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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - Sua sponte
The law is reason, free from passion.
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Definition of Sua sponte
Definition: Sua sponte is a Latin term that means "of one's own accord; voluntarily." In legal terms, it is used to indicate that a court has taken notice of an issue on its own motion without prompting or suggestion from either party.
For example, if a court notices that a case has not been moving forward due to lack of action from either party, the court may dismiss the case sua sponte, meaning the court is dismissing the case on its own initiative without being asked to do so by either party.
Another example is when a court enters a motion to dismiss for want of jurisdiction even though both parties have agreed to appear in the court. This means that the court has noticed that it does not have the authority to hear the case and is dismissing it on its own initiative.
Overall, the term "sua sponte" is used to describe a court's ability to take action on its own initiative without being prompted by either party.
Success in law school is 10% intelligence and 90% persistence.
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Simple Definition
Term: Sua sponte
Definition: Sua sponte is a Latin term that means "voluntarily" or "of one's own accord." In legal terms, it is used to describe when a court takes action on its own without being prompted by either party. For example, a court may dismiss a case on its own motion if there are grounds for dismissal, such as failure to comply with court rules or orders. Sua sponte can also be used to describe a court's decision to enter a motion to dismiss for lack of jurisdiction, even if both parties have agreed to appear in court.
If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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