Term or Literal

Definition and use

phrase translation

An a fortiori argument is an "argument from a stronger reason", meaning

a fortiori from stronger that, because one fact is true, a second (related and included) fact must
also be true.

from table and

a mensa et thoro Divorce a mensa et thoro indicates legal separation without legal divorce.
bed

a posteriori from later An argument derived from subsequent event.

a priori from earlier An argument derived from previous event.

Regarding a court below in an appeal, either a court of first instance or an

a quo from which
appellate court, known as the court a quo.

Concerning a case, a person may have received some funding from a 3rd
ab extra from outside
party. This funding may have been considered ab extra.

from the "Commonly used referring to the time a contract, statute, marriage, or deed
ab initio
beginning become legal. e.g The couple was covered ab initio by her health policy."[1]

"Presenting the negative portion of a plea when pleading at common by way

absque hoc without this
a special traverse."[1]

actus reus guilty act Part of what proves criminal liability (with mens rea).

Abbreviated from Cuius est solum eius est usque ad coelum et ad

infernos which translates to "[for] whoever owns [the] soil, [it] is his all the
ad coelum to the sky
way [up] to Heaven and [down] to Hell." The principle that the owner of a
parcel of land also owns the air above and the ground below the parcel.

ad colligenda to collect the

bona goods

Generally signifies a solution designed for a specific problem or task, non-

ad hoc for this
generalizable, and not intended to be able to be adapted to other purposes.
ad hominem at the person Attacking an opponent's character rather than answering his argument.

to the same
ad idem In agreement.
thing

ad infinitum to infinity To continue forever.

Describes those designated to represent parties deemed incapable of

ad litem for the case
representing themselves, such as a child or incapacitated adult.

ad quod according to Used in tort law. Implies that the reward or penalty ought to correspond to
damnum the harm the damage suffered or inflicted.

according to
ad valorem
value

adjournment adjournment
When an assembly adjourns without setting a date for its next meeting.
sine die without a day

affidavit he has sworn A formal statement of fact.

alter ego another I A second identity living within a person.

friend of the
amicus curiae A person who offers information to a court regarding a case before it.
court

animus contractual
Intention to contract.
contrahendi intent

The subjective state of mind of the author of a crime, with reference to the
intention to
animus nocendi exact knowledge of illegal content of his behaviour, and of its possible
harm
consequences.

animus intention to "In order to claim possessory rights, an individual must establish physical
possidendi possess control of the res and the intention to possess (i.e. animus possidendi)"[2]

animus intention to "Wild animals, such as bees and homing pigeons, that by habit go 'home' to
revertendi return their possessor. Used when discussing ferae naturae."[2]
 “An antenuptial agreement is a contract between two people that is
ante before
executed before marriage.”

for the sake of

(in) arguendo
argument

bona fide in good faith Implies sincere good intention regardless of outcome.

ownerless
bona vacantia
goods

the question Indicates that a settlement to a dispute or issue has been reached, and the
Cadit quaestio
falls issue is now resolved.

Casus belli case of war The justification for acts of war.

Caveat May he beware When used by itself, refers to a qualification, or warning.

In addition to the general warning, also refers to a legal doctrine wherein a

Let the buyer
Caveat emptor buyer could not get relief from a seller for defects present on property which
beware
rendered it unfit for use.

Certiorari to be apprised A type of writ seeking judicial review.

with other
Ceteris paribus things the More commonly rendered in English as "All other things being equal."
same

having
Of sound mind. Also used in the negative "Non compos mentis", meaning
compos mentis command of
"Not of sound mind".
mind

A condition
condicio sine
without which it An indispensable and essential action, condition, or ingredient.
qua non
could not be

Meeting of the minds, mutual assent, or concurrence of wills. Parties must

consensus ad agreement to
be of one mind and their promises must relate to the same subject or
idem the same
object[3] Also consensus in idem.
 Used in case citations to indicate that the cited source directly contradicts
contra against
the point being made.

Used when a court or tribunal hands down a decision that is contrary to the
contra legem against the law
laws of the governing state.

contradictio in contradiction in
A contradiction in terms.
adjecto itself

Used in contract law to stipulate that an ambiguous term in a contract shall

contra against the one be interpreted against the interests of the party that insisted upon the term's
proferentem bringing forth inclusion. Prevents the intentional additions of ambiguous terminology from
being exploited by the party who insisted on its inclusion.

coram non before one who Refers to a legal proceeding without a judge, or with a judge who does not
judice is not a judge have proper jurisdiction.

body of the A person cannot be convicted of a crime, unless it can be proven that the
corpus delicti
crime crime was even committed.

corpus juris body of law The complete collection of laws of a particular jurisdiction or court.

corpus juris body of civil The complete collection of civil laws of a particular jurisdiction or court. Also
civilis law sometimes used to refer to the Code of Justinian.

corpus juris body of the law

The complete collection of international law.
gentium of nations

corpus juris An encyclopedia of US law drawn from US Federal and State court
secundum decisions.

crime of
crimen falsi Forgery.
falsifying

Suggests that the perpetrator(s) of a crime can often be found by

as a benefit to
cui bono investigating those who would have benefited financially from the crime,
whom?
even if it is not immediately obvious.
de bonis carrying goods Specifies that larceny was taking place in addition to any other crime
asportatis away named. E.g. "trespass de bonis asportatis".

Complete annihilation of a warring party, bringing about the end of the

debellatio warring down
conflict.

Assets of an estate remaining after the death (or removal) of the designated
de bonis non of goods not
estate administrator. An "administrator de bonis non administratis" will then
administratis administered
be appointed to dispose of these goods.

Generally refers to a type of labor in which the worker is paid fully at the
de die in diem from day to day
completion of each day's work.

Literally "from fact"; often used to mean something that is true in practice,
de facto in fact but has not been officially instituted or endorsed. "For all intents and
purposes". Cf. de jure.

concerning the
de futuro At a future date.
future

concerning the
de integro Often used to mean "start it all over", in the context of "repeat de integro".
whole

according to Literally "from law"; something that is established in law, whether or not it is
de jure
law true in general practice. Cf. de facto.

of the law as it Used in the context of "how the law should be", such as for proposed
de lege ferenda
should be legislation.

of the law as it Concerning the law as it exists, without consideration of how things should
de lege lata
is be.

about the
de minimis Various legal areas concerning small amounts or small degrees.
smallest things

Of the dead,
de mortuis nil Social convention that it is inappropriate to speak ill of the recently
[speak] nothing
nisi bonum deceased, even if they were an enemy.
unless good
 Often used in the context of "trial de novo" – a new trial ordered when the
de novo anew
previous one failed to reach a conclusion.

The gods take

deorum injuriae
care of injuries Blasphemy is a crime against the State, rather than against God.
diis curae
to the gods

A statement given some weight or consideration due to the respect given

dictum (thing) said
the person making it.

incapable of Presumption that young children or persons with diminished mental

doli incapax
guilt capacity cannot form the intent to commit a crime.

dolus specialis Specific deceit Heavily used in the context of genocide in international law.

