List of Latin legal terms: Difference between revisions
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|''[[ratio decidendi]]'' |
|''[[ratio decidendi]]'' |
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|Reason for the decision |
|Reason for the decision |
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|The point in a legal proceeding, or the legal precedent so involved, which led to the final decision being what it was. |
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|''[[ratio scripta]]'' |
|''[[ratio scripta]]'' |
Revision as of 01:55, 29 May 2012
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A number of Latin terms are used in legal terminology and legal maxims. This is a partial list of these "legal Latin" terms, which are wholly or substantially drawn from Latin.
A
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
a fortiori | from stronger | An a fortiori argument is an "argument from a stronger reason", meaning that because one fact is true, that a second related and included fact must also be true. |
a posteriori | from later | An argument derived from subsequent event |
a priori | from earlier | An argument derived from previous event |
a quo | previous | Regarding a court of first instance, or the decision/s of a previous court, known as the court a quo. |
ab extra | from outside | Concerning a case, a person may have received some funding from a 3rd party. This funding may have been considered ab extra. |
ab initio | from the beginning | |
actus reus | guilty act | Part of what proves criminal liability (with mens rea) |
ad coelum | to the sky | Abbreviated from Cuius est solum eius est usque ad coelum et ad infernos which translates to "[for] whoever owns [the] soil, [it] is his all the way [up] to Heaven and [down] to Hell." The principle that the owner of a parcel of land also owns the air above and the ground below the parcel. |
ad colligenda bona | to collect the goods | |
ad hoc | for this | Generally signifies a solution designed for a specific problem or task, non-generalizable, and not intended to be able to be adapted to other purposes. |
ad hominem | at the person | Attacking an opponent's character rather than answering his argument. |
ad idem | to the same thing | In agreement. |
ad infinitum | to infinity | To continue forever. |
ad litem | for the case | Describes a party designated to represent another party who is deemed incapable of representing him/herself (e.g. a child or incapacitated adult). |
ad quod damnum | according to the harm | Used in tort law. Implies that the reward or penalty ought to correspond to the damage suffered or inflicted. |
ad valorem | according to value | |
adjournment sine die | adjournment without a day | When an assembly adjourns without setting a date for its next meeting. |
affidavit | he has sworn | A formal statement of fact. |
alter ego | another I | A second identity living within a person. |
a mensa et thoro | from bed and table | Divorce a mensa et thoro indicates legal separation without legal divorce. |
amicus curiae | friend of the court | A person who offers information to a court regarding a case before it. |
animus nocendi | mind of harming | The subjective state of mind of the author of a crime, with reference to the exact knowledge of illegal content of his behaviour, and of its possible consequences. |
ante | before | |
arguendo | for the sake of argument | |
Articulo Mortis | at the point of Death | Often used in probate law, as well as for testimony in the sense of a "dying declaration." |
Audi alteram partem | hear the other side | Refers to the idea that one cannot be fairly judged unless the cases for and against them have been heard. |
B
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
bona fide | in good faith. | Implies sincere good intention regardless of outcome. |
bona vacantia | ownerless goods |
C
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
Cadit quaestio | The question falls | Indicates that a settlement to a dispute or issue has been reached, and the issue is now resolved. |
Casus belli | Case of war | The justification for acts of war. |
Caveat | He may beware of | When used by itself, refers to a qualification, or warning. |
Caveat emptor | Let the buyer beware | In addition to the general warning, also refers to a legal doctrine wherein a buyer could not get relief from a seller for defects present on property which rendered it unfit for use. |
Certiorari | To be more fully informed | A type of writ seeking judicial review. |
Ceteris paribus | With other things the same. | More commonly rendered in English as "All other things being equal." |
cogitationis poenam nemo patitur | Nobody suffers punishment for mere intent | |
compos mentis | Having command of mind | Of sound mind. Also used in the negative "Non compos mentis", meaning "Not of sound mind". |
Condicio sine qua non | A condition without which it could not be | An indispensable and essential action, condition, or ingredient. |
consensus facit legem | Consensus makes the law | Stipulates that when two or more persons arrive at a good faith agreement, the law will insist on that agreement being carried out. |
consuetudo pro lege servatur | Custom is held as law | Where no laws apply to a given situation, the customs of the place and time will have the force of law. |
contra | Against | Used in case citations to indicate that the cited source directly contradicts the point being made. |
contra bonos mores | Against good morals | Contracts so made are generally illegal and unenforceable. |
contra legem | Against the law | Used when a court or tribunal hands down a decision that is contrary to the laws of the governing state. |
Contradictio in adjecto | Contradiction in itself | A contradiction in terms. |
contra proferentem | Against the one bringing forth | Used in contract law to stipulate that an ambiguous term in a contract shall be interpreted against the interests of the party that insisted upon the term's inclusion. Prevents the intentional additions of ambiguous terminology from being exploited by the party who insisted on its inclusion. |
