Court Reporter Practice Exam

What is the meaning of "de bene esse" in legal terms?

1. For clarification of witness statements

2. For the good of the record

3. For the speed of adjudication

4. For preliminary evidence collection

The correct answer is: For the good of the record

The term "de bene esse" translates from Latin to mean "for the good of the case" or "for the sake of the case." In legal contexts, it refers to the provisional admission of evidence or testimony that is deemed acceptable for the time being, but may be subject to later challenge or further proceedings. By admitting evidence de bene esse, a court acknowledges its temporary validity, allowing it to be included in the current proceedings even though its final admissibility may be uncertain. This concept is particularly important in situations where it’s necessary to present certain evidence or witness testimony that may not entirely meet all admissibility standards at that moment but is nonetheless relevant and important to ensure a fair trial or to advance the case. While it aims to preserve the integrity of the record for future reference, it is primarily concerned with the status of the evidence as it relates to the ongoing legal process. Other options, while they may seem relevant, do not capture the specific legal meaning conveyed by "de bene esse." The idea of clarification of witness statements, speed of adjudication, or preliminary evidence collection does not align with the focus of maintaining evidence provisionally for the sake of the case, which is what "de bene esse" directly addresses.