Legal Definitions - quod partes replacitent

quod partes replacitent

Quod partes replacitent is a legal term that means "that the parties do replead." It refers to a judgment given by a court when an issue is formed on such an unimportant point that the court cannot decide who should win the case. In this situation, the court orders the parties to replead their case so that the issue can be resolved.

For example, if two people are in a legal dispute over a small amount of money, and the court cannot determine who is right based on the evidence presented, the court may order quod partes replacitent. This means that the parties must go back and replead their case, providing more evidence or clarifying their arguments so that the court can make a decision.

Another example might be a case where the parties have made contradictory claims, but the court cannot determine which claim is true based on the evidence presented. In this situation, the court may order quod partes replacitent, giving the parties a chance to replead their case and provide more evidence to support their claims.