Legal Latin Flashcards
a fortiori
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.
actus reus
guilty act/ criminal act
AD LITEM
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.
AD LITEM
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.
AMICUS CURIAE
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.
CERTIORARI
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.
DE NOVO
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.
Ex Parte
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.
HABEAS CORPUS
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.
IN CAMERA
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.
IN FORMA PAUPERIS
IN THE MANNER OF A PAUPER
Often, if an indigent party pleads in forma pauperis, court costs will be waived.
IN RE
IN THE MATTER OF
This term is often used in case names, e.g., In re Estate of Jones.
MANDAMUS
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.
PER CURIAM
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.
Pro Bono
For the good
A pro bono attorney is one who does professional work “for the good of the public,” without pay.
PRO SE
FOR ONESELF; ON ONE’S OWN BEHALF; WITHOUT A LAWYER
Pro se litigants are those that are representing themselves in court without an attorney.
SUA SPONTE
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.
QUASI
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.”
Ad Hoc
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.
Affidavit
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.
Bona Fide
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.
De Facto
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.
Per Diem
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.
Status Quo
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.
