Latin Terms



Term or phrase

Literal translation

Definition and use

English pronunciation


1

a fortiori

from stronger

An a fortiori argument is an "argument from a stronger reason", meaning that, because one fact is true, a second (related and included) fact must also be true.

/ˌeɪ fɔːrtiˈoʊraɪ, ˌeɪ fɔːrʃiˈoʊraɪ/


2

a mensa et thoro

from table and bed

Divorce a mensa et thoro indicates legal separation without legal divorce.

/ˌeɪ ˈmɛnsə ɛt ˈθoʊroʊ/


3

a posteriori

from later

An argument derived after an event, having the knowledge about the event. Inductive reasoning from observations and experiments.

/ˌeɪ ˌpɒstiːrioʊraɪ/


4

a priori

from earlier

An argument derived before an event, without needing to have the knowledge about the event. Deductive reasoning from general principles.

/ˌeɪ praɪoʊraɪ/


5

a quo

from which

Regarding a court below in an appeal, either a court of first instance or an appellate court, known as the court a quo.

/ˌeɪ ˈkwoʊ/


6

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.

/ˌæb ˈɛkstrə/


7

ab initio

from the beginning

"Commonly used referring to the time a contract, statute, marriage, or deed become legal. e.g. The couple was covered ab initio by her health policy."[1]

/ˌæb ɪˈnɪʃioʊ/


8

absque hoc

without this

"Presenting the negative portion of a plea when pleading at common by way a special traverse."[1]



9

actus reus

guilty act

Part of what proves criminal liability (with mens rea).

/ˌæktəs ˈriːəs/


10

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.

/ˌæd ˈsiːləm/


11

ad colligenda bona

to collect the goods




12

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.

/ˌæd ˈhɒk/


13

ad hominem

at the person

Attacking an opponent's character rather than answering his argument.

/ˌæd ˈhɒmɪnɛm/


14

ad idem

to the same thing

In agreement.

/ˌæd ˈaɪdəm/


15

ad infinitum

to infinity

To continue forever.

/ˌæd ɪnfɪˈnaɪtəm/


16

ad litem

for the case

Describes those designated to represent parties deemed incapable of representing themselves, such as a child or incapacitated adult.

/ˌæd ˈlaɪtɛm/


17

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.



18

ad valorem

according to value


/ˌæd vəˈloʊrɛm/


19

adjournment sine die

adjournment without a day

When an assembly adjourns without setting a date for its next meeting.

/ˌsaɪni ˈdaɪi/


20

affidavit

he has sworn

A formal statement of fact.

/ˌæfɪˈdeɪvɪt/


21

alter ego

another I

A second identity living within a person.



22

amicus curiae

friend of the court

A person who offers information to a court regarding a case before it.

/əˈmaɪkəs ˈkjuːrii/


23

animus contrahendi

contractual intent

Intention to contract.



24

animus nocendi

intention to harm

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.



25

animus possidendi

intention to possess

"In order to claim possessory rights, an individual must establish physical control of the res and the intention to possess (i.e. animus possidendi)"[2]



26

animus revertendi

intention to return

"Wild animals, such as bees and homing pigeons, that by habit go 'home' to their possessor. Used when discussing ferae naturae."[2]



27

ante

before

“An antenuptial agreement is a contract between two people that is executed before marriage.”



28

(in) arguendo

for the sake of argument




29

bona fide

in good faith

Implies sincere good intention regardless of outcome.

/ˈboʊnə ˈfaɪdi/


30

bona vacantia

ownerless goods




31

Cadit quaestio

the question falls

Indicates that a settlement to a dispute or issue has been reached, and the issue is now resolved.



32

Casus belli

case of war

The justification for acts of war.

/ˈkeɪsəs ˈbɛlaɪ/


33

Caveat

May he beware

When used by itself, refers to a qualification, or warning.



34

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.

/ˈkæviæt ˈɛmptɔːr/


35

Certiorari

to be apprised

A type of writ seeking judicial review.

/ˌsɜːrʃiəˈreɪraɪ, ˌsɜːrʃiəˈreɪri/


36

Cessante ratione legis cessat ipsa lex

when the reason for a law ceases, so does the law itself

Herbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself.[3]



37

Ceteris paribus

with other things the same

More commonly rendered in English as "All other things being equal."