Tame or domesticated animal. Also called mansuetae naturae. Opposite

domitae naturae tame by nature
of ferae naturae (below)

Gift causa mortis; "The donor, contemplating imminent death, declares

donatio mortis words of present gifting and delivers the gift to the donee or someone who
deathbed gift
causa clearly takes possession on behalf of the donee. The gift becomes effective
at death but remains revocable until that time."[2]

dramatis persons of the

personae drama

A "subpoena duces tecum" is a summons to produce physical evidence for

duces tecum bring with you
a trial.

Known as a "canon of construction", it states that when a limited list of

of the same specific things also includes a more general class, that the scope of that
ejusdem generis
class more general class shall be limited to other items more like the specific
items in the list.

eo nomine by that name

erga omnes towards all Refers to rights or obligations that are owed towards all.

ergo therefore
 having been
erratum
made in error

et al. and others Abbreviation of et alii, meaning "and others".

and other
et cetera Generally used in the sense of "and so forth".
things

Abbreviation of et sequens, meaning "and the following ones". Used in

and the
et seq. citations to indicate that the cited portion extends to the pages following the
following things
cited page.

et uxor and wife Usually used instead of naming a man's wife as a party in a case.

et vir and husband Usually used instead of naming a woman's husband as a party in a case.

Usually defined as "what is right and good." Used to describe the power of a
ex aequo et of equity and judge or arbiter to consider only what is fair and good for the specific case,
bono [the] good and not necessarily what the law may require. In courts, usually only done if
all parties agree.

Essentially meaning "before the event", usually used when forecasting

ex ante of before
future events.

Where chair refers to authority or position. Authority derived from one's

ex cathedra from the chair
position.

from what has

ex concessis been conceded Often used in a "guilt by association" context.
already

from a
ex delicto The consequence of a crime or tort.
transgression

from a part of the title of the old action of ejectment

ex demissione
transgression Jones v. Doe ex dem. Smith

If a contract is blatantly and obviously incorrect or illegal, it can be

ex facie on the face
considered void ex facie without any further analysis or arguments.
 good business
ex fida bona
norms

Something done voluntarily and with no expectation of a legal liability

ex gratia by favor
arising therefrom.

ex officio from the office Something done or realized by the fact of holding an office or position.

from [for] one A decision reached, or case brought, by or for one party without the other
ex parte
party party being present.

ex post from after Based on knowledge of the past.

from a thing
ex post facto Commonly said as "after the fact."
done afterward

ex post facto A retroactive law. E.g. a law that makes illegal an act that was not illegal
law when it was done.

by [one's] own
ex proprio motu Commonly spoken as "by one's own accord."
motion

[arising] out of
Abbreviation of ex relatione. Used when the government brings a case that
ex rel the narration
arises from the information conveyed to it by a third party ("relator").
[of the relator]

for the sake of

exempli gratia Usually abbreviated "e.g.".
example

Term used in contract law to specify terms that are voided or confirmed in
ex tunc from then
effect from the execution of the contract. Cf. ex nunc.

Term used in contract law to specify terms that are voided or confirmed in
ex nunc from now on effect only in the future and not prior to the contract, or its adjudication.
Cf. ex tunc.

Refers to things that are currently existing at a given point, rather than
extant existing
things that are no longer so.
 1. an assured statement made; 2. completion of a will and all its parts to
factum deed make it valid and legal; 3). book of facts and law presented in a Canadian
court.

A type of contract wherein one party agrees to do work for the other, in
I do, that you
facio ut facias order that the second party can then perform some work for the first in
may do
exchange.

favor of the A concept in treaty law that prefers the maintaining of a contract over letting
favor contractus
contract it expire for purely procedural reasons.

A suicide. This archaic term stems from English common law, where suicide
felo de se felon of himself was legally a felony, thus a person who committed suicide was treated as a
felon for purposes of estate disposal.

wild animals by Wild animals residing on unowned property do not belong to any party in a
ferae naturae
nature dispute on the land. Opposite of domitae naturae(above).

fiat Let it be done. A warrant issued by a judge for some legal proceedings.

May you cause A writ ordering the local law enforcement to ensure that damages awarded
fieri facias
to be done. by the court are properly recovered. A writ of execution.

fortis strong
attachiamentum, attachment, the When determining whether a chattel is a fixture: "size doesn't matter, how
validior stronger much or degree chattel is attached to 'land' and to 'what' "
praesumptionem presumption

forum non disagreeable A concept wherein a court refuses to hear a particular matter, citing a more
conveniens forum appropriate forum for the issue to be decided.

smoke of a
fumus boni iuris Refers to having a sufficient legal basis to bring legal action.
good right

having
A person, court, statute, or legal document that has no legal authority,
functus officio performed his
because its original legal purpose has been fulfilled.
office

things weighing
gravamen The basic element or complaint of a lawsuit.
down
 An independent party appointed in family law disputes to represent parties
guardian ad guardian for
that cannot represent themselves, such as minors, developmentally
litem the case
disabled, or elderly.

A writ used to challenge the legality of detention. Orders the detaining party
May you have
habeas corpus to "have the (living) body" of the detained brought before the court where
the body.
the detention will be investigated.

hostis humani enemy of the

A party considered to be the enemy of all nations, such as maritime pirates.
generis human race

Let it be An authorization for a document to be printed. Used in the context of

imprimatur
printed. approval by a religious body or other censoring authority.

A legal proceeding conducted without the presence of one party is said to

in absentia in absence be conducted in absentia, e.g., trial in absentia or being sentenced in
absentia.

in articulo at the moment Often used in probate law, as well as for testimony in the sense of a dying
mortis of death declaration.

in camera in the chamber Conducted in private, or in secret. The opposite of in open court.

in curia in court Conducted in open court. The opposite of in camera.

in esse in existence Actually existing in reality. Opposite of in posse.

In extended form, or at full length. Often used to refer to publication of

in extenso in the extended
documents, where it means the full unabridged document is published.

in extremis in the extreme In extreme circumstances. Often used to refer to "at the point of death."

Caught in the actual act of committing a crime. Often used as

in flagrante in blazing
a euphemism for a couple caught in the act of sexual intercourse, though it
delicto offense
technically refers to being "caught in the act" of any misdeed.

in forma in the manner

Someone unable to afford the costs associated with a legal proceeding. As
pauperis of a pauper
this will not be a barrier to seeking justice, such persons are given in forma
 pauperis status (usually abbreviated IFP), wherein most costs are waived or
substantially reduced.

Refers to things to come, or things that may occur later but are not so now.
in futuro in the future
As in in futuro debts, i.e. debts which become due and payable in the future.

Used when including text in a complaint verbatim, where its appearance in

in haec verba in these words
that form is germane to the case, or is required to be included.

A motion to a judge in a case that is heard and considered outside the

in limine at the threshold
presence of the jury.

Used to refer to a person or entity assuming the normal parental

in the place of responsibilities for a minor. This can be used in transfers of legal
in loco parentis
a parent guardianship, or in the case of schools or other institutions that act in the
place of the parents on a day-to-day basis.

A type of retroactive law that decriminalizes offenses committed in the past.

in mitius in the milder
Also known as an amnesty law.

