Latin terms

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ashdaniele  on July 18, 2009

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CLA exam

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CLA Exam Students

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Latin terms

a fortiori
with stronger reason
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Latin

English

a fortiori with stronger reason
a priori from what goes before; from the cause to the effect
ab initio from the beginning
actiones in personam personal actions
ad curiam before the court, to the court
ad damnum clause to the damage, clause of complaint which states plaintiff's monetary loss
ad faciendum to do
ad hoc for this purpose, for this occasion
ad litem for the suit; for the litigation
ad rem to the thing at hand
ad valorem according to the value (a type of tax, for example)
adversus against (defendant vs. plaintiff)
aggregatio menium meeting of minds (relates to formation of contracts)
alias dictus otherwise called, also known as (as in an assumed name)
alibi in another place, elsewhere
aliunde from another place, from without (as in evidence outside the document)
alter ego the other self
amicus curiae friend of the court (a type of brief filed with an appellate court)
animo with intention, disposition, design, will
animus mind, intention
ante litem motam before suit brought, before litigation is filed
arguendo in the course of the argument, for the sake of argument
assumpsit he undertook, he promised
bona fide good faith
capias take, arrest
capita persons, heads
causa mortis by reason of death
caveat beware, a warning
caveat emptor let the buyer beware
certiorari send the pleadings up (from an inferior court to a superior court)
cestui beneficiaries (pronounced "setty")
cestui que trust beneficiaries of the trust
circa in the area of, about, concerning
compos mentis of sound mind
consortium union of lots or chances; conjugal fellowship of husband and wife.
contra against
coram nobis before us ourselves
corpus body
corpus delicti body of the offense; essence of the crime
cum testamento annexo with the will annexed
datum a thing given; information; a date
de facto in fact, in deed, actually
de jure of right, lawful
de novo anew, afresh
de son tort of his own wrong
dies non not a day
duces tecum bring with you (a subpoena whereby a person must appear and bring records)
dum bene se gesserit while he shall conduct himself, during good behavior
e converso conversely, on the other hand
en banc in the bench, all judges present
eo instanti upon the instant
erratum error
et alii and others (as in Smith, et al. v. Jones)
et sequentia and as follows (et. seq.)
et ux and wife
et vir and husband
ex delicto arising from a tort
ex gratia as a matter of favor
ex officio from office, by virtue of his office
ex parte one side only, by or for one party only
ex post facto after the fact
facto in fact, in or by the law
felonice feloniously
fiat let it be done, a short order that a thing be done
fieri to be made up, to become
fieri facias cause to be made (writ directing sheriff to reduce judgment debtor's property to money or sell it for the amount of the judgment).
flagrante delicto in the very act of committing the crime
forum non conveniens discretionary power of a court to decline jurisdiction over a case when the court believes it should be tried elsewhere for convenience of the parties and witnesses.
gravis serious, of importance
habeas corpus you have the body (writ directed to custodian of a person, commanding custodian to produce such person).
habendum clause that part of deed which begins "to have and to hold"; defines extent of ownership.
honorarium honorary fee or gift; compensation from gratitude.
idem the same as above (id.)
idem sonans having the same sound (as names sounding alike but spelled differently).
in curia in court
in esse in being, existence
in forma pauperis permission given to a poor person to sue without liability for court costs
infra beneath; below
in limine at the beginning; threshold
in loco parentis in place of a parent, once charged with a parent's rights and obligations.
in pari delicto in equal fault
in personam personally, against the person
in praesenti at once; now
in re in the matter
in rem proceedings against a thing (a bank account or real estate) distinguished from those against a person.
in specie in the same or in similar form
instanter immediately
inter alia among other things, between other persons
inter se among themselves
inter vivos between the living, from one person to another
in toto in the whole, completely
in transitu in transit
intra within, inside
ipse dixit he himself said it, as an assertion made but not proved
ipso facto by the fact itself
ita est so it is
jura personarum right of a person, rights of persons
jura rerum rights of things
jure divino by divine right
jure uxoris in his wife's right
jus law; right; laws collectively
jus ad rem a right to a thing
jus commune the common law, the common right
jus gentium the law of nations, international law
