Also known as: pro forma · in name only
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase denoting an act or transaction completed according to a prescribed form solely to mask its true objective. The device appears in Roman law when parties structure a transaction outwardly to satisfy formal requirements while pursuing a different underlying purpose.
Select any source to read its text and confirm it supports the definition.
The Senate schedules brief pro forma sessions every three days during a month-long period and never declares a recess. The President appoints an acting agency director during that time. A court later holds the appointment invalid because the sessions were maintained dicis causa to keep the Senate formally in session.
A city closes its public pools after a desegregation order. Officials claim the closures rest on neutral fiscal grounds. Evidence shows the decision was taken dicis causa to avoid integrating the facilities while preserving the appearance of even-handed administration.
A state statute imposes life without parole on juveniles convicted of homicide. Legislators assert the measure serves uniform deterrence. The structure operates dicis causa to impose adult penalties on minors while maintaining the formal appearance of a generally applicable criminal law.
Authorities place a paid informant in the same cell as a represented defendant. The informant is instructed only to listen. The arrangement functions dicis causa to elicit statements while preserving the outward form of a passive cellmate relationship.
A school district permits religious instruction on public-school premises during school hours. Officials label the program voluntary and off-budget. The arrangement proceeds dicis causa to deliver sectarian teaching while maintaining the formal appearance of neutral accommodation of private groups.
Investors sue a corporation for securities fraud after a corrective disclosure. The lead plaintiff invokes the fraud-on-the-market presumption. The presumption operates dicis causa to satisfy the reliance element while the underlying facts show many class members never read the misstatements.
The phrase requires proof that a transaction or act was structured according to a prescribed outward form while its actual purpose was different. Courts examine whether the formal steps were taken solely to satisfy appearance requirements rather than to achieve the stated objective.
Supporting sources
…advantage in the propagation of their faiths over other Protestant sects; (2) the religious education program was voluntary in name only because in fact subtle pressures were brought to bear on the students to force them to participate in it; and (3) the power given the school superintendent to reject teachers selected by…