Used to mean "in every respect." Something applying to every aspect of a

in omnibus in all
situation.

in equal
in pari delicto Used when both parties to a case are equally at fault.
offense

in the same Refers to a situation where a law or statute may be ambiguous, and similar
in pari materia
matter laws applying to the matter are used to interpret the vague one.

Used in the context of "directed at this particular person", refers to a

in personam in person
judgement or subpoena directed at a specific named individual. Cf. in rem.

in pleno in full

in prope on one's own One who represents themselves in court without the [official] assistance of
persona person an attorney.

in propria in one's own Alternate form of in prope persona. One who represents themselves in court
persona proper person without the [official] assistance of an attorney.
 Used in the title of a decision or comment to identify the matter they are
related to; usually used for a case where the proceeding is in rem or quasi
in the matter
in re in rem and not in personam (e.g. probate or bankrupt estate, guardianship,
[of]
application for laying out a public highway) and occasionally for an ex
parte proceeding (e.g. application for a writ of habeas corpus).

Used in the context of a case against property, as opposed to a particular

in rem about a thing
person. See also in rem jurisdiction. Cf. in personam.

Often used in the context of decisions or rulings about a property or thing

in situ in position
"left in place" after the case as it was before.

in order to A warning or threat to sue, made in the hopes of convincing the other party
in terrorem
frighten to take action to avoid a lawsuit.

in clause "in order A clause in a will that threatens any party who contests the will with being
terroremclause to frighten" disinherited. Also called a no-contest clause.

in toto in total

Often used in copyright notices. Refers to distinctive markings that identify a

indicia indications
piece of intellectual property.

infra below or under

An intimation about someone or something, made indirectly or vaguely

innuendo by nodding suggesting the thing being implied. Often used when the implied thing is
negative or derogatory.

Used to indicate an item cited has been pulled from a larger or more
inter alia among others
complete list.

Refers to contract, debts, or other agreements made between parties who

inter rusticos among rustics
are not legal professionals.

amongst Refers to obligations between members of the same group or party,

inter se
themselves differentiated from the whole party's obligations to another party.
 between the Refers to a gift or other non-sale transfer between living parties. This is in
inter vivos
living contrast to a will, where the transfer takes effect upon one party's death.

intra within

intra fauces within the jaws

This term refers to a nation's territorial waters.
terrae of the land

intra legem within the law Used in various contexts to refer to the legal foundation for a thing.

within the Something done which requires legal authority, and the act is performed
intra vires
powers accordingly. Cf. ultra vires.

He himself said An assertion given undue weight solely by virtue of the person making the
ipse dixit
it. assertion.

ipsissima verba the very words Referring to a document or ruling that is being quoted by another.

Used in the context that one event is a direct and immediate consequence
ipso facto by the fact itself
of another. "In and of itself."

ipso jure the law itself By operation of law.

Appears at the end of an affidavit, where the party making the affirmation
jurat (He) swears signs the oath, and the information on whom the oath was sworn before is
placed.

jus law, right Essentially: law.

Right of survivorship: In property law, on the death of one joint tenant, that
tenant's interest passes automatically to the surviving tenant(s) to hold
right of jointly until the estate is held by a sole tenant. The only way to defeat the
jus accrescendi
survivorship right of survivorship is to sever the joint tenancy during the lifetime of the
parties, the right of survivorship takes priority over a will or interstate
accession rules.[2]

Refers to legalities considered before entering into a war, to ensure it is

jus ad bellum laws to war legal to go to war initially. Not to be confused with ius in bello (q.v.), the
"laws of war" concerning how war is carried out.
jus civile civil law A codified set of laws concerning citizenry, and how the laws apply to them.

Internationally agreed laws that bear no deviation, and do not require

jus cogens compelling law
treaties to be in effect. An example is law prohibiting genocide.

Customary law followed by all nations. Nations being at peace with one
jus gentium law of nations another, without having to have an actual peace treaty in force, would be an
example of this concept.

jus in bello law in war Laws governing the conduct of parties in war.

law between
jus inter gentes Laws governing treaties and international agreements.
the peoples

Laws common to all people, that the average person would find reasonable,
jus naturale natural law
regardless of their nationality.

jus primae right of the first Supposed right of the lord of an estate to take the virginity of women in his
noctis night estate on their wedding night.

Social law concept wherein citizenship of a nation is determined by having

jus sanguinis right of blood
one or both parents being citizens.

Social law concept wherein citizenship of a nation is determined by place of

jus soli right of soil
birth.

Arguments made by a third party in disputes over possession, the intent of

jus tertii law of the third which is to question one of the principal parties' claims of ownership or
rights to ownership.

A situation arising that is not covered by any law. Generally used in

lacunae void, gap International Law, as all countries codify according to their own systems of
law.

Alternate form of jus commune. Refers to common facets of civil law that
lex communis common law
underlie all aspects of the law.

lex lata the law borne The law as it has been enacted.
 The law of the country, state, or locality where the matter under litigation
the law of the
lex loci took place. Usually used in contract law, to determine which laws govern
place
the contract.

Law that specifically codifies something, as opposed to common

lex scripta written law
law or customary law.

An aspect of a unanimous voting system, whereby any member can end

liberum veto free veto
discussion on a proposed law.

A language common to an area that is spoken by all, even if not their

the Frankish mother tongue. Term derives from the name given to a common
lingua franca
language language used by traders in the Mediterranean basin dating from the Middle
Ages.

lawsuit Refers to requesting a legal dispute be heard that is also being heard by
lis alibi pendens elsewhere another court. To avoid possibly contradictory judgements, this request will
pending not be granted.

Often used in the context of public announcements of legal proceedings to

lis pendens suit pending
come. Compare pendente lite (below).

locus place

place of the
locus delicti Shorthand version of Lex locus delcti commissi. The "scene of the crime".
crime

the place in
locus in quo The location where a cause of action arose.
which

locus place of
When one party withdraws from a contract before all parties are bound.
poenitentiae repentance

place of
locus standi The right of a party to appear and be heard before a court.
standing

mala fide (in) bad faith A condition of being fraudulent or deceptive in act or belief.
 Something considered a universal wrong or evil, regardless of the system of
malum in se wrong in itself
laws in effect.

malum prohibited Something wrong or illegal by virtue of it being expressly prohibited, that
prohibitum wrong might not otherwise be so.

A writ issue by a higher court to a lower one, ordering that court or related
mandamus we command officials to perform some administrative duty. Often used in the context of
legal oversight of government agencies.

A body of water under the jurisdiction of a state or nation, to which access is

mare clausum closed sea
not permitted, or is tightly regulated.

A body of water open to all. Typically a synonym for International Waters, or

mare liberum open sea
in other legal parlance, the "High Seas".