/ˌsɛtərɪs ˈpærɪbəs/


38

compos mentis

having command of mind

Of sound mind. Also used in the negative "Non compos mentis", meaning "Not of sound mind".

/ˈkɒmpɒs ˈmɛntɪs/


39

condicio sine qua non

A condition without which it could not be

An indispensable and essential action, condition, or ingredient.



40

consensus ad idem

agreement to the same

Meeting of the minds, mutual assent, or concurrence of wills. Parties must be of one mind and their promises must relate to the same subject or object[4] Also consensus in idem.



41

contra

against

Used in case citations to indicate that the cited source directly contradicts the point being made.



42

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.



43

contradictio in adjecto

contradiction in itself

A contradiction between parts of an argument.



44

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.



45

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.



46

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.

/ˈkɔːrpəs dɪˈlɪktaɪ/


47

corpus juris

body of law

The complete collection of laws of a particular jurisdiction or court.

/ˈkɔːrpəs ˈdʒuːrɪs/


48

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.

/ˈkɔːrpəs ˈdʒuːrɪs sɪˈvaɪlɪs/


49

corpus juris gentium

body of the law of nations

The complete collection of international law.



50

corpus juris secundum


An encyclopedia of US law drawn from US Federal and State court decisions.



51

crimen falsi

crime of falsifying

Forgery.



52

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.



53

curia advisari vult

the court wishes to consider

Signifies the intent of a court to consider the points of law argued during advocacy, prior to judgement.



54

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".



55

debellatio

warring down

Complete annihilation of a warring party, bringing about the end of the conflict.



56

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.



57

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.



58

de facto

in fact

Literally "from fact"; often used to mean something that is true in practice, but has not been officially instituted or endorsed. "For all intents and purposes". Cf. de jure.



59

de futuro

concerning the future

At a future date.



60

de integro

concerning the whole

Often used to mean "start it all over", in the context of "repeat de integro".



61

de jure

according to law

Literally "from law"; something that is established in law, whether or not it is true in general practice. Cf. de facto.



62

de lege ferenda

of the law as it should be

Used in the context of "how the law should be", such as for proposed legislation.



63

de lege lata

of the law as it is

Concerning the law as it exists, without consideration of how things should be.



64

de minimis

about the smallest things

Various legal areas concerning small amounts or small degrees.



65

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.



66

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.



67

deorum injuriae diis curae

The gods take care of injuries to the gods

Blasphemy is a crime against the State, rather than against God.



68

dictum

(thing) said

A statement given some weight or consideration due to the respect given the person making it.



69

doli incapax

incapable of guilt

Presumption that young children or persons with diminished mental capacity cannot form the intent to commit a crime.



70

dolus specialis

Specific deceit

Heavily used in the context of genocide in international law.



71

domitae naturae

tame by nature

Tame or domesticated animal. Also called mansuetae naturae. Opposite of ferae naturae (below)



72

donatio mortis causa

deathbed gift

Gift causa mortis; "The donor, contemplating imminent death, declares words of present gifting and delivers the gift to the donee or someone who clearly takes possession on behalf of the donee. The gift becomes effective at death but remains revocable until that time."[2]



73

dramatis personae

persons of the drama




74

duces tecum

bring with you

A "subpoena duces tecum" is a summons to produce physical evidence for a trial.



75

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.



76

eo nomine

by that name




77

erga omnes

towards all

Refers to rights or obligations that are owed towards all.



78

ergo

therefore




79

erratum

having been made in error




80

et al.

and others

Abbreviation of et alii, meaning "and others".



81

et cetera

and other things

Generally used in the sense of "and so forth".



82

et seq.

and the following things

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.



83

et uxor

and wife

Usually used instead of naming a man's wife as a party in a case.

/ˌɛt ˈʌksɔːr/


84

et vir

and husband

Usually used instead of naming a woman's husband as a party in a case.

/ˌɛt ˈvɜːr/


85

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.



86

ex ante

of before

Essentially meaning "before the event", usually used when forecasting future events.

