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AAERT > Legal Latin Terms > Flashcards

Legal Latin Terms Flashcards

1
Q

Ad hoc

A

for this purpose only

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2
Q

ab ovo

A

from the egg (at the beginning, at the start)

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3
Q

ad curiam

A

to [at] court

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4
Q

ad litem

A

to the suit (for purposes of the lawsuit)

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5
Q

ad testificandum

A

for testifying

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6
Q

amicus curiae/amici curiae

A

friend of the court
(third party filing a brief to support a specific position)

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7
Q

ante litem

A

before trial

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8
Q

arguendo

A

arguing, for the sake of argument

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9
Q

bona fide

A

in good faith (open, sincere)

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10
Q

caveat

A

beware, warning

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11
Q

caveat emptor

A

let the buyer beware

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12
Q

caveat venditor

A

let the seller beware

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13
Q

certiorari

A

to be informed of

writ from higher to lower court, ordering transcript of proceedings for appellate review

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14
Q

chattel

A

article of personal or movable property

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15
Q

compos mentis

A

sane, of sound mind

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16
Q

corpus

A

body - any set of materials

total assets in an estate or trust

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17
Q

corpus juris

A

body of law

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18
Q

corpus delecti

A

body of a crime
item upon which a crime has been committed
- murder: victim’s body
- arson: burnt property

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19
Q

cum laude

A

with praise

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20
Q

de facto

A

in fact - actual and real in fact

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21
Q

de jure

A

in law - legal, proper, legitimate

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22
Q

de juris

A

of the law

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23
Q

de minimis

A

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

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24
Q

demurrer

A

defendant’s assertion that plaintiff’s complaint is insufficient or does not state a cause of action upon which relief can be granted

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25
Q

de novo

A

anew, afresh
second/new hearing, to hear case from beginning

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26
Q

dictum/dicta

A

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

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27
Q

duces tecum

A

bring with you

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28
Q

e.g. (exempli gratia)

A

thus, for example

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29
Q

en banc

A

in/on the bench
entire membership of an appellate court, as opposed to quorum or subset of member judges

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30
Q

en bloc

A

in a block
in a unit, as a whole, completely

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31
Q

ergo

A

therefore

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32
Q

escheat

A

to fall out (back)
reversion of property to state where there are no legal heirs

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33
Q

estoppel

A

stopped up
legal impediment to bringing/maintaining an action

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34
Q

et seq. (et sequentes)

A

and the following

  • refer to further material after citation, usually page numbers
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35
Q

et ux. (et uxor)

A

and spouse

typically used to join wife to husband in contract or action

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36
Q

ex contractu

A

from the contract, arising from a contractual promise

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37
Q

ex curia

A

out of court

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38
Q

ex delicto

A

from a crime

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39
Q

ex parte

A

from one part, on one side

something done by or for one party only

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40
Q

ex post facto

A

after the fact

act performed or law passed with retroactive effect

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41
Q

forum

A

place - venue, tribunal, place or trial

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42
Q

forum non conveniens

A

inconvenient forum

authority of a court to decline jurisdiction

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43
Q

habeas corpus

A

you have the body

writ issued to release someone from improper imprisonment

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44
Q

idem

A

same
the same as above, particularly previously cited material

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45
Q

i.e. (id est)

A

that is

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46
Q

in absentia

A

in the absence of

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47
Q

in camera

A

in a room
in chambers, in private

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48
Q

indicia

A

signs - identifying marks, badges, or characteristics

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49
Q

in forma pauperis

A

as a pauper
permission granted to poor litigant to proceed without having to pay court costs/fees

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50
Q

infra

A

below

referring to material coming later, particularly in a document

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51
Q

in limine

A

on the threshold

immediately before or at the very beginning of a case

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52
Q

in loco parentis

A

in the place of a parent

guardian granted parental responsibilities for a minor
- example: school principal

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53
Q

in media res

A

in the middle of things - without preface or introduction, right in the middle

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54
Q

in personam

A

on the person

action or jurisdiction involving a person themselves, as opposed to merely their property

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55
Q

in pro per (in properia persona)

A

for oneself

pleading a case on one’s own behalf, without an attorney

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56
Q

in re

A

in or on the thing

in the matter of, particularly when there is only one party

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57
Q

in rem

A

in or on the thing

legal action against property (such as a ship) rather than personally against its owner

58
Q

inter alia
(always italicized)

A

among other things

59
Q

inter alios
(always italicized)

A

among other persons

60
Q

in toto

A

in all - entirely, completely, totally

61
Q

inter se
(always italicized)

A

between themselves

62
Q

inter vivos

A

among the living

gift or property passing from one person to another, but not by means of a will or in anticipation of death

63
Q

intra vires

A

within the power

an act which a person or corporation has authority to perform

64
Q

ipse dixit

A

he said it himself

a bare assertion resting only on a person’s own word

65
Q

ipso facto

A

by the fact itself - the mere effect of an act or fact

“I saw him, ipso facto, he must have been there.”

66
Q

jurat

A

he/she swears

clause at the end of sworn statement showing when, where, and by whom the statement was signed under penalty of perjury

67
Q

laches

A

lax, loose, slack

omissions, neglect, or failure to perform a duty or to assert a right

68
Q

les scripta

A

written law - statutory law (versus common law or ancient customs)

69
Q

lis pendens

A

pending lawsuit

70
Q

magna cum laude

A

with great praise

71
Q

malum in se (singular)
mala prohibita (plural)

A

forbidden wrong(s)
acts forbidden by statutory law

72
Q

mea culpa

A

my fault
admission of negligence

73
Q

mens

A

mind - a person’s intention, knowledge, meaning

74
Q

mens rea

A

a guilty mind - having criminal intent

75
Q

mens sana in corpore sano

A

a healthy mind in a healthy body

76
Q

ne plus ultra

A

nothing further, not beyond here

77
Q

nolle prosequi

A

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

78
Q

nolo contendere

A

I will not fight/contest it

criminal plea neither admitting nor denying charges, but accepting consequences
-avoids future civil liability

79
Q

non compos mentis

A

not of sound mind

80
Q

non obstante

A

notwithstanding, nevertheless

81
Q

judgment non obstante veredicto (N.O.V.)

