Latin and English legalese Flashcards
Ipso Facto
by the fact itself
Modus operandi
The manner or method of procedure
Pro tempore
For the time being, temporarily
Bona fide
in good faith; sincere, genuine
Subpoena
a writ requiring attendance in court “under penalty” for failure to appear
onus probandi
the burden of proof
ad hoc
for the special purpose
cui bono
for what good, for what purpose, “who benefits”
attest
to bear witness
testify
to make a statement under oath
testimony
a statement, made under oath, used for evidence
affadavit
sworn statement in writing
Probate
the process of proving a will is genuine
judiciary
relating to the court or court system
proscribe
to forbid
A Priori
Latin term, which means that “from the cause to the effect.” It is based on the assumption
that if the cause is a generally accepted truth, then a particular effect must follow. So, a priori judgment is considered to be true, but based on presumption and not on factual evidence.
Ante
“Before”
De facto
Actual; by fact; exercising power or serving a function without being legally or officially established. (There are some “de facto” rights)
De jure
by right according to law (as opposed to de facto)
Dictum (plural; dicta)
A statement of law made by a judge in the course of a decision of the case, but not necessary to the decision of the case itself. Non-binding, they often go “beyond the occasion” and lay down a decision which is unnecessary for the purpose at hand.
En banc
A case hear by all judges of a particular court (as opposed to a quorum)
Estoppel
A rule of law that prevents a person from denying or asserting certain facts on account of his own actions which resulted in proving those facts earlier. The court does not allow a contradiction of something that you have already accepted as true.
Jus Gentium
“Derived from the customs of all nations”
Jus naturale
“Natural Law”, set of laws not derived from constitution or legal authority, but from God, as applicable to all humans
Jus sangunins
“Right of Blood” Citizenship that is determined by one’s parentage as opposed to the place where one was born.
Jus solis
“Right of the soil” Citizenship that is determined by where one was born; birthright citizenship.
Locus classicus
A passage that has become a standard for the elucidation of a word or subject; a classic case or example.
Locus standi
A right to bring an action or a right to address a court on a matter before it. For example, a person whose right is violated has the right to approach a court, provided there is sufficient reason to bring an action; legal standing.
Mala fides
An action done in bad faith (eg, buying goods that have ‘fallen off a truck’)
Modus Operandi
his Latin term means the method of committing a crime. It is also referred to as M.O., which can be used to identify a person who has committed a crime.
Orbiter dictum
“Things said by the way” A type of dictum, considered to be unimportant to the case itself.
Pro tanto
“For so much” partial payment on a legal claim
Supra
“Above”. Similar to “Ibid”. In legal briefs and decisions it refers to the citation of a court decision which has been previously mentioned. Thus, a case when first cited will be referred to as Guinn v. United States, (1915) 238 U. S. 347, meaning it can be found in volume 238 of the United States Reports (of the Supreme Court) at page 347 and was decided in 1915. The next time the case is cited as Guinn v. United States, supra.
Ultra vives
A Latin term, which means, “beyond powers.” Ultra vires denotes an action which is outside the powers granted by law. Such actions are considered to be illegal. In short, any action done by any individual or entity beyond their powers is considered as ultra vires.
Doctrine
A legal concept generally accepted by most courts that offers guidance. Legislatures will sometimes codify or make into law.
Joint and Several Liability
When multiple defendants may be found liable as a group (jointly) or separately (several).
Apperance
When an attorney acts on behalf of a client in court. Either a personal appearance with a judge of filing a document with the court.
Diversity of Citizenship
When a federal court hears a case based on the fact that parties are from different states and that the amount of money exceeds $75000 (minimum).
Complaint
The pleading that INITIATES LITIGATION. Filed by the plaintiff, contains the general allegations against the defendent.
Cause of Action
One of the REQUIRED ELEMENTS of a complaint, a legally valid reason to sue.
Information and Belief
A common legal phrase that qualifies a statement as being fact only to the best knowledge of the person making the statement.
Ad Damnum Clause
Element of a complaint that asks for damages. Also called the “Wherefore clause” or “Prayer for Relief.”
Pleading
A document filed with the Court to take some spenefic legal action. A MOTION asks the court to RULE; a PLEADING states the party’s position.
Affadavit
A WRITTEN STATEMENT OF FACT sworn to under oath.