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List of Latin legal terms

A number of Latin terms are used in legal terminology and legal maxims. This is a partial list of these "legal Latin" terms, which are
wholly or substantially drawn from Latin.

Common law
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Term or phrase Literal translation Definition and use English pron
An a fortiori argument is an "argument from a stronger
/ˌeɪ fɔːrtiˈoʊraɪ,
a fortiori from bold reason", meaning that, because one fact is true, a
ˌeɪ fɔːrʃiˈoʊraɪ/
second (related and included) fact must also be true.
a mensa et Divorce a mensa et thoro indicates legal separation /ˌeɪ ˈmɛnsə ɛt
from table and bed
thoro without legal divorce. ˈθoʊroʊ/
/ˌeɪ
a posteriori from later An argument derived from subsequent event.
ˌpɒstiːrioʊraɪ/
a priori from earlier An argument derived from previous event. /ˌeɪ praɪoʊraɪ/
Regarding a court below in an appeal, either a court of
a quo from which first instance or an appellate court, known as the court /ˌeɪ ˈkwoʊ/
a quo.
Concerning a case, a person may have received some
ab extra from outside funding from a 3rd party. This funding may have been /ˌæb ˈɛkstrə/
considered ab extra.
"Commonly used referring to the time a contract,
ab initio from the beginning statute, marriage, or deed become legal. e.g The /ˌæb ɪˈnɪʃioʊ/
."[1]
couple was covered ab initio by her health policy
"Presenting the negative portion of a plea when
absque hoc without this [1]
pleading at common by way a special traverse."
actus reus guilty act Part of what proves criminal liability (withmens rea). /ˌæktəs ˈriːəs/
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 way [up] to
ad coelum to the sky /ˌæd ˈsiːləm/
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 goods
bona
Generally signifies a solution designed for a specific
ad hoc for this problem or task, non-generalizable, and not intended /ˌæd ˈhɒk/
to be able to be adapted to other purposes.
Attacking an opponent's character rather than /ˌæd
ad hominem at the person
answering his argument. ˈhɒmɪnɛm/
ad idem to the same thing In agreement. /ˌæd ˈaɪdəm/
/ˌæd
ad infinitum to infinity To continue forever.
ɪnfɪˈnaɪtəm/
Describes those designated to represent parties
ad litem for the case deemed incapable of representing themselves, such as /ˌæd ˈlaɪtɛm/
a child or incapacitated adult.
Used in tort law. Implies that the reward or penalty
ad quod according to the
ought to correspond to the damage suffered or
damnum harm
inflicted.
/ˌæd
ad valorem according to value
vəˈloʊrɛm/
adjournment adjournment without When an assembly adjourns without setting a date for
/ˌsaɪni ˈdaɪi/
sine die a day its next meeting.
affidavit he has sworn A formal statement of fact. /ˌæfɪˈdeɪvɪt/
alter ego another I A second identity living within a person.
A person who offers information to a court regarding a /əˈmaɪkəs
amicus curiae friend of the court
case before it. ˈkjuːrii/
animus contractual intent Intention to contract.
contrahendi
The subjective state of mind of the author of a crime,
animus nocendi intention to harm with reference to the exact knowledge of illegal content
of his behaviour, and of its possible consequences.
"In order to claim possessory rights, an individual must
animus
intention to possess establish physical control of the res and the intention to
possidendi
possess (i.e. animus possidendi)"[2]
"Wild animals, such as bees and homing pigeons, that
animus
intention to return by habit go 'home' to their possessor. Used when
revertendi
discussing ferae naturae."[2]
“An antenuptial agreement is a contract between two
ante before
people that is executed before marriage.”
for the sake of
(in) arguendo
argument
bona fide in good faith Implies sincere good intention regardless of outcome. /ˈboʊnə ˈfaɪdi/
bona vacantia ownerless goods
Indicates that a settlement to a dispute or issue has
Cadit quaestio the question falls
been reached, and the issue is now resolved.
Casus belli case of war The justification for acts of war. /ˈkeɪsəs ˈbɛlaɪ/
When used by itself, refers to a qualification, or
Caveat May he beware
warning.
In addition to the general warning, also refers to a legal
doctrine wherein a buyer could not get relief from a /ˈkæviæt
Caveat emptor Let the buyer beware
seller for defects present on property which rendered it ˈɛmptɔːr/
unfit for use.
/ˌsɜːrʃiəˈreɪraɪ,
Certiorari to be apprised A type of writ seeking judicial review.
ˌsɜːrʃiəˈreɪri/
with other things the More commonly rendered in English as "All other /ˌsɛtərɪs
Ceteris paribus
same things being equal." ˈpærɪbəs/
having command of Of sound mind. Also used in the negative "Non /ˈkɒmpɒs
compos mentis
mind compos mentis", meaning "Not of sound mind". ˈmɛntɪs/
condicio sine A condition without An indispensable and essential action, condition, or
qua non which it could not be ingredient.