coram non judice | Before one who is not a judge | Refers to a legal proceeding without a judge, or with a judge who does not have proper jurisdiction. |
corpus delicti | Body of the crime | A person cannot be convicted of a crime, unless it can be proven that the crime was even committed. |
corpus juris | Body of law | The complete collection of laws of a particular jurisdiction or court. |
corpus juris civilis | Body of civil law | The complete collection of civil laws of a particular jurisdiction or court. Also sometimes used to refer to the Code of Justinian. |
corpus juris gentium | Body of the law of nations | The complete collection of international law. |
corpus juris secundum | An encyclopedia of US law drawn from US Federal and State court decisions. | |
crimen falsi | Crime of falsifying | Forgery. |
cui bono | As a benefit to whom? | Suggests that the perpetrator(s) of a crime can often be found by investigating those who would have benefited financially from the crime, even if it is not immediately obvious. |
cuius est solum eius est usque ad coelum et ad inferos | For whoever owns the soil, it is theirs up to Heaven and down to Hell | Used in reference to the rights of property owners to the air above, and land below, their property. |
D
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
de bonis asportatis | Carrying goods away | Specifies that larceny was taking place in addition to any other crime named. E.g. "trespass de bonis asportatis". |
debellatio | Warring down | Complete annihilation of a warring party, bringing about the end of the conflict. |
de bonis non administratis | Of goods not administered | Assets of an estate remaining after the death (or removal) of the designated estate administrator. An "administrator de bonis non administratis" will then be appointed to dispose of these goods. |
de die in diem | From day to day | Generally refers to a type of labor in which the worker is paid fully at the completion of each day's work. |
de facto | Concerning fact | Often used to mean something that is true in practice, but has not been officially instituted or endorsed. "For all intents and purposes." |
de futuro | Concerning the future | At a future date. |
de integro | Concerning the whole | Often used to mean "start it all over", in the context of "repeat de integro". |
de jure | Concerning the law | Something that is established in law, whether or not it is true in general practice. C.f. de facto. |
de lege ferenda | Of the future law | Used in the context of "how the law should be", such as for proposed legislation. |
de lege lata | Of the law as it exists | Concerning the law as it exists, without consideration of how things should be. |
delegatus non potest delegare | "No delegated powers can be further delegated." | |
de minimis | About minimal things | Various legal areas concerning small amounts or small degrees. |
de minimis non curat lex | The law does not concern itself with minimal things | There must be a minimal level of substance or impact in order to bring a legal action. |
de mortuis nil nisi bonum | Of the dead, [speak] nothing unless good | Social convention that it is inappropriate to speak ill of the recently deceased, even if they were an enemy. |
de novo | Anew | Often used in the context of "trial de novo"—a new trial ordered when the previous one failed to reach a conclusion. |
defalcation | Cutting off with a sickle | Misappropriation of funds by one entrusted with them. |
dictum | Proverb | A statement given some weight or consideration due to the respect given the person making it. |
doli incapax | Incapable of guilt | Presumption that young children or persons with diminished mental capacity cannot form the intent to commit a crime. |
dolus specialis | Specific intent | Heavily used in the context of genocide in international law. |
dubia in meliorem partem interpretari debent | Doubtful things should be interpreted in the best way | Often spoken as "to give the benefit of the doubt." |
duces tecum | Bring with you | A "subpoena duces tecum" is a summons to produce physical evidence for a trial. |
E
Term/Phrase | Literal Translation | Definition and Use | |
---|---|---|---|
ei incumbit probatio qui dicit | Proof lies on him who asserts, not on him who denies. | The concept that one is innocent until proven guilty. | |
ejusdem generis | Of the same class. | Known as a "canon of construction", it states that when a limited list of specific things also includes a more general class, that the scope of that more general class shall be limited to other items more like the specific items in the list. | |
eo nomine | By that name. | ||
erga omnes | Towards all. | Refers to rights or obligations that are owed towards all. | |
ergo | Therefore | ||
erratum | Having been made in error. | ||
et al. | Among others | Abbreviation of et alii, meaning "among others". | |
et cetera | And other things. | Generally used in the sense of "and so forth". | |
et seq. | And the following ones | Abbreviation of et sequens, meaning "and the following ones". Used in citations to indicate that the cited portion extends to the pages following the cited page. | |
et uxor | And wife. | Usually used instead of naming a man's wife as a party in a case. | |
et vir | And husband. | Usually used instead of naming a woman's husband as a party in a case. | |
ex aequo et bono | Of equity and [the] good. | Usually defined as "what is right and good." Used to describe the power of a judge or arbiter to consider only what is fair and good for the specific case, and not necessarily what the law may require. In courts, usually only done if all parties agree. | |
ex ante | Of before. | Essentially meaning "before the event", usually used when forecasting future events. | |
ex cathedra | From the chair | Where chair refers to authority or position. Authority derived from one's position. | |
ex concessis | From what has been conceded already | Often used in a "guilt by association" context. | |