One of the requirements for a crime to be committed, the other being actus
mens rea guilty mind reus, the guilt act. This essentially is the basis for the notion that those
without sufficient mental capability cannot be judged guilty of a crime.

manner of A person's particular way of doing things. Used when using behavioral
modus operandi
operation analysis while investigating a crime. Often abbreviated "M.O."

in
mortis causa contemplation Gift or trust that is made in contemplation of death.
of death

mos pro lege custom for law That which is the usual custom has the force of law.

motion at the Motions offered at the start of a trial, often to suppress or pre-allow certain
motion in limine
start evidence or testimony.

having
changed [the A caution to a reader when using one example to illustrate a related but
mutatis
things that] slightly different situation. The caution is that the reader must adapt the
mutandis
needed to be example to change what is needed for it to apply to the new situation.
changed

Shortened version of ne exeat repiblica: "let him not exit the republic". A writ
let him not exit
ne exeat to prevent one party to a dispute from leaving (or being taken) from the
[the republic]
court's jurisdiction.
 He says A judgement rendered in the absence of a plea, or in the event one party
nihil dicit
nothing. refuses to cooperate in the proceedings.

A decree that does not enter into force unless some other specified
nisi unless
condition is met.

nisi prius unless first Refers to the court of original jurisdiction in a given matter.

not to A statement from the prosecution that they are voluntarily discontinuing (or
nolle prosequi
prosecute will not initiate) prosecution of a matter.

I do not wish to A type of plea whereby the defendant neither admits nor denies the charge.
nolo contendere
dispute Commonly interpreted as "No contest."

of a non- In the case where a contract imposes specific obligations on both parties,
non adimpleti
completed one side cannot sue the other for failure to meet their obligations, if the
contractus
contract plaintiff has not themselves met their own.

not in
non compos
possession of Not having mental capacity to perform some legal act
mentis
[one's] mind

Refers to information given by one who is not supposed to give testimony,

non constat It is not certain. such as an attorney bringing up new information that did not come from a
witness. Such information is typically nullified.

A method whereby a signatory to a contract can invalidate it by showing

It is not [my]
non est factum that his signature to the contract was made unintentionally or without full
deed.
understanding of the implications.

He is not Reported by a sheriff on writ when the defendant cannot be found in his
non est inventus
found. county or jurisdiction.

A type of verdict where positive guilt or innocence cannot be determined.

non liquet It is not clear.
Also called "not proven" in legal systems with such verdicts.

non obstante notwithstanding A circumstance where the judge may override the jury verdict and reverse
verdicto the verdict or modify the decision.
 a new action
novus actus A break in causation (and therefore probably liability) because something
coming
interveniens else has happened to remove the causal link.
between

It is known by An ambiguous word or term can be clarified by considering the whole

noscitur a sociis
friends. context in which it is used, without having to define the term itself.

A term used to direct the reader to cautionary or qualifying statements for

nota bene note well
the main text.

An unenforceable promise, due to the absence of consideration or value

nudum pactum naked promise
exchanged for the promise.

Notation made when a defendant has no tangible property available to be

nulla bona no goods
seized in order to comply with a judgement.

nunc pro tunc now for then An action by a court to correct a previous procedural or clerical error.

In law, an observation by a judge on some point of law not directly relevant

a thing said in to the case before him, and thus neither requiring his decision nor serving
obiter dictum
passing as a precedent, but nevertheless of persuasive authority. In general, any
comment, remark or observation made in passing.

onus probandi Burden of proof.

Used to say 'contrary to the opinion of.' It is a polite way of marking a

pace with peace
speaker's disagreement with someone or some body of thought.

par delictum equal fault Used when both parties to a dispute are at fault.

parent of the Refers to the power of the State to act as parent to a child when the legal
parens patriae
nation parents are unable or unwilling.

on equal
pari passu Equal ranking, equal priority (usually referring to creditors).
footing

while the Court orders used to provide relief until the final judgement is rendered.
pendente lite litigation is Commonly used in divorce proceedings. The adverbial form of lis
pending pendens (above).
 Dividing money up strictly and equally according to the number of
per capita by head
beneficiaries

per contra by that against Legal shorthand for "in contrast to".

A decision delivered by a multi-judge panel, such as an appellate court, in

through the
per curiam which the decision is said to be authored by the court itself, instead of
court
situations where those individual judges supporting the decision are named.

per incuriam by their neglect A judgement given without reference to precedent.

per minas through threats Used as a defense, when illegal acts were performed under duress.

per proxima by or through Employed when an adult brings suit on behalf of a minor, who was unable
amici the next friend to maintain an action on his own behalf at common law.

Used in legal documents in the same sense as "whereby". A per

per quod by which quod statement is typically used to show that specific acts had
consequences which form the basis for the legal action.

per se by itself Something that is, as a matter of law.

An estate of a decedent is distributed per stirpes, if each branch of the

per stirpes by branch
family is to receive an equal share of an estate.

periculum in A condition given to support requests for urgent action, such as a protective
danger in delay
mora order or restraining order.

A person who is officially considered unwelcome by a host country in which

persona non unwelcome
they are residing in a diplomatic capacity. The person is typically expelled to
grata person
their home country.

power of the A body of armed citizens pressed into service by legal authority, to keep the
posse comitatus
county peace or pursue a fugitive.

post mortem after death Refers to an autopsy, or as a qualification as to when some event occurred.
post mortem after the Used in reference to intellectual property rights, which usually are based
auctoris author's death around the author's lifetime.

praetor magistrate of The Roman praetor (magistrate) responsible for matters involving non-
peregrinus foreigners Romans.

A matter that appears to be sufficiently based in the evidence as to be

prima facie at first face
considered true.

pro bono for good Professional work done for free.

pro bono for the public

publico good

as a matter of
pro forma Things done as formalities.
form

Refers to a lawyer who is allowed to participate (only) in a specific case,

pro hac vice for this turn
despite being in a jurisdiction in which he has not been generally admitted.

abbreviation
of propria
Representing oneself, without counsel. Also known as pro
pro per persona,
se representation.
meaning "one's
own person"

A calculation adjusted based on a proportional value relevant to the

calculation. An example would be a tenant being charged a portion of a
pro rata from the rate
month's rent based on having lived there less than a full month. The amount
charged would be proportional to the time occupied.

Representing oneself, without counsel. Also known as pro

pro se for himself
per representation.

A partial payment of an award or claim, based on the defendant's ability to

pro tanto for so much
pay.

abbreviation
of pro tempore,
pro tem Something, such as an office held, that is temporary.
meaning "for
the time being"
 for the time
pro tempore Something, such as an office held, that is temporary.
being

Refers to one representing themselves without the services of a lawyer.

propria persona proper person
Also known as pro per representation.

qua which; as In the capacity of.

The question is raised. Used to declare that a question is being asked in the
quaeritur It is sought.
following verbiage.