/ˌɛks ˈænti/


87

ex cathedra

from the chair

Where chair refers to authority or position. Authority derived from one's position.



88

ex concessis

from what has been conceded already

Also known as "argument from commitment", a type of valid ad hominem argument.



89

ex delicto

from a transgression

The consequence of a crime or tort.



90

ex demissione

from a transgression

part of the title of the old action of ejectment

Jones v. Doe ex dem. Smith



91

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.



92

ex fida bona

good business norms




93

ex gratia

by favor

Something done voluntarily and with no expectation of a legal liability arising therefrom.



94

ex officio

from the office

Something done or realized by the fact of holding an office or position.



95

ex parte

from [for] one party

A decision reached, or case brought, by or for one party without the other party being present.



96

ex post

from after

Based on knowledge of the past.



97

ex post facto

from a thing done afterward

Commonly said as "after the fact."



98

ex post facto law


A retroactive law. E.g. a law that makes illegal an act that was not illegal when it was done.



99

ex proprio motu

by [one's] own motion

Commonly spoken as "by one's own accord."



100

ex rel

[arising] out of the narration [of the relator]

Abbreviation of ex relatione. Used when the government brings a case that arises from the information conveyed to it by a third party ("relator").



101

exempli gratia

for the sake of example

Usually abbreviated "e.g.".



102

ex tunc

from then

Term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. Cf. ex nunc.



103

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. Cf. ex tunc.



104

extant

existing

Refers to things that are currently existing at a given point, rather than things that are no longer so.



105

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.



106

factum

deed

1. an assured statement made; 2. completion of a will and all its parts to make it valid and legal; 3). book of facts and law presented in a Canadian court.



107

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.



108

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.



109

ferae naturae

wild animals by nature

Wild animals residing on unowned property do not belong to any party in a dispute on the land. Opposite of domitae naturae (above).



110

fiat

Let it be done.

A warrant issued by a judge for some legal proceedings.



111

fieri facias

May you cause to be done.

A writ ordering the local law enforcement to ensure that damages awarded by the court are properly recovered. A writ of execution.



112

fortis attachiamentum, validior praesumptionem

strong attachment, the stronger presumption

When determining whether a chattel is a fixture: "size doesn't matter, how much or degree chattel is attached to 'land' and to 'what' "



113

forum non conveniens

disagreeable forum

A concept wherein a court refuses to hear a particular matter, citing a more appropriate forum for the issue to be decided.

/ˈfoʊrəm nɒn kənˈviːniɛnz/


114

fumus boni iuris

smoke of a good right

Refers to having a sufficient legal basis to bring legal action.



115

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.



116

gravamen

things weighing down

The basic element or complaint of a lawsuit.

/ɡrəˈveɪmɛn/


117

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.



118

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.

/ˈheɪbiəs ˈkɔːrpəs/


119

hostis humani generis

enemy of the human race

A party considered to be the enemy of all nations, such as maritime pirates.



120

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.



121

in absentia

in absence

A legal proceeding conducted without the presence of one party is said to be conducted in absentia, e.g., trial in absentia or being sentenced in absentia.



122

in articulo mortis

at the moment of death

Often used in probate law, as well as for testimony in the sense of a dying declaration.



123

in camera

in the chamber

Conducted in private, or in secret. The opposite of in open court.



124

in curia

in court

Conducted in open court. The opposite of in camera.



125

in esse

in existence

Actually existing in reality. Opposite of in posse.



126

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.



127

in extremis

in the extreme

In extreme circumstances. Often used to refer to "at the point of death."



128

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.



129

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.

/ɪn ˌfɔːrmə ˈpɔːpərɪs/


130

in futuro

in the future

Refers to things to come, or things that may occur later but are not so now. As in in futuro debts, i.e. debts which become due and payable in the future.

/ɪn fjuːˈtjuːroʊ/


131

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.



132

in limine

at the threshold

A motion to a judge in a case that is heard and considered outside the presence of the jury.



133

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.

/ɪn ˌloʊkoʊ pəˈrɛntɪs/


134

in mitius

in the milder

A type of retroactive law that decriminalizes offenses committed in the past. Also known as an amnesty law.



