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NALA Testing > Legal Terminology - Latin Terms > Flashcards

Legal Terminology - Latin Terms Flashcards

1
Q

a fortiori

A

with stronger reason

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2
Q

a priori

A

from what goes before; from the cause to the effect

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3
Q

ab initio

A

from the beginning

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4
Q

actiones in personam

A

personal actions

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5
Q

ad curiam

A

before the court, to the court

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6
Q

ad damnum clause

A

to the damage, clause of complaint that states plaintiff’s monetary loss

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7
Q

ad faciendum

A

to do

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8
Q

ad hoc

A

for this purpose, for this occasion

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9
Q

ad litem

A

for the suit; for the litigation (a guardian ad litem, for example)

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10
Q

ad rem

A

to the thing at hand

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11
Q

ad valorem

A

according to the value (an ad valorem tax, for example)

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12
Q

adversus

A

against (defendant adv. plaintiff)

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13
Q

aggregatio mentium

A

meeting of minds (relates to formation of contracts)

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14
Q

alias dictus

A

otherwise called, also known as (as in an assumed name)

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15
Q

alibi

A

in another place, elsewhere

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16
Q

aliunde

A

from another place, from without (as in evidence outside the document); see parole evidence under Legal Terms below

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17
Q

alter ego

A

the other self

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18
Q

amicus curiae

A

friend of the court (as an amicus curiae brief filled with an appellate court)

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19
Q

animus

A

mind, intention

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20
Q

animo

A

with intention, disposition, design, will

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21
Q

ante litem motam

A

before suit brought, before litigation is filed

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22
Q

arguendo

A

in the course of the argument, for the sake of argument

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23
Q

assumpsit

A

he undertook, he promised

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24
Q

bona fide

A

good faith

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25
Q

capias

A

take, arrest

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26
Q

capita

A

persons, heads

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27
Q

causa mortis

A

by reason of death

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28
Q

caveat

A

beware, a warning

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29
Q

caveat emptor

A

let the buyer beware

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30
Q

certiorari

A

send the pleadings up (from an inferior court to a superior court)

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31
Q

cestui (pronounced “setty”)

A

beneficiaries

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32
Q

cestui que trust

A

beneficiaries of the trust

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33
Q

circa

A

in the area of, about, concerning

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34
Q

compos mentis

A

of sound mind

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35
Q

consortium

A

union of lots or chances; conjugal fellowship of husband and wife

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36
Q

contra

A

against

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37
Q

coram nobis

A

before us ourselves

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38
Q

corpus

A

body

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39
Q

corpus delicti

A

body of the offense; essence of the crime

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40
Q

cum testamento annexo

A

with the will annexed

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41
Q

datum

A
  1. a thing given; information; 2. a date
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42
Q

de facto

A

in fact, in deed, acutally

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43
Q

de jure

A

of right, lawful

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44
Q

de novo

A

anew, afresh

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45
Q

de son tort

A

of his own wrong

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46
Q

dies non

A

not a day

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47
Q

duces tecum

A

bring with you (as in subpoena duces tecum, whereby subpoenaed person must appear and bring records)

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48
Q

dum bene se gesserit

A

while he shall conduct himself, during good behavior

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49
Q

e converso

A

conversely, on the other hand

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50
Q

en banc

A

in the bench, all judges present

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51
Q

eo instanti

A

upon the instant

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52
Q

erratum

A

error

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53
Q

et alii

A

and others

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54
Q

et sequentia (et seq.)

A

and as follows

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55
Q

et ux

A

and wife

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56
Q

et vir

A

and husband

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57
Q

ex delicto

A

(arising) from a tort

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58
Q

ex gratia

A

as a matter of favor

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59
Q

ex officio

A

from office, by virtue of his office

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60
Q

ex parte

A

one side only, by or for one party only

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61
Q

ex post facto

A

after the fact

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62
Q

facto

A

in fact, in or by the law

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63
Q

felonice

A

feloniously

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64
Q

fiat

A

let it be done, a short order that a thing be done

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65
Q

fieri

A

to be made up, to become

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66
Q

fieri facias

A

cause to be made (ex. a writ directing the sheriff to reduce a judgement debtor’s property to sell it for the amount of the judgment)

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67
Q

flagrante delicto

A

in the very act of committing the crime

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68
Q

forum non conveniencs

A

discretionary power of a court to decline jurisdiction over a case when the court believes it should be tried elsewhere for convenience of parties and witnesses

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69
Q

gravis

A

serious, of importance

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70
Q

habeas corpus

A

you have the body (a writ directed to the custodian of a person, commanding the custodian to produce such person)

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71
Q

habendum clause

A

that part of a deed that beings “to have and to hold”; defines extent of ownership

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72
Q

honorarium

A

honorary fee or gift; compensation from gratitude

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73
Q

idem (id.)

