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214 terms

CLA Legal Terminology - Latin Terms

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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
adversus
against
aggregatio menium
meeting of minds
alias dictus
otherwise called, also known as
alibi
in another place, elsewhere
aliunde
from another place, from without
alter ego
the other self
amicus curiae
friend of the 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
cestui
beneficiaries
cestui que trust
beneficiaries of the trust
circa
in the area of, about, concerning
compos mentis
of sound mind
consortium
union of lots of 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 (pl., data)
1. a thing given; information
2. 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
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 (pl., errata)
error
et alii
and others
et sequentia
and as follows
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
ictofieri
to be made up, to become
fieri facias
cause to be made (writ directing sheriff to reduce judgment debtor's property to money [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 that it should be tried elsewhere for the convenience of the parties and witnesses
gravis
serious, of importance
habeas corpus
you have the body
habendum clause
that part of deed which begins "to hand and to hold"; defines extent of ownership
honorarium
honorary fee or gift; compensation from gratitute
idem
the same as above
idem sonans
having the same sound
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, one charged with 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) distringuished from those against a person
in specie
in the same or in similar form
instanter
immediately
inter alia, inter alios
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 proven
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 devine right
jure uxoris
in his wife's right
jus (pl. jura)
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
just 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, as in a lis pendens filed with real estate records to notify the world that the real estate is involved in litigation
locus delicti
the place of the crime or of the tort
locus sigilli (L.S.)
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 in criminal by statute (failure to file a report), though no wrong in themselves (theft)
mala animo
with evil intent
madamus
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 (mens rea)
nil debet
he owns nothing
nil
nothing; of no account
nihil dicit
he says nothing, as in a default judgment against a defendant who does not raise a defense in the action
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 nunc pro tunc 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 (pl., opera)
work, labor
ore tenus
by word of mouth, orally, as in a motion ore tenus
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 shoudl 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 in a contract)
quo warranto
by the right or authority
res
thing, object, subject matter
res gestae
things dones, 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)
scire facias
cause to know, give notice (writ used to revive a judgment that has expired [dormant])
scintilla
a spark, the least particle
secundum
according to
se defendendo
in self-defense
semper
always
seriatim
severally, separately
sic
thus, so, in such matter (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 silentio
under silence, without any notice being taken
sui generis
of its own kind or class, the only one of a 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, beyong the powers of
venire facias
that you cause to come, a type of summons
versus
against
videlicet (viz.)
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