Part 1: Legal Latin Flashcards
Legal Latin by the University of Kent. As posted in the NALS study hall.
“A fortiori”
‘From stronger argument’ – Used to express a conclusion for which there is stronger evidence than for a previously accepted one
“Ab initio”
‘From the beginning’ – If a contract is void (say for mistake) ab initio, this has the consequence that no
innocent third parties can acquire rights under any subsequent contract
“Actus reus”
‘A guilty act’ – The prohibited conduct or behaviour that the law seeks to prevent. (Includes all the aspects of the crime except the accused’s mental state (see mens rea). Can include:
- simply an act
- omission to act
- a state of affairs rather than an act
“Ad hoc”
‘To this/ For this’ – Created or done for a particular purpose as necessary
“Ad idem”
‘Towards the same’ – Indicates that the parties to a transaction are in agreement.
“Ad litem”
‘As regards the action’ For the suit; for the purposes of the suit; pending the suit.
A grant ad litem is the appointment by a court of a person to act on behalf of an estate in court
proceedings, when the estate’s proper representatives are unable or unwilling to act.
A guardian ad litem - responsible for the legal proceedings on behalf of someone else.
“Ad referendum”
‘Subject to reference’ – When some minor points are undecided in a contract.
“Alieni juris”
‘Under the control/ subject to the authority of another’ – Describing the status of a person who is not of full age and capacity
“Aliunde”
‘From elsewhere’ – From a source outside the document currently under consideration. Evidence aliunde
may be considered where the meaning of a document (e.g. a will) is otherwise unclear.
“Amicus curiae”
‘Friend of the court or tribunal’ – A non-party who gives expert testimony.
“Animus”
‘Intention’ - Eg. animus manendi –The intention of remaining; intention to establish a permanent residence; the intention to remain in one place.
“Ante”
‘Before’
“Bona vacantia”
‘Empty goods’ - Vacant, unclaimed, or stray goods. Those things in which nobody claims a property, and which belong to the state, by virtue of its prerogative.
“Bona fide”
‘With good faith’ – Genuine; real
“Caveat”
‘Let him beware’. 1) A formal notice to the effect that no action of a certain kind may be taken without first informing the person who gave the notice (the caveator). 2) a kind of equitable process, to stay the granting of a patent for lands.
“Caveat emptor”
‘Let the buyer beware’ – 1) A common-law maxim warning a purchaser that he could not claim that his
purchases were defective unless he protected himself by obtaining express guarantees from the vendor. 2) purchaser of an article must examine, judge, and test it
“Certiorari”
‘To be informed’ – The name of a writ issued by a superior court directing an inferior court to send up to the former some pending proceeding, or all the record and proceedings for review or trial.
“Cf (confer)”
‘Compare’ - An abbreviated form of the Latin word confer, meaning “compare.” Directs the reader’s attention to another part of the work, volume, case, etc., where contrasted, analogous, or explanatory views or statements may be found.
“Compos mentis”
‘Of sound mind’ sane. A valid contract must be made by someone who is compos mentis.
“Cor (coram)”
‘In the presence of the people’ Before; in presence of. Applied to persons only.
“Corpus delicti”
‘The body of the offence’ – The material substance upon which a crime has been committed. Originally this referred to the corpse of a murdered person. It now refers to the factual evidence of the crime.
Cur. adv. vult/Curia Advisari vult
‘The court will advise’ – The court wishes to consider the matter before giving judgment, as when time is needed to consider arguments or submissions made to it.
De bene esse
‘Of well-being’ – Denoting a course of action that is the best that can be done in the present circumstances
or in anticipation of a future event. (Proceedings which are allowed to stand as well done for the present, but which may be subject to future exception or challenge, and must then stand or fall according to their intrinsic merit and regularity.) “in certain cases, the courts will allow evidence to be taken out of the regular course, in order to prevent the evidence being lost by the death or the absence of the witness. This is called ‘taking evidence de bene esse.’ and is looked upon as a temporary and conditional examination, to be used only in case the witness cannot afterwards be examined in the suit in the regular way.”
“De facto”
‘In fact’ – Existing as a matter of fact rather than of right (see de jure) 1) an officer, a government, past action, or a state of affairs which is accepted for all practical purposes, but which is illegal or illegitimate. 2) also frequently used independently of any distinction from de jure; thus a blockade de facto is a blockade which is actually maintained, as distinguished from a mere paper blockade.
“De jure”
‘Of law’ – As a matter of legal right; by right. (not for practical purposes, only by law)
“De lege ferenda”
‘Of the law [that is] to be proposed’ – A phrase used to indicate that a proposition relates to
the law that is to be proposed.
“De lege lata”
‘Of the existing law.’ – A phrase used to indicate that a proposition relates to the law as it is.
“De minimis (non curat lex)”
‘The law is not concerned with trivial matters’
“Dictum”
‘A saying’ – An observation/opinion of a judge which do not embody the resolution or determination of the court; not the professed deliberate determinations of the judge
“Dissentiente”
‘Differing in opinion’ – Dissenting from other judges. It is often abbreviated to ‘diss’ in citations of cases.
“Doli (in)capax”
‘(In) capable of wrong’ – A child under the age of 10 is deemed incapable of committing any crime.
“Erratum”
An error in printing or writing.
