The Volokh Conspiracy
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C.A.V.
What does this bit of legalese mean?
I just learned it from Third Circuit Judge Cheryl Krause's dissent from denial of rehearing en banc in Lara v. Commissioner. Black's Law Dictionary (Bryan Garner's 11th ed.) tells us that "c.a.v." stands for "curia advisari vult," which in turn literally means "The court will be advised; the court will consider," and "signal[s] a court's decision to delay judgment pending further consideration."
"In England, the phrase is still used in all Court of Appeal decisions when the judgment is reserved; that is, not delivered after the hearing." In America, for better or worse, it seems extremely rare; but in the Third Circuit, it's a thing, with the phrase generally being something like "hold the case c.a.v."
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"curia advisari vult" sounds like a Harry Potter spell.
(Is it still OK to mention Harry Potter, just so long as one doesn't mention the author of the Harry Potter books, She Who Will Not Be Named?)
That's what I thought. "advisari" is some sort of funky backforming of a Latin word by some lawyer.
“advisari” looks like the passive infinitive of the hypothetical verb “advīsāre,” which is intended to mean “to advise.” But as far as I can tell, the real Latin word is “advīsere” so the passive infinitive should be “advīsī.” Which would give us “Curia advisi vult.” Possibly an example of “Law Latin” being a little bit off from the classical perspective.
I can't find "advisere" in L&S. But "visere" is there. Your suggestion is spot on.
The etymology of "advise" (and "advice") ultimately comes for Latin "visum" which is the past participle of "videre" (to see). But "visere" is very close with "to look at"), and is an intensive version of "videre". So more like "to look very carefully."
Interesting history here. I wonder when "advisari" was introduced and who introduced it. Misunderstanding of how to construct the passive infinitive? Chose the wrong root word? Misspelling?
How about we CAV their salaries?
No, we can't do that, but we CAN impeach them, and I think that MAGA needs a goal of impeaching (and removing) at least a hundred Federal judges...
If the courts keep going the way they are going, I expect we'll be seeing lawyers filing "hostis curiae" briefs more and more often....