CAUSA
causa (kaw-z<<schwa>>), n.[Latin] 1.CAUSE(1).
“One of the vaguest terms of the Roman juristic language. Starting from the basic meaning of cause, reason, inducement, the jurists use it in very different senses….Causa is the reason for which some judicial measures (actions, exceptions, interdicts) were introduced by the praetor….
Sometimes causa is roughly identical with animus when it alludes to the subjective motive, intention, or purpose of a person.” Adolf Berger, Encyclopedic Dictionary of Roman Law 382–83 (1953).
causa causans (kaw-z<<schwa>> kaw-zanz). An immediate or effective cause. See
immediate cause under CAUSE(1).
causa jactitationis maritagii (kaw-z<<schwa>> jak-ti-tay-shee-oh-nis mar-<< schwa>>-tay-jee-I). [Latin “cause of assertion of marriage”] See JACTITATION OF MARRIAGE.
causa matrimonii praelocuti (kaw-z<<schwa>> ma-tr<<schwa>>-moh-nee-I pree-l<< schwa>>-kyoo-tI). [Latin “cause of prearranged marriage”] Hist. A writ of entry available to a woman who had given land to a suitor who refused to marry her within a reasonable time. — Also termed entry for marriage in speech. causa proxima (kaw-z<<schwa>> prok-si-m<<schwa>>). The immediate or latest cause. See
proximate cause under CAUSE. causa remota (kaw-z<<schwa>> ri-moh-t<<schwa>>). A remote or indirect cause. See
remote cause under CAUSE.
causa sine qua non (kaw-z<<schwa>> sI-nee kway nonalsosin-ay kwah nohn). A necessary cause; the cause without which the thing cannot be or the event would not have occurred. See but-for cause under CAUSE(1).
2.Roman & civil law. A consideration or inducement.“The revolution of the ancient law of Contract was con-summated when the Praetor of some one year announced in his Edict that he would grant equitable actions upon Pacts which had never been matured at all into Contracts, provided only that the Pacts in question had been founded on a consideration (causa).” Henry S. Maine, Ancient Law 28 (17th ed. 1901).
“Article 1131 of the French Civil Code provides that: ‘L’obligation sans cause, ou sur une fausse cause, ou sur une cause illicite, ne peut avoir aucun effet.’ This cause or causa is a synonym for consideration, and we find the terms used interchangeably in the earlier English authorities.” John Salmond, Jurisprudence 361 (Glanville L. Williams ed., 10th ed. 1947).
causa falsa (kaw-z<<schwa>> fal-s<<schwa>> [orfawl-s<<schwa>>]). See falsa causa.
causa non secuta (kaw-z<<schwa>> non s<<schwa>>-kyoo-t<<schwa>>). [Latin “the (expected) consideration not having followed”] Roman law. A consideration that has failed; failure of consideration.
falsa causa (kaw-z<<schwa>> fal-s<<schwa>> [orfawl-s<<schwa>>]). [Latin “mistaken reason or motive”] Roman law. Falsity of consideration. • This might result from several things, such as a mistaken reason for making a gift or bequest. — Also termed (esp. in civil law) causa falsa. [Blacks Law 8th]