Latin Term & Phrases Flashcards
The cost of a writ or declaration containing the statement of damages claim.
- remember by damnum - damages.
Ad damnum
For only the particular cause that hand.
Ad hoc
For the purpose of the suit.
* For example, a guardian, ad litem, is a guardian appointed Because of a lawsuit, such as a divorce, where a child is appointed an attorney called a guardian ad litem, who looks out for the interest of the child only for the purpose of the divorce suit.
Ad litem
With great a reason or more convincing force. * remember by fortiori force.
A fortiori
From another source; from outside.
Aliunde
Friend of the court; one who volunteers information with the court’s permission on matters of law. * Remember, the word amicable means friendly, so amicus is friend.
Amicus curiae
Listed prior in same index or material. * This is a prefix meaning “before“ for many words.
Ante
In contemplation of death. * Remember that “Mortis“ means death.
Cause mortis
Let the buyer beware.
Caveat emptor
Appellate review proceeding, examining action, or inferior court, for further information; a writ of review or inquiry.
Certiorari
The body of crime; the physical object upon which the crime was committed. *Remember that “corpus” means body.
Corpus delicti
In fact, indeed, actually. * Remember the “fact“ part of de facto.
De facto
Descriptive of a condition in which there has been total compliance with all requirements of law; writ; legitimate; lawful.
De jure
Insignificant, minute, frivolous. *Remember that “minimis” sounds a lot like minute, which means small.
De minimis
Anew; starting over as they’re not done before. * remember that “Novo” means you.
De novo
For example.
e.g. exempli gratis
All of the judges of one court sitting together.
En banc
And others. *In the caption of a case, occasionally to shorten it, a judge will read it as “John Smith, et al. Versus Jim Jones, et al.” And all.
Et al
And following.
Et seq
And wife.
Et ux
By virtue or because of an office. *Remember - “officio” is really close to the word “office.”
Ex officio
By or for ones person. Outside the presence of another party.
Ex parte
Upon relation or information; legal proceedings, which are instituted by the Attorney General (or other proper person), in the name and behalf of the state, but on the information, and at the instigation of an individual who has private interest in the matter, are said to be taken “on the relation“ (ex relatione) of each person, who is called the “ relator.“. Such a causes usually entitled: State ex tel Doe vs Roe.
Ex relatione
Writ for the release of a prisoner.
Habeas corpus
That is.
i.e ., id est
In Chambers.
In camera
In the face of the court.
In facie curiae
In the character of manner of a pauper; describes permission, given to a poor person, or indigent to proceed without liability for court fees or cost. * remember that a “pauper“ is a poor person.
In forma pauperis
On, or at the threshold, at the very beginning; preliminary. *In limine is pronounced in “lemony“, so it’s very close to “preliminary .“
In limine
Against a person to impose a liability or obligation.
In personam
In the matter of; concerning.
In re
Among other things.
Inter alia
Among the living, done during lifetime. *Remember “inter“ is among “vivos“ is life.
Inter vivos
The law of the place. *Remember “loci” is a place, sort of like location.
Lex loci
A pending lawsuit.
Lis pendens
With bad faith. *The prefix “mal” always means bad.
Mala fides
Intermediate.
Mesne
The trial, where questions of fact are tried before one judge, and, in some cases, a jury. Refers to a lower court.
Nisi prius
Commonly nolle pros - An entry in the record denoting that the plaintiff or the will proceed no further in the action or the suit.
Nolle prosequi
“I do not contest the claim.” Commonly, pleading nolo.
Nolo contendere
Not of sound mind; insane.
Non compos mentis
Fallacy; it does not follow.
Non sequitur
Entered at a time subsequent with retroactive effect.
Nunc pro tunc
While suit is pending.
Prendent lite
On the first appearance. A case is such as will suffice until contradicted and overcome by other evidence.
Prima facie
For this occasion.
Pro hac vice
For oneself; in one’s own behalf.
Pro se
For the time being; temporarily.
Pro tem
One equivalent for another.
Quid pro quo
Literally, the thing. *For example, the trust res is the property held in trust.
Res
Things done; especially ask and declarations admissible in evidence that form the environment of a litigated issue, considered as an exception to the hearsay rule.
Res gestae
The thing speaks for itself.
Res ipsa loquitur
The thing appoint formerly in controversy by now judicially settled.
Res judicata
Rigidity of muscles occurring after death.
Rigor mortis
Thus in the original. Meaning: exact reproduction. *In transcription, when an attorney or witness says something we know is incorrect, we transcribed it as said, and follow it with [sic].
Sic
The essential element.
Sinc qua non
The rule of precedent; that which is decided once will be applied in the future.
Stare decisis
Of its own will or motion.
Sua sponte
Subpoenaed to testify.
Subpoena ad restificandum
An order of the court for a witness to produce documents or records.
Subpoena duces tecum
Of one’s own right.
Sui juris
In one’s own name.
Suo nominee
Outside the scope of authority to act.
Ultra vires
Namely.
Viz
Literally, to see, to say, to speak the truth. A preliminary examination to determine competency of witness order.
Voir dire