135

in omnibus

in all

Used to mean "in every respect." Something applying to every aspect of a situation.



136

in pari delicto

in equal offense

Used when both parties to a case are equally at fault.



137

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.



138

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. Cf. in rem.



139

in pleno

in full




140

in prope persona

on one's own person

One who represents themselves in court without the [official] assistance of an attorney.



141

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.



142

in re

in the matter [of]

Used in the title of a decision or comment to identify the matter they are related to; usually used for a case where the proceeding is in rem or quasi in rem and not in personam (e.g. probate or bankrupt estate, guardianship, application for laying out a public highway) and occasionally for an ex parte proceeding (e.g. application for a writ of habeas corpus).

/ɪn ˈriː/


143

in rem

about a thing

Used in the context of a case against property, as opposed to a particular person. See also in rem jurisdiction. Cf. in personam.

/ɪn ˈrɛm/


144

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.

/ɪn ˈsaɪtjuː, ɪn ˈsɪtjuː/


145

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.



146

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.



147

in toto

in total


/ɪn ˈtoʊtoʊ/


148

indicia

indications

Often used in copyright notices. Refers to distinctive markings that identify a piece of intellectual property.



149

infra

below or under




150

iniuria sine damno

injury without financial or property loss

It was stated in Ashby v. White that the law makes a presumption of damage in the absence of actual perceptible damage or financial loss and that the infringement of a right was enough for iniuria sine damno to be actionable.[5]

/ɪnˈjuːriə ˈsaɪni ˈdæmnoʊ/


151

innuendo

by nodding

An intimation about someone or something, made indirectly or vaguely suggesting the thing being implied. Often used when the implied thing is negative or derogatory.



152

inter alia

among others

Used to indicate an item cited has been pulled from a larger or more complete list.

/ˌɪntər ˈeɪliə/


153

inter rusticos

among rustics

Refers to contract, debts, or other agreements made between parties who are not legal professionals.



154

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.



155

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.

/ˌɪntər ˈvaɪvɒs/


156

intra

within




157

intra fauces terrae

within the jaws of the land

This term refers to a nation's territorial waters.



158

intra legem

within the law

Used in various contexts to refer to the legal foundation for a thing.



159

intra vires

within the powers

Something done which requires legal authority, and the act is performed accordingly. Cf. ultra vires.



160

ipse dixit

He himself said it.

An assertion given undue weight solely by virtue of the person making the assertion.

/ˈɪpsi ˈdɪksɪt/


161

ipsissima verba

the very words

Referring to a document or ruling that is being quoted by another.



162

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."

/ˈɪpsoʊ ˈfæktoʊ/


163

ipso jure

the law itself

By operation of law.



164

jurat

(He) swears

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.



165

jus

law, right

Essentially: law.



166

jus accrescendi

right of survivorship

Right of survivorship: In property law, on the death of one joint tenant, that tenant's interest passes automatically to the surviving tenant(s) to hold jointly until the estate is held by a sole tenant. The only way to defeat the right of survivorship is to sever the joint tenancy during the lifetime of the parties, the right of survivorship takes priority over a will or interstate accession rules.[2]



167

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.



168

jus civile

civil law

A codified set of laws concerning citizenry, and how the laws apply to them.



169

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.



170

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.



171

jus in bello

law in war

Laws governing the conduct of parties in war.



172

jus inter gentes

law between the peoples

Laws governing treaties and international agreements.



173

jus naturale

natural law

Laws common to all people, that the average person would find reasonable, regardless of their nationality.



174

jus primae noctis

right 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.



175

jus sanguinis

right of blood

Social law concept wherein citizenship of a nation is determined by having one or both parents being citizens.

/ˈdʒʌs ˈsæŋɡwɪnɪs/


176

jus soli

right of soil

Social law concept wherein citizenship of a nation is determined by place of birth.

/ˈdʒʌs ˈsoʊlaɪ/


177

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.



178

lacunae

void, gap

A situation arising that is not covered by any law, especially when related situations are covered by the law or where the situation appears to fall "between" multiple laws. Generally used in International Law, which is less comprehensive than most domestic legal systems.



179

lex communis

common law

Alternate form of jus commune. Refers to common facets of civil law that underlie all aspects of the law.



