LEVATO VELO

4 definitions found across Law Mind sources

LEVATO VELOAuthored
The Law Mind • 611 words
Definition
A Latin phrase from Roman law meaning, literally, "the veil having been lifted." In legal usage, it describes a mode of proceeding by which certain causes — particularly wreck and salvage matters — were heard summarily, without the full formalities of ordinary trial. A court proceeding levato velo was one conducted with dispatch: expedited, stripped of delay, and resolved on the substance of the matter rather than through elaborate procedural process.
Why It Matters in Research
This term appears almost exclusively in historical legal sources and in treatises touching Roman civil procedure and admiralty law. Researchers encountering it in old English admiralty texts or civilian-influenced jurisdictions should understand it as a signal that the proceeding described was summary in character — not that the court lacked jurisdiction, but that it exercised jurisdiction in a compressed, non-plenary form. The phrase is not in active use in modern legal writing. Its appearance in a source is itself a dating and jurisdictional clue: it points toward civilian tradition, admiralty context, or a writer schooled in Roman law. Do not expect to find it in common law procedural materials outside of historical or comparative law scholarship. Researchers working in the Law Mind corpus on admiralty, salvage, or shipwreck law should treat levato velo as a terminus technicus for summary admiralty hearing. When the phrase appears, the surrounding text will usually concern the speed or informality of the proceeding, not a distinct substantive right.
Historical Dictionary Support
Black's Law Dictionary (both editions) agrees on the core meaning: levato velo is a Roman law expression applied to the trial of wreck and salvage causes, signifying summary hearing. The entry acknowledges that commentators disagree on the precise origin of the expression — specifically, what the lifted or spread veil refers to — but treats the functional legal meaning as settled: these causes were heard summarily. The most historically credible interpretation offered by Black's is physical and spatial: a sail or veil was spread before the door of the place where causes were heard, with officers stationed to exclude strangers, creating a kind of informal tribunal screened from the public bustle. The lifting of the veil thus marked the opening of the proceeding. This reading ties the phrase to place and procedure rather than to any abstract principle of justice. The second edition of Black's provides additional context, but the relevant passage in the source material appears immediately after an unrelated entry on lettres de cachet, suggesting the levato velo material was either truncated or split across entries in that edition. Bouvier's Law Dictionary does not provide a usable entry for this term in the source material provided; the excerpt concerns foreign representatives and estate administration, which has no apparent connection to levato velo. What the historical dictionaries do not address: they say nothing about how the summary procedure actually differed mechanically from ordinary Roman civil proceedings, nor do they identify which magistrates or courts exercised jurisdiction under this mode. Researchers needing that level of procedural detail will need to move beyond legal dictionaries to treatises on Roman admiralty law or the civilian commentators referenced (but not named) in Black's.
Jurisdictional Note
The phrase originates in Roman civil law and carries over into civilian and mixed legal systems. Its appearance in English legal sources reflects the civilian roots of English admiralty jurisdiction. It has no independent common law procedural counterpart and is not recognized as operative terminology in any modern Anglo-American jurisdiction.
Related Terms
Summary proceeding — Admiralty — Salvage — Wreck — In rem jurisdiction — Civilian procedure — Roman law
LEVATO VELOmain
Black's Law Dictionary • 1891
Lat. An expression used in the Roman law, and applied to the trial of wreck and salvage. Commentators disa- gree about the origin of the expression; but all agree that its general meaning is that these causes shall be heard summarily. The most probable solution is that it refers to the place where causes were heard. A sail was spread before the door and officers employed to keep strangers from the tribunal. When these causes were heard, this sail was raised, and suitors came directly to the court, and their causes were heard immediately. As applied to maritime courts, its meaning is that causes should be heard without delay. These causes require dispatch, and a delay amounts practically to a denial of justice. (See Cod. 11, 4, 5.) Bouvier.
LEVATO VELOmain
Black's Law Dictionary (2nd Ed.) • 1910
for such punishment. They were also granted by the king for the purpose of shielding his favorites or their friends from the consequences of their crimes; and thus were as pernicious in their operation as the protection afforded by the church to criminals in a former age. Abolished during the Revolution of 1789. Wharton. Lat. An expression used in the Roman law, and applied to the trial of wreck and salvage. Commentators disagree about the origin of the expression; but all agree that its general meaning is that these causes shall te heard summarily. The most probable solution is that it refers to the place where causes were heard. A sail was spread before the door and officers employed to keep strangers from the tribu- ‘LEVEE nal. When these causes were heard, this sail was raised, and suitors came directly to the court, and their causes were heard immediately. As applied to maritime courts, its meaning is that causes should be heard without delay. These causes require dispatch, and a delay amounts practically to a denial of justice. (See Cod. 11, 4, 5.) Bouvier. ,
LEVATO VELOmain
Bouvier's Law Dictionary • 1928
foreign letters are taken out for the collec- tion of foreign assets; or of collecting and realizing upon property and debts so far as it may be done by him, without resort to a foreign jurisdiction; 4 Mason 33; 38 N. Y. 897; 12 Metcalf 421; 103 Mass. 245; but the domestic representative is not to be held in this respect to too onerous a responsibility with respect to foreign property which he cannot realize by virtue of his appointment. See Sto. Confi. L. § 514 a; Schoul. Ex. & Ad. § 175. There is some difference of opinion as to whether a voluntary surrender of assets to the domiciliary representative protects the debtor against claims made by virtue of an administration within his own jurisdiction. The United States supreme court, sup- ported by the current of American author- ity, maintains that, as between the states such payment or delivery of assets is suffi- cient to discharge the local debtor in the absence of local administration; 18 How. 104; 9 Wall. 741; 108 U. S. 256; 65 Ala. 89; 20 Ν. Υ. 108. The English doctrine is otherwise; Whart. Confl. L. § 626; Schoul. Ex. & Ad. §176; Sto. Confi. L. § 515 a. See Dicey, Confl. L. ch. X. (c), ch. XVII. (B) with Moore's American notes. See, generally, Williams; Crosswell, Executors; Wharton; Story, Confi. L.; LETTERS OF ADMINISTRATION; EXECUTOR; ADMINISTRATOR; CONFLICT OF LAWS; LEX LOCI; ADMINISTRATION.

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