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Legal Latin - BengHum > Frequently Used > Flashcards

Frequently Used Flashcards

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1
Q

ab initio

A

ab initio

From the beginning

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2
Q

actus reus

A

actus reus

A guilty act

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3
Q

ad arbitrium

A

ad arbitrium

At will

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4
Q

ad hoc

A

ad hoc

For this purpose, for a special purpose or occasion. Used to describe a body, committee or argument, often with the disparaging implication of hasty improvisation

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5
Q

ad idem

A

ad idem

To the same result or purpose. There must be consensus ad idem in a valid contract

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6
Q

ad infinitum

A

ad infinitum

To infinity; forever

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7
Q

ad valorem

A

ad valorem

According to the value

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8
Q

amicus curiae

A

amicus curiae

A friend of the court

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9
Q

ante

A

ante Before

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10
Q

bona fides

A

bona fides

Good faith; honest intention; absence of intent to defraud; absence of deliberate wrongdoing

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11
Q

caveat

A

caveat

Let the person beware

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12
Q

caveat emptor

A

caveat emptor

Let the buyer beware

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13
Q

compos mentis

A

compos mentis

Of sound mind. Competence to conduct legal transactions

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14
Q

consensus ad idem

A

consensus ad idem

Agreement to the same thing

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15
Q

consensus facit legem

A

consensus facit legem

Agreement makes law. The rule that parties to a contract are legally bound to perform the obligations they have undertaken or consented to perform

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16
Q

contra

A

contra

Against; of an opposite opinion

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17
Q

coram

A

coram

In the presence of; before

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18
Q

coram judice

A

coram judice

Before a judge

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19
Q

corpus juris

A

corpus juris

A complete body or code of law

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20
Q

de facto

A

de facto

In fact. A phrase describing a situation that is accepted for all practical purposes but is not strictly legal or correct. The term is most commonly used in family law to describe a relationship that bears the hallmarks of a
marriage however does not meet the statutory requirement of marriage

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21
Q

de jure

A

de jure

According to law; by right. Contrast with de facto

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22
Q

de novo

A

de novo

Anew. A matter heard de novo is heard over again from the beginning

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23
Q

dictum

A

dictum

Something said. See obiter dictum

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24
Q

duces tecum

A

duces tecum

See subpoena duces tecum
A writ commanding a person to attend court to give evidence or to produce documents within that person’s possession. Subpoena duces tecum is a
subpoena to produce documents

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25
Q

ejusdem generis

A

ejusdem generis

Of the same sort, kind, or nature

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26
Q

et cetera

A

et cetera

And the rest

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27
Q

et seq (et sequentes)

A

et seq (et sequentes)

And those following; as follows

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28
Q

ex ante

A

ex ante

From before. A reference to the anticipated or intended, in contrast with the actual or ex post result

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29
Q

ex delicto

A

ex delicto

As a result of a tort; arising out of a tort or civil wrong

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30
Q

ex gratia

A

ex gratia

Out of grace. A payment made as a favour not being ex debito justitiae (as a debt of justice)

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31
Q

ex officio

A

ex officio

By virtue of one’s office; arising by reason of one’s position

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32
Q

ex parte

A

ex parte

From one side. In the absence of the other side

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33
Q

ex post facto

A

ex post facto

From a subsequent event; retrospective, especially a law which changes the legal status of an act committed before the law’s enactment

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34
Q

exempli gratia

A

exempli gratia

For example; for instance (e.g.)

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35
Q

factum probandum

A

factum probandum

The ultimate fact in issue. The key issue of the matter in hand

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36
Q

forum conveniens

A

forum conveniens

Appropriate jurisdiction. A court of justice where a legal remedy may be sought, such court being the most convenient location where the matter at hand may be tried and examined. A court may decline to assume jurisdiction over a particular matter as forum non conveniens but in common
law jurisdictions the courts usually do not concede to such a relinquishment

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37
Q

forum non conveniens

A

forum non conveniens

An inappropriate court or tribunal

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38
Q

functus officio

A

functus officio

Having discharged one’s duty; having completed one’s term of office

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39
Q

habeas corpus

A

habeas corpus

That you have the body

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40
Q

idem

A

idem

The same

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41
Q

ignorantia juris non excusat

A

ignorantia juris non excusat

Ignorance of the law does not excuse. Lack of knowledge of the law will generally not provide an excuse for any person charged with a criminal offence

42
Q

in absentia

A

in absentia

Not present (e.g. a judgement given in absentia of the defendant)

43
Q

in camera

A

in camera

In private

44
Q

in curia

A

in curia

Within or of the court

45
Q

in flagrante delicto

A

in flagrante delicto

In brazen wrongdoing; in the act of wrongdoing

46
Q

in futuro

A

in futuro

In the future

47
Q

in lieu

A

in lieu

Instead of; in place of. For instance, in court proceedings, an undertaking may be given by a party in lieu of an injunction

48
Q

in loco parentis

A

in loco parentis

In the place of a parent

49
Q

in pari materia

A

in pari materia

In the same subject matter

50
Q

in personam

A

in personam

An action or right of action against a specific person. The right of a beneficiary is a right in personam against the trustee

51
Q

in pleno

A

in pleno

In full

52
Q

in re

A

in re

In the matter of; concerning. As a legal expression in the case of'. Formerly used in the sense of in fact’ or `in reality’