180

lex fori


the law of the country in which an action is brought out



181

lex lata

the law borne

The law as it has been enacted.



182

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.

/ˈlɛks ˈloʊkaɪ/


183

lex scripta

written law

Law that specifically codifies something, as opposed to common law or customary law.



184

liberum veto

free veto

An aspect of a unanimous voting system, whereby any member can end discussion on a proposed law.



185

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.



186

lis alibi pendens

lawsuit 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.



187

lis pendens

suit pending

Often used in the context of public announcements of legal proceedings to come. Compare pendente lite (below).



188

locus

place




189

locus delicti

place of the crime

Shorthand version of Lex locus delcti commissi. The "scene of the crime".



190

locus in quo

the place in which

The location where a cause of action arose.



191

locus poenitentiae

place of repentance

When one party withdraws from a contract before all parties are bound.



192

locus standi

place of standing

The right of a party to appear and be heard before a court.

/ˈloʊkəs ˈstændaɪ/


193

mala fide

(in) bad faith

A condition of being fraudulent or deceptive in act or belief.



194

malum in se

wrong in itself

Something considered a universal wrong or evil, regardless of the system of laws in effect.



195

malum prohibitum

prohibited wrong

Something wrong or illegal by virtue of it being expressly prohibited, that might not otherwise be so.



196

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.

/mænˈdeɪməs/


197

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.

/ˈmeɪri ˈklɔːzəm/


198

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".



199

mea culpa

through my fault

An acknowledgement of wrongdoing.

/ˈmeɪ.ə ˈkul.pə/


200

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.

/ˈmɛns ˈriːə/


201

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."

/ˈmoʊdəs ɒpəˈrændaɪ, ˈmoʊdəs ɒpəˈrændi/


202

mortis causa

in contemplation of death

Gift or trust that is made in contemplation of death.



203

mos pro lege

custom for law

That which is the usual custom has the force of law.



204

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.



205

mutatis mutandis

having changed [the things that] 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.



206

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.

/ˈniː ˈɛksiæt/


207

Nemo debet bis vexari (pro una et eadem causa)

"no-one should be tried twice (in respect to the same matter)"

It is a principle of double jeopardy (autrefois acquit) where a person should not be tried twice on the same matter.



208

Nemo iudex in causa sua

"no-one should be a judge in his own case."

It is a principle of natural justice that no person can judge a case in which they have an interest.



209

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.



210

nisi

unless

A decree that does not enter into force unless some other specified condition is met.

/ˈnaɪsaɪ/


211

nisi prius

unless first

Refers to the court of original jurisdiction in a given matter.

/ˈnaɪsaɪ ˈpraɪəs/


212

nolle prosequi

not to prosecute

A statement from the prosecution that they are voluntarily discontinuing (or will not initiate) prosecution of a matter.

/ˈnɒli ˈprɒsɪkwaɪ/


213

nolo contendere

I do not wish to dispute

A type of plea whereby the defendant neither admits nor denies the charge. Commonly interpreted as "No contest."

/ˈnoʊloʊ kɒnˈtɛndɪri/


214

non adimpleti contractus

of a non-completed 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.



215

non compos mentis

not in possession of [one's] mind

Not having mental capacity to perform some legal act



216

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.



217

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.



218

non est inventus

He is not found.

Reported by a sheriff on writ when the defendant cannot be found in his county or jurisdiction.



219

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.



220

non obstante verdicto

notwithstanding the verdict

A circumstance where the judge may override the jury verdict and reverse or modify the decision.



221

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.



222

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.



223

nota bene

note well

A term used to direct the reader to cautionary or qualifying statements for the main text.



224

nudum pactum

naked promise

An unenforceable promise, due to the absence of consideration or value exchanged for the promise.



225

nulla bona

no goods

Notation made when a defendant has no tangible property available to be seized in order to comply with a judgement.



226

nunc pro tunc

now for then

An action by a court to correct a previous procedural or clerical error.



227

obiter dictum

a thing said in passing

In law, an observation by a judge on some point of law not directly relevant to the case before him, and thus neither requiring his decision nor serving as a precedent, but nevertheless of persuasive authority. In general, any comment, remark or observation made in passing.