ex delicto | From a transgression | The consequence of a crime or tort. | |
ex facie | On the face | If a contract is blatantly and obviously incorrect or illegal, it can be considered void ex facie without any further analysis or arguments. | |
ex gratia | By favor | Something done voluntarily and with no expectation a legal liability arising therefrom. | |
ex injuria jus non oritur | Law does not arise from injustice | A principle in international law that unjust acts cannot create laws. | |
ex officio | From the office | Something done or realized by the fact of holding an office or position. | |
ex parte | From [for] one party | A decision reached, or case brought, by or for one party without the other party being present. | |
ex post | From after | Based on knowledge of the past. | |
ex post facto | From a thing done afterward | Commonly said as "after the fact." | |
ex post facto law | A retroactive law. E.g. a law that makes a past act illegal that was not illegal when it was done. | ||
expressio unius est exclusio alterius | The express mention of one thing excludes all others | When items are listed, anything not explicitly stated is assumed to not be included. | |
ex proprio motu | By [one's] own motion | Commonly spoken as "by one's own accord." | |
ex rel | By relation | Abbreviation of ex relatione, meaning "by relation", or commonly "on behalf of". Often used when the government brings a case on behalf of another party. | |
ex turpi causa non oritur actio | From a dishonorable cause an action does not arise | A party cannot bring a legal action for consequences of his own illegal act. | |
exempli gratia | For the sake of example | Usually abbreviated "e.g.". | |
ex tunc | From the outset | Term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. C.f. ex nunc. | |
ex nunc | From now on | Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its adjudication. C.f. ex tunc. | |
extant | Existing | Refers to things that are currently existing at a given point, rather than things that are no longer so. |
F
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
facio ut facias | I do, that you may do | A type of contract wherein one party agrees to do work for the other, in order that the second party can then perform some work for the first in exchange. |
favor contractus | Favor of the contract | A concept in treaty law that prefers the maintaining of a contract over letting it expire for purely procedural reasons. |
felo de se | Felon of himself | A suicide. This archaic term stems from English common law, where suicide was legally a felony, thus a person who committed suicide was treated as a felon for purposes of estate disposal. |
ferae naturae | Animals of nature | Wild animals residing on unowned property do not belong to any party in a dispute on the land. |
fiat | Let it be done | A warrant issued by a judge for some legal proceedings. |
Fiat justitia et pereat mundus | Let there be justice, though the world perish. | Often used as a motto, notably by Ferdinand I, Holy Roman Emperor. |
fiat justitia ruat caelum | Let justice be done though the heavens fall. | Also sometimes a motto, a legal maxim that justice must be done regardless of the result otherwise. |
fieri facias | That you cause to be made | A writ ordering the local law enforcement to ensure that damages awarded by the court are properly recovered. A writ of execution. |
flagrante delicto | Blazing offense | Refers to the actual act of committing a crime. Usually appears as in flagrante delicto, where it means "caught in the act." |
forum non conveniens | Forum not agreeing | A concept wherein a court refuses to hear a particular matter, citing a more appropriate forum for the issue to be decided. |
fumus boni iuris | Smoke of a good right | Refers to having a sufficient legal basis to bring legal action. |
functus officio | Having performed his office | A person, court, statute, or legal document that has no legal authority, because its original legal purpose has been fulfilled. |
G
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
generalia specialibus non derogant | The general does not detract from the specific. | Specifies that a certain matter of law be covered by the most specific laws pertaining, in the event that broader laws conflict with the specific one. |
gravamen | Things weighing down | The basic element or complaint of a lawsuit. |
guardian ad litem | Guardian for the case. | An independent party appointed in family law disputes to represent parties that cannot represent themselves, such as minors, developmentally disabled, or elderly. |
H
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
habeas corpus | May you have the body | A writ used to challenge the legality of detention. Orders the detaining party to "have the (living) body" of the detained brought before the court where the detention will be investigated. |
hostis humani generis | Enemy of humanity in general. | A party considered to be the enemy of all nations, such as maritime pirates. |
I
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
i.e. | That is | Abbreviation of id est, meaning "that is", in the sense of restating something that may not have been clear. |
ibid. | In the same place | Abbreviation of ibidem, meaning "in the same place. Used when citing sources, to indicate the cited source came from the identical location as the preceding one. |
idem | The same | Used in citations to indicate the cited source came from the same source as the preceding one, though not necessarily the same page or location. C.f. ibid. |
ignorantia juris non excusat | Ignorance of the law is no excuse. | A principle that states that not having knowledge of a law is not an excuse for breaking it. |
imprimatur | Let it be printed. | An authorization for a document to be printed. Used in the context of approval by a religious body or other censoring authority. |
in absentia | In absence | A legal proceeding conducted without the presence of one party is said to be conducted in absentia. |
in camera | In the chamber | Conducted in private, or in secret. The opposite of in open court. |
