The Latin phrase "in re" translates to "in the matter of" or "in the thing of." In legal terminology, it is used to refer to cases, legal matters, or proceedings that relate to a particular subject or issue. It is commonly found in the titles of cases, especially in judicial decisions and documents, to specify the subject matter of the case.
Usage in Legal Context
Case Titles: In legal documents and court cases, you might see "in re" followed by the name of a person, entity, or issue. For example, "In re Estate of John Doe" refers to a legal proceeding concerning the estate of John Doe.
Types of Procedures: "In re" cases often pertain to specific procedural matters or types of law, such as:
- In re Marriage: Cases related to divorce or marital status.
- In re Bankruptcy: Bankruptcy cases, where debts and obligations of a person or business are addressed.
- In re Adoption: Legal proceedings concerning the adoption of a child.
Discretionary Nature: The use of "in re" indicates that the matter is not a traditional adversarial case (where two parties are opposing each other), but rather it often pertains to a particular issue requiring judicial oversight or decision-making.
- Judicial Review: Courts may hear "in re" matters when there is a need for a court to adjudicate a specific legal issue, often involving administrative actions or the rights of parties not directly involved in a traditional lawsuit.
Examples of In Re Cases
- In re Gault: A landmark case in which the U.S. Supreme Court held that juvenile defendants have the right to due process.
- In re: the Marriage of Smith: This would indicate a divorce proceeding involving individuals with the last name Smith.
Conclusion
The phrase "in re" is a common legal term that helps clarify the subject of a legal document or decision. It serves to categorize legal matters that are not conventional disputes between opposing parties but rather involve specific legal issues that courts need to resolve. Understanding how "in re" is applied can be valuable for anyone navigating the legal system or engaging in legal research.