Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". [1] It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them. [2]
"Audi alteram partem" is considered to be a principle of fundamental justice or equity or the principle of natural justice in most legal systems. This principle includes the rights of a party or its lawyers to confront the witnesses against them, to have a fair opportunity to challenge the evidence presented by the other party, to summon one's own witnesses and to present evidence, and to have counsel, if necessary at public expense, in order to make one's case properly. [3]
As a general principle of rationality in reaching conclusions in disputed matters, "Hear both sides" was treated as part of common wisdom by the ancient Greek dramatists. [4] A similar principle can also be found in Islamic law, based on a hadith indicating that in litigation, both parties must be heard. [5] The principle was referred to by the International Court of Justice in the Nuclear Tests case, referring to France's non-appearance at judgment. [6] Modern legal systems differ on whether individuals can be convicted in absentia . The principle is used in labour law matters in countries like South Africa and Zimbabwe. [7]
The phrase is also the origin of the name of German carmaker Audi. Founder August Horch had left his previous company, Motorwagenwerke, after a dispute with partners and founded a new company on 16 July 1909, initially named the August Horch Automobilwerke GmbH. His former partners sued him for trademark infringement, and the German Reichsgericht (Supreme Court) ruled that the Horch brand belonged to his former company. [8] Horch therefore called a meeting with close business friends Paul and Franz Fikentscher, to come up with a new name for the company. During this meeting, Franz's son was quietly studying Latin in a corner of the room. Several times he looked like he was on the verge of saying something but would just swallow his words and continue working, until he finally blurted out, "Father – audiatur et altera pars... wouldn't it be a good idea to call it audi instead of horch?" [9] "Horch!" in German means "Hark!" or "hear", which is "Audi" in the singular imperative form of "audire" – "to listen" – in Latin. The idea was enthusiastically accepted by everyone attending the meeting, and the company was registered as Audi Automobilwerke GmbH Zwickau in 1910. [10]
Audi AG is a German automotive manufacturer of luxury vehicles headquartered in Ingolstadt, Bavaria, Germany. As a subsidiary of its parent company, the Volkswagen Group, Audi produces vehicles in nine production facilities worldwide.
Ḥadīth or Athar in Islam refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approval of the Islamic prophet Muhammad as transmitted through chains of narrators. In other words, the ḥadīth are transmitted reports about what Muhammad said and did. As noted by Emad Hamdeh, each report is a piece of data about Muhammad; when collected, these data points paint a larger picture which is referred to as the Sunnah.
Volkswagen AG, known internationally as the Volkswagen Group, is a German multinational automotive manufacturer headquartered in Wolfsburg, Lower Saxony, Germany. The company is publicly traded but controlled by Porsche SE, which in turn is half-owned and fully controlled by the Austrian-German Porsche and Piëch family. The company designs, manufactures and distributes passenger and commercial vehicles, motorcycles, engines and turbomachinery, as well as offering related services, including financing, leasing and fleet management. In 2016, it was the world's largest automaker by sales, overtaking Toyota and keeping this title in 2017, 2018 and 2019, selling 10.9 million vehicles. It has maintained the largest market share in Europe for over two decades. It ranked seventh in the 2020 Fortune Global 500 list of the world's largest companies.
A brocard is a legal maxim in Latin that is, in a strict sense, derived from traditional legal authorities, even from ancient Rome. The word is a variant of the Latinized name of Burchard of Worms, Bishop of Worms, Germany, who compiled 20 volumes of Ecclesiastical Rules.
Zwickau is, with around 89,000 inhabitants, the fourth-largest city of the Free State of Saxony after Leipzig, Dresden and Chemnitz and it is the seat of the Zwickau District. The West Saxon city is situated in the valley of the Zwickau Mulde, and lies in a string of cities sitting in the densely populated foreland of the Elster and Ore Mountains stretching from Plauen in the southwest via Zwickau, Chemnitz and Freiberg to Dresden in the northeast. From 1834 until 1952, Zwickau was the seat of the government of the south-western region of Saxony.
The coat of arms of Ontario is the heraldic symbol representing the Canadian province of Ontario. The arms contains symbols reflecting Ontario's British heritage along with local symbols. At the upper part of the shield is the red cross of St. George, representing England. The lower portion of the shield features three golden maple leaves on a green background.
Trial in absentia is a criminal proceeding in a court of law in which the person who is subject to it is not physically present at those proceedings. In absentia is Latin for "in (the) absence". Its meaning varies by jurisdiction and legal system.
Horch[hɔʁç] was a car brand manufacturer, founded in Germany by August Horch & Cie at the beginning of the 20th century.
Abū Muhammad Abd-Allāh ibn Muslim ibn Qutayba al-Dīnawarī al-Marwazī better known simply as Ibn Qutaybah was an Islamic scholar of Persian descent. He served as a judge during the Abbasid Caliphate, but was best known for his contributions to Arabic literature. He was an Athari theologian and polymath who wrote on diverse subjects, such as Qur'anic exegesis, hadith, theology, philosophy, law and jurisprudence, grammar, philology, history, astronomy, agriculture and botany.
