Common Law - ABC

Question 1

a fortiori

Answer 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.

Question 2

a mensa et thoro

Answer 2

a mensa et thoro

from table and bed

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

Question 3

a posteriori

Answer 3

a posteriori

from later

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

Question 4

a priori

Answer 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.

Question 5

a quo

Answer 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.

Question 6

ab extra

Answer 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.

Question 7

ab initio

Answer 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

Question 8

absque hoc

Answer 8

absque hoc

without this

“Presenting the negative portion of a plea when pleading at common by way a special traverse.

Question 9

actus reus

Answer 9

actus reus

guilty act

Part of what proves criminal liability (with mens rea)

Question 10

ad coelum

Answer 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.

Question 11

ad colligenda bona

Answer 11

ad colligenda bona

to collect the goods

Question 12

ad hoc

Answer 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.

Question 13

ad hominem

Answer 13

ad hominem

at the person

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

Question 14

ad idem

Answer 14

ad idem

to the same thing

In agreement.

Question 15

ad infinitum

Answer 15

ad infinitum

to infinity

To continue forever.

Question 16

ad litem

Answer 16

ad litem

for the case

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

Question 17

ad quod damnum

Answer 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.

Question 18

ad valorem

Answer 18

ad valorem

according to value

Question 19

adjournment sine die

Answer 19

adjournment sine die

adjournment without a day

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

Question 20

affidavit

Answer 20

affidavit

he has sworn

A formal statement of fact.

Question 21

allocatur

Answer 21

allocatur

it is allowed

Generally, a statement from a court that a writ is allowed (i.e. granted); most commonly, a grant of leave to appeal by the Supreme Court of Pennsylvania, in reference to which the word is used equivalently to certiorari (q.v.) elsewhere.

Question 22

alter ego

Answer 22

alter ego

another I

A second identity living within a person.

Question 23

amicus curiae

Answer 23

amicus curiae

friend of the court

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

Question 24

animus contrahendi

Answer 24

animus contrahendi

contractual intent

Intention to contract.

Question 25

animus manendi

Answer 25

animus manendi

intention to remain

The subjective intent to remain indefinitely in a place so as to establish it as one’s permanent residence.[2] Along with actual residence, this is used to establish domicile.[3] Also called animus remanendi. See diversity of citizenship.

Question 26

animus nocendi

Answer 26

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.

Question 27

animus possidendi

Answer 27

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)

Question 28

animus revertendi

Answer 28

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.”

Question 29

animus testandi

Answer 29

animus testandi

testamentary intent

The intention, when writing a document, that the document should serve as a last will and testament

Question 30

ante

Answer 30

ante

before

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

Question 31

(in) arguendo

Answer 31

(in) arguendo

for the sake of argument

Question 32

bona fide

Answer 32

bona fide

in good faith

Implies sincere good intention regardless of outcome.

Question 33

bona vacantia

Answer 33

bona vacantia

ownerless goods

Question 34

Cadit quaestio

Answer 34

Cadit quaestio

the question falls

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

Question 35

Casus belli

Answer 35

Casus belli

case of war

The justification for acts of war.

Question 36

Caveat

Answer 36

Caveat

May he beware

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

Question 37

Caveat emptor

Answer 37

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.

Question 38

Certiorari

Answer 38

Certiorari

to be apprised

A type of writ seeking judicial review.

Question 39

Cessante ratione legis cessat ipsa lex

Answer 39

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.

Question 40

Ceteris paribus

Answer 40

Ceteris paribus

with other things the same

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

Question 41

compos mentis

Answer 41

compos mentis

having command of mind

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

Question 42

condicio sine qua non

Answer 42

condicio sine qua non

A condition without which it could not be

An indispensable and essential action, condition, or ingredient.

Question 43

consensus ad idem

Answer 43

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[7] Also consensus in idem.

Question 44

contra

Answer 44

contra

against

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

Question 45

contra legem

Answer 45

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.

Question 46

contradictio in adjecto

Answer 46

contradictio in adjecto

contradiction in itself

A contradiction between parts of an argument.

Question 47

contra proferentem

Answer 47

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.

Question 48

coram non judice

Answer 48

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.

Question 49

corpus delicti

Answer 49

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.

Question 50

corpus juris

Answer 50

corpus juris

body of law

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

Question 51

corpus juris civilis

Answer 51

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.

Question 52

corpus juris gentium

Answer 52

corpus juris gentium

body of the law of nations

The complete collection of international law.

Question 53

corpus juris secundum

Answer 53

corpus juris secundum

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

Question 54

crimen falsi

Answer 54

crimen falsi

crime of falsifying

Forgery

Question 55

cui bono

Answer 55

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.

Question 56

curia advisari vult

Answer 56

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.