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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.
Natural justice is identified with the two constituents of a fair hearing, [3]: 322 which are the rule against bias (nemo iudex in causa sua, or "no man a judge in his own cause"), and the right to a fair hearing (audi alteram partem, or "hear the other side"). [7] The requirements of natural justice or a duty to act fairly depend on the context.
The common law rules of natural justice consist of two pillars: impartiality (the rule against bias, or nemo judex in causa sua – "no one should be a judge in his own cause") and fair hearing (the right to be heard, or audi alteram partem – "hear the other side"). The rule against bias divides bias into three categories: actual bias ...
audi alteram partem, the legal principle that no person should be judged without a fair hearing; children's participation in a legal proceeding relating to them.
The Latin brocard nemo judex in causa sua has its origins in the Roman legal tradition and is codified within the Corpus Juris Civilis.In 376 AD, an imperial decree established the principle that "no one shall decide his own case or interpret the law for himself" (neminem sibi esse iudicem vel ius sibi dicere debere) (Code 3.5.1).
Audi alteram partem or audiatur et altera pars "Listen to the other side", or "let the other side be heard as well". Refers to the idea that one cannot be fairly judged unless the cases for and against them have been heard. Casum sentit dominus or res perit domino "Accident is felt by the owner".
audi alteram partem: hear the other side: Legal principle; also worded as audiatur et altera pars ("let the other side be heard also") audio hostem: I hear the enemy: Motto of the 845 NAS Royal Navy audi, vide, tace: hear, see, be silent: aurea mediocritas: golden mean: From Horace's Odes, 2, 10. Refers to the ethical goal of reaching a ...
Specifically, it violates the second principle of natural justice, audi alteram partem (hear the other party). In some civil law legal systems, such as that of Italy, absentia is a recognized and accepted defense strategy. [citation needed] Such trials may require the presence of the defendant's lawyer, depending on the country.