53
Q

in situ

A

in situ

In (the) place (used in its literal translation in law) e.g. property in situ

54
Q

in toto

A

in toto

As a whole; completely; without exception; total; in all

55
Q

infra

A

infra

Below

56
Q

inter alia

A

inter alia

Among other things. Sometimes misused with reference to persons

57
Q

inter se

A

inter se

Among themselves; between themselves

58
Q

intra vires

A

intra vires

Within the power. An intra vires act or decision is within the legal power or authority of a person, institution, or legislation, and therefore valid. The opposite of ultra vires

59
Q

ipso facto

A

ipso facto

By the fact itself. A proceeding which is ipso facto void is void for all purposes ab initio

60
Q

mandamus

A

mandamus

We command. An order issued by a court to compel a public official to perform a public duty or to exercise a statutory discretionary power

61
Q

mens rea

A

mens rea

A guilty mind. The state of mind required to constitute a particular crime; the mental element of an offence

62
Q

modus operandi

A

modus operandi

The way in which a thing or person works; hence a characteristic method of operation which may lead to the identification of a criminal

63
Q

mutatis mutandis

A

mutatis mutandis

When the appropriate changes have been made. Used when applying a principle or rule which needs modification to fit a new set of facts. For example, `the reasoning given in the counter-claim applies mutatus
mutandis to the defence’

64
Q

nexus

A

nexus

A link or connection, especially a causal connection or relation of interdependence

65
Q

non compos mentis

A

non compos mentis

Not of sound mind. Incompetent to transact legal business

66
Q

non est factum

A

non est factum

It is not my deed. A plea by a person who seeks to disown a deed or other document which it is alleged he or she sealed or signed, that the mind of the
signer did not accompany the signature

67
Q

non sequitur

A

non sequitur

It does not follow. An illogical conclusion

68
Q

nota bene

A

nota bene

Note well. Take careful note

69
Q

obiter dictum

A

obiter dictum

A remark in passing. Judicial observations that do not form part of the reasoning of a case

70
Q

onus probandi

A

onus probandi

The burden of proving. The duty of a person who makes a charge or allegation to prove it

71
Q

per contra

A

per contra

On the other hand; on the other side of the argument

72
Q

per quod

A

per quod

By which means; in consequence of which

73
Q

per se

A

per se

By itself. Taken alone; essentially; without reference to anything else

74
Q

persona non grata

A

persona non grata

An unacceptable person

75
Q

prima facie

A

prima facie

At first sight; on the face of it

76
Q

pro confesso

A

pro confesso

According to that which has been admitted

77
Q

pro rata

A

pro rata

In proportion. A statutory formula is often applied to assess the pro rata rate of pay for casual or part-time employees

78
Q

pro tanto

A

pro tanto

So much; to such an extent

79
Q

pro tempore

A

pro tempore

For the time being; temporarily

80
Q

quaere

A

quaere

Inquire. Introducing a question or forming a memorandum that investigation is called for

81
Q

quantum

A

quantum

As much. Used in relation to the apportionment of such things as damages or an estate to indicate the share due to a certain party

82
Q

quantum meruit

A

quantum meruit

The amount deserved. So much money as the plaintiff reasonably deserves to have

83
Q

quasi

A

quasi

As if; apparently but not really; a kind of

84
Q

querist

A

querist

The person making the inquiry. Commonly used by barristers in advice work to identify their lay client or protagonist in litigation

85
Q

quid pro quo

A

quid pro quo

One thing in exchange for another; something in exchange; a fair equivalent

86
Q

ratio decidendi

A

ratio decidendi

The grounds for the decision

87
Q

res ipsa loqitor

A

res ipsa loqitor

The thing speaks for itself

88
Q

res judicata

A

res judicata

A judicially decided matter

89
Q

respondeat superior

A

respondeat superior

Let the principal answer. A maxim providing that where a relationship of employer and employee exists, an employer is responsible and liable in certain cases for the wrongful acts or omissions of his or her employee
although the employer is without fault or blame

90
Q

scienter

A

scienter

Knowingly. A term used to signify an allegation in a pleading or declaration that the defendant knowingly did, or permitted to be done, an act from which
damage arose

91
Q

se defendo

A

se defendo

In defending oneself

92
Q

seriatim

A

seriatim

One by one; in succession; one after the other

93
Q

sine die

A

sine die

Postponed indefinitely, without any day being fixed for resumption or re- assembly. Used for court adjournments

94
Q

sine qua non

A

sine qua non

Without which it cannot be

95
Q

situs

A

situs

Location. The site, station, or situation of an act or thing

96
Q

stare decisis

A

stare decisis

The decision stands. The doctrine under which a court is bound to follow previous decisions, unless they are inconsistent with a higher court’s
decision or wrong in law

97
Q

sub judice

A

sub judice

Before a judge. Still being considered by a court of law; not yet decided; unsettled and not to be canvassed publicly because of the risk of being in contempt of court

98
Q

subpoena

A

subpoena

A writ commanding a person to attend court to give evidence or to produce documents within that person’s possession. Subpoena duces tecum is a
subpoena to produce documents

99
Q

supra

A

supra

Above

100
Q

ultra vires

A

ultra vires

Beyond the power. An ultra vires act is beyond the legal power or authority of a person, institution, or legislation, and therefore invalid. The opposite of ultra vires is intra vires

101
Q

vice versa

A

vice versa

Conversely; the relationship of being transposed

102
Q

volenti non fit injuria

A

volenti non fit injuria

There can be no injury to a willing person

Legal Latin - BengHum (3 decks)

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