“Vel non” is a Latin phrase meaning “or not” that is sometimes used in legal contexts, but is considered unnecessary and can be replaced with “if”. It may appear in older legal documents and in fiction, but people can usually substitute “or not” to understand its meaning. Legal documents should be explained in plain language before signing.
Vel is not a Latin phrase meaning “or not”. Typically, this term is not used, as it is considered an unnecessary piece of legal jargon; a lawyer could easily say “or not”, rather than resorting to legal Latin, or he could phrase something differently. People may encounter it in older legal documents from times when Latin was more commonly in use, and occasionally judges or lawyers become attached to this idiom and begin incorporating it into their work.
This term is used in contexts where people want to discuss whether or not there is something of interest in a case. For example, a judge might say that a lawsuit is underway to determine the merits, vel non, of a plaintiff attempting to collect damages in connection with an act of alleged negligence. In other words, the court meets to decide whether or not the plaintiff’s claim that the defendant acted negligently is true.
As an alternative to saying vel non, people can be encouraged to structure a sentence with “if”, avoiding the “or not” construction altogether. A lawyer might put a question to a witness asking if the witness remembers filing a particular document, for example. Lawyers working to eliminate legal Latin and use plain language can compose statements and questions in a variety of ways to avoid using Latin jargon.
When reading documents where this phrase appears, people can usually simply substitute “or not” for any instance of vel non to understand the meaning of the document. If the meaning is still unclear, you may need to consult a lawyer for more information. In the case of legal documents such as lawsuits filed against a person or inquiries, people have the right to have the document explained in plain language so that they understand what it means and are aware of the implications. People should not sign to indicate acceptance of legal documents unless they understand them.
People with a passion for legal jargon may insert terms like vel non into regular spoken conversation, not just legal documents and statements, and this term also sometimes appears in fiction surrounding the legal profession, such as mystery novels and thrillers featuring lawyers. These cases are usually the result of a desire to flaunt the acquisition of legal terminology, although they can also have their origins in an interest in etymology and punning.
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