Used in legal drafts to call attention to some uncertainty or inconsistency in

quaere query
the material being cited.

quantum how much

In contract law, a quasi-contractual remedy that permits partial reasonable

payment for an incomplete piece of work (services and/or materials),
assessed proportionately, where no price is established when the request is
as much as it made.[3]
deserves; as
quantum meruit much as she or
he has In contract law, and in particular the requirement for consideration, if no
earned[3] fixed price is agreed upon for the service and/or materials, then one party
would request a reasonable price for the said services and/or materials at
the end of the job. A common example would be a plumber requested to fix
a leak in the middle of the night.[3]

Under Common Law, a remedy to compute reasonable damages when a

contract has been breached – the implied promise of payment of a
reasonable price for goods.
as much as
quantum In contract law, for requirements of consideration, reasonable worth for
they were
valebant goods delivered.
worth
Usage: quantum meruit has replaced quantum valebant in
consideration;[3] in the case of contract remedy, quantum valebant is being
used less, and could be considered obsolete.
quasi as if Resembling or being similar to something, without actually being that thing.
abbreviation
of qui tam pro
domino rege
quam pro se
ipso in hac
In a qui tam action, one who assists the prosecution of a case is entitled to
qui tam parte sequitur,
a proportion of any fines or penalties assessed.
meaning "who
pursues in this
action as much
for the king as
himself".
 An equal exchange of goods or services, or of money (or other
quid pro quo this for that
consideration of equal value) for some goods or services.
quo ante as before Returning to a specific state of affairs which preceded some defined action.
by what A request made to someone exercising some power, to show by what legal
quo warranto
warrant right they are exercising that power. A type of writ.
Used to mean "with respect to" some named thing, such as when stating
quoad hoc as to this
what the law is in regards to that named thing.
King or Queen. In British cases, will see R v Freeman meaning Regina
R Rex or Regina
against Freeman. Changes with King or Queen on throne at time.
reason for the The point in a legal proceeding, or the legal precedent so involved, which
ratio decidendi
decision led to the final decision being what it was.
ratio scripta written reason The popular opinion of Roman law, held by those in the Medieval period.
by reason of "Certain rights may arise by virtue of ownership of the soil upon which wild
rationae soli
the soil animals are found."[2]
rebus sic things thus A qualification in a treaty or contract, that allows for nullification in the event
stantibus standing fundamental circumstances change.
reddendo referring solely The canon of construction that in a list of items containing a qualifying
singula singulis to the last phrase at the end, the qualifier refers only to the last item in the list.
thing, matter,
res
issue, affair
Property constructs like airspace and water rights are said to be res
communis – that is, a thing common to all, and that could not be the subject
res communis common to all of ownership. With airspace, the difficulty has been to identify where the fee
simple holder's rights to the heavens end. Water is a bit more defined – it is
common until captured.[2]
Differing meaning depending on what type of law is involved. May refer to
res gestae things done the complete act of a felony, from start to finish, or may refer to statements
given that may be exempt from hearsay rules.
A matter that has been finally adjudicated, meaning no further appeals or
res judicata a matter judged
legal actions by the involved parties is now possible.
Ownerless property or goods. Such property or goods are able and subject
res nullius nobody's thing
to being owned by anybody.
res publica public affair All things subject to concern by the citizenry. The root of the word republic.
res publica Christian public
All things of concern to the worldwide body of Christianity.
christiana affair
respondeat Let the master A concept that the master (e.g. employer) is responsible for the actions of
superior answer. his subordinates (e.g. employees).
scandalum scandal of the Defamation against a peer in British law. Now repealed as a specific
magnatum magnates offense.
Used when offenses or torts were committed with the full awareness of the
scienter knowingly
one so committing.
A writ, directing local officials to officially inform a party of official
scire facias Let them know.
proceedings concerning them.
I have made The official response of the official serving a writ of scire facias, informing
scire feci
known. the court that the writ has been properly delivered.
According to
secundum
the form of the
formam statuti
statute.
 The act of defending one's own person or property, or the well-being or
se defendendo self-defense
property of another.
Describes the process in which the court hears assorted matters in a
specific order. Also refers to an occasion where a multiple-judge panel will
seriatim in series
issue individual opinions from the members, rather than a single ruling from
the entire panel.
Used when the court is adjourning without specifying a date to re-convene.
sine die without day
See also adjournment sine die.
without which, Refers to some essential event or action, without which there can be no
sine qua non
nothing specified consequence.
Used to refer to laws specific to the location where specific property exists,
situs the place
or where an offense or tort was committed.
to stand by
stare decisis [things] The obligation of a judge to stand by a prior precedent.
decided
In contract law, in a case of innocent representation, the injured party is
status quo
the state in entitled to be replaced in statu quo. Note the common usage is status
status quo ante
which quo from the Latin status quo ante, the "state in which before" or "the state
statu quo
of affairs that existed previously."[3]
1) In property law, condominiums has said to occupy stratum many stories
a covering,
about the ground.[2]
from neuter
2) Stratum can also be a societial level made up of individuals with similar
stratum past participle
status of social, cultural or economic nature.
of sternere, to
3) Stratum can refer to classification in an organized system along the lines
spread
of layers, levels, divisions, or similar grouping.
Some action taken by the public prosecutor or another official body, without
of its own
sua sponte the prompting of a plaintiff or another party. (compare ex proprio motu, ex
accord
mero motu which are used for courts).
sub judice under the judge Refers to a matter currently being considered by the court.
subject to Term in contract law that allows limited modifications to a contract after the
sub modo
modification original form has been agreed to by all parties.
Abbreviated sub nom.; used in case citations to indicate that the official
under the
sub nomine name of a case changed during the proceedings, usually after appeal
name
(e.g., rev'd sub nom. and aff'd sub nom.)
A ruling, order, or other court action made without specifically stating the
sub silentio under silence ruling, order, or action. The effect of the ruling or action is implied by related
and subsequent actions, but not specifically stated.
A writ compelling testimony, the production of evidence, or some other
subpoena under penalty
action, under penalty for failure to do so.
subpoena ad under penalty
An order compelling an entity to give oral testimony in a legal matter.
testificandum to be witnessed
subpoena duces bring with you An order compelling an entity to produce physical evidence or witness in a
tecum under penalty legal matter.
false
suggestio falsi A false statement made in the negotiation of a contract.
suggestion
of its own
sui generis Something that is unique amongst a group.
kind/genus
Refers to one legally competent to manage his own affairs. Also spelled sui
sui juris of his own right
iuris.
 of its own Refers to a court or other official agency taking some action on its own
suo motu
motion accord (synonyms: ex proprio motu, ex mero motu). Similar to sua sponte.
A bond tendered by an appellant as surety to the court, requesting a delay
supersedeas refrain from of payment for awards or damages granted, pending the outcome of the
appeal.
Willful concealment of the truth when bound to reveal it, such as withholding
suppression of
suppressio veri details of damage from an auto accident from a prospective buyer of the car
the truth
in that accident.
supra above Used in citations to refer to a previously cited source.
Land that has never been part of a sovereign state, or land which a
terra nullius no one's land
sovereign state has relinquished claim to.
A completely new trial of a matter previously judged. It specifically refers to
trial de novo trial anew a replacement trial for the previous one, and not an appeal of the previous
decision.
trinoda three-knotted Refers to a threefold tax levied on Anglo-Saxon citizens to cover roads,
necessitas need buildings, and the military.
most abundant Concept in contract law specifying that all parties must act with the utmost
uberrima fides
faith good faith.
beyond the An act that requires legal authority to perform, but which is done without
ultra vires
powers obtaining that authority.
universitas totality of
Aggregate of people, body corporate, as in a college, corporation, or state
personarum people
universitas
totality of things Aggregate of things.
rerum
Used to criticize inconsistencies in speech or testimony, as in: one says one
uno flatu in one breath
thing, and in the same breath, says another contradictory thing.
Ancient concept regarding conflicts, wherein all property possessed by the
uti possidetis as you possess parties at the conclusion of the conflict shall remain owned by those parties
unless treaties to the contrary are enacted.
uxor wife Used in documents in place of the wife's name. Usually abbreviated et ux.
Used when considering whether some event or situation is either present or
vel non or not
it is not.
The power of an executive to prevent an action, especially the enactment
veto I forbid.
of legislation.
the other way
vice versa Something that is the same either way.
around
vide see Used in citations to refer the reader to another location.
contraction
of videre licet,
videlicet meaning "it is Used in documents to mean "namely" or "that is". Usually abbreviated viz.
permitted to
see"
abbreviation
viz. Namely.
of videlicet
Term Liter
or al Englis
Definition and use
phras trans h pron
e lation

