Latin Terms Flashcards
0
Q
a priori
A
from what goes before;
from the cause to the effect
1
Q
a fortiori
A
with stronger reason
2
Q
ab initio
A
from the beginning
3
Q
auctiones in personam
A
personal actions
4
Q
ad curiam
A
before the court, to the court
5
Q
ad damnum clause
A
to the damage, clause of complaint which states plaintiff’s monetary loss
6
Q
ad faciendum
A
to do
7
Q
ad hoc
A
for this purpose, for this occasion
8
Q
ad litem
A
for the suit;
for the litigation (a guardian ad litem, for example)
9
Q
ad rem
A
to the thing at hand
10
Q
ad valorem
A
according to the value (an ad valorem tax, for example)
11
Q
adversus
A
against (defendant adv. plaintiff)
12
Q
aggregatio mentium
A
meeting of minds (relates to formation of contracts)
13
Q
alias dictus
A
otherwise called, also known as (as in an assumed name)
14
Q
alibi
A
in another place, elsewhere
15
Q
aliunde
A
from another place, from without (as in evidence outside the document);
see parol evidence
16
Q
alter ego
A
the other self
17
Q
amicus curiae
A
friend of the court (as an amicus curiae brief filed with an appellate court)
18
Q
animo
A
with intention, disposition, design, will
19
Q
animus
A
mind, intention
20
Q
ante litem motam
A
before suit brought, before litigation is filed
21
Q
arguendo
A
in the course of the argument, for the sake of argument
22
Q
assumpsit
A
he undertook, he promised
23
Q
bona fide
A
good faith
24
capias
take, arrest
25
capita
persons, heads
26
causa mortis
by reason of death
27
caveat
beware, a warning
28
caveat emptor
let the buyer beware
29
certiorari
send the pleadings up (from an inferior court to a superior court; U.S. Supreme Court uses writ of certiorari to review most cases)
30
cestui
beneficiaries (pronounced "setty")
31
cestui que trust
beneficiaries of the trust
32
circa
in the area of, about, concerning
33
compos mentis
of sound mind
34
consortium
union of lots or chances;
| conjugal fellowship of husband and wife
35
contra
against
36
coram nobis
before us ourselves
37
corpus
body
38
corpus delicti
body of the offense;
| essence of the crime
39
cum testamento annexo
with the will annexed
40
datum (pl. data)
1. a thing given; information
| 2. a date
41
de facto
in fact, in deed, actually
42
de jure
of right, lawful
43
de novo
anew, afresh
44
de son tort
of his own wrong
45
dies non
not a day
46
duces tecum
bring with you (as in subpoena duces tecum, whereby subpoenaed person must appear and bring records)
47
dum bene se gesserit
while he shall conduct himself, during good behavior
48
e converso
conversely, on the other hand
49
en banc
in the bench, all judges present (a three-judge panel sits individually or en banc)
50
eo instanti
upon the instant
51
erratum (pl., errata)
error
52
et alii
and others (as in Smith et. al v. Jones)
53
et sequentia
and as follows (et. seq.)
54
et ux
and wife
55
et vir
and husband
56
ex delicto
(arising) from a tort
57
ex gratia
as a matter of favor
58
ex officio
from office, by virtue of his office
59
ex parte
one side only, by or for one party only
60
ex post facto
after the fact
61
facto
in fact, in or by the law
62
felonice
feloniously
63
fiat
let it be done, a short order that a thing be done
64
fieri
to be made up, to become
65
fieri facias
cause to be made (a writ [order] directing the sheriff to reduce a judgment debtor's property to money [sell it] for the amount of the judgment, for example)
66
flagrante delicto
in the very act of committing the crime
67
forum non conveniens
discretionary power of a court to decline jurisdiction over a case when the court believes it should be tried elsewhere for convince of parties and witnesses
68
gravis
serious, of importance
69
habeas corpus
you have the body (a writ directed to the custodian of a person, commanding the custodian to produce such person)
70
habendum clause
that part of a deed which begins "to have and to hold";
| defines extent of ownership
71
honorarium
honorary fee or gift;
| compensation from gratitude
72
idem
the same as above (id.)
73
idem sonans
having the same sound (as names sounding alike but spelled differently)
74
in curia
in court
75
in esse
in being, existence
76
in forma pauperis
permission given to a poor person to sue without liability for court costs
77
infra
beneath;
| below
78
in limine
at the beginning;
| threshold
79
in loco parentis
in place of a parent, one charged with a parent's rights and obligations
80
in pari delicto
in equal fault
81
in personam
personally, against the person
82
in praesenti
at once;
| now
83
in re
in the matter
84
in rem
proceedings against a thing (a bank account or real estate) distinguished from those against a person
85
in specie
in the same or in similar form
86
instanter
immediately
87
inter alia, inter alios
among other things, between other persons
88
inter se
among themselves
89
inter vivos
between the living, from one person to another
90
in toto
in the whole, completely
91
in transitu
in transit
92
intra
within, inside
93
ipse dixit
he himself said (it), as an assertion made but not proved
94
ipso facto
by the fact itself
95
ita est
so it is
96
jura personarum
right if a person, rights of persons
97
jura rerum
rights of things
98
jure divino
by divine right
99
jure uxoris
in his wife's right
100
jus (pl. jura)
law;
right;
laws collectively
101
jus ad rem
a right to a thing
102
jus commune
the common law, the common right
103
jus gentium
the law of nations, international law
104
just habendi
the right to have a thing
105
jus tertii
the right of a third party;
| the rights of another party
106
levari facias
cause to be levied, a writ of execution
107
lex
law
108
lex loci
law of the place where the cause of action arose
109
lis pendens
litigation pending, as in a lis pendens filed with real estate records to notify the world that the real estate is involved in litigation
110
locus delicti
the place of the crime or of the tort
111
locus sigilli (L.S.)