A

the same as above

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74
Q

idem sonans

A

having the same sound (as names sounding alike but spelled differently)

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75
Q

in curia

A

in court

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76
Q

in esse

A

in being, existnce

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77
Q

in forma pauperis

A

permission given to a poor person to sue without liability for court costs

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78
Q

infra

A

beneath; below

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79
Q

in limine

A

at the beginning; threshold

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80
Q

in loca perentis

A

in place of a parent, once charged with a parent’s rights and obligations

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81
Q

in pari delicto

A

in equal fault

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82
Q

in personam

A

personally, against the person

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83
Q

in paesenti

A

at once, now

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84
Q

in re

A

in the matter

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85
Q

in rem

A

proceedings against a thing ( a bank account or real estate) distinguished form those against a person

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86
Q

in specie

A

in the same or in similar form

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87
Q

instanter

A

immediately

88
Q

inter alia, inter alios

A

among other tings, between other persons

89
Q

inter se

A

among themselves

90
Q

inter vivos

A

between the living, from one person to another

91
Q

in toto

A

in the whole, completely

92
Q

in transitu

A

in transit

93
Q

intra

A

within, inside

94
Q

ipse dixit

A

he himself said (it), as an assertion made but no proved

95
Q

ipso facto

A

by the fact itself

96
Q

jura personarum

A

right of a person, rights of a person

97
Q

jura rerum

A

rights of things

98
Q

jure divino

A

by divine right

99
Q

jure uxoris

A

in his wife’s right

100
Q

jus

A

law; right; laws collectively

101
Q

jus ad rem

A

a right to a thing

102
Q

jus commune

A

the common law, the common right

103
Q

jus commune

A

the common law, the common right

104
Q

jus gentium

A

the law of nations, international law

105
Q

just habendi

A

the right to have a thing

106
Q

jus tertii

A

the right of a third party; the rights of another person

107
Q

levari facias

A

cause to be levied, a writ of execution

108
Q

lex

A

law

109
Q

lex loci

A

law of the place where the cause of action arose

110
Q

lis pendens

A

litigation pending, as in a lis pendens filed with real estate records to notify the world that the real estate is involved in litigation

111
Q

locus delicti

A

the place of the crime or of the tort

112
Q

locus sigilli

A

the place for the seal

113
Q

mala

A

bad

114
Q

mala fides

A

bad faith

115
Q

mala in se

A

wrong in itself, an act that is morally wrong

116
Q

mala praxis

A

malpractice

117
Q

mala prohibita

A

act declared criminal by statue (failure to file a report, for example), though not wrong in itself (as in murder)

118
Q

malo animo

A

with evil intent

119
Q

mandamus

A

we command, a writ used to compel an official to perform an act that she is required to perform

120
Q

manu forti

A

with a strong hand, forcible entry

121
Q

nihil dicit

A

he says nothing (as in a default judgement against a defendant who does not raise a defense in the action)

122
Q

nil

A

nothing; of no account

123
Q

nil debet

A

he owes nothing

124
Q

nisi prius

A

unless before (used to distinguish the court where trial was held form the appellate court)

125
Q

nolle prosequi

A

unwilling to prosecute (a crime); prosecutor’s discretion not to file charges in a particular case

126
Q

nolo contendere

A

I will not contest it

127
Q

non

A

not

128
Q

non assumpsit

A

plea in defense; that he did not promise

129
Q

non compos mentis

A

not of sound mind

130
Q

non est factum

A

it is not his deed

131
Q

non obstante

A

notwithstnading

132
Q

non sequitur

A

it does not follow

133
Q

nota bene (N.B.)