somethi Accession, i.e. mode of acquisition by creation in which labor and other goods are
accessio ng added to property in such a manner that the identity of the original property is not
added lost (vs. commixtio, specificatio)

busines Express contractual terms that are purely voluntary, optional, and not necessitated
accident
s by the contract’s subject matter. Also called incidentalia (Roman-Dutch law). One
alia
incident of three types of contractual terms, the others being essentialia
negotii
als negotii and naturalia negotii.

ad
by the itemized, e.g. sale ad quantitatem = item sale (e.g. 100 carp, 10,000 lbs. of sugar,
quantitat
quantity 10 casks of corn) (vs. per aversionem)
em

heredita
aditio
ry Entering into the inheritance, i.e. vesting of the inheritance in an heir or will
hereditati
approac beneficiary. See delatio hereditatis.
s
h

Force majeure arising from a man-made inevitable accident (e.g. riots, strikes,
civil war); ex: When H.M.S. Bounty was destroyed by Hurricane Sandy, October
casus fortuitou
29, 2012, casus fortuitus would describe the H.M.S. Bounty being at the wrong
fortuitus s event
place when Hurricane Sandy came up the coast.HMS Bounty Sinks Compare vis
maior (see below).

guarant
cautio de
ee to Security or guarantee that heirs must provide in a case where an absent person’s
restituen
reinstat estate is divided among them (insurance law)
do
e

Assignment, that is, the transfer of rights or benefits.

Parties: Types:
cessio yielding
 cedens ‘cedent’ (= assignor)  cessio in anticipando - assignment of future right or benef
 cessionarius ‘cessionary, cessionee’ (=  cessio in securitatem debiti - assignment of a principal deb
assignee) another debt (the secured debt)
 debitor cessus ‘third-party obligor’

collatio
bringing Hotchpot. Also called collatio inter liberos (Scots law).
bonorum
together
Term Liter
or al Englis
Definition and use
phras trans h pron
e lation

of
goods

Confusion, i.e. acquisition by creation in which fungible solid or liquid goods (and
commixti commin no labor) of different owners intermingle in such a way that the mixture creates a
o gling new thing and can no longer be separately identified, it is owned by the owners in
co-ownership (vs. accessio, specificatio)

Loan for use, i.e. bailment of movable property that is not perishable or
commod consumable to be returned without payment. Parties:

atum
 commodans ‘bailor’
 commodatarius ‘bailee’
communi commu
The aggregate of marital property (or marital estate) under a community
o nity of
property matrimonial regime.
bonorum property
compens
Set-off. Type: compensatio lucri cum damno - set-off of profit and loss
atio
compens
balance
atio Delay in payment or performance on the part of both the debtor and the creditor.
of delay
morae
Merger of counterparty rights in the same person (e.g. debtor-creditor, buyer-
melting
confusio seller, landlord-tenant, etc.), thereby extinguishing an obligation or right.
together
Adverb: confusione.
the
conjuncti
most Next-of-kin. Plural conjunctissimi.
ssimus
joined
contra against
bonos good Contracts so made are generally illegal and unenforceable.
mores morals
Unintentional negligence (in tort). Degrees:

culpa guilt  culpa lata - gross negligence 

 culpa levis - ordinary negligence
 culpa levissima - slight negligence
under
cum benefit As in an heir cum beneficio inventarii, who accepts his/her share in a deceased’s
beneficio of estate after having had an appraisal and estate inventory drawn up, thereby
inventarii inventor separating their share from the whole and limiting their liability.
y
cum with (Louisiana law) as encumbered, i.e. alienated with the encumbrances running with
onere burdens the land.
guardia Curatorship, i.e. legal guardianship under which the ward is totally and
cura 
nship permanently incapable. Compare tutela. Parties are:
Term Liter
or al Englis
Definition and use
phras trans h pron
e lation

 curandus - ward
 curator - guardian (see below)
Guardian under a curatorship (cura). Types are:
guardia 
curator curator ad litem - guardian ad litem 
n
 curator bonis - guardian of the property
 curator personae - guardian of the person
damnum
emerge
emergen Loss actually incurred because of a contractual breach
nt loss
s
damage
damnum
and
et Tortious damages, damages in tort
interest
interesse
s
data certain
Fixed effective date of a contract, i.e. one that cannot be ante- or post-dated
certa date
giving in
datio in Species of accord and satisfaction by transfer or assignment of property in lieu of
paymen
solutum money; kind of in-kind payment, as opposed to a money payment
t
(s)he for
de cujus The deceased, decedent. Short for de cujus successione agitur.
whom...
heredita
delatio
ry
hereditati Falling open of succession. See aditio hereditatis.
transfer
s
al
domicile
domiciliu for
m citandi summo
et ning Address for service or notices (e.g. for contractual purposes).
executan and
di carrying
out
plural,
dominiu
joint
m
and
plurium Joint tenancy.
several
in
owners
solidum
hip
unpartiti
oned
dominiu
and
m pro
undivid Tenancy in common.
parte pro
ed
indiviso
owners
hip
Term Liter
or al Englis
Definition and use
phras trans h pron
e lation

master
dominus
of the Litigant, the client in a lawsuit, as opposed to the lawyer.
litis
case
error in
error in
judgme
iudicand Error of fact and reasoning (vs. error in procedendo)
nt (in
o
court)
procedu
error in
ral error
proceden Error on a point of law or procedure (vs. error in iudicando)
(in
do
court)
busines
Express or implied contractual terms that are required either by law or by the
essentali s
contract’s subject matter. One of three types of contractual terms, the others
a negotii essenti
being accidentialia negotii and naturalia negotii.
als
ex
intervalo Not all at once, in parts (vs. uno contextu).
temporis
with
ex
one’s Used for firsthand testimony, e.g. testimony ex propriis sensibus (vs. per
propriis
own relationem).
sensibus
senses
falsus
fake
procurato Agent de son tort, officious agent
agent
r
Testamentary trust; a form of substitution (called ‘fideicommissary substitution’) in
which a will beneficiary is instructed in the will to transfer the testamentary gift in
whole or part to a third party. A fideicommissum is created either expressly in a
entrusti will or impliedly through a si sine liberis decesserit clause or through a prohibition
ng to (a against alienation in the will.[4]
fideicom
person’
missum Parties: Types:
s) good
faith.
 fideicommittens ‘grantor’ (= testator)  fideicommissum simplex - one ‘gift-o
 fiduciarius ‘fiduciary’ (= trustee)  fideicommissum multiplex - multiple
 fideicommissarius ‘fideicommissary’ (= beneficiary)  fideicommissum residui - fiduciary c
fideiussio Suretyship.
fructus Emblements; in property law, a co-owner profitng from her or his fructus
industri
industrial industriales is solely responsible for any losses that my occur.[2] (vs. fructus
al fruits
es naturales, see below).
fructus natural Vegetation naturally growing from old roots (as pasturage) or from trees (as timber
naturales fruits or fruit) (vs. fructus industriales, see above).
lying
hereditas
inherita Estate of inheritance before vesting in heirs
iacens
nce
heres Heir. Plural heredes. Types: 
Term Liter
or al Englis
Definition and use
phras trans h pron
e lation

