Latin Terms In Law
ab initio = from the beginning
actus reus = guilty act; the objective element of a crime; the external element of a crime
actus non facit reum nisi mens sit rea = the act does not make a person guilty unless the mind is also guilty
ad hoc = for this (purpose); composed or designed for a particular purpose only
ad hominen = argument against the man; argument to the man: also see argumentum ad hominem
ad idem/consensus ad idem = mutual assent; of the same mind; meeting of the minds: the situation where there is a common understanding in the formation of the contract
ad infinitum = to infinity; continue forever; without limit
ad litem = for the suit; a party appointed by a court to act in a lawsuit on behalf of another party
a mensa et thoro = divorce a mensa et thoro; divorce from bed-and-board; a de factoseparation while remaining legally married
audi alteram partem = hear the other side.
bona fide/bona fides = good faith; in good faith; A Bona Fide agreement is one entered into without attempt to fraud; It is a state in which the person is cognatively and morally committed to do the right thing. Opposite: mala fide/mala fides = bad faith; in bad faith.
contra = against
contradictio in terminus = contradiction in terms
contra bonos mores = against good morals
contradictio in adjecto = contradiction in terms; contradiction in itself
contra legem = against the law
corpus delicti = body of the offence
contradictio in terminus = contradiction in terms
contra bonos mores = against good morals
contradictio in adjecto = contradiction in terms; contradiction in itself
contra legem = against the law
corpus delicti = body of the offence
da mihi factum, dabo tibi ius = give me the fact, I will give you the law
de facto = concerning fact; In fact; As a matter of fact; in practice but not necessarily ordained by law; in practice or actuality, but without being officially established; The de facto standard is a formal or informal standard that has a dominant position by cultural acceptance, market dominance, tradition or enforcement.
de jure/de iure = By right; concerning law; in principle
de lege ferenda = from law to be passed; what the law should be
de lege lata = from law passed; by law in force; the law as it exists
de minimus non curat lex = The law does not bother with the smallest things; The law does not concern itself with trifles
de lege ferenda = from law to be passed; what the law should be
de lege lata = from law passed; by law in force; the law as it exists
de minimus non curat lex = The law does not bother with the smallest things; The law does not concern itself with trifles
ex gratia = from grace; from kindness: (without legal obligation)
ex libris = from the library; from the books
ex officio = by right of office; from the office
Ex Parte = by a party: An ex parte application is when an apllpication is made to the Court during proceedings by one party in the absence of another or without notifying the other party
Ex Post Facto = by a subsequent act: Something that occurs after the event but also have a retrospective effect
factum - an act; a deed
ex libris = from the library; from the books
ex officio = by right of office; from the office
Ex Parte = by a party: An ex parte application is when an apllpication is made to the Court during proceedings by one party in the absence of another or without notifying the other party
Ex Post Facto = by a subsequent act: Something that occurs after the event but also have a retrospective effect
factum - an act; a deed
fides = faith
fiducia = trust
habeas corpus = You (shall) have the body; Produce the body: a court order instructing that a person under arrest be brought before a judge; A document or instruction which directs a person to produce someone held in custody before the court; legal action to seek relief from unlawful detention. It is a legal instrument to protect the individual against arbitrary state action.
fiducia = trust
habeas corpus = You (shall) have the body; Produce the body: a court order instructing that a person under arrest be brought before a judge; A document or instruction which directs a person to produce someone held in custody before the court; legal action to seek relief from unlawful detention. It is a legal instrument to protect the individual against arbitrary state action.
Ignorantia Juris non excusat = Ignorance of the law is no excuse: When committing an offence guilty parties cannot use as a defence the fact that they did not know that they were breaking the law
In Personam = Against the person: Proceedings issued against a specific person: Proceedings issued with reference to a specific person: an "admiralty action" in personam would be issued against the owner of a ship
inter alia = among other things: The details given are only an extract from the whole
Ipso Facto = By the fact: The dependance upon facts that together prove a point
mala fide/mala fides = bad faith; in bad faith.
mea culpa = my fault, or my own fault
mea maxima culpa = my big mistake; my most grievous fault
mens rea = guilty mind: The intention to commit an offence whilst knowing it to be wrong or against the law
mala fide/mala fides = bad faith; in bad faith.
mea culpa = my fault, or my own fault
mea maxima culpa = my big mistake; my most grievous fault
mens rea = guilty mind: The intention to commit an offence whilst knowing it to be wrong or against the law
onus probandi = burden of proof
opinio juris = an opinion of law
opinio juris = an opinion of law
persona non grata = person not allowed; unacceptable person; unwelcome person
Prima Facie = First sight: Prima Facie evidence would be considered enough/sufficient to prove a case unless disproved or rejected; if no Prima Facie evidence can be shown or offered, there is no case to answer/continue
pro bono or pro bono publico = for the public good; The term is generally used to describe legal representation undertaken voluntarily and without payment as a public service. Pro bono service uses the specific skills of professionals to provide services to those who are unable to afford them.
quid pro quo = something for something; a favour given or expected in return for something; tit for tat
res iudicata/res judicata = a matter already judged; A thing ajudged: Once a case has been finally decided upon by a Court the decision stands, the same parties cannot attempt to raise the issue again, by or during further proceedings
res nullius = nobody's thing
res publica = public issue; public matter
pro bono or pro bono publico = for the public good; The term is generally used to describe legal representation undertaken voluntarily and without payment as a public service. Pro bono service uses the specific skills of professionals to provide services to those who are unable to afford them.
quid pro quo = something for something; a favour given or expected in return for something; tit for tat
res iudicata/res judicata = a matter already judged; A thing ajudged: Once a case has been finally decided upon by a Court the decision stands, the same parties cannot attempt to raise the issue again, by or during further proceedings
res nullius = nobody's thing
res publica = public issue; public matter
restitutio in integrum = restoration to original condition
tabula rasa = blank slate; plank paper; blank mind
ultra vires = beyond the powers: An act that falls outside or beyond the jurisdiction of the court: Opposite: intra vires = within the powers.
veto = I forbid
vis major = an act of God; a superior force