228

onus probandi


Burden of proof.



229

ore tenus

(evidence) presented orally




230

pace

with peace

Used to say 'contrary to the opinion of.' It is a polite way of marking a speaker's disagreement with someone or some body of thought.

/ˈpɑːtʃeɪ/


231

par delictum

equal fault

Used when both parties to a dispute are at fault.



232

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.



233

pari passu

on equal footing

Equal ranking, equal priority (usually referring to creditors).



234

partus sequitur ventrem

That which is brought forth follows the belly

Legal status of children of slaves



235

pendente lite

while the litigation is pending

Court orders used to provide relief until the final judgement is rendered. Commonly used in divorce proceedings. The adverbial form of lis pendens (above).



236

per capita

by head

Dividing money up strictly and equally according to the number of beneficiaries



237

per contra

by that against

Legal shorthand for "in contrast to".



238

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.

/ˌpɜːr ˈkjuːriæm/


239

per incuriam

by their neglect

A judgement given without reference to precedent.



240

per minas

through threats

Used as a defense, when illegal acts were performed under duress.



241

per proxima amici

by or through the next friend

Employed when an adult brings suit on behalf of a minor, who was unable to maintain an action on his own behalf at common law.



242

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.



243

per se

by itself

Something that is, as a matter of law.



244

per stirpes

by branch

An estate of a decedent is distributed per stirpes, if each branch of the family is to receive an equal share of an estate.



245

periculum in mora

danger in delay

A condition given to support requests for urgent action, such as a protective order or restraining order.



246

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.

/pərˈsoʊnə nɒn ˈɡrɑːtə, pərˈsoʊnə nɒn ˈɡreɪtə/


247

posse comitatus

power of the county

A body of armed citizens pressed into service by legal authority, to keep the peace or pursue a fugitive.

/ˈpɒsi ˌkɒmɪˈteɪtəs/


248

post hoc ergo propter hoc

after this, therefore because of this

A logical fallacy that suggests that an action causes an effect simply because the action occurred before the effect.



249

post mortem

after death

Refers to an autopsy, or as a qualification as to when some event occurred.



250

post mortem auctoris

after the author's death

Used in reference to intellectual property rights, which usually are based around the author's lifetime.



251

postliminium

return from the other

Refers to the return of legal standing and property of a person who returns to the jurisdiction of Rome



252

praetor peregrinus

magistrate of foreigners

The Roman praetor (magistrate) responsible for matters involving non-Romans.



253

prima facie

at first face

A matter that appears to be sufficiently based in the evidence as to be considered true.

/ˈpraɪmə ˈfeɪʃii/


254

pro bono

for good

Professional work done for free.

/ˈproʊ ˈboʊnoʊ/


255

pro bono publico

for the public good


/ˈproʊ ˈboʊnoʊ ˈpʌblɪkoʊ/


256

pro forma

as a matter of form

Things done as formalities.



257

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.



258

pro per

abbreviation of propria persona, meaning "one's own person"

Representing oneself, without counsel. Also known as pro se representation.



259

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.



260

pro se

for himself

Representing oneself, without counsel. Also known as pro per representation.

/ˌproʊ ˈsiː, ˌproʊ ˈseɪ/


261

pro tanto

for so much

A partial payment of an award or claim, based on the defendant's ability to pay.



262

pro tem

abbreviation of pro tempore, meaning "for the time being"

Something, such as an office held, that is temporary.



263

pro tempore

for the time being

Something, such as an office held, that is temporary.



264

propria persona

proper person

Refers to one representing themselves without the services of a lawyer. Also known as pro per representation.



265

qua

which; as

In the capacity of.



266

quaeritur

It is sought.

The question is raised. Used to declare that a question is being asked in the following verbiage.



267

quaere

query

Used in legal drafts to call attention to some uncertainty or inconsistency in the material being cited.