 heredes proximi - closest heirs

 sui heredes necessarii - forced heirs (singular suus heres necessarius)
hypothec
Mortgage
a
in the In the instant case; used when referring to the matter before the court in a case
in casu
case being discussed
Jointly and severally; short for singuli et in solidum. Where a group of persons
in for the
share liability for a debt, such as co-signers to a loan, the debtor can sue a single
solidum whole
party in solidum, that is jointly and severally, to recover the entire amount owed.
inaedifica
building Attachment of movables to land, accession by building
tio
incapab [ɪnˈkap
incapax (Scots law) person not having capacity (mental, legal, or otherwise).
le aks]
indignus unworth Unworthy beneficiary or heir, who is precluded from inheriting because his
(heres) y heir conduct makes him unworthy, in a legal sense, to take in the deceased’s estate.
(Roman-Dutch law) child of 7 years or younger and who therefore has very [ˈinˌfan
infans infant
limited legal capacity. Plural infantes. z]
brought
invecta in and
Tenant’s things brought into the leased premises for his/her temporary use
et illata carried
out
iudex ad
Appellate court or court of last resort (vs. iudex a quo)
quem
iudex a
Lower court from which an appeal originates; originating court (vs. iudex ad quem)
quo
ius (Civil law) Accretion, i.e. right of a will beneficiary to succeed proportionately to a
right of
accresce testamentary gift that another beneficiary in the same will cannot or does not want
accrual
ndi to take.
ius Not actually referring to common law; this term refers to common doctrine and
commo
commun principles of civil law that underlie all aspects of civilian legal systems and that
n law
e formed the basis of medieval Roman law.
ius right of
Right of pursuit, i.e. the creditor’s right to pursue a debt that runs with the land into
perseque followin
the hands of a bona fide purchaser
ndi g
ius right of
praefere preferrin Priority right, i.e. a creditor’s right to rank higher relative to another
ndi g
right to
ius
third- Right of a third-party beneficiary to sue in order to enforce a third-party contract,
quaesitu
party i.e. the opposite of privity of contract.
m tertio
relief
Term Liter
or al Englis
Definition and use
phras trans h pron
e lation

ius right of
retentioni retainin Lien (possessory)
s g
Lesion beyond moiety, i.e. excessive loss or injury used as grounds for setting
laesio unusual
aside a contract; sold for less than half its value or purchased for more than
enormis injury
double
Forfeiture clause for nonperformance of a contract, especially (1) a provision that
lex
cancelli a pledge shall be forfeited if a loan is defaulted, or (2) a condition that money paid
commiss
ng law on a contract of sale shall be forfeited and the sale rescinded if outstanding
oria
payments are defaulted. Also known as a pactum commissorium.
liberandi liberatin As in ‘prescription liberandi causa’, i.e. liberative prescription (aka extinctive
causa g cause prescription), which is the civilian equivalent of a statutory limitation period.
Hire or rental. Types:

locatio leasing  locatio conductio operarum - employment, indentured servitude, and

conducti (and) 
master/slave relationship
o hiring
 locatio conductio operis - hire of service provider or independent contractor
 locatio conductio rei - rental or letting of property
lucrum ceasing Prospective damages or loss of profits that would, because of the contractual
cessans profit breach, have been made in the future
Bilateral agreement for direct representation between a principal and agent.
Compare procuratio. Parties:
mandatu mandat

m e
 mandatarius ‘agent’
 mandator ‘principal’
monstru
monster Child born with severe deformities. Plural monstra.
m
delay of
mora
the one Delay in payment or performance in the part of the creditor or obligor. Also known
accipiend
receivin as mora creditoris.
i
g
Delay in payment or performance in the part of the debtor or the obligee. Also
known as mora debitoris. 2 forms:
delay of
mora
the one 
solvendi  mora solvendi ex re - delay in giving or delivering a thing;
paying
 mora solvendi ex personae - delay in obligations to do or perform personal
service.
busines Express or implied contractual terms that go to the root of a contract’s subject
naturalia
s matter. One of three types of contractual terms, the others being accidentialia
negotii
naturals negotii and essentalia negotii.
nec vi, Neither
nec forceful,
Peacefully, openly, and with the intention to acquire ownership; applies to
clam, nor
acquisitive prescription
nec secretiv
precario e, nor a
Term Liter
or al Englis
Definition and use
phras trans h pron
e lation

tenancy
at will
manage Quasi-contractual obligation arising from good works affecting other people,
negotioru
ment of obliging the benefited party (dominus negotii) to reimburse the gestor for the cost
m gestio
estate that was used in doing good works.
not
non bis twice in Prohibition against double jeopardy. A legal action cannot be brought twice for the [nɔnbis
in idem the same act or offense. inidɛm]
same
new Appeal by way of hearing de novo, i.e. the case is retried with no restrictions of
novum
judgme scope: errors of law are reviewed and new findings of fact are made. (vs. revisio
iudicium
nt prioris instantiae)
If a testator places a prohibition on a testamentary gift but fails to say what should
nudum
naked happen to the gift if the prohibition is contravened, the prohibition is said to be
praecept
precept ‘nude’, i.e. a nudum praeceptum. In other words, the prohibition is of no effect,
um
and the beneficiary will take the gift free from any restrictions.
pactum
agreem Prior contract aimed at concluding another contract, known as the parent or
de
ent to principal contract. Includes binders (in real estate sales), such as a purchase offer
contrahe
contract or an option to sell.
ndo
agreem
pactum
ent to
de non Anti-assignment clause
not
cedendo
yield
pactum
de non
agreem
petendo
ent to Agreement in which one party agrees not to sue the other.
(in
not sue
anticipan
do)
pactum agreem
de ent to
Contract of sale with right of repurchase
retrovend sell
endo back
inherita Bilateral contract concerning succession, usually made between a potential
pactum
nce testator (future decedent) and his/her heir. The most common forms are: (1)
successo
agreem a disclaimer of interest, (2) deed of variation, and (3) family settlement agreement.
rium
ent Plural pacta successoria.
pars owners The three major rights in the bundle of rights making up ownership,
dominii hip part i.e. usus (aka ius utendi), fructus (aka ius fruendi), and abusus (aka ius abutendi).
The head of household, for purposes of considering the rights and responsibilities
thereof. (Civil law) bonus paterfamilias: a standard of care equivalent to the
father of common law ordinary reasonable man. Other degrees of care are:
paterfami
the 
lias
family
 diligens paterfamilias - higher standard of care, greater diligence;
 diligentissimus paterfamilias - highest standard of care, utmost diligence.
Term Liter
or al Englis
Definition and use
phras trans h pron
e lation