A

overturns jury’s verdict

82
Q

non sequitur

A

it is not to be followed

conclusion/assertion which does not flow logically from what it is based on

83
Q

nunc pro tunc

A

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

84
Q

parol

A

spoken word - expressed by speech only, as opposed to evidenced by documents

  • not to be confused with parole
85
Q

pendente lite

A

during suit - happening during litigation

86
Q

per capita

A

by the heads - according to the number of people involved, equal shares

87
Q

per centum (per cent.)

A

by a hundred - a percentage

88
Q

per curiam

A

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

89
Q

per se

A

in and of itself

90
Q

post hac

A

after this - after this time, hereafter

91
Q

prima facie

A

first appearance - at first sight, appearing to be so, at least on first impression

92
Q

pro bono (pro bono publico)

A

for the good (for the public good)

services performed free of charge

93
Q

pro forma

A

for the sake of form

a formality, a perfunctory act or a standard document

94
Q

pro hac vice

A

for this turn - for a particular occasion, only this once

95
Q

pro rata

A

according to (by) calculation - in proportion, a proportional division

96
Q

pro se

A

for himself

representing oneself without an attorney

97
Q

pro tem. (pro tempore)

A

for a time - a temporary substitute, a provisional act

98
Q

qua
(always italicized)

A

who - considered as, acting in the capacity of

“A husband, qua husband, cannot be made to testify against his wife.”

99
Q

quaere
(always italicized)

A

question - open to doubt; a rule or decision considered questionable

100
Q

quantum/quanta

A

amount/amounts

101
Q

quantum meruit

A

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.”

102
Q

quasi

A

as if - indicating a resemblance, having a likeness to something

“quasi-official”

103
Q

Q.E.D. (quod erat demostrandum)

A

which was to be demonstrated

a term applied to anything obviously true or something which requires little or no evidence

104
Q

q.v. (quod vide)

A

which see

reference or citation to another item of source material

105
Q

re (form of res)

A

a thing

concerning something, in the matter of, often with only one party
- “in re estate of Morbius”

106
Q

remittitur

A

it is to be given back

order reducing grossly excessive jury award

107
Q

res

A

things

subject matter in a civil case

108
Q

res gestae

A

things shown

facts admitted into evidence which otherwise would be hearsay

109
Q

res ipsa loquitur

A

the thing speaks for itself

110
Q

res judicata

A

decided thing - matter acted upon or decided finally, a conclusive decision by a court

111
Q

res publica

A

public thing - a state, republic, or commonwealth

112
Q

semble
(always italicized)

A

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

113
Q

seriatim

A

in a series - one by one, one after another, separately, individually

114
Q

[sic]

A

thus

word used to indicate what appears on the record was actually said, even though it was obviously in error

115
Q

sine die

A

without a day

adjournment without specified time to reconvene

116
Q

sine qua non

A

without which there is nothing - an essential ingredient or condition

“A ripe banana is the sine qua non of a banana split.”

117
Q

situs

A

place - location, particularly in determining jurisdiction, but also of a crime

118
Q

sotto voce

A

under the voice - in soft tones, not intended to be overheard, as at a sidebar

119
Q

status quo ante

A

status as it was earlier

return to a previous situation or condition

120
Q

stare decisis

A

let the decision stand

the principle that prior court rulings should be followed

121
Q

sua sponte

A

by his own will

without prompting, voluntary, a court acting on its own motion

122
Q

sub nom. (sub nominee.)
(always italicized)

A

under the name - in the name of, under the title of

123
Q

sub rosa

A

under the rose - confidential, secret, unpublished

124
Q

subpoena

A

under penalty (of law)

generally referring to an order to appear in court

125
Q

summa cum laude

A

with high praise

126
Q

supra

A

above

referring to material coming earlier, particularly in a document

127
Q

ultra vires

A

beyond the power

an act beyond the authority of a person or corporation to perform

128
Q

ux. (uxor)

A

wife

129
Q

venire (venire facias)

A

to come, to appear in court

judicial writ directing sheriff to summon a specified number of qualified persons to serve as jurors

130
Q

venue

A

arrived (at a place) - particularly referring to a court’s jurisdiction

131
Q

viva voce

A

with the living voice

oral testimony, as opposed to documentary evidence

132
Q

voir dire

A

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

133
Q

Writ of mandamus

A

Compel agency or official to perform specific duty

134
Q

Prescribe action

A

Thou shalt

135
Q

Proscribe action

A

Thou shalt not

136
Q

Specific performance (remedy)

A

Losing defendant must DO something

137
Q

Special damages

A

For pain or suffering due to injury

138
Q

Doctrines

A

Major principles of law

  • generally have “elements,” each of which must be individually proven before the plaintiff can win
139
Q

Where are the federal statutes?

A

United States Code (U.S.C.)

140
Q

Where are federal agency regulations?

A

Code of Federal Regulations (C.F.R.)

141
Q

Juror

A

One who swears an oath

142
Q

Verdict

A

“A true statement” of the jury

AAERT (6 decks)

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