the place for the seal
112
mala
bad
113
mala fides
bad faith
114
mala in se
wrong in itself, an act which is morally wrong
115
mala praxis
malpractice
116
mala prohibita
act declared criminal by statute (failure to file a report, for example), though not wrong in itself (as in murder)
117
mala animo
with evil intent
118
mandamus
we command, a writ used to compel an official to perform an act which she is required to perform
119
manu forti
with a strong hand, forcible entry
120
mens rea
guilty mind (most crimes require the element of intent [mens rea])
121
nihil dicit
he says nothing (as in a default judgment against a defendant who does not raise a defense in the action)
122
nil
nothing;
| of no account
123
nil debet
he owes nothing
124
nisi prius
unless before (used to distinguish the court where trial was held from the appellate court)
125
nolle prosequi
unwilling to prosecute (a crime);
| prosecutor's discretion not to file charges in a particular case
126
nolo contendere
I will not contest it
127
non
not
128
non assumpsit
plea in defense;
| that he did not promise
129
non compos mentis
not of sound mind
130
non est factum
it is not his deed
131
non obstante
notwithstanding
132
non sequitur
it does not follow
133
nota bene (N.B.)
not well;
| take notice
134
nudum pactum
nude pact, a bare agreement which lacks the consideration to form a valid contract
135
nul tort
no wrong done
136
nulla bona
no goods (wording used on the return of a writ fieri facias)
137
nunc pro tunc
now for then (as in an order nunc pro tunc to correct clerical error in a previous order)
138
obiter dictum
remark which is not central to the main issue
139
onus probandi
the burden of proof
140
opus (pl., opera)
work, labor
141
ore tenus
by word of mouth, orally (as in a motion ore tenus)
142
pari delicto
in equal guilt
143
pari passu
by equal progress, ratably, equitably, without preference
144
pater familias
father of the family
145
peculium
private property
146
pendens
pending
147
pendente lite
pending the suit, during litigation
148
per annum
annual, by the year
149
per capita
by the head, equally shared
150
per contra
in opposition
151
per curiam
by the court
152
per diem
by the day
153
per se
by itself, taken alone
154
per stirpes
by representation, by the roots or stocks for purposes of inheritance
155
post
after, later
156
post-factum
after the fact, after the event
157
post-obit
to take effect after death
158
praecipe
writ commanding a person to do some act or to appear and show cause why she should not do so;
order to clerk of court to issue a summons or execution on judgment already rendered
159
prima facie
at first sight, on the face of it
160
pro bono
free of charge, without cost
161
pro forma
as a matter of form
162
pro hac vice
for this occasion
163
pro rata
according to the rate or proportion
164
pro se
appearing for oneself;
| personally
165
pro tanto
for so much, to that extent
166
pro tempore
for the time being, temporarily
167
prochein ami
next friend
168
publici juris
of public right
169
pur autre vie
for or during the life of another
170
quaere
question, doubt
171
quantum
how much, the amount
172
quare
wherefore
173
quare clausum fregit
breaking the close, trespass
174
quasi
as if, as if it were
175
quid pro quo
what for what, something for something (as in consideration for a contract)
176
quo warranto
by what right or authority
177
res
thing, object, subject matter
178
res gestae
things done, excited utterance
179
res ipsa loquitur
the thing speaks for itself
180
res judicata
a thing (matter) adjudged
181
respondeat superior
let the master answer
182
scienter
knowledge, awareness
183
scilicet
to wit, that is to say, namely (SS or ss)
184
scintilla
a spark, the least particle
185
scire facias
cause to know, give notice (writ used to revive a judgment that has expired [dormant])
186
secundum
according to
187
se defendendo
in self-defense
188
semper
always
189
seriatim
severally, separately
190
sic
thus, so, in such manner (used to indicate an error in original, quoted material)
191
sigillum
a seal
192
sine
without
193
sine die
without a day, without a specific day assigned for a future meeting
194
sine qua non
that without which a thing cannot occur;
| indispensable condition or part
195
stare decisis
to abide by decided cases
196
status quo
state in which, present state
197
sua sponte
voluntarily, of his own will and motion
198
sub nomine
under the name of, in the name of, under the title of
199
sub silentio
under silence, without any notice being taken
200
sui generis
of its own kind or class, the only one of a kind, unique
201
sui juris
of his own right, having legal capacity to act for himself
202
surpersedeas
superseding (as in the bond that accompanies a writ commanding a stay of proceedings pending appeal)
203
supra
above, cited in full above
204
tenere
to hold, to keep
205
terminus a quo
the starting point
206
ultra
beyond, in excess of, outside of
207
ultra vires
without power, beyond the powers of
208
venire facias
that you cause to come, a type of summons
209
versus
against (plaintiff v. defendant)
210
videlicet (viz.)
it is easy to see, that is to say, namely
211
vi et armis
by force and arms
212
vid-a-vis
one who (that which) is face to face with another
213
vivos
living
214
voir dire
to speak the truth, the process used to select jurors
