relation back
Học thuậtThân thiện
Definition
- Noun (Legal Principle):
- A legal doctrine stating that an action performed or a document filed at a later date is considered by law to have taken effect from an earlier, specified date. This principle is often applied to amendments in legal pleadings to prevent prejudice against a party due to a statute of limitations.
Usage Examples
- Noun:
- The court allowed the relation back of the amended claim, treating it as if it had been filed with the original lawsuit.
- His attorney argued for the relation back of the amended complaint to the time the initial complaint was filed.
Advanced Usage
- "Doctrine of relation back": The full term for this legal principle.
- The doctrine of relation back saved the plaintiff's case from being dismissed on procedural grounds.
Variants and Related Words
- Relate back (verb phrase): The action of applying this principle.
- The new evidence will relate back to the date of the original filing.
Synonyms
- Retroactive application: Having effect from a past date.
- Nunc pro tunc (Latin legal term): Meaning "now for then," often used for court orders with retroactive effect.
Related Phrases
- Relation-back doctrine: Another way to refer to the principle.
- The success of the motion depended entirely on the relation-back doctrine.
Noun
- (law) the principle that an act done at a later time is deemed by law to have occurred at an earlier time
- his attorney argued for the relation back of the amended complaint to the time the initial complaint was filed