Common Law - DEF Flashcards
de bonis asportatis
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
debellatio
warring down
Complete annihilation of a warring party, bringing about the end of the conflict.
de bonis non administratis
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
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
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”
de futuro
de futuro
concerning the future
At a future date.
de integro
de integro
concerning the whole
Often used to mean “start it all over”, in the context of “repeat de integro”.
de jure
de jure
according to law
Literally “from law”; something that is established in law, whether or not it is true in general practice
de lege ferenda
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.
de lege lata
de lege lata
of the law as it is
Concerning the law as it exists, without consideration of how things should be.
de minimis
de minimis
about the smallest things
Various legal areas concerning small amounts or small degrees.
de minimis non curat lex
de minimis non curat lex
the law is not concerned with minimal things
The rule that the law will not remedy an injury that is minimal
de mortuis nil nisi bonum
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
de novo
a new
Often used in the context of “trial de novo” – a new trial ordered when the previous one failed to reach a conclusion.
deorum injuriae diis curae
deorum injuriae diis curae
The gods take care of injuries to the gods
Blasphemy is a crime against the State, rather than against God.
dictum
dictum
(thing) said
A statement given some weight or consideration due to the respect given the person making it.
doli incapax
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
dolus specialis
Specific deceit
Heavily used in the context of genocide in international law.
domitae naturae
domitae naturae
tame by nature
Tame or domesticated animal. Also called mansuetae naturae. Opposite of ferae naturae (below)
donatio mortis causa
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.”
dramatis personae
dramatis personae
persons of the drama
duces tecum
duces tecum
bring with you
A “subpoena duces tecum” is a summons to produce physical evidence for a trial.
ejusdem generis
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
eo nomine
by that name
erga omnes
erga omnes
towards all
Refers to rights or obligations that are owed towards all.
ergo
ergo
therefore
erratum
erratum
having been made in error
et al.
et al.
and others
Abbreviation of et alii, meaning “and others”.
et cetera
et cetera
and other things
Generally used in the sense of “and so forth”.
et seq.
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.
et uxor
et uxor
and wife
Usually used instead of naming a man’s wife as a party in a case.
et vir
et vir
and husband
Usually used instead of naming a woman’s husband as a party in a case.
ex aequo et bono
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
ex ante
of before
Essentially meaning “before the event”, usually used when forecasting future events.
ex cathedra
ex cathedra
from the chair
Where chair refers to authority or position. Authority derived from one’s position.
ex concessis
ex concessis
from what has been conceded already
Also known as “argument from commitment”, a type of valid ad hominem argument.
ex delicto
ex delicto
from a transgression
The consequence of a crime or tort.
ex demissione
ex demissione
from a transgression
part of the title of the old action of ejectment
Jones v. Doe ex dem. Smith
ex facie
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 fida bona
ex fida bona good business norms
ex gratia
ex gratia
by favor
Something done voluntarily and with no expectation of a legal liability arising therefrom.
ex officio
ex officio
from the office
Something done or realized by the fact of holding an office or position.
ex parte
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
ex post
from after
Based on knowledge of the past.
ex post facto
ex post facto
from a thing done afterward
Commonly said as “after the fact.”
