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To find a particular LATIN TERM, click on one of the following letters:
A | B | C | D | E | F | H | I | L | M | N | O | P | Q | R | S | U | V
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links
LII lexicon http://www.law.cornell.edu/lexicon/lexicon.html
Law.com Dictionary http://dictionary.law.com/
Tech Law Journal Glossary http://www.techlawjournal.com/ has glossary,
available thru google
Answers.com http://www.answers.com/
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| A |
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| Actus Reus |
GUILTY ACT |
The offence of which the defendant is accused |
| Ad Colligenda Bona |
TO COLLECT THE GOODS |
A temporary order for the administration of an estate
of a deceased person used when the estate is of a perishable nature |
| Ad Hoc |
FOR THIS PURPOSE |
Ad Hoc decisions are made as and when a situation
demands:- Ad Hoc
committees are formed to address a particular issue - Ad Hoc meetings
would take place to discuss specific matters |
| Ad Idem |
OF SAME MIND |
ie as one; agreed eg the parties are ad idem on this
point |
| Ad Infinitum |
WITHOUT LIMIT |
Describes an event apparently continuing without end |
| Ad Litem |
FOR THE SUIT |
Denotes a temporary appointment which continues during
legal proceedings ie Guardian Ad Litem |
| Amicus Curiae |
A FRIEND OF THE COURT |
A neutral party who does not represent any individual
party in the
case who will be asked by the Court to make representations from an
independent viewpoint |
| Ante |
BEFORE |
An indication within text to refer to an earlier
passage |
| Attachment of assets pendente
lite |
During the suit While
litigation continues |
Attachment of assets while suite
proceeds to preserve assets for possible judgement
|
|
| B |
|
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| Bona Fide |
IN GOOD FAITH |
A Bona Fide Agreement is one entered into genuinely
without attempt to fraud |
| Bona Vacantia |
|
Denotes the absence of any known person entitled to the
estate of a deceased person |
|
| C |
|
|
| Caveat |
BEWARE/TAKE CARE |
An entry in the court records that effectively prevents
action by
another party without first notifying the party entering the Caveat |
| Compos Mentis |
OF SOUND MIND |
Legally fit to conduct/defend proceedings |
| Cor (Coram) |
IN THE PRESENCE OF |
|
| certiorari |
to be informed of, or to be made
certain in
regard to |
The U.S.
Supreme Court still uses the term certiorari in the context of appeals |
|
| D |
|
|
| De Bonis Non Administratis |
OF GOODS NOT ADMINISTERED |
A person appointed to administer an estate following
the death of the original administrator |
| De Facto - |
IN FACT |
"As a matter of fact" |
| De Jure |
BY RIGHT |
|
| Doli Incapax |
|
Incapable of crime |
| Duces Tecum |
BRING WITH YOU |
Order to produce document to court |
|
| E |
|
|
| Erratum |
AN ERROR |
|
| Exempli Gratia (eg) |
FOR EXAMPLE - |
Used when qualifying a statement by explaining through
a relevant example |
| Ex Gratia |
AS A MATTER OF FAVOUR |
An Ex Gratia payment would be awarded without the
acceptance of any liability or blame |
| Ex Officio |
BY VIRTUE OF HIS OFFICE |
A magistrate sitting with a judge at the Crown Court
would appear
ex officio in a case where no judicial function is to be exercised by
the magistrate eg case committed to Crown Court for sentence only |
| Ex Parte |
BY A PARTY |
An ex parte application 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
having a retrospective effect |
|
| F |
|
|
| Forum Conveniens |
AT A CONVENIENT PLACE |
A Court having jurisdiction in a particular case |
| Functus Officio |
HAVING DISCHARGED DUTY |
A judicial or official person prevented from taking a
matter further because of limitation by certain regulations |
|
| H |
|
|
| Habeas Corpus |
PRODUCE THE BODY |
A writ which directs a person to produce someone held
in custody before the court |
|
| I |
|
|
Ibid
|
IN THE SAME PLACE |
