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In Toto

/ɪn ˈtoʊ.toʊ/

Literal meaning:In total; entirely; wholly

Quick Answer

What does the Latin term "In Toto" mean in law?

In toto means completely, entirely, or as a whole. Courts use the phrase to indicate that something is accepted, rejected, adopted, or applied in its entirety rather than in part. When a court adopts a lower court's findings in toto, it accepts them without modification. When a contract is rescinded in toto, the entire agreement is unwound, not merely certain provisions. The term is also used in statutory interpretation when a court must determine whether a legislative provision can be severed or whether the entire statute must be struck down in toto. The phrase provides precision in legal writing by making clear that a conclusion or action applies comprehensively.

Source: General · Legal Latin

Legal Definition

In toto means completely, entirely, or as a whole. Courts use the phrase to indicate that something is accepted, rejected, adopted, or applied in its entirety rather than in part. When a court adopts a lower court's findings in toto, it accepts them without modification. When a contract is rescinded in toto, the entire agreement is unwound, not merely certain provisions. The term is also used in statutory interpretation when a court must determine whether a legislative provision can be severed or whether the entire statute must be struck down in toto. The phrase provides precision in legal writing by making clear that a conclusion or action applies comprehensively.

How It's Used

Judges and attorneys use in toto to clarify that a ruling, adoption, or rejection applies to the entirety of the matter in question rather than to selected portions. It commonly appears in orders adopting magistrate judges' reports and in discussions of severability.

Example Sentences

The appellate court adopted the trial court's findings of fact and conclusions of law in toto.

Because the unconstitutional provision was not severable, the court struck down the statute in toto.

The jury rejected the defendant's affirmative defenses in toto and found liability on all counts.

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