This document defines and explains 99 Latin legal terms and phrases used in common law systems. Some key terms include: actus reus meaning the guilty act, corpus delicti referring to the body of a crime, habeas corpus as a writ to bring a detained person before a court, mens rea describing the guilty mind or criminal intent, and ratio decidendi being the legal principle behind a court's decision. Many other terms relate to concepts like jurisdiction, burden of proof, contracts, and types of legal proceedings.
This document defines and explains 99 Latin legal terms and phrases used in common law systems. Some key terms include: actus reus meaning the guilty act, corpus delicti referring to the body of a crime, habeas corpus as a writ to bring a detained person before a court, mens rea describing the guilty mind or criminal intent, and ratio decidendi being the legal principle behind a court's decision. Many other terms relate to concepts like jurisdiction, burden of proof, contracts, and types of legal proceedings.
This document defines and explains 99 Latin legal terms and phrases used in common law systems. Some key terms include: actus reus meaning the guilty act, corpus delicti referring to the body of a crime, habeas corpus as a writ to bring a detained person before a court, mens rea describing the guilty mind or criminal intent, and ratio decidendi being the legal principle behind a court's decision. Many other terms relate to concepts like jurisdiction, burden of proof, contracts, and types of legal proceedings.
This document defines and explains 99 Latin legal terms and phrases used in common law systems. Some key terms include: actus reus meaning the guilty act, corpus delicti referring to the body of a crime, habeas corpus as a writ to bring a detained person before a court, mens rea describing the guilty mind or criminal intent, and ratio decidendi being the legal principle behind a court's decision. Many other terms relate to concepts like jurisdiction, burden of proof, contracts, and types of legal proceedings.
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1.
Ab Initio – From the beginning.
2. Actionable per se – The very act is punishable, and no proof of damage is required. 3. Actus reus – Guilty act. 4. Ad hoc – For the particular end or case at hand. 5. Alibi – At another place, elsewhere. 6. Amicus Curiae – A friend of court or member of the Bar who is appointed to assist the court. 7. Ante Litem Motam – Before suit brought; before controversy instituted, or spoken before a lawsuit is brought. 8. Assentio mentium – The meeting of minds, i.e. mutual assents. 9. Audi alteram partem – No man shall be condemned unheard. 10. Bona fide – In good faith. 11. Bona vacantia – Goods without an owner. 12. Caveat – A caution registered with the public court to indicate to the officials that they are not to act in the matter. 13. Caveat actor – Let the doer beware. 14. Caveat emptor – Let the buyer beware. 15. Caveat venditor -Let the seller beware. 16. Certiorari – A writ by which orders passed by an inferior court is quashed. 17. Corpus – Body. 18. Corpus delicti – The facts and circumstances constituting a crime and Concrete evidence of a crime, such as a corpse (dead body). 19. Damnum sine injuria – Damages without injuries. 20. De facto – In fact. 21. De jure – By law. 22. De minimis – About minimal things. 23. De novo – To make something anew. 24. Dictum – Statement of law made by the judge in the course of the decision but not necessary to the decision itself. 25. Doli capax – Capable of forming necessary intent to commit a crime. 26. Doli incapax – Incapable of crime. Or incapable of forming the intent to commit a crime. 27. Detinue – Tort of wrongfully holding goods that belong to someone else. 28. Donatio mortis causa – Gift because of death. Or a future gift given in expectation of the donor’s imminent death and only delivered upon the donor’s death. 29. Estoppel – Prevented from denying. 30. Ex gratia – As favour. 31. Ex officio – Because of an office held. 32. Ex parte – Proceedings in the absence of the other party. 33. Ex post facto – Out of the aftermath. Or after the fact. 34. Fatum – Beyond human foresight. 35. Factum probandum – It means the facts that need to be proved. 36. Factum probans – Relevant fact. 37. Functus officio – No longer having power or jurisdiction. 38. Habeas corpus – A writ to have the body of a person to be brought in before the judge. 39. Injuria sine damnum – Injury without damage. 40. Ipso facto – By the mere fact. 41. In promptu – In readiness. 42. In lieu of – Instead of. 43. In personam – A proceeding in which relief I sought against a specific person. 