Used in text to refer to a page previously mentioned |
| Id Est (ie) - |
THAT IS TO SAY |
Used as a description to explain a statement |
| Ignorantia Juris non excusat - |
IGNORANCE OF THE LAW IS NO EXCUSE |
If committing an offence a guilty party cannot use as a
defence the
fact that they did so without knowledge that they were breaking the law |
| In Camera |
IN THE CHAMBER |
The hearing of a case in private without the facts
being reported to the public |
| In Curia |
IN OPEN COURT |
The hearing of a case before a court sitting in public |
In Limine
|
AT THE OUTSET, ON THE THRESHOLD
|
Motion in Limine. Pre
trial motions
|
| In Personam |
AGAINST THE PERSON |
Proceedings issued against or with reference to a
specific person -
an admiralty action in personam would be issued against the owner of a
ship |
| In Re |
IN THE MATTER OF |
A heading in legal documents which introduces the title
of the proceedings |
| In Rem |
AGAINST THE MATTER |
Proceedings issued or directed against property as
opposed to a
specific person - an admiralty action in rem would be issued against
the ship itself |
| Inter Alia |
AMONG OTHER THINGS |
Indicates that the details given are only an extract
from the whole |
| In Situ |
IN ITS ORIGINAL SITUATION |
|
| Intra |
WITHIN |
|
| Intra Vires (See Ultra Vires) |
WITHIN THE POWER OF |
An act that falls within the Jurisdiction of the Court |
| Ipso Facto |
BY THE FACT |
The reliance upon facts that together prove a point |
|
| L |
|
|
| LACHES |
LACHES, DOCTRINE OF - Based
on the maxim that equity aids the
vigilant and not those who procrastinate regarding their rights |
Neglect to assert a
right or claim that, together with lapse of time
and other circumstances, prejudices an adverse party. Neglecting to do
what should or could, have been done to assert a claim or right for an
unreasonable and unjustified time causing disadvantage to another.
Laches is similar to 'statute of limitations' except is equitable
rather than statutory and is a common affirmative defense raised in
civil actions.
Laches is derived from the French 'lecher' and is nearly synonymous
with negligence.
In general, when a party has been guilty of laches in enforcing his
right by great delay and lapse of time, this circumstance will at
common law prejudice and sometimes operate in bar of a remedy which is
discretionary for the court to afford. In courts of equity delay will
also generally be prejudicial.
But laches may be excused from ignorance of the party's rights; from
the obscurity of the transaction; by the pendency of a suit, and; where
the party labors under a legal disability, as insanity, infancy and the
like. |
| Locus in quo |
THE PLACE IN WHICH |
during proceedings may be used as reference to subject
matter ie scene of accident |
|
| M |
|
|
| Mens Rea |
GUILTY MIND |
The intention to commit an offence whilst knowing it to
be wrong |
| Mutatis Mutandis - |
THE NECESSARY CHANGES BEING MADE |
Denotes that instructions should not be followed
verbatim but by amending where necessary |
|
| N |
|
|
| Non Compos Mentis |
NOT SOUND IN MIND |
A person classed as unfit to conduct/defend legal
proceedings |
| Nota Bene (nb) |
NOTE WELL |
An abbreviation denoting that the reader of an article
should make a particular note of the article mentioned. |
| Nulla Bona |
NO EFFECTS |
A return entered by a Sheriff to a High Court writ of
execution
which indicates the defendant had no goods of any value to remove |
|
Nolo Contendre
|
"no
contest" |
A
plea of no contest allowing a conviction to be found without trial or
admission of guilt |
|
| O |
|
|
| Obiter Dictum |
A SAYING BY THE WAY |
Words said in passing by a Judge on a legal point but
not constituting part of the evidence or judgment |
|
| P |
|
|
| Per |
AS STATED BY |
|
| Per Capita |
BY HEADS |
eg the cost is £50 per capita - £50 each
person |
| Per Pro (pp) |
THROUGH ANOTHER |
A person delegated to act for another |
| Per Se |
BY ITSELF |
Denoting that the topic should be taken alone |
Pro Hac Vice
