Legal Latin Terms Flashcards
Ad hoc
for this purpose only
ab ovo
from the egg (at the beginning, at the start)
ad curiam
to [at] court
ad litem
to the suit (for purposes of the lawsuit)
ad testificandum
for testifying
amicus curiae/amici curiae
friend of the court
(third party filing a brief to support a specific position)
ante litem
before trial
arguendo
arguing, for the sake of argument
bona fide
in good faith (open, sincere)
caveat
beware, warning
caveat emptor
let the buyer beware
caveat venditor
let the seller beware
certiorari
to be informed of
writ from higher to lower court, ordering transcript of proceedings for appellate review
chattel
article of personal or movable property
compos mentis
sane, of sound mind
corpus
body - any set of materials
total assets in an estate or trust
corpus juris
body of law
corpus delecti
body of a crime
item upon which a crime has been committed
- murder: victim’s body
- arson: burnt property
cum laude
with praise
de facto
in fact - actual and real in fact
de jure
in law - legal, proper, legitimate
de juris
of the law
de minimis
of only a tiny amount - trivial, inconsequential
procedural error made during trial so trivial that outcome of trial could not have been affected by it
demurrer
defendant’s assertion that plaintiff’s complaint is insufficient or does not state a cause of action upon which relief can be granted
de novo
anew, afresh
second/new hearing, to hear case from beginning
dictum/dicta
comments within a published opinion which do not relate directly to facts of case at hand, but illustrate/explain the court’s thinking
- cannot be cited as precedent
duces tecum
bring with you
e.g. (exempli gratia)
thus, for example
en banc
in/on the bench
entire membership of an appellate court, as opposed to quorum or subset of member judges
en bloc
in a block
in a unit, as a whole, completely
ergo
therefore
escheat
to fall out (back)
reversion of property to state where there are no legal heirs
estoppel
stopped up
legal impediment to bringing/maintaining an action
et seq. (et sequentes)
and the following
- refer to further material after citation, usually page numbers
et ux. (et uxor)
and spouse
typically used to join wife to husband in contract or action
ex contractu
from the contract, arising from a contractual promise
ex curia
out of court
ex delicto
from a crime
ex parte
from one part, on one side
something done by or for one party only
ex post facto
after the fact
act performed or law passed with retroactive effect
forum
place - venue, tribunal, place or trial
forum non conveniens
inconvenient forum
authority of a court to decline jurisdiction
habeas corpus
you have the body
writ issued to release someone from improper imprisonment
idem
same
the same as above, particularly previously cited material
i.e. (id est)
that is
in absentia
in the absence of
in camera
in a room
in chambers, in private
indicia
signs - identifying marks, badges, or characteristics
in forma pauperis
as a pauper
permission granted to poor litigant to proceed without having to pay court costs/fees
infra
below
referring to material coming later, particularly in a document
in limine
on the threshold
immediately before or at the very beginning of a case
in loco parentis
in the place of a parent
guardian granted parental responsibilities for a minor
- example: school principal
in media res
in the middle of things - without preface or introduction, right in the middle
in personam
on the person
action or jurisdiction involving a person themselves, as opposed to merely their property
in pro per (in properia persona)
for oneself
pleading a case on one’s own behalf, without an attorney
in re
in or on the thing
in the matter of, particularly when there is only one party
in rem
in or on the thing
legal action against property (such as a ship) rather than personally against its owner
inter alia
(always italicized)
among other things
inter alios
(always italicized)
among other persons
in toto
in all - entirely, completely, totally
inter se
(always italicized)
between themselves
inter vivos
among the living
gift or property passing from one person to another, but not by means of a will or in anticipation of death
intra vires
within the power
an act which a person or corporation has authority to perform
ipse dixit
he said it himself
a bare assertion resting only on a person’s own word
ipso facto
by the fact itself - the mere effect of an act or fact
“I saw him, ipso facto, he must have been there.”
jurat
he/she swears
clause at the end of sworn statement showing when, where, and by whom the statement was signed under penalty of perjury
laches
lax, loose, slack
omissions, neglect, or failure to perform a duty or to assert a right
les scripta
written law - statutory law (versus common law or ancient customs)
lis pendens
pending lawsuit
magna cum laude
with great praise
malum in se (singular)
mala prohibita (plural)
forbidden wrong(s)
acts forbidden by statutory law
mea culpa
my fault
admission of negligence
mens
mind - a person’s intention, knowledge, meaning
mens rea
a guilty mind - having criminal intent
mens sana in corpore sano
a healthy mind in a healthy body
ne plus ultra
nothing further, not beyond here
nolle prosequi
we shall no longer prosecute
declaration made to judge by prosecutor in a criminal case (or plaintiff in civil lawsuit) either before or during trial
- meaning case against defendant is being dropped
nolo contendere
I will not fight/contest it
criminal plea neither admitting nor denying charges, but accepting consequences
-avoids future civil liability
non compos mentis
not of sound mind
non obstante
notwithstanding, nevertheless
judgment non obstante veredicto (N.O.V.)
