Latin Phrases Flashcards
damnum absque injuria
“loss or damage without injury”
The principle of tort law in which some person (natural or legal) causes damage or loss to another, but does not injure them.
Damage incurred in the absence of the other elements does not constitute a cause of action.
juris tantum
“of law and nothing more”
A rebuttable legal presumption made in the absence of any contradictory evidence.
Rebuttable (‘juris tantum’) presumptions can be challenged by evidence to the contrary. The forms of evidence that are acceptable in this case are regulated under civil law, but not under commercial law.
lex fori
“the law of the country in which an action is brought”
lex loci celebrationis
“law of the place of the ceremony”
The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.
lex loci solutionis
“law of the place of performance”
The law of the place where a contract is to be performed or a debt is to be paid.
In conflict of laws, it is the law applied in the place of an event.
If a case comes before a court and all the main features of the case are local, the court will then apply the lex fori, the prevailing municipal law, to decide the case.
lex prospicit, non respicit
“The law looks forward, not backward.”
The rationale against retroactivity is that a law usually divests rights which may have already been vested or impairs the obligations of contract, hence, unconstitutional.
By virtue of the doctrine of operative fact, it would be to deprive the law of its quality of fairness and justice if there be no recognition of what had transpired prior to such adjudication.
motu propio
“on his own impulse”
an action taken by the disciplining authority on its own initiative.
–> In Courts, it is an action by the judge of deciding on a matter without requiring a motion from the parties of a litigation.
nemo dat quod non nabet
“No one can give what he or she does not have.”
This is used in property and succession, wherein an undivided property is sold by one of the co-owners without the other co-owners being informed.
nullum crimen nula poena sine lege
“Crime is a product of the law.”
pro hac vice
“for or on this occasion only”
qui prior est tempore, potior est jure
“He who is earlier in time is stronger in law.”
The principle of “qui prior est tempore, potior est jure” means he who is first in time is first in right or one who is prior in time has a superior right in law. Accordingly, where there are two competing equitable interests, the general rule of equity is that the person whose equity attached to the property first will be entitled to priority over the other. Where the equities are equal and neither claimant has the legal estate, the first in time prevails. This maxim is incorporated in Article xx of the New Civil Code of the Philippines.
res ipsa loquitur
“The thing speaks for itself.”
res judicata
a matter that has been adjudicated by a competent court and may not be pursued further by the same parties.
respondeat superior
Most commonly used in tort, this doctrine means that holds an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency. Typically when respondeat superior is invoked, a plaintiff will look to hold both the employer and the employee liable. As such, a court will generally look to the doctrine of joint and several liability when assigning damages.
semper praesumitur pro matrimonio