|
FOR THIS OCCASION
|
used when lawyers may not be
eligible to practice before a court, but will be (out of state
responding in another state)
|
| Post |
AFTER |
An indication to refer to something to be found further
on |
| Prima Facie |
FIRST SIGHT |
Prima Facie evidence would be considered sufficient to
prove a case
unless disproved - if no Prima Facie evidence can be offered there is
no case to answer |
| Pro Forma |
A MATTER OF FORM |
Pro Forma procedure is performed subject to and
following an agreed manner |
| Pro Rata |
IN PROPORTION |
Dividends distributed on a Pro Rata basis would be
according to the amount of investment |
| Pro Tempore (Pro Tem) |
FOR THE TIME BEING - |
Temporarily |
|
| Q |
|
|
| Quasi |
AS IF |
Any person exercising powers similar to those of a
judge would be sitting in a Quasi-Judicial capacity |
|
| R |
|
|
| Ratio Decidendi |
|
The principles of law applied by a Court upon which a
judicial decision is based |
| Res Judicata |
A THING ADJUDGED |
Once a case has been finally decided upon by a Court
the same
parties cannot attempt to raise the issue by or during further
proceedings |
| Res Ipsa Loquitur |
THE THING SPEAKS FOR ITSELF |
An event that has occurred which, if the subject of
litigation,
would not require an onus of proof by the plaintiff because of the
obvious negligence of the defendant |
|
| S |
|
|
| Semble |
IT APPEARS |
|
| Sine Die |
WITHOUT A DAY |
A hearing adjourned sine die stands open indefinitely
without a further hearing having been allocated |
| Sub Judice |
IN THE COURSE OF TRIAL |
Whilst a court case is under consideration. Proceedings
are sub-Judice and details cannot be disclosed |
| Subpoena ad Testificum |
TO PRODUCE EVIDENCE |
A writ directed to a person commanding him/her, under a
penalty, to appear before a Court and give evidence
|
|
"UNDER
PENALTY" "TO BRING WITH YOU" |
A type of subpoena, usually
issued at the request of a party, by which a court orders a witness to
produce certain documents at a deposition or trial. However, when one
party wants an opposing party to produce documents, a different
discovery device, called a Request for Production of Documents, is
often used instead |
|
Stare Decisis .
|
"To
abide by decided cases" |
The
doctrine compelling courts to honor the prior decision of courts on the
same issue |
|
| U |
|
|
| Ultra Vires (See Intra Vires) |
BEYOND THE POWER |
An act that falls outside or beyond the jurisdiction of
the court |
|
| V |
|
|
| Videlicet (Viz) |
NAMELY |
Used in text to indicate examples |
Voir dire
|
"to speak the truth." |
French for "to speak the
truth." The process through which potential jurors are questioned by
either the judge or a lawyer to determine their suitability for jury
service. Also the preliminary questioning of witnesses to determine
their competence to testify. See, e.g. Peretz
v. United States, 501 U.S. 923 (1991). |
| WAIVER |
The relinquishment or refusal
to accept of a right. |
In practice it is required of
every one to take advantage of his rights
at a proper time and, neglecting to do so, will be considered as a
waiver. If, for example, a defendant who has been misnamed in the writ
and declaration, pleads over, he cannot afterwards take advantage of
the error by pleading in abatement, for his plea amounts to a waiver.
In seeking for a remedy the party injured may, in some instances, waive
a part of his right, and sue for another; for example, when the
defendant has committed a trespass on the property of the plaintiff, by
taking it away, and afterwards he sells it, the injured party may waive
the trespass, and bring an action of assumpsit for the recovery of the
money thus received by the defendant.
In contracts, if, after knowledge of a supposed fraud, surprise or
mistake, a party performs the agreement in part, he will be considered
as having waived the objection.
It is a rule of the civil law, consonant with reason, that any one may
renounce or waive that which has been established in his favor. |