penitus
outside Incidental beneficiary or any outside party to a third-party contract (see stipulatio
extraneu
penitent alteri). Plural penitus extranei.
s
(1) description, whereby the surrounding property is used to provide the legal
per by
description of the boundaries of the property; (2) sale per aversionem = bulk sale
aversion turning
(a flock of sheep for $100 - the number of sheep are uncounted) (vs. ad
em away
quantitatum)
per
by Hearsay; used for secondhand, indirect evidence, e.g. testimony per
relatione
relation relationem ‘hearsay testimony’ (vs. ex propriis sensibus). Also called de auditu.
m
pignus pledge Pledge, i.e. a possessory security interest
pleno by full Self-executing, without need of a court order or judicial proceedings; with full right
iure right or authority. Ex: null pleno iure.
more
plus
than Excessive, beyond tolerable; in reference to a nuisance or some other violation of
quam
tolerabl neighbor law.
tolerabile
e
Landed property, tenement of land, especially with respect to an easement
(servitude). 2 types:
praedium estate 
 praedium dominans - dominant estate (aka dominant tenement)
 praedium serviens - servient estate (aka servient tenement)
previou
praeempt s
Right of first refusal
io purchas
e
Legal presumption. Types:
praesum presum

ptio ption  praesumptio iuris tantum - rebuttable presumption
 praesumptio iuris et de iure - irrebuttable or conclusive presumption
praesum
ptio
Presumption of innocence
innocenti
ae
praesum presum
ptio ption of
veritatis truth Presumption of regularity, which attaches to public instruments admissible to
et and prove the truth of their contents.
solemnit solemnit
atis y
pretium
price for
pro Solatium.
pain
doloribus
(Scots law, civil law), usually translated as "prior in time, superior in right", the
prior earlier
principle that someone who registers (a security interest) earlier therefore ranks
tempore in time,
higher than other creditors.
Term Liter
or al Englis
Definition and use
phras trans h pron
e lation

potior stronger
iure in law
Evidence (admissible in a court of law), especially documentary evidence. Types:

 adminiculum (probationis) ‘adminicular evidence’ - evidence adduced in aid or

support of other evidence, which without it is imperfect
 semiplena probatio, probatio semiplena ‘half proof, imperfect proof’ - executed
probatio 
in presence of 1 or no witnesses; includes private instruments
 plena probatio, probatio plena ‘full proof, perfect proof’ - executed in presence
of 2 witnesses; includes public instruments
 probatio probatissima - the highest evidence, referring to testimony under
oath (received into common law but not civil law)
procurati manage Power of attorney, i.e. a unilateral grant of indirect representation by a principal to
o ment an attorney-in-fact. Compare mandatum.
Agent, attorney-in-fact. Types:

 procurator ad causas - attorney employed to assist a litigant in the conduct of

procurato his lawsuit 
r
 procurator ad negotia - attorney assisting his client in transacting other
business
 procurator in rem suam - holder of an irrevocable power of attorney
quaestus
Liberal profession
liberales
(1) Restoration of something, such as a building or damaged property, to its
restitutio total
original condition.
in reinstat
(2) In contract law, when considering breach of contract and remedies, to restore
integrum ement
a party to an original position.[3]
revisio review Appeal by way of re-hearing or pure appeal (aka appeal stricto sensu); the scope
prioris of the is limited to errors of law and no new factual findings are possible; the case is
instantia court traditionally remitted to the originating court below for re-judgment. (vs. novum
e below iudicium)
the
salva rei thing’s Limitation on how a fiduciary can use the fideicommissary assets; ultimately they
substanti substan must maintain their essential quality until transferred to the
a ce fideicommissary.[4] Plural salva rerum substantia. See fideicommissum.
intact
Servitude, i.e. an easement. Plural servitutes.
Types: Sub-types:
servitud
 servitus personarum ‘personal servitude’ (= easement in gross)  servitus itineris - ingres
e,
servitus
subjuga  servitus praediorum ‘praedial servitude’ (= easement appertunant)  servitus ne luminibus o
tion  servitus non altius tolle
 servitus oneris ferendi
 servitus tigni immittend
 servitus viae - right-of-
Term Liter
or al Englis
Definition and use
phras trans h pron
e lation

if (he)
si sine Certain type of clause in a will creating a fideicommissum by imposing a condition
should
liberis on the will beneficiary that if (s)he dies childless, the testamentary gift will transfer
depart
decesser to a third party. Ex: If A dies childless after my death, the farm must go to
without
it B.[4] See fideicommissum.
children
perform
ance of Undue performance or payment, obliging the enrichee (accipiens) to return the
solutio
somethi undue payment or compensate the impoverishee (solvens) for the undue
indebiti
ng not performance
due
Specification, i.e. acquisition by creation wherein something new is made by
specificat
adding labor (manufacturing) to property, and the non-reducible parts used for its
io
fabrication lose their identity (vs. accessio, commixtio)
stante
matrimon During the marriage
io
another’ Third-party contract. Also known as pactum in favorem tertii (Scots law). The
s parties are:
stipulatio (contrac

alteri tual)  promittens ‘promisor’
provisio  stipulans ‘promisee’
n  alteri ‘third-party beneficiary’
Surface right, surface estate. Parties:
superfici
surface 
es  dominus soli ‘subsurface owner, mineral owner’
 superficiarius ‘surface owner’
thus
tantum et (Scots law) "as is", to disclaim implied warranties, as in to purchase or convey
and
tale something tantum et tale.
such
transacti transact
Out-of-court settlement
o ion
Tutorship, i.e. legal guardianship under which the ward is only partially or
temporarily incapable. Compare cura. Parties are
guardia
tutela 
nship
 pupillus - ward
 tutor - guardian
single Contemporaneously; when the phases of something are done without interruption
uno
joining or any intervening action; specifically, executed in one single execution ceremony
contextu
together (vs. ex intervalo temporis)
seizure Acquisitive prescription, i.e. the civilian version of adverse possession. Also called
usucapio
of use ‘prescription acquirendi causa’.
Civilian equivalent of a life estate. Parties:
usufructu
use-fruit 
s  nudus dominus ‘bare owner’ (= remainderman, reversioner)
 usufructuarius ‘usufructuary’ (= life tenant)
Term Liter
or al Englis
Definition and use
phras trans h pron
e lation

via Non-judicial foreclosure under a power of sale clause in a mortgage; more

executo
executori broadly, any non-judicial remedy empowered under a contractual clause or some
rial way
a other instrument
way of
via iure Using the courts and the justice system (opposite of self-help)
law
the
vinculum
chain of A legal bond, especially the bond tying obligor and obligee in a legal obligation
iuris
the law
Force majeure arising from an act of God, i.e. events over which no humans
superior
vis maior have control, and so cannot be held responsible. Compare casus fortuitus (see
force
above).
vitium in vice in
Vitiating factor in the formation of a contract, e.g. mistake, misrepresentation,
contrahe contract
and duress.
ndo ing
voluntatis
declarati Declaration of will
o