in curia | In court | Conducted in open court. The opposite of in camera. |
in esse | In existence | Actually existing in reality. Opposite of in posse. |
in extenso | In the extended | In extended form, or at full length. Often used to refer to publication of documents, where it means the full unabridged document is published. |
in extremis | In the extreme | In extreme circumstances. Often used to refer to "at the point of death." |
in flagrante delicto | In blazing offense | Caught in the actual act of committing a crime. Often used as a euphemism for a couple caught in the act of sexual intercourse, though it technically refers to being "caught in the act" of any misdeed. |
in forma pauperis | In the manner of a pauper | Someone unable to afford the costs associated with a legal proceeding. As this will not be a barrier to seeking justice, such persons are given in forma pauperis status (usually abbreviated IFP), wherein most costs are waived or substantially reduced. |
in futuro | In the future | Refers to things to come, or things that may occur later but are not so now. |
in haec verba | In these words | Used when including text in a complaint verbatim, where its appearance in that form is germane to the case, or is required to be included. |
in limine | At the threshold | A motion to a judge in a case that is heard and considered outside the presence of the jury. |
in loco parentis | In the place of a parent | Used to refer to a person or entity assuming the normal parental responsibilities for a minor. This can be used in transfers of legal guardianship, or in the case of schools or other institutions that act in the place of the parents on a day-to-day basis. |
in mitius | In the milder | A type of retroactive law that decriminalizes offenses committed in the past. Also known as an amnesty law. |
in omnibus | In all | Used to mean "in every respect." Something applying to every aspect of a situation. |
in pari delicto | In equal offense | Used when both parties to a case are equally at fault. |
in pari materia | In the same matter | Refers to a situation where a law or statute may be ambiguous, and similar laws applying to the matter are used to interpret the vague one. |
in personam | In person | Used in the context of "directed at this particular person", refers to a judgement or subpoena directed at a specific named individual. C.f. in rem. |
in pleno | In full | |
in prope persona | On one's own person | One who represents themselves in court without the [official] assistance of an attorney. |
in propria persona | In one's own proper person | Alternate form of in prope persona. One who represents themselves in court without the [official] assistance of an attorney. |
in re | In the matter [of] | Used in the title of a decision or comment to identify the matter they are related to. |
in rem | About a thing | Used in the context of a case against property, as opposed to a particular person. C.f. in personam. |
in situ | In position | Often used in the context of decisions or rulings about a property or thing "left in place" after the case as it was before. |
in solidum | For the whole | Where a group of persons share liability for a debt, such as co-signers to a loan, the debtor can sue a single party in solidum, that is, to recover the entire amount owed. |
in terrorem | In order to frighten | A warning or threat to sue, made in the hopes of convincing the other party to take action to avoid a lawsuit. |
in terrorem clause | Clause "in order to frighten" | A clause in a will that threatens any party who contests the will with being disinherited. Also called a no-contest clause. |
in toto | In total | |
indicia | Indications | Often used in copyright notices. Refers to distinctive markings that identify a piece of intellectual property. |
infra | Below or Under | |
innuendo | By nodding | A intimation about someone or something, made indirectly or vaguely suggesting the thing being implied. Often used when the implied thing is negative or derogatory. |
inter alia | Among others | Used to indicate an item cited has been pulled from a larger or more complete list. |
inter arma enim silent leges | For among arms, the law falls silent | A concept that during war, many illegal activities occur. Also taken to mean that in times of war, laws are suppressed, ostensibly for the good of the country. |
inter rusticos | Among rustics | Refers to contract, debts, or other agreements made between parties who are not legal professionals. |
inter se | Amongst themselves | Refers to obligations between members of the same group or party, differentiated from the whole party's obligations to another party. |
inter vivos | Between the living | Refers to a gift or other non-sale transfer between living parties. This is in contrast to a will, where the transfer takes effect upon one party's death. |
intra | Within | |
intra fauces terra | Within the jaws of the land | This term refers to a nation's territorial waters. |
intra legem | Within the law | Used in various contexts to refer to the legal foundation for a thing. |
intra vires | Within the powers | Something done which requires legal authority, and the act is performed accordingly. C.f. ultra vires. |
ipse dixit | He himself said it | An assertion given undue weight solely by virtue of the person making the assertion. |
ipsissima verba | The very words | Referring to a document or ruling that is being quoted by another. |
ipso facto | By the fact itself | Used in the context that one event is a direct and immediate consequence of another. "In and of itself." |
iudex non calculat | The judge does not calculate | A principle that calculation errors made by the court do not invalidate the judgement on a technicality. Also taken to mean that the judge does not tally up the arguments of both sides and decide in favor of the more numerous, but rather weighs all of the evidence without regard to the number of arguments made. |
J
J is often rendered as I in Latin, so the below definitions are also seen with I as the first letter.
