Common Law - DEF Flashcards

1
Q

de bonis asportatis

A

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”.

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2
Q

debellatio

A

debellatio

warring down

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

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3
Q

de bonis non administratis

A

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.

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4
Q

de die in diem

A

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.

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5
Q

de facto

A

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”

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6
Q

de futuro

A

de futuro

concerning the future

At a future date.

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7
Q

de integro

A

de integro

concerning the whole

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

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8
Q

de jure

A

de jure

according to law

Literally “from law”; something that is established in law, whether or not it is true in general practice

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9
Q

de lege ferenda

A

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.

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10
Q

de lege lata

A

de lege lata

of the law as it is

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

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11
Q

de minimis

A

de minimis

about the smallest things

Various legal areas concerning small amounts or small degrees.

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12
Q

de minimis non curat lex

A

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

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13
Q

de mortuis nil nisi bonum

A

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.

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14
Q

de novo

A

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.

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15
Q

deorum injuriae diis curae

A

deorum injuriae diis curae

The gods take care of injuries to the gods

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

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16
Q

dictum

A

dictum

(thing) said

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

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17
Q

doli incapax

A

doli incapax

incapable of guilt

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

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18
Q

dolus specialis

A

dolus specialis

Specific deceit

Heavily used in the context of genocide in international law.

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19
Q

domitae naturae

A

domitae naturae

tame by nature

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

20
Q

donatio mortis causa

A

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.”

21
Q

dramatis personae

A

dramatis personae

persons of the drama

22
Q

duces tecum

A

duces tecum

bring with you

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

23
Q

ejusdem generis

A

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.

24
Q

eo nomine

A

eo nomine

by that name

25
Q

erga omnes

A

erga omnes

towards all

Refers to rights or obligations that are owed towards all.

26
Q

ergo

A

ergo

therefore

27
Q

erratum

A

erratum

having been made in error

28
Q

et al.

A

et al.

and others

Abbreviation of et alii, meaning “and others”.

29
Q

et cetera

A

et cetera

and other things

Generally used in the sense of “and so forth”.

30
Q

et seq.

A

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.

31
Q

et uxor

A

et uxor

and wife

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

32
Q

et vir

A

et vir

and husband

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

33
Q

ex aequo et bono

A

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.

34
Q

ex ante

A

ex ante

of before

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

35
Q

ex cathedra

A

ex cathedra

from the chair

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

36
Q

ex concessis

A

ex concessis

from what has been conceded already

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

37
Q

ex delicto

A

ex delicto

from a transgression

The consequence of a crime or tort.

38
Q

ex demissione

A

ex demissione

from a transgression

part of the title of the old action of ejectment
Jones v. Doe ex dem. Smith

39
Q

ex facie

A

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.

40
Q

ex fida bona

A

ex fida bona good business norms

41
Q

ex gratia

A

ex gratia

by favor

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

42
Q

ex officio

A

ex officio

from the office

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

43
Q

ex parte

A

ex parte

from [for] one party

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

44
Q

ex post

A

ex post

from after

Based on knowledge of the past.

45
Q

ex post facto

A

ex post facto

from a thing done afterward

Commonly said as “after the fact.”