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IDEM Definition & Legal Meaning

Definition & Citations:

Lat The same. According to Lord Coke, “idem” has two significations, sc.,idem syllabis seu verbis, (the same in syllables or words,) and idem re et scnsu, (thesame in substance and in sense.) 10 Coke, 124a.In old practice. The said, or aforesaid; said, aforesaid. Distinguished from “prcedictws”in old entries, though having the same general signification. Townsh. PI. 15, 16.Idem agens et patiens esse non potest.Jenk. Cent. 40. The same person cannot be both agent and patient; i. e., the doer andperson to whom the thing is done.Idem est facere, et non prohibere cum possis; et qui non prohibit, cum prohiberepossit, in culpa est, (aut jubct.)3 Inst. 158. To commit, and not to prohibit when in your power, is the same thing; andhe who does not prohibit when he can prohibit is in fault, or does the same as orderingit to be done.Idem est nihil dicere, et insufficienter dicere. It is the same thing to say nothing,and to say a thing insufficiently. 2 Inst. 178. To say a thing in an insufficient manner isthe same as not to say it at all. Applied to the plea of a prisoner. Id.Idem est non esse, et non apparere.It is the same thing not to be as not to appear. Jenk. Cent. 207. Not to appear is thesame thing as not to be. Broom, Max. 165.Idem est non probari et non esse; non deficit jus, sed probatio. What is not provedand what does not exist are the same; It Is not a defect of the law, but of proof.Idem est scire ant scire debere aut potuisse. To be bound to know or to be able toknow is the same as to know.


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