Latin Phrases Flashcards

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1
Q

Ab Initio

A

‘From the beginning’ - if a contract is void (say for mistake) ab initio, this has the consequences that no innocent third parties can acquire rights under any subsequent contract (Bell v Lever Bros 1932)

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2
Q

Actus Reus

A

‘A guilty act’

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3
Q

Ad referendum

A

‘Subject to reference’ - denoting to a contract that is subject to agreement by other parties and finalisation of the details

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4
Q

Alieni Juris

A

‘Of another’s right’ - Describing the status of a person who is not of full age and capacity

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5
Q

Amicus Curiae

A

‘friend of the court’ - A non-party who gives evidence before the court as to assist it with research and argument.

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6
Q

De facto

A

‘In fact’ - Existing as a matter of fact rather than of right

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7
Q

De jure

A

‘Of law’ - As a matter of legal right; by right

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8
Q

De minimis (non curat lex)

A

‘The law is not concerned with trivial matters’

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9
Q

Ex parte

A

‘On the part of one side only’

‘On behalf of’

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10
Q

Ex post facto

A

‘In the light of subsequent events’ - Describing any legal act that has retrospective effect

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11
Q

In curia

A

In open court

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12
Q

In loco parentis

A

‘In place of a parent’ - loosely to describe someone looking after children on behalf of the parents

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13
Q

In personam

A

‘Against the person’ - Describing a court action/claim against a specific person or right affecting a particular person or group of people

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14
Q

In rem

A

‘Against the thing’ - Describing a right that should be respected by other people generally e.g. ownership of property

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15
Q

Inter alia

A

‘Among other things’ - The phrase is used to make it clear that a list is not exhaustive

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16
Q

Mens rea

A

‘A guilty mind’

17
Q

Obiter dictum

A

‘A remark in passing’ - said by a judge

18
Q

Onus

A

‘Load or burden’ - Something that is one’s duty or responsibility

19
Q

Prima facie

A

‘At first appearance’ - on the face of things

20
Q

Qui facet per album facit per se

A

‘He who acts through another, acts through himself’ - The traditional basis of vicarious liability. Means for example an employer is liable for the consequences of actions by employees in the course of their duties

21
Q

Stare decisis

A

‘To stand by things decided’ - Maxim expressing underlying basis of the doctrine of precedent

22
Q

Sui generis

A

‘Of its own kind’ - forming a class of its own; unique

23
Q

Ultra vires

A

‘beyond the powers’

24
Q

Volenti non fit injuria

A

‘No wrong is done to one who consents’ - The defence that the claimant consented to injury

25
Q

Nemo dat (quod non habet)

A

You can’t give what you don’t have