cassation etymology

Etymology:

The term "cassation" originates from the Latin word "cassare," meaning "to quash" or "to annul."

Meaning:

In legal contexts, cassation refers to the act of overturning or annulling a lower court's judgment by a higher court. It is typically used when the lower court's decision is found to be erroneous in law or procedure.

Origin:

The concept of cassation emerged in the Roman legal system, where the Praetor had the authority to quash or annul judgments that were unfair or unjust. In the medieval period, cassation became a common practice in many European legal systems, including those of France, Spain, and Italy.

Uses:

Today, cassation is used in various countries around the world as a mechanism for judicial review. It allows higher courts to correct errors made by lower courts and ensure consistency in the application of the law.

Types of Cassation:

There are generally two main types of cassation:

• Full Cassation: The higher court completely overturns the lower court's judgment and sends the case back to the lower court for retrial.
• Partial Cassation: The higher court invalidates only specific parts of the lower court's judgment, while leaving the remaining parts intact.

Courts of Cassation:

In many countries, there are specialized courts known as "Courts of Cassation" or "Supreme Courts" that have exclusive jurisdiction over cassation cases. These courts are typically responsible for ensuring uniformity in the interpretation and application of the law throughout the country.

cassation relate terms

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  Etymology French casser from Late Latin cassare meaning to annul void or break L

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  Etymology French casser from Late Latin cassare meaning to annul void or break L

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