Meeting of the minds, mutual assent, or concurrence of
consensus ad agreement to the wills. Parties must be of one mind and their promises
idem same must relate to the same subject or object[3] Also
consensus in idem.
Used in case citations to indicate that the cited source
contra against
directly contradicts the point being made.
Used when a court or tribunal hands down a decision
contra legem against the law
that is contrary to the laws of the governing state.
contradictio in
contradiction in itself A contradiction between parts of an argument.
adjecto
Used in contract law to stipulate that an ambiguous
term in a contract shall be interpreted against the
contra against the one 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 is Refers to a legal proceeding without a judge, or with a
judice not a judge judge who does not have proper jurisdiction.
corpus delicti body of the crime A person cannot be convicted of a crime, unless it can /ˈkɔːrpəs
be proven that the crime was even committed. dɪˈlɪktaɪ/
The complete collection of laws of a particular /ˈkɔːrpəs
corpus juris body of law
jurisdiction or court. ˈdʒuːrɪs/
The complete collection of civil laws of a particular /ˈkɔːrpəs
corpus juris
body of civil law jurisdiction or court. Also sometimes used to refer to ˈdʒuːrɪs
civilis
the Code of Justinian. sɪˈvaɪlɪs/
corpus juris body of the law of
The complete collection of international law
.
gentium nations
corpus juris An encyclopedia of US law drawn from US Federal and
secundum State court decisions.
crimen falsi crime of falsifying Forgery.
Suggests that the perpetrator(s) of a crime can often
as a benefit to be found by investigating those who would have
cui bono
whom? benefited financially from the crime, even if it is not
immediately obvious.
Specifies that larceny was taking place in addition to
de bonis
carrying goods away any other crime named. E.g. "trespass de bonis
asportatis
asportatis".
Complete annihilation of a warring party
, bringing about
debellatio warring down
the end of the conflict.
Assets of an estate remaining after the death (or
de bonis non of goods not removal) of the designated estate administrator . An
administratis administered "administrator de bonis non administratis" will then be
appointed to dispose of these goods.
Generally refers to a type of labor in which the worker
de die in diem from day to day
is paid fully at the completion of each day's work.
Literally "from fact"; often used to mean something that
de facto in fact is true in practice, but has not been officially instituted
or endorsed. "For all intents and purposes". Cf.de jure.
de futuro concerning the future At a future date.
Often used to mean "start it all over", in the context of
de integro concerning the whole
"repeat de integro".
Literally "from law"; something that is established in
de jure according to law law, whether or not it is true in general practice. Cf. de
facto.
of the law as it Used in the context of "how the law should be", such
de lege ferenda
should be as for proposed legislation.
Concerning the law as it exists, without consideration
de lege lata of the law as it is
of how things should be.
about the smallest Various legal areas concerning small amounts or small
de minimis
things degrees.
de mortuis nil Of the dead, [speak] Social convention that it is inappropriate to speak ill of
nisi bonum nothing unless good the recently deceased, even if they were an enemy .
Often used in the context of "trialde novo" – a new trial
de novo anew ordered when the previous one failed to reach a
conclusion.
deorum injuriae The gods take care Blasphemy is a crime against the State, rather than
diis curae of injuries to the gods against God.
A statement given some weight or consideration due to
dictum (thing) said
the respect given the person making it.
Presumption that young children or persons with
doli incapax incapable of guilt diminished mental capacity cannot form the intent to
commit a crime.
dolus specialis Specific deceit Heavily used in the context ofgenocide in international
law.
Tame or domesticated animal. Also calledmansuetae
domitae naturae tame by nature
naturae. Opposite of ferae naturae (below)
Gift causa mortis; "The donor, contemplating imminent
death, declares words of present gifting and delivers
donatio mortis the gift to the donee or someone who clearly takes
deathbed gift
causa possession on behalf of the donee. The gift becomes
effective at death but remains revocable untilthat
time."[2]
dramatis
persons of the drama
personae
A "subpoena duces tecum" is a summons to produce
duces tecum bring with you
physical evidence for a trial.
Known as a "canon of construction", it states that when
a limited list of specific things also includes a more
ejusdem generis of the same class general class, that the scope of that more general
class shall be limited to other items more like the
specific items in the list.
eo nomine by that name
Refers to rights or obligations that are owedtowards
erga omnes towards all
all.
ergo therefore
having been made in
erratum
error
et al. and others Abbreviation of et alii, meaning "and others".
et cetera and other things Generally used in the sense of "and so forth".
Abbreviation of et sequens, meaning "and the following
and the following
et seq. ones". Used in citations to indicate that the cited
things
portion extends to the pages following the cited page.
