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单词 casus omissus
释义

casus omissusn.

Brit. /ˌkɑːsəs ə(ʊ)ˈmɪsəs/, /ˌkeɪsəs ə(ʊ)ˈmɪsəs/, U.S. /ˌkɑsəs oʊˈmɪsəs/, /ˌkeɪsəs əˈmɪsəs/
Origin: A borrowing from Latin. Etymon: Latin casus omissus.
Etymology: < post-classical Latin casus omissus (1532 or earlier, in sense 2) < classical Latin cāsus case n.1 + omissus , past participle of omittere omit v.
1. An unprecedented or exceptional situation or circumstance. Obsolete. rare.
ΚΠ
1607 Bp. J. King Serm. Oxon 5 Nov. 4 Ours is casus omissus, a transcendent of transcendents..; our danger a monster of dangers such as nature neuer brought forth.
2. Law. A situation or circumstance not provided for by legislation; a gap or omission in the law.Apparent omissions in statute are traditionally regarded as intentional, and not to be supplied by judges. In English law in the 21st cent., however, it has become increasingly common for the courts to correct obvious drafting errors in legislation.
ΚΠ
1645 P. Heylyn Parliaments Power 33 Parliament took notice first, that their not restoring of that book to the former Power in Termes significant and expresse, was but Casus omissus.
1791 Lawyer's & Magistrate's Mag. May 70 This is apparently casus omissus in the Act; but the Court will not supply that which the Legislature ought to have done.
1818 Daily National Intelligencer (Washington) 30 Nov. Owing to a casus omissus in the acts of Congress, the Court determined that they had no jurisdiction.
1876 Isle of Man Times 8 Jan. 2/6 If his case did not come within the provisions of the Act it was then a casus omissus.
1918 Atlantic Reporter 102 198/1 Is there a casus omissus in the statute, an omission that makes the law inoperative in the district comprising the city of Wilmington?
1960 Times 28 July 14/1 Lord Justice Devlin..said in his view this was simply a casus omissus and the Act was defective.
2001 Columbia Law Rev. 101 996 In its strict literal sense, the term ‘equity of the statute’ only referred to the extension of statutory terms to a casus omissus.
This is a new entry (OED Third Edition, March 2017; most recently modified version published online March 2022).
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n.1607
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