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
jura novit curia | The court knows the law | Concept that parties to a case to not need to define how the law applies to their case. The court is solely responsible for determining what laws apply. |
jurat | Sworn | Appears at the end of an affidavit, where the party making the affirmation signs the oath, and the information on whom the oath was sworn before is placed. |
juris et de jure | Of law, and from law | Incontrovertible and fundamental presumptions of law. One cannot argue against, or try to otherwise refute these. |
jus | That which is binding | Essentially: Law. |
jus ad bellum | Laws to war | Refers to legalities considered before entering into a war, to ensure it is legal to go to war initially. Not to be confused with ius in bello (q.v.), the "laws of war" concerning how war is carried out. |
jus civile | Civil law | A codified set of laws concerning citizenry, and how the laws apply to them. |
jus cogens | Compelling law | Internationally agreed laws that bear no deviation, and do not require treaties to be in effect. An example is law prohibiting genocide. |
jus commune | Common law | Not actually referring to common law, this term refers to common facets of civil law that underlie all aspects of the law. |
jus gentium | Law of nations | Customary law followed by all nations. Nations being at peace with one another, without having to have an actual peace treaty in force, would be an example of this concept. |
jus in bello | Law of war | Laws governing the conduct of parties in war. |
jus inter gentes | Law between the peoples | Laws governing treaties and international agreements. |
jus naturale | Natural law | Laws common to all people, that the average person would find reasonable, regardless of their nationality. |
jus primae noctis | Law of the first night | Supposed right of the lord of an estate to take the virginity of women in his estate on their wedding night. |
jus sanguinis | Law of blood | Social law concept wherein citizenship of a nation is determined by having one or both parents being citizens. |
jus soli | Law of soil | Social law concept wherein citizenship of a nation is determined by place of birth. |
jus tertii | Law of the third | Arguments made by a third party in disputes over possession, the intent of which is to question one of the principal parties' claims of ownership or rights to ownership. |
L
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
lacunae | Void, gap | A situation arising that is not covered by any law. Generally used in International Law, as all countries codify according to their own systems of law. |
leges humanae nascuntur, vivunt, moriuntur | The laws of man are born, live, and die | Illustrates that laws are made, are in force for a period, and then become obsolete. |
lex communis | Common law. | Alternate form of jus commune. Refers to common facets of civil law that underlie all aspects of the law. |
lex lata | The law borne | The law as it has been enacted |
lex loci | The law of the place | The law of the country, state, or locality where the matter under litigation took place. Usually used in contract law, to determine which laws govern the contract. |
lex posterior derogat priori | Later law removes the earlier | More recent law overrules older ones on the same matter. |
lex retro non agit | The law does not operate retroactively | A law cannot make something illegal that was legal at the time it was performed. See ex post facto law. |
lex scripta | Written law | Law that specifically codifies something, as opposed to common law or customary law. |
lex specialis derogat legi generali | Specific law takes away from the general law | Where several laws apply to the same situation, the more specific one(s) take precedence over more general ones. |
liberum veto | Free veto | An aspect of a unanimous voting system, whereby any member can end discussion on a proposed law. |
lingua franca | The Frankish language | A language common to an area that is spoken by all, even if not their mother tongue. Term derives from the name given to a common language used by traders in the Mediterranean basin dating from the Middle Ages. |
lis alibi pendens | Dispute elsewhere pending | Refers to requesting a legal dispute be heard that is also being heard by another court. To avoid possibly contradictory judgements, this request will not be granted. |
lis pendens | Suit pending | Often used in the context of public announcements of legal proceedings to come. |
locus | Place | |
locus delicti | Place where the offense was committed | Shorthand version of Lex locus delcti commissi. The "scene of the crime". |
locus in quo | The place in which | The location where a cause of action arose. |
locus poenitentiae | Place of repentance | When one party withdraws from a contract before all parties are bound. |
M
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
male fide | Bad faith | A condition of being fraudulent or deceptive in act or belief. |
malum in se | Wrong in itself | Something considered a universal wrong or evil, regardless of the system of laws in effect. |
malum prohibitum | Prohibited wrong | Something wrong or illegal by virtue of it being expressly prohibited, that might not otherwise be so. |