Usually used instead of naming a man's wife as a party
et uxor and wife /ˌɛt ˈʌksɔːr/
in a case.
Usually used instead of naming a woman's husband as
et vir and husband /ˌɛt ˈvɜːr/
a party in a case.
Usually defined as "what is right and good." Used to
describe the power of a judge or arbiter to consider
ex aequo et of equity and [the]
only what is fair and good for the specific case, and not
bono good
necessarily what the law may require. In courts, usually
only done if all parties agree.
Essentially meaning "before the event", usually used
ex ante of before /ˌɛks ˈænti/
when forecasting future events.
Where chair refers to authority or position. Authority
ex cathedra from the chair
derived from one's position.
from what has been
ex concessis Often used in a "guilt by association" context.
conceded already
ex delicto from a transgression The consequence of a crime or tort.
part of the title of the old action of ejectment
ex demissione from a transgression
Jones v. Doe ex dem. Smith
If a contract is blatantly and obviously incorrect or
ex facie on the face illegal, it can be considered voidex facie without any
further analysis or arguments.
ex fida bona good business norms
ex gratia by favor Something done voluntarily and with no expectation of
a legal liability arising therefrom.
Something done or realized by the fact of holding an
ex officio from the office
office or position.
A decision reached, or case brought, by or for one
ex parte from [for] one party
party without the other party being present.
ex post from after Based on knowledge of the past.
from a thing done
ex post facto Commonly said as "after the fact."
afterward
A retroactive law. E.g. a law that makes illegal an act
ex post facto law
that was not illegal when it was done.
by [one's] own
ex proprio motu Commonly spoken as "by one's own accord."
motion
[arising] out of the Abbreviation of ex relatione. Used when the
ex rel narration [of the government brings a case that arises from the
relator] information conveyed to it by a third party ("relator").
for the sake of
exempli gratia Usually abbreviated "e.g.".
example
Term used in contract law to specify terms that are
ex tunc from then voided or confirmed in effect from the execution of the
contract. Cf. ex nunc.
Term used in contract law to specify terms that are
ex nunc from now on voided or confirmed in 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
extant existing
point, rather than things that are no longer so.
1. an assured statement made; 2. completion of a will
factum deed and all its parts to 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
facio ut facias I do, that you may do for the other, in order that the second party can then
perform some work for the first in exchange.
A concept in treaty law that prefers the maintaining of a
favor contractus favor of the contract contract over letting it expire for purely procedural
reasons.
A suicide. This archaic term stems from English
common law, where suicide was legally afelony, thus
felo de se felon of himself
a person who committed suicide was treated as a felon
for purposes of estate disposal.
Wild animals residing on unowned property do not
wild animals by
ferae naturae belong to any party in a dispute on the land. Opposite
nature
of domitae naturae (above).
A warrant issued by a judge for some legal
fiat Let it be done.
proceedings.
A writ ordering the local law enforcement to ensure that
May you cause to be
fieri facias damages awarded by the court are properly recovered.
done.
A writ of execution.
fortis
strong attachment, When determining whether a chattel is a fixture: "size
attachiamentum,
the stronger doesn't matter, how much or degree chattel isattached
validior
presumption to 'land' and to 'what' "
praesumptionem
A concept wherein a court refuses to hear a particular
forum non /ˈfoʊrəm nɒn
disagreeable forum matter, citing a more appropriate forum for the issue to
conveniens kənˈviːniɛnz/
be decided.
fumus boni iuris smoke of a good Refers to having a sufficient legal basis to bring legal
right action.
A person, court, statute, or legal document that has no
having performed his
functus officio legal authority, because its original legal purpose has
office
been fulfilled.
things weighing
gravamen The basic element or complaint of a lawsuit. /ɡrəˈveɪmɛn/
down
An independent party appointed infamily law disputes
guardian ad
guardian for the case to represent parties that cannot represent themselves,
litem
such as minors, developmentally disabled, or elderly
.
A writ used to challenge the legality of detention.
May you have the Orders the detaining party to "have the (living) body" of /ˈheɪbiəs
habeas corpus
body. the detained brought before the court where the ˈkɔːrpəs/
detention will be investigated.
hostis humani enemy of the human A party considered to be the enemy of all nations, such
generis race as maritime pirates.
An authorization for a document to be printed. Used in
imprimatur Let it be printed. the context of approval by a religious body or other
censoring authority.
A legal proceeding conducted without the presence of
in absentia in absence one party is said to be conductedin absentia, e.g., trial
in absentia or being sentenced in absentia.
at the moment of Often used in probate law, as well as for testimony in
in articulo mortis
death the sense of a dying declaration.