Nemo judex in causa sua is a Latin phrase that means, literally, "no-one is judge in his own cause." It is a principle of natural justice that no person can judge a case in which they have an interest. In many jurisdictions the rule is very strictly applied to any appearance of a possible bias, even if there is actually none: "Justice must not only be done, but must be seen to be done".
Mahmud Hasan Deobandi was an Indian Muslim scholar and an activist of the independence movement, who co-founded the Jamia Millia Islamia and launched the Silk Letter Movement for the freedom of India. He was the first student to study at the Darul Uloom Deoband. His teachers included Muhammad Qasim Nanautawi and Mahmud Deobandi, and he was authorized in Sufism by Imdadullah Muhajir Makki and Rashid Ahmad Gangohi.
All loans in Islam are interest free. Qardh al-hasan is the one which is without a collateral. However some Ulema deem it a form of interest-free loan that is extended by a lender to a borrower on the basis of benevolence (ihsan). Al-qardh, from a shari’a point of view, is a non commutative contract, as it involves a facility granted only for the sake of tabarru’ (donation). Therefore, al-qardh al-hasan is a gratuitous loan extended to people in need, for a specified period of time. At the end of that period, the face value of the loan is to be paid off. In other words, shari’a prohibits the stipulation of an excess for the lender, as it amounts to riba, whether the excess is expressed in terms of quality or quantity, or whether it is a tangible item or a benefit. However, it is permitted that the repayment of qardh is made with an excess, provided that such an excess is neither expressly stipulated nor implicitly pre-arranged in the contract of loan.
Porsche Automobil Holding SE, usually shortened to Porsche SE, is a German multinational corporation primarily known as a holding company of Volkswagen Group with investments in the automotive industry. Porsche SE is headquartered in Zuffenhausen, a city district of Stuttgart, Baden-Württemberg and is majority owned by the Austrian-German Porsche-Piëch family. The company was founded in Stuttgart as Dr. Ing. h.c. F. Porsche GmbH in 1931 by Ferdinand Porsche (1875–1951) and his son-in-law Anton Piëch (1894–1952).
Zivilprozessordnung (ZPO) is the Austrian code of civil procedure. It was drafted in 1895 by Franz Klein, and superseded the Josephinian Common Court Regulations of 1781.
Iura novit curia is a Latin legal maxim expressing the principle that "the court knows the law", i.e., that the parties to a legal dispute do not need to plead or prove the law that applies to their case. The maxim is sometimes quoted as jura novit curia, iura noscit curia, curia iura novit, curia novit legem or variants thereof.
Zygmunt Kaczkowski (1825–1896) was a Polish writer, independence activist and an Austrian spy. He was convicted in 1864 of espionage by an underground court in the January Uprising. There is a consensus that this accomplished writer is today a forgotten figure of Polish literature, virtually erased from national consciousness.
International Woodworkers of America, Local 2-69 v Consolidated-Bathurst Packaging Ltd, [1990] 1 SCR 282 is a leading Canadian administrative law case on the issue of procedural fairness and bias. The Supreme Court of Canada held that full board meetings of the Ontario Labour Relations Board to discuss matters of policy in relation to a case did not violate the principles of natural justice.
Procedural impropriety in Singapore administrative law is one of the three broad categories of judicial review, the other two being illegality and irrationality. A public authority commits procedural impropriety if it fails to properly observe either statutory procedural requirements, or common law rules of natural justice and fairness.
The Ẓāhirī madhhab or al-Ẓāhirīyyah is a school of Islamic jurisprudence founded by Dawud al-Zahiri in the ninth century, characterised by reliance on the outward (ẓāhir) meaning of expressions in the Qur'an and hadith, as well as rejection of analogical deduction (qiyās). After a limited success and decline in the Middle East, the Ẓāhirī school flourished in the Caliphate of Córdoba, particularly under the leadership of ibn Hazm, whose book Al-Muhalla is considered to be adiwalu al fiqhi dhahiri. It is variously said to have "survived for about 500 years in various forms" before being "merged with the Ḥanbalī school", but also to have been revived in the mid-20th century in parts of the Muslim world.
The doctrine of legitimate expectation in Bangladesh is a ground for filing writ petitions under Article 102 of the Constitution of Bangladesh. Writ petitions are an indirect system of judicial review in Bangladesh. Legitimate expectation concerns judicial review in administrative law. It is based on the principles of natural justice and fairness, and seeks to prevent abuse of power and Wednesbury irrationality, by public authorities. The doctrine of legitimate expectation seeks to protect a procedural or substantive interest when a public authority rescinds from a representation made to a person. A key facet of this doctrine is that a public authority must provide an explanation based on reasonable and fair grounds for its decision. The doctrine was firmly established by the English courts. The Supreme Court of Bangladesh began referring to the doctrine in 1987. It was expressly referred in judgement for the first time in 2000.