Frequently Used Flashcards
1
Q
ab initio
A
ab initio
From the beginning
2
Q
actus reus
A
actus reus
A guilty act
3
Q
ad arbitrium
A
ad arbitrium
At will
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
5
Q
ad idem
A
ad idem
To the same result or purpose. There must be consensus ad idem in a valid contract
6
Q
ad infinitum
A
ad infinitum
To infinity; forever
7
Q
ad valorem
A
ad valorem
According to the value
8
Q
amicus curiae
A
amicus curiae
A friend of the court
9
Q
ante
A
ante Before
10
Q
bona fides
A
bona fides
Good faith; honest intention; absence of intent to defraud; absence of deliberate wrongdoing
11
Q
caveat
A
caveat
Let the person beware
12
Q
caveat emptor
A
caveat emptor
Let the buyer beware
13
Q
compos mentis
A
compos mentis
Of sound mind. Competence to conduct legal transactions
14
Q
consensus ad idem
A
consensus ad idem
Agreement to the same thing
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
16
Q
contra
A
contra
Against; of an opposite opinion
17
Q
coram
A
coram
In the presence of; before
18
Q
coram judice
A
coram judice
Before a judge
19
Q
corpus juris
A
corpus juris
A complete body or code of law
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
21
Q
de jure
A
de jure
According to law; by right. Contrast with de facto
22
Q
de novo
A
de novo
Anew. A matter heard de novo is heard over again from the beginning
23
Q
dictum
A
dictum
Something said. See obiter dictum
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
25
ejusdem generis
ejusdem generis
Of the same sort, kind, or nature
26
et cetera
et cetera
And the rest
27
et seq (et sequentes)
et seq (et sequentes)
And those following; as follows
28
ex ante
ex ante
From before. A reference to the anticipated or intended, in contrast with the actual or ex post result
29
ex delicto
ex delicto
As a result of a tort; arising out of a tort or civil wrong
30
ex gratia
ex gratia
Out of grace. A payment made as a favour not being ex debito justitiae (as a debt of justice)
31
ex officio
ex officio
By virtue of one's office; arising by reason of one's position
32
ex parte
ex parte
From one side. In the absence of the other side
33
ex post facto
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
34
exempli gratia
exempli gratia
For example; for instance (e.g.)
35
factum probandum
factum probandum
The ultimate fact in issue. The key issue of the matter in hand
36
forum conveniens
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
37
forum non conveniens
forum non conveniens
An inappropriate court or tribunal
38
functus officio
functus officio
Having discharged one's duty; having completed one's term of office
39
habeas corpus
habeas corpus
That you have the body
40
idem
idem
The same
41
ignorantia juris non excusat
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
in absentia
in absentia
Not present (e.g. a judgement given in absentia of the defendant)
43
in camera
in camera
In private
44
in curia
in curia
Within or of the court
45
in flagrante delicto
in flagrante delicto
In brazen wrongdoing; in the act of wrongdoing
46
in futuro
in futuro
In the future
47
in lieu
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
in loco parentis
in loco parentis
In the place of a parent
49
in pari materia
in pari materia
In the same subject matter
50
in personam
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
in pleno
in pleno
In full
52
in re
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
in situ
in situ
In (the) place (used in its literal translation in law) e.g. property in situ
54
in toto
in toto
As a whole; completely; without exception; total; in all
55
infra
infra
Below
56
inter alia
inter alia
Among other things. Sometimes misused with reference to persons
57
inter se
inter se
Among themselves; between themselves
58
intra vires
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
ipso facto
ipso facto
By the fact itself. A proceeding which is ipso facto void is void for all purposes ab initio
60
mandamus
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
mens rea
mens rea
A guilty mind. The state of mind required to constitute a particular crime; the mental element of an offence
62
modus operandi
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
mutatis mutandis
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
nexus
nexus
A link or connection, especially a causal connection or relation of interdependence
65
non compos mentis
non compos mentis
Not of sound mind. Incompetent to transact legal business
66
non est factum
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
non sequitur
non sequitur
It does not follow. An illogical conclusion
68
nota bene
nota bene
Note well. Take careful note
69
obiter dictum
obiter dictum
A remark in passing. Judicial observations that do not form part of the reasoning of a case
70
onus probandi
onus probandi
The burden of proving. The duty of a person who makes a charge or allegation to prove it
71
per contra
per contra
On the other hand; on the other side of the argument
72
per quod
per quod
By which means; in consequence of which
73
per se
per se
By itself. Taken alone; essentially; without reference to anything else
74
persona non grata
persona non grata
An unacceptable person
75
prima facie
prima facie
At first sight; on the face of it
76
pro confesso
pro confesso
According to that which has been admitted
77
pro rata
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
pro tanto
pro tanto
So much; to such an extent
79
pro tempore
pro tempore
For the time being; temporarily
80
quaere
quaere
Inquire. Introducing a question or forming a memorandum that investigation is called for
81
quantum
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
quantum meruit
quantum meruit
The amount deserved. So much money as the plaintiff reasonably deserves to have
83
quasi
quasi
As if; apparently but not really; a kind of
84
querist
querist
The person making the inquiry. Commonly used by barristers in advice work to identify their lay client or protagonist in litigation
85
quid pro quo
quid pro quo
One thing in exchange for another; something in exchange; a fair equivalent
86
ratio decidendi
ratio decidendi
The grounds for the decision
87
res ipsa loqitor
res ipsa loqitor
The thing speaks for itself
88
res judicata
res judicata
A judicially decided matter
89
respondeat superior
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
scienter
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
se defendo
se defendo
In defending oneself
92
seriatim
seriatim
One by one; in succession; one after the other
93
sine die
sine die
Postponed indefinitely, without any day being fixed for resumption or re- assembly. Used for court adjournments
94
sine qua non
sine qua non
Without which it cannot be
95
situs
situs
Location. The site, station, or situation of an act or thing
96
stare decisis
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
sub judice
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
subpoena
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
supra
supra
Above
100
ultra vires
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
vice versa
vice versa
Conversely; the relationship of being transposed
102
volenti non fit injuria
volenti non fit injuria
There can be no injury to a willing person