44. Innuendo – Spoken words that are defamatory because they have a double meaning. 45. In status quo – In the present state. 46. Inter alia – Among other things. 47. Inter vivos – Between living people (especially of a gift as opposed to a legacy). 48. Jus cogens or ius cogens – Compelling law. 49. Jus in personam – Right against a specific person (or party). 50. Jus in rem – Right against the world at large. 51. Jus naturale – Natural law. Or in other words, a system of law based on fundamental ideas of right and wrong that is natural law. 52. Jus Necessitatis – It means a person’s right to do what is required for which no threat of legal punishment is a dissuasion. 53. Jus non scriptum – Customary law. 54. Jus scriptum – Written law. 55. Jus – Law or right. 56. Jus soli – Right of soil. 57. Jus sanguins – Right of blood or descent. 58. Lex Fori – The law of the country. The law of evidence is lex fori. It means the law of evidence is the law of the land where court proceedings are taken. 59. Locus standi – Right of a party to an action to appear and be heard by the court. 60. Mala fide – In bad faith. 61. Malum in se or Mala in se (plural) – Wrong or evil in itself. 62. Malum prohibitum – In a way, opposite of Malum in se. It means ‘crimes are criminal not because they are inherently bad, but because the act is prohibited by the law of the state.’ 63. Mandamus – ‘We command’. A writ of command issued by a higher court to government and public authority to compel the performance of public duty. 64. Mens rea – Guilty mind. 65. Misnomer – A wrong or inaccurate name or term. 66. Modus operandi – Way of working. Or mode of operation. 67. Modus Vivendi – Way of living. 68. Mutatis Mutandis – With the necessary changes having been made. Or with the respective differences having been considered. 69. Nolle prosequi – A formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit. 70. Novation – Transaction in which a new contract is agreed by all parties to replace an existing contract. 71. Nunc pro tunc – Now for then. A ruling nunc pro tunc applies retroactively to correct an earlier ruling. 72. Non Sequitur – A statement (such as a response) that does not follow logically from or is not clearly related to anything previously said. 73. Obiter dictum – Things said by the way. It is generally used in law to refer to an opinion or non-necessary remark made by a judge. It does not act as a precedent. 74. Onus probandi – Burden of proof. 75. Pacta Sunt Servanda – Agreements must be kept. Or Agreements are legally binding. 76. Pari passu – With an equal step. 77. Particeps criminis – A participator in the actual crime/partner in crime. 78. Per curiam (decision or opinion) – By the court. In other words, the decision is made by the court (or at least, a majority of the court) acting collectively. 79. Per se – By itself. 80. Persona non grata – A person who is unacceptable or unwelcome. 81. Prima facie – At first sight. Or on the face of it. 82. Alimony – A husband’s (or wife’s) provision for a spouse after separation or divorce 83. Palimony – Money which a man pays to a woman with whom he has been living and from whom he is separated. Palimony has slightly different meanings in different jurisdictions. 84. Per curiam – By a court. 85. Per incuriam – Because of lack of care. 86. Quantum meruit – What one has earned. Or the amount he deserves. 87. Quid pro quo – Something for something. 88. Quo warranto – By what authority. A writ calling upon one to show under what authority he holds or claims a public office. 89. Ratio decidendi – Principle or reason underlying a court judgement. Or the rule of law on which a judicial decision is based. 90. Respondeat superior – Let the master answer. For example, there are circumstances when an employer is liable for acts of employees performed within the course of their employment. This rule is also called the master-servant rule. 91. Res ipsa loquitor – The thing speaks for itself. 92. Status quo – State of things as they are now. 93. Sine die – With no day (indefinitely). 94. Sine qua non – “Without which nothing”. An essential condition. A thing that is absolutely necessary. Basically a component of an argument that, if debunked, causes the entire argument to crumble. 95. Suo Motu – On its own motion. 96. Uberrima fides (sometimes uberrimae fidei) – Utmost good faith. 97. Veto – Ban or order not to allow something to become law, even if it has been passed by a parliament. 98. Vice versa – Reverse position. 99. Vis major – Act of God. 100. Waiver – Voluntarily giving up or removing the conditions.