Legal Latin

Question 1

a fortiori

Answer 1

from stronger
An a fortiori argument is an “argument from a stronger reason”, meaning that, because one fact is true, a second (related and included) fact must also be true.
Applies to a situation in which if one thing is true then it can be inferred that a second thing is even more certainly true.

Question 2

actus reus

Answer 2

guilty act/ criminal act

Question 3

AD LITEM

Answer 3

For the suit
Courts appoint attorneys ad litem, generally as a matter of law, for parties that have a legal interest in a case but that cannot represent themselves like children or incapacitated adults.

Question 4

AD LITEM

Answer 4

For The Suit
Courts appoint attorneys ad litem, generally as a matter of law, for parties that have a legal interest in a case but that cannot represent themselves like children or incapacitated adults.

Question 5

AMICUS CURIAE

Answer 5

Friend Of The Court
If a non-party to a proceeding has an interest in the case (or the law) before the court, the non-party can ask the court for permission to file a friend of the court brief. An amicus brief, carries no formal legal weight, but the hope of the non-party is that the brief will help the court to resolve the issue based on their legal argument or perspective.

Question 6

CERTIORARI

Answer 6

To Be More Fully Informed
A Writ of Certiorari, sometimes shortened to just“cert.”, is most commonly known as a means to seek review of a case by the U.S. Supreme Court.

Question 7

DE NOVO

Answer 7

A New
This term is usually associated with the standard of judicial review. When an appellate court reviews a case de novo, the court gives no deference to the findings of the lower court.

Question 8

Ex Parte

Answer 8

From one party
An ex parte decision by a judge is one made without all parties present. It also can refer to improper contact between one side with a judge or a party.

Question 9

HABEAS CORPUS

Answer 9

THAT YOU HAVE THE BODY/ Show me the body
A writ of habeas corpus seeks a ruling on a matter when someone has been imprisoned or otherwise detained by the government. The writ of habeas corpus is directed at the public official that is holding the person, so if a case name includes the name of a warden or an attorney general, it is likely a habeas proceeding.

Question 10

IN CAMERA

Answer 10

IN A CHAMBER
If something is to be reviewed in camera, it will be reviewed in the judge’s chamber – away from the other parties and jury.

Question 11

IN FORMA PAUPERIS

Answer 11

IN THE MANNER OF A PAUPER

Often, if an indigent party pleads in forma pauperis, court costs will be waived.

Question 12

IN RE

Answer 12

IN THE MATTER OF

This term is often used in case names, e.g., In re Estate of Jones.

Question 13

MANDAMUS

Answer 13

WE COMMAND
A writ of mandamus seeks to command a public official, including a lower court judge, to take a particular action. This can be used in limited circumstances as an alternative to a direct appeal of a case.

Question 14

PER CURIAM

Answer 14

BY THE COURT AS A WHOLE
A per curiam decision is a unanimous decision of a court that is authored by the court as a whole rather than by a particular judge.

Question 15

Pro Bono

Answer 15

For the good

A pro bono attorney is one who does professional work “for the good of the public,” without pay.

Question 16

PRO SE

Answer 16

FOR ONESELF; ON ONE’S OWN BEHALF; WITHOUT A LAWYER

Pro se litigants are those that are representing themselves in court without an attorney.

Question 17

SUA SPONTE

Answer 17

OF ONE’S OWN ACCORD; VOLUNTARILY

If a court is permitted to act sua sponte, a court can take an action in a case without a request from either party.

Question 18

QUASI

Answer 18

AS IF
This term is a favorite prefix of lawyers and courts everywhere. It can be added to any term to make an argument that one thing is like another, e.g., “even if it was not technically a judicial action, it was a quasi-judicial action.”

Question 19

Ad Hoc

Answer 19

For this purpose
If the current group cannot resolve an issue, then authorities create a special group to deal with the challenge. An example of this is the U.S. Congress creating an ad hoc committee to have hearings on a specific issue.

Question 20

Affidavit

Answer 20

He pledged
An affidavit is a sworn statement that is filed with the court. For example, the written account of events from a law enforcement officer, witnesses or victims of a crime.

Question 21

Bona Fide

Answer 21

Good faith
When someone makes an offer in good faith – without fraud or deceit – officials consider that bona fide. For example, a bona fide offer to buy a property.

Question 22

De Facto

Answer 22

In reality
The term de facto refers to something that exists without a specific order or mandate to exist, such as a person acting as a de facto parent to a child or English becoming the de facto language in the United States.

Question 23

Per Diem

Answer 23

Per day
The term per diem occurs most frequently in relation to payment for services. For example, some contracts will include base pay plus per diem costs such as food and lodging.

Question 24

Status Quo

Answer 24

The current state of affairs
The term status quo is used to describe how things are currently, typically in relation to someone either maintaining the status quo or challenging the status quo.

Question 25

Subpoena

Answer 25

Under the penalty

A subpoena is a writ that commands a person designated in it to appear in court under a penalty for failure to appear.