ab initio

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Ab Initio

[Latin, From the beginning; from the first act; from the inception.] An agreement is said to be "void ab initio" if it has at no time had any legal validity. A party may be said to be a trespasser, an estate said to be good, an agreement or deed said to be void, or a marriage or act said to be unlawful, ab initio. Contrasted in this sense with ex post facto, or with postea.

The illegality of the conduct or the revelation of the real facts makes the entire situation illegal ab initio (from the beginning), not just from the time the wrongful behavior occurs. A person who enters property under the authority of law but who then by misconduct abuses his or her right to be on the property is considered a trespasser ab initio. If a sheriff enters property under the authority of a court order requiring him to seize a valuable painting, but instead he takes an expensive marble sculpture, he would be a trespasser from the beginning. Since the officer abused his authority, a court would presume that he intended from the outset to use that authority as a cloak from under which to enter the property for a wrongful purpose. This theory, used to correct abuses by public officers, has largely fallen into disuse.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

ab initio

prep. lawyer Latin for "from the start," as "it was legal ab initio."

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

ab initio

‘from the beginning’.
Collins Dictionary of Law © W.J. Stewart, 2006

AB INITIO, from the beginning.
     2. When a man enters upon lands or into the house of another by authority of law, and afterwards abuses that authority, he becomes a trespasser ab initio. Bac. Ab. Trespass, B.; 8 Coke, 146 2 Bl. Rep. 1218 Clayt. 44. And if an officer neglect to remove goods attached within a reasonable time and continue in possession, his entry becomes a trespass ab initio. 2 Bl. Rep. 1218. See also as to other cases, 2 Stra. 717 1 H. Bl. 13 11 East, 395 2 Camp. 115, 2 Johns. 191; 10 Johns. 253; ibid. 369.
     3. But in case of an authority in fact, to enter, an abuse of such authority will not, in general, subject the party to an action of trespass, Lane, 90 ; Bae. Ab. Trespass, B ; 2 T. It. 166. See generally 1 Chit. Pl. 146. 169. 180.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
The Ab-Initio Pilot Training Programme aims to provide aviation training to JAA/EASA international standards to 120 Pilots and will be financially supported by Tamkeen with a total sum of nearly BD4 million.
Pilot training includes Ab-Initio; direct entry; cross conversion qualifications on the A320, A330 and A340; and recurrent training.
The report also contains the details of the NRO beneficiaries who were appointed on key positions even after the NRO was declared void ab-initio by the apex court.
Sheik Ahmed Al-Nabhani, chief officer Support Services, said that this is the 3rd batch of Ab-initio pilots since 2005.
OAA's Ab-Initio training division managing director Anthony Petteford added that the organisation was looking forward to helping Bahrain become a leading centre in aviation training.
Alzain also said: 'Mid-2009, we initiated the Ab-Initio programme, a fully integrated training programme for Bahraini pilot cadets who are training for an Airline Transport Pilot's Licence (ATPL).
CAFUC will be using new A320 flight training equipment for the expansion of its instructional programme for Ab-Initio training and to service China's airlines type rating needs.
The first batch of 20 Bahraini cadets from Gulf Aviation Academy (GAA) have left for England, to begin their Ab-Initio (from the beginning) programme, which is part of the process to gain the Airline Transport Pilot's Licence (ATPL).
According to MSI, Turkish Airlines plans to use the trainer at its ab-initio school, starting by autumn of this year.