mandamus | We command | A writ issue by a higher court to a lower one, ordering that court or related officials to perform some administrative duty. Often used in the context of legal oversight of government agencies. |
mare clausum | Closed sea | A body of water under the jurisdiction of a state or nation, to which access is not permitted, or is tightly regulated. |
mare liberum | Open sea | A body of water open to all. Typically a synonym for International Waters, or in other legal parlance, the "High Seas". |
mens rea | Guilty mind | One of the requirements for a crime to be committed, the other being actus reus, the guilt act. This essentially is the basis for the notion that those without sufficient mental capability cannot be judged guilty of a crime. |
modus operandi | Manner of operation | A person's particular way of doing things. Used when using behavioral analysis while investigating a crime. Often abbreviated "M.O." |
mos pro lege | Custom for law | That which is the usual custom has the force of law. |
motion in limine | Motion at the start | Motions offered at the start of a trial, often to suppress or pre-allow certain evidence or testimony. |
mutatis mutandis | Having been changed that which needed to be changed | A caution to a reader when using one example to illustrate a related but slightly different situation. The caution is that the reader must adapt the example to change what is needed for it to apply to the new situation. |
N
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
ne exeat | Let him not exit [the republic] | Shortened version of ne exeat repiblica: "let him not exit the republic". A writ to prevent one party to a dispute from leaving (or being taken) from the court's jurisdiction. |
ne bis in idem | not twice in the same | Prohibition against double jeopardy. A legal action cannot be brought twice for the same act or offense. |
nemo auditur propriam turpitudinem allegans | no one can be heard, who invokes his own guilt | Nobody can bring a case that stems from their own illegal act |
nemo dat quod non habet | no one gives what he doesn't have | If someone purchases something that the seller has no right to (such as stolen property), the purchaser will likewise have no legal claim to the thing bought. |
nemo debet esse iudex in propria | no one shall be a judge in his own case | In the past it was thought that it included just two rules namely (1) nemo debet esse judex in propria causa (no one shall be a judge in his own case) |
nemo judex in sua causa | no one shall be a judge in his own case | Prevents conflict of interest in courts. Often invoked when there is really no conflict, but when there is even the appearance of one. |
nemo plus iuris ad alium transferre potest quam ipse habet | no one can transfer a greater right than he himself has | A purchaser of stolen goods will not become the rightful owner thereof, since the seller himself was not the owner to begin with. |
nihil dicit | he says nothing | A judgement rendered in the absence of a plea, or in the event one party refuses to cooperate in the proceedings. |
nisi | unless | A decree that does not enter into force unless some other specified condition is met. |
nisi prius | unless first | Refers to the court of original jurisdiction in a given matter. |
nolle prosequi | unwilling to pursue | A statement from the prosecution that they are voluntarily discontinuing (or will not initiate) prosecution of a matter. |
nolo contendere | I do not wish to contend | A type of plea whereby the defendant neither admits nor denies the charge. |
non adimpleti contractus | not completing the contract | In the case where a contract imposes specific obligations on both parties, one side cannot sue the other for failure to meet their obligations, if the plaintiff has not themselves met their own. |
non compos mentis | not in possession of [one's] mind | not having mental capacity to perform some legal act |
non constat | it is not certain | Refers to information given by one who is not supposed to give testimony, such as an attorney bringing up new information that did not come from a witness. Such information is typically nullified. |
non est factum | It is not [my] deed | A method whereby a signatory to a contract can invalidate it by showing that his signature to the contract was made unintentionally or without full understanding of the implications. |
non faciat malum, ut inde veniat bonum | not to do evil that good may come | Performing some illegal action is not excused by the fact that a positive result came therefrom. Often used to argue that some forms of expression, such as graffiti or pornographic films, cannot be given the protection of law (e.g. copyright) as they are or may be considered illegal or morally reprehensible. |
non liquet | it is not clear | A type of verdict where positive guilt or innocence cannot be determined. Also called "not proven" in legal systems with such verdicts. |
non obstante verdicto | notwithstanding the verdict | A circumstance where the judge may override the jury verdict and reverse or modify the decision. |
novus actus interveniens | a new action coming between | a break in causation (and therefore probably liability) because something else has happened to remove the causal link |
noscitur a sociis | it is known by friends | An ambiguous word or term can be clarified by considering the whole context in which it is used, without having to define the term itself. |