268

quantum

how much




269

quantum meruit

as much as it deserves; as much as she or he has earned[4]

In contract law, a quasi-contractual remedy that permits partial reasonable payment for an incomplete piece of work (services and/or materials), assessed proportionately, where no price is established when the request is made.[4]

In contract law, and in particular the requirement for consideration, if no fixed price is agreed upon for the service and/or materials, then one party would request a reasonable price for the said services and/or materials at the end of the job. A common example would be a plumber requested to fix a leak in the middle of the night.[4]



270

quantum valebant

as much as they were worth

Under Common Law, a remedy to compute reasonable damages when a contract has been breached – the implied promise of payment of a reasonable price for goods.

In contract law, for requirements of consideration, reasonable worth for goods delivered.

Usage: quantum meruit has replaced quantum valebant in consideration;[4] in the case of contract remedy, quantum valebant is being used less, and could be considered obsolete.



271

quasi

as if

Resembling or being similar to something, without actually being that thing.



272

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.



273

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.



274

quo ante

as before

Returning to a specific state of affairs which preceded some defined action.



275

quo warranto

by what warrant

A request made to someone exercising some power, to show by what legal right they are exercising that power. A type of writ.



276

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.



277

R

Rex or Regina

King or Queen. In British cases, will see R v Freeman meaning Regina against Freeman. Changes with King or Queen on throne.



278

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.



279

ratio scripta

written reason

The popular opinion of Roman law, held by those in the Medieval period.



280

rationae soli

by reason of the soil

"Certain rights may arise by virtue of ownership of the soil upon which wild animals are found."[2]



281

rebus sic stantibus

things thus standing

A qualification in a treaty or contract, that allows for nullification in the event fundamental circumstances change.



282

reddendo singula singulis

referring solely to the last

The canon of construction that in a list of items containing a qualifying phrase at the end, the qualifier refers only to the last item in the list.



283

res

thing, matter, issue, affair




284

res communis

common to all

Property constructs like airspace and water rights are said to be res communis – that is, a thing common to all, and that could not be the subject of ownership. With airspace, the difficulty has been to identify where the fee simple holder's rights to the heavens end. Water is a bit more defined – it is common until captured.[2]



285

res derelictae

abandoned goods

Material property abandoned by its owner



286

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.



287

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.

/ˈriːz dʒuːdɪˈkeɪtə, ˈreɪz, dʒuːdɪˈkɑːtə/


288

res nullius

nobody's thing

Ownerless property or goods. Such property or goods are able and subject to being owned by anybody.



289

res publica

public affair

All things subject to concern by the citizenry. The root of the word republic.



290

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).



291

scandalum magnatum

scandal of the magnates

Defamation against a peer in British law. Now repealed as a specific offense.



292

scienter

knowingly

Used when offenses or torts were committed with the full awareness of the one so committing.



293

scire facias

Let them know.

A writ, directing local officials to officially inform a party of official proceedings concerning them.



294

scire feci

I have made known.

The official response of the official serving a writ of scire facias, informing the court that the writ has been properly delivered.



295

secundum formam statuti

According to the form of the statute.




296

se defendendo

self-defense

The act of defending one's own person or property, or the well-being or property of another.



297

seriatim

in series

Describes the process in which the court hears assorted matters in a specific order. Also refers to an occasion where a multiple-judge panel will issue individual opinions from the members, rather than a single ruling from the entire panel.



298

sine die

without day

Used when the court is adjourning without specifying a date to re-convene. See also adjournment sine die.



299

sine qua non

without which, nothing

Refers to some essential event or action, without which there can be no specified consequence.



300

situs

the place

Used to refer to laws specific to the location where specific property exists, or where an offense or tort was committed.



301

stare decisis

to stand by [things] decided

The obligation of a judge to stand by a prior precedent.

/ˈsteɪri dɪˈsaɪsɪs/


302

status quo

status quo ante

statu quo

the state in which

In contract law, in a case of innocent representation, the injured party is entitled to be replaced in statu quo. Note the common usage is status quo from the Latin status quo ante, the "state in which before" or "the state of affairs that existed previously."[4]



303

stratum

a covering, from neuter past participle of sternere, to spread

1) In property law, condominiums has said to occupy stratum many stories about the ground.[2]

2) Stratum can also be a societial level made up of individuals with similar status of social, cultural or economic nature.

3) Stratum can refer to classification in an organized system along the lines of layers, levels, divisions, or similar grouping.