overturns jury’s verdict
non sequitur
it is not to be followed
conclusion/assertion which does not flow logically from what it is based on
nunc pro tunc
now for then
phrase applied to acts performed with retroactive effect, often to cure an obvious defect, such as erroneous date in a document
attorneys from other states can appear nunc pro tunc for a client if permitted by the court
parol
spoken word - expressed by speech only, as opposed to evidenced by documents
- not to be confused with parole
pendente lite
during suit - happening during litigation
per capita
by the heads - according to the number of people involved, equal shares
per centum (per cent.)
by a hundred - a percentage
per curiam
by the court
a decision not accompanied by a written opinion
opinion of an appellate court en banc, versus one written by a single judge
per se
in and of itself
post hac
after this - after this time, hereafter
prima facie
first appearance - at first sight, appearing to be so, at least on first impression
pro bono (pro bono publico)
for the good (for the public good)
services performed free of charge
pro forma
for the sake of form
a formality, a perfunctory act or a standard document
pro hac vice
for this turn - for a particular occasion, only this once
pro rata
according to (by) calculation - in proportion, a proportional division
pro se
for himself
representing oneself without an attorney
pro tem. (pro tempore)
for a time - a temporary substitute, a provisional act
qua
(always italicized)
who - considered as, acting in the capacity of
“A husband, qua husband, cannot be made to testify against his wife.”
quaere
(always italicized)
question - open to doubt; a rule or decision considered questionable
quantum/quanta
amount/amounts
quantum meruit
as much as deserved
extent of contractual liability implied by equity
- “He only bid $100 for the job; but it took 3 days, so I think he deserves to be paid more.”
quasi
as if - indicating a resemblance, having a likeness to something
“quasi-official”
Q.E.D. (quod erat demostrandum)
which was to be demonstrated
a term applied to anything obviously true or something which requires little or no evidence
q.v. (quod vide)
which see
reference or citation to another item of source material
re (form of res)
a thing
concerning something, in the matter of, often with only one party
- “in re estate of Morbius”
remittitur
it is to be given back
order reducing grossly excessive jury award
res
things
subject matter in a civil case
res gestae
things shown
facts admitted into evidence which otherwise would be hearsay
res ipsa loquitur
the thing speaks for itself
res judicata
decided thing - matter acted upon or decided finally, a conclusive decision by a court
res publica
public thing - a state, republic, or commonwealth
semble
(always italicized)
it seems, it appears
word used in printed summaries of court opinions where a point of law was not directly decided, or the ruling was obscure
seriatim
in a series - one by one, one after another, separately, individually
[sic]
thus
word used to indicate what appears on the record was actually said, even though it was obviously in error
sine die
without a day
adjournment without specified time to reconvene
sine qua non
without which there is nothing - an essential ingredient or condition
“A ripe banana is the sine qua non of a banana split.”
situs
place - location, particularly in determining jurisdiction, but also of a crime
sotto voce
under the voice - in soft tones, not intended to be overheard, as at a sidebar
status quo ante
status as it was earlier
return to a previous situation or condition
stare decisis
let the decision stand
the principle that prior court rulings should be followed
sua sponte
by his own will
without prompting, voluntary, a court acting on its own motion
sub nom. (sub nominee.)
(always italicized)
under the name - in the name of, under the title of
sub rosa
under the rose - confidential, secret, unpublished
subpoena
under penalty (of law)
generally referring to an order to appear in court
summa cum laude
with high praise
supra
above
referring to material coming earlier, particularly in a document
ultra vires
beyond the power
an act beyond the authority of a person or corporation to perform
ux. (uxor)
wife
venire (venire facias)
to come, to appear in court
judicial writ directing sheriff to summon a specified number of qualified persons to serve as jurors
venue
arrived (at a place) - particularly referring to a court’s jurisdiction
viva voce
with the living voice
oral testimony, as opposed to documentary evidence
voir dire
to see, to say
examination of witness (particularly expert) to establish their qualifications
- also to determine prospective juror’s qualifications to be member of a jury panel
Writ of mandamus
Compel agency or official to perform specific duty
Prescribe action
Thou shalt
Proscribe action
Thou shalt not
Specific performance (remedy)
Losing defendant must DO something
Special damages
For pain or suffering due to injury
Doctrines
Major principles of law
- generally have “elements,” each of which must be individually proven before the plaintiff can win
Where are the federal statutes?
United States Code (U.S.C.)
Where are federal agency regulations?
Code of Federal Regulations (C.F.R.)
Juror
One who swears an oath
Verdict
“A true statement” of the jury