nota bene | note well | A term used to direct the reader to cautionary or qualifying statements for the main text. |
nudum pactum | naked promise | An unenforceable promise, due to the absence of consideration or value exchanged for the promise. |
nulla bona | no goods | Notation made when a defendant has no tangible property available to be seized in order to comply with a judgement. |
nulla poena sine lege | no penalty without a law | One cannot be prosecuted for doing something that is not prohibited by law. |
nullum crimen, nulla poena sine praevia lege poenali | no crime, no punishment without a previous penal law | One cannot be prosecuted for doing something that was not prohibited by law at the time and place it was committed, notwithstanding laws made since that time. A form of prohibition on retroactive laws. |
nunc pro tunc | now for then | An action by a court to correct a previous procedural or clerical error. |
P
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
pacta sunt servanda | agreements must be kept | A fundamental principle of law |
par delictum | equal fault | Used when both parties to a dispute are at fault |
parens patriae | parent of the nation | Refers to the power of the State to act as parent to a child when the legal parents are unable or unwilling. |
pater familias | father of the family | The head of household, for purposes of considering the rights and responsibilities thereof. |
pendente lite | while the litigation is pending | Court orders used to provide relief until the final judgement is rendered. Commonly used in divorce proceedings. |
per capita | by the head | dividing money up strictly and equally according to the number of beneficiaries |
per contra | by that against | Legal shorthand for "in contrast to" |
per curiam | through the court | A decision delivered by a multi-judge panel, such as an appellate court, in which the decision is said to be authored by the court itself, instead of situations where those individual judges supporting the decision are named. |
per incuriam | by their neglect | A judgement given without reference to precedent. |
per minas | through threats | Used as a defense, when illegal acts were performed under duress |
per quod | by which | Used in legal documents in the same sense as "whereby". A per quod statement is typically used to show that specific acts had consequences which form the basis for the legal action. |
per se | by itself | Something that is, as a matter of law. |
periculum in mora | danger in delay | A condition given to support requests for urgent action, such as a protective order or restraining order. |
per stirpes | through the root | receiving a bequest in place of a parent who has, for example, died before the testator |
persona non grata | unwelcome person | A person who is officially considered unwelcome by a host country in which they are residing in a diplomatic capacity. The person is typically expelled to their home country. |
posse comitatus | to have a [armed] companion | A body of armed citizens pressed into service by legal authority, to keep the peace or pursue a fugitive. |
post mortem | after death | Refers to an autopsy, or as a qualification as to when some event occurred. |
post mortem auctoris | after the author's death | Used in reference to intellectual property rights, which usually are based around the author's lifetime. |
praetor peregrinus | magistrate of foreigners | The Roman Praetor (magistrate) responsible for matters involving non-Romans. |
prima facie | first face | A matter that appears to be sufficiently based in the evidence as to be considered true. |
primogeniture | first offspring | The legal custom that the first born is entitled to inherit the entire estate of the parents. |
prius quam exaudias ne iudices | before you hear, do not judge | |
probatio vincit praesumptionem | proof overcomes presumption | |
pro bono | for the public good | Professional work done for free. |
pro bono publico | ||
pro forma | as a matter of form | Things done as formalities. |
pro hac vice | for this turn | Refers to a lawyer who is allowed to participate (only) in a specific case, despite being in a jurisdiction in which he has not been generally admitted |
pro per | Abbreviation of propria persona, meaning "proper person" | Refers to one reperesenting themselves without the services of a lawyer. Also known as pro se representation. |
pro rata | from the rate | A calculation adjusted based on a proportional value relevant to the calculation. An example would be a tenant being charged a portion of a month's rent based on having lived there less than a full month. The amount charged would be proportional to the time occupied. |
pro se | for himself | Refers to one reperesenting themselves without the services of a lawyer. Also known as pro per representation. |
pro tanto | for so much | A partial payment of an award or claim, based on the defendant's ability to pay. |
pro tem | Abbreviation of pro tempore, meaning "for the time being" | Something, such as an office held, that is temporary. |
pro tempore | for the time being | Something, such as an office held, that is temporary. |
propria persona | proper person | Refers to one reperesenting themselves without the services of a lawyer. Also known as pro per representation. |