just habendi the right to have a thing
jus tertii the right of a third party; the rights of another person
levari facias cause to be levied, a writ of execution
lex law
lex loci law of the place where the cause of action arose
lis pendens litigation pending
locus delicti the place of the crime or of the tort
locus sigilli the place for the seal
mala bad
mala fides bad faith
mala in se wrong in itself, an act which is morally wrong
mala praxis malpractice
mala prohibita acts declared criminal by statute, though not wrong in themselves
malo animo with evil intent
mandamus we command, a writ used to compel an official to perform an act which she is required to perform
manu forti with a strong hand, forcible entry
mens rea guilty mind, most crimes require the element of intent
nihil dicit he says nothing, as in a default judgment against a defendant who does not raise a defense in the action
nil nothing; of no account
nil debet he owes nothing
nisi prius unless before (used to distinguish the court where trial was held from the appellate court)
nolle prosequi unwilling to prosecute a crime, prosecutor's discretion not to file charges in a particular case
nolo contendere I will not contest it
non not
non assumpsit plea in defense; that he did not promise
non compos mentis not of sound mind
non est factum it is not his deed
non obstante notwithstanding
non sequitur it does not follow
nota bene (N.B.) note well; take notice
nudum pactum nude pact, bare agreement which lacks the consideration to form a valid contract
nul tort no wrong done
nulla bona no goods (wording used on the return of a writ fieri facias)
nunc pro tunc now for then, as in an order to correct clerical error in a previous order
obiter dictum remark which is not central to the main issue
onus probandi the burden of proof
opus work or labor
ore tenus by word of mouth, orally, as in an oral motion made during trial
pari delicto in equal guilt
pari passu by equal progress, ratably, equitably, without preference
pater familias father of the family
peculium private property
pendens pending
pendente lite pending the suit, during litigation
per annum annual, by the year
per capita by the head, equally shared
per contra in opposition
per curiam by the court
per diem by the day
per se by itself, taken alone
per stirpes by representation, by the roots or stocks for purposes of inheritance
post after, later
post-factum after the fact, after the even
post-obit to take effect after death
praecipe 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 judgment already rendered
prima facie at first sight, on the face of it
pro bono free of charge, without cost
pro forma as a matter of form
pro hac vice for this occasion
pro rata according to the rate or proportion
pro se appearing for oneself; personally
pro tanto for so much, to that extent
pro tempore for the time being, temporarily
prochein ami next friend
publici juris of public right
pur autre vie for or during the life of another
quaere question, doubt
quantum how much, the amount
quare wherefore
quare clausum fregit breaking the close, trespass
quasi as if, as if it were
quid pro quo what for what, something for something (as in consideration for a contract)
quo warranto by what right or authority
res thing, object, subject matter
res gestae things done, excited utterance
res ipsa loquitur the thing speaks for itself
res judicata a thing (matter) adjudged
respondeat superior let the master answer
scienter knowledge, awareness
scilicet to wit, that is to say, namely (SS or ss)
scintilla a spark, the least particle
scire facias cause to know, give notice (writ used to revive a judgment that has expired or become dormant)
secundum according to
se defendendo in self-defense
semper always
seriatim severally, separately
sic thus, so, in such manner (used to indicate an error in original, quoted material)
sigillum a seal
sine without
sine die without a day, without a specific day assigned for a future meeting
sine qua non that without which a thing cannot occur; indispensable condition or part
stare decisis to abide by decided cases
status quo state in which, present state
sua sponte voluntarily, of his own will and motion
sub nomine under the name of, in the name of, under the title of
sub silentio under silence, without any notice being taken
sui generis of its own kind or class, the only one of kind, unique
sui juris of his own right, having legal capacity to act for himself
supersedeas superseding (as in the bond that accompanies a writ commanding a stay of proceedings pending appeal)
supra above, cited in full above
tenere to hold, to keep
terminus a quo the starting point
ultra beyond, in excess of, outside of
ultra vires without power, beyond the powers of
venire facias that you cause to come, a type of summons
versus against (plaintiff v. defendant)
videlicet it is easy to see, that is to say, namely
vi et armis by force and arms
vis-a-vis one who (that which) is face to face with another
vivos living
voir dire to speak the truth, the process used to select jurors

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