304

sua sponte

of its own accord

Some action taken by the public prosecutor or another official body, without the prompting of a plaintiff or another party. (compare ex proprio motu, ex mero motu which are used for courts).



305

sub judice

under the judge

Refers to a matter currently being considered by the court.



306

sub modo

subject to modification

Term in contract law that allows limited modifications to a contract after the original form has been agreed to by all parties.



307

sub nomine

under the name

Abbreviated sub nom.; used in case citations to indicate that the official name of a case changed during the proceedings, usually after appeal (e.g., rev'd sub nom. and aff'd sub nom.)



308

sub silentio

under silence

A ruling, order, or other court action made without specifically stating the ruling, order, or action. The effect of the ruling or action is implied by related and subsequent actions, but not specifically stated.



309

subpoena

under penalty

A writ compelling testimony, the production of evidence, or some other action, under penalty for failure to do so.



310

subpoena ad testificandum

under penalty to be witnessed

An order compelling an entity to give oral testimony in a legal matter.



311

subpoena duces tecum

bring with you under penalty

An order compelling an entity to produce physical evidence or witness in a legal matter.



312

suggestio falsi

false suggestion

A false statement made in the negotiation of a contract.



313

sui generis

of its own kind/genus

Something that is unique amongst a group.



314

sui juris

of his own right

Refers to one legally competent to manage his own affairs. Also spelled sui iuris.



315

suo motu

of its own motion

Refers to a court or other official agency taking some action on its own accord (synonyms: ex proprio motu, ex mero motu). Similar to sua sponte.



316

supersedeas

refrain from

A bond tendered by an appellant as surety to the court, requesting a delay of payment for awards or damages granted, pending the outcome of the appeal.



317

suppressio veri

suppression of the truth

Willful concealment of the truth when bound to reveal it, such as withholding details of damage from an auto accident from a prospective buyer of the car in that accident.



318

supra

above

Used in citations to refer to a previously cited source.



319

terra nullius

no one's land

Land that has never been part of a sovereign state, or land which a sovereign state has relinquished claim to.



320

trial de novo

trial anew

A completely new trial of a matter previously judged. It specifically refers to a replacement trial for the previous one, and not an appeal of the previous decision.



321

trinoda necessitas

three-knotted need

Refers to a threefold tax levied on Anglo-Saxon citizens to cover roads, buildings, and the military.



322

uberrima fides

most abundant faith

Concept in contract law specifying that all parties must act with the utmost good faith.



323

ubi eadem ratio, ibi idem jus

where there is the same reason there is the same law;[6] like reason doth make like law.[7]

See the judgment of Lord Holt CJ in Ashby v White.



324

ultra vires

beyond the powers

An act that requires legal authority to perform, but which is done without obtaining that authority.



325

universitas personarum

totality of people

Aggregate of people, body corporate, as in a college, corporation, or state



326

universitas rerum

totality of things

Aggregate of things.



327

uno flatu

in one breath

Used to criticize inconsistencies in speech or testimony, as in: one says one thing, and in the same breath, says another contradictory thing.



328

uti possidetis

as you possess

Ancient concept regarding conflicts, wherein all property possessed by the parties at the conclusion of the conflict shall remain owned by those parties unless treaties to the contrary are enacted.



329

uxor

wife

Used in documents in place of the wife's name. Usually abbreviated et ux.



330

vel non

or not

Used when considering whether some event or situation is either present or it is not.



331

veto

forbid

The power of an executive to prevent an action, especially the enactment of legislation.



332

vice versa

the other way around

Something that is the same either way.



333

vide

see

Used in citations to refer the reader to another location.



334

videlicet

contraction of videre licet, meaning "it is permitted to see"

Used in documents to mean "namely" or "that is". Usually abbreviated viz.



335

viz.

abbreviation of videlicet

Namely.




A crime never dies

nullum tempus aut locus occurrit regi

Criminal Trial – “A crime never dies” in light of maxim “nullum tempus aut locus occurrit regi” i.e. time lapse is no bar to take cognizance. (201) PLR 098

Act which is void ab initio can never hold good with the efflux of time.

Quad initio vitionism est non protest tractu temporis convales cere