Ad vitam aut culpam

Ad vitam aut culpam

Ad vitam aut culpum is a Latin phrase found in Scots law which meaning "for life or until fault" [ cite web|title=Ad vitam aut culpum| url=http://www.infoplease.com/dictionary/brewers/ad-vitam-aut-culpam.html|publisher=http://www.infoplease.com/ |accessdate=2007-11-16] which guarantees the right of a Sheriff Depute (judge) to hold office permanently or until they forfeit such by misconduct. The Heritable Jurisdictions (Scotland) Act 1746 used the phrase to guarantee a Sheriff's term office after they have held office for seven years. [ Heritable Jurisdictions (Scotland) Act 1746 cite web|title=Stewart v. Secretary of State for Scotland.|url=http://www.publications.parliament.uk/pa/ld199798/ldjudgmt/jd980122/stewart.htm|publisher=Office of Public Sector Information |accessdate=2007-11-16]

The applicability of this law was decided upon by the House of Lords in the case "Stewart v. Secretary of State For Scotland" where it was stated this it did not protect a Sheriff from dismissal for "inability". Further Acts of Parliament empowered the Lord President of the Court of Session and the Lord Justice Clerk to remove Sheriffs from office due to a personal inability to complete their function - differentiated from a mental incapacity or incapacity due to age. Therefore, ad vitam aut culpum has a limited applicability which does protect an office from dismissal if they are incompetent.

References


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  • ad vitam aut culpam — for life or until blame . Many office holders are appointed on this basis, but the modern trend is to fix retirement ages; for example, judges are now appointed subject to a retirement age. Collins dictionary of law. W. J. Stewart. 2001 …   Law dictionary

  • ad vitam aut culpam —    to life or misdeed ; so long as good behaviour lasts …   Dictionary of difficult words

  • ad vitam aut culpam — /aed vaytam 6t kalpam/ For life or until fault. Words descriptive of a tenure of office for life or good behavior, equivalent to quamdiu bene se gesserit …   Black's law dictionary

  • ad vitam aut culpam — /aed vaytam 6t kalpam/ For life or until fault. Words descriptive of a tenure of office for life or good behavior, equivalent to quamdiu bene se gesserit …   Black's law dictionary

  • ad vitam aut culpam — For life or until guilty of misbehavior, that is, during good behavior …   Ballentine's law dictionary

  • ad vitam aut culpam — ädˈwēˌtäm.ˌau̇tˈku̇lˌpäm Etymology: Latin : for life or until misbehavior used to qualify originally a feudal tenure and later an appointment to office …   Useful english dictionary

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