A

note well; take notice

134
Q

nudum pactum

A

nude pact, a bare agreement that lacks the consideration

135
Q

nul tort

A

no wrong done

136
Q

nulla bona

A

no goods (wording used on the return of a writ fieri facias)

137
Q

nunc pro tunc

A

now for then (as in an order nunc pro tunc to correct clerical error in a previous order)

138
Q

obiter dictum

A

remark that is not central to the main issue

139
Q

onus probandi

A

the burden of proof

140
Q

opus

A

work, labor

141
Q

ore tenus

A

by word of mouth, orally (as in a motion ore tenus)

142
Q

pari delicto

A

in equal quilt

143
Q

pari passu

A

by equal progress, ratably, equitably, without preference

144
Q

pater familias

A

father of the family

145
Q

peculium

A

private property

146
Q

pendens

A

pending

147
Q

pendente lite

A

pending the suit, during litigation

148
Q

per annum

A

annual, by the year

149
Q

per capita

A

by the head, equally shared

150
Q

per contra

A

in opposition

151
Q

per curiam

A

by the court

152
Q

per diem

A

by the day

153
Q

per se

A

by itself, taken alone

154
Q

per stirpes

A

by representation, by the roots or stocks for purposes of inheritance

155
Q

post

A

after, later

156
Q

post-factum

A

after the fact, after the event

157
Q

post-obit

A

to take effect after death

158
Q

pracipe

A

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 judgement already rendered

159
Q

prima facie

A

at first sight, on the fact of it

160
Q

pro bono

A

free of charge, without cost

161
Q

pro forma

A

as a matter of form

162
Q

pro hav vice

A

for this occation

163
Q

pro rata

A

according to the rate or proportion

164
Q

pro se

A

appearing for oneself; personally

165
Q

pro tanto

A

for so much, to that extent

166
Q

pro tempore

A

for the time being, temporarily

167
Q

prochein ami

A

next friend

168
Q

pbulici juris

A

of public right

169
Q

pur autre vie

A

for or during the life of another

170
Q

quaere

A

question, doubt

171
Q

quantum

A

how much, the amount

172
Q

quare

A

wherefore

173
Q

quare clausum fregit

A

breaking the close, trespass

174
Q

quare clausum fregit

A

breaking the close, respass

175
Q

quasi

A

as if, as if it were

176
Q

quid pro quo

A

what for what, something for something (as in consideration for a contract)

177
Q

quo warranto

A

by what right or authority

178
Q

res

A

thing, object, subject matter

179
Q

res gestae

A

things done, excited utterance

180
Q

res ipsa loquitur

A

the thing speaks for itself

181
Q

res judicata

A

a thing (matter) adjudged

182
Q

respondeat superior

A

let the master answer

183
Q

scienter

A

knowledge, awareness

184
Q

scilicet

A

to wit, that is to say, namely (SS or ss)

185
Q

scintilla

A

a spark, the least particle

186
Q

scire facias

A

cause to know, give notice (writ used to revive a judgement that has expired {dormant])

187
Q

secundum

A

according to

188
Q

se defendendo

A

in self-defense

189
Q

semper

A

always

190
Q

seriatim

A

severally, separately

191
Q

sic

A

thus, so, in such manner (used to indicate an error in original, quoted material)

192
Q

sigillum

A

a seal

193
Q

sine

A

without

194
Q

sine die

A

without a day, without a specific day assigned for a future meeting

195
Q

sine qua non

A

that without which a thing cannot occure; indispensable condition or part

196
Q

stare decisis

A

to abid by dcided cases

197
Q

status quo

A

state in which, present state

198
Q

sua sponte

A

voluntarily, of his own will and motion

199
Q

sub nomine

A

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

200
Q

sub silenteo

A

under silence, without any notice being taken

201
Q

sui generis

A

of its own kind or class, the only one of a kind, unique

202
Q

sui juris

A

of his own right, having legal capacity to act for himself

203
Q

supersedeas

A

superseding (as in the bond that accompanies a writ commanding a stay of proceedings pending appeal)

204
Q

supra

A

above, cited in full above

205
Q

tenere

A

to hold, to keep

206
Q

terminus a quo

A

the starting point

207
Q

ultra

A

beyond, in excess of outside of

208
Q

ultra vires

A

without power, beyond the powers of

209
Q

venire facias

A

that you cause to come, a type of summons

210
Q

versus

A

against (plaintiff v. defendant)

211
Q

vildelicet

A

it is easy to see, that is to say, namely

212
Q

vi et armis

A

by force and arms

213
Q

vis-a-vis

A

one who (that which) is face to face with another

214
Q

vivos

A

living

215
Q

voir dire

A

to speak the truth, the process used to select jurors

NALA Testing (11 decks)

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