prout patet per recordum | as appears in the record | Used to cite something that has already been admitted into the record. |
Q
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
qua | which | A shorthand way to say "in the capacity of". |
quareitur | it is sought for | The question is raised. Used to declare that a question is being asked in the following verbiage. |
quaere | query | Used in legal drafts to call attention to some uncertainty or inconsistency in the material being cited. |
quantum | how much | |
quantum meruit | as much as it deserves | partial payment for an incomplete piece of work assessed proportionately |
quasi | as if | Resembling or being similar to something, without actually being that thing. |
qui facit per alium facit per se | who acts through another, acts himself | One who delegates a task to another, takes full responsibility for the performance of that act as if he himself had done it. Basis for the law of agency |
qui tam | Abbreviation of qui tam pro domino rege quam pro se ipso in hac parte sequitur, meaning "who pursues in this action as much for the king as himself". | In a qui tam action, one who assists the prosecution of a case is entitled to a proportion of any fines or penalties assessed. |
quid pro quo | this for that | An equal exchange of goods or services, or of money (or other consideration of equal value) for some goods or services. |
quo ante | as before | Returning to a specific state of affairs which preceded some defined action. |
quo warranto | by what warrant? | A request made to someone exercising some power, to show by what legal right they are exercising that power. |
quoad hoc | as to this | Used to mean "with respect to" some named thing, such as when stating what the law is in regards to that named thing. |
quod est necessarium est licitum | What is necessary is lawful |
R
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
ratio decidendi | Reason for the decision | The point in a legal proceeding, or the legal precedent so involved, which led to the final decision being what it was. |
ratio scripta | written reason | The popular opinion of Roman law, held by those in the Medieval period. |
rebus sic stantibus | things thus standing | A qualification in a treaty or contract, that allows for nullification in the event fundamental circumstances change. |
reddendo singula singulis | referring solely to the last | In a list of items that contains a qualifying phrase at the end, the qualifier refers only to the last item in the list. |
res | thing, matter, issue, affair | |
res gestae | things done | Differing meaning depending on what type of law is involved. May refer to the complete act of a felony, from start to finish, or may refer to statements given that may be exempt from hearsay rules. |
res ipsa loquitur | the thing speaks for itself | used in tort law when there is no proof of what caused the harm, but it is most likely only the thing that coulf have cuased the harm |
res judicata | a matter judged | A matter that has been finally adjudicated, meaning no further appeals or legal actions by the involved parties is now possible. |
res nullius | nobody's thing | Ownerless property or goods. Such property or goods are able and subject to being owned by anybody. |
res publica | public affair | All things subject to concern by the citizenry. The root of the word republic. |
res publica christiana | Christian public affair | All things of concern to the worldwide boy of Christianity |
respondeat superior | let the master answer | A concept that the master (e.g. employer) is responsible for the actions of his subordinates (e.g. employees). |
restitutio in integrum | total reinstatement | Restoration of something, such as a building or damaged property, to its original condition. |
S
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
salus populi est suprema lex | ||
scandalum magnatum | ||
scandalum magnum | ||
scienter | ||
scintilla | ||
scire facias | ||
scire feci | ||
se defendendo | ||
seriatim | ||
sine die | ||
sine qua non | ||
situs | ||
stare decisis | The decision stands. | The obligation of a judge(s) to stand by a prior precedent. |
sua sponte | ||
sub judice | ||
sub modo | ||
sub nomine | ||
sub silentio | ||
subpoena | ||
subpoena ad testificandum | ||
subpoena duces tecum | ||
suggestio falsi | ||
sui generis | of its own kind/genus | Something that is unique amongst a group. |
sui iuris | ||
sui juris | ||
suo moto | ||
supersedeas | ||
suppressio veri | ||
supra |
T
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
terra nullius | ||
trial de novo | ||
trinoda necessitas | ||
tabula rasa |
U
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
uberrima fides | ||
ultra posse nemo obligatur | ||
ultra vires | ||
uno flatu | ||
uti possidetis | ||
uxor |
V
Term/Phrase | Literal Translation | Definition and Use |
---|---|---|
vel non | ||
veto | I forbid. | The power of an executive to prevent an action, especially the enactment of legislation. |
vice versa | the other way around | Something that is the same either way. |
vide | ||
videlicet | ||
vinculum juris | ||
vis major | ||
viz. | ||
volenti non fit injuria | ||
vigilantibus non dormientibus aequitas subvenit |
See also
References
External links
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Look up Appendix:List of legal Latin terms in Wiktionary, the free dictionary.