Conducted in private, or in secret. The opposite ofin
in camera in the chamber
open court.
in curia in court Conducted in open court. The opposite ofin camera.
in esse in existence Actually existing in reality. Opposite of in posse.
In extended form, or at full length. Often used to refer
in extenso in the extended to publication of documents, where it means the full
unabridged document is published.
In extreme circumstances. Often used to refer to "at
in extremis in the extreme
the point of death."
Caught in the actual act of committing a crime. Often
in flagrante used as a euphemism for a couple caught in the act of
in blazing offense
delicto sexual intercourse, though it technically refers to being
"caught in the act" of any misdeed.
Someone unable to afford the costs associated with a
legal proceeding. As this will not be a barrier to seeking
in forma in the manner of a /ɪn ˌfɔːrmə
justice, such persons are givenin forma pauperis
pauperis pauper ˈpɔːpərɪs/
status (usually abbreviated IFP), wherein most costs
are waived or substantially reduced.
Refers to things to come, or things that may occur later
in futuro in the future but are not so now. As in in futuro debts, i.e. debts /ɪn fjuːˈtjuːroʊ/
which become due and payable in the future.
Used when including text in a complaint verbatim,
in haec verba in these words where its appearance in 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
in limine at the threshold
considered outside the presence of the jury.
Used to refer to a person or entity assuming the normal
parental responsibilities for a minor. This can be used
in the place of a /ɪn ˌloʊkoʊ
in loco parentis in transfers of legal guardianship, or in the case of
parent pəˈrɛntɪs/
schools or other institutions that act in the place of the
parents on a day-to-day basis.
in mitius in the milder A type of retroactive law that decriminalizes of
fenses
committed in the past. Also known as anamnesty law.
Used to mean "in every respect." Something applying
in omnibus in all
to every aspect of a situation.
in pari delicto in equal offense Used when both parties to a case are equally at fault.
Refers to a situation where a law or statute may be
in pari materia in the same matter ambiguous, and similar laws applying to the matter are
used to interpret the vague one.
Used in the context of "directed at this particular
in personam in person person", refers to a judgement or subpoena directed at
a specific named individual. Cf.in rem.
in pleno in full
in prope One who represents themselves in court without the
on one's own person
persona [official] assistance of an attorney.
Alternate form of in prope persona. One who
in propria in one's own proper
represents themselves in court without the [of
ficial]
persona person
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 isin rem or quasi in rem and not
in re in the matter [of] in personam (e.g. probate or bankrupt estate, /ɪn ˈriː/
guardianship, application for laying out a public
highway) and occasionally for anex parte proceeding
(e.g. application for a writ ofhabeas corpus).
Used in the context of a case against property
, as
in rem about a thing opposed to a particular person. See alsoin rem /ɪn ˈrɛm/
jurisdiction. Cf. in personam.
Often used in the context of decisions or rulings about
/ɪn ˈsaɪtjuː, ɪn
in situ in position a property or thing "left in place" after the case as it
ˈsɪtjuː/
was before.
A warning or threat to sue, made in the hopes of
in terrorem in order to frighten convincing the other party to take action to avoid a
lawsuit.
A clause in a will that threatens any party who contests
in terrorem clause "in order to
the will with being disinherited. Also called ano-contest
clause frighten"
clause.
in toto in total /ɪn ˈtoʊtoʊ/
Often used in copyright notices. Refers to distinctive
indicia indications
markings that identify a piece of intellectual property
.
infra below or under
An intimation about someone or something, made
indirectly or vaguely suggesting the thing being
innuendo by nodding
implied. Often used when the implied thing is negative
or derogatory.
Used to indicate an item cited has been pulled from a
inter alia among others /ˌɪntər ˈeɪliə/
larger or more complete list.
Refers to contract, debts, or other agreements made
inter rusticos among rustics
between parties who are not legal professionals.
Refers to obligations between members of the same
inter se amongst themselves group or party, differentiated from the whole party's
obligations to another party.
Refers to a gift or other non-sale transfer between
inter vivos between the living living parties. This is in contrast to a will, where the /ˌɪntər ˈvaɪvɒs/
transfer takes effect upon one party's death.
intra within
intra fauces within the jaws of the
This term refers to a nation'sterritorial waters.
terrae land
Used in various contexts to refer to the legal foundation
intra legem within the law
for a thing.
Something done which requires legal authority , and the
intra vires within the powers
act is performed accordingly. Cf. ultra vires.
An assertion given undue weight solely by virtue of the
ipse dixit He himself said it. /ˈɪpsi ˈdɪksɪt/
person making the assertion.
Referring to a document or ruling that is being quoted
ipsissima verba the very words
by another.
Used in the context that one event is a direct and /ˈɪpsoʊ
ipso facto by the fact itself
immediate consequence of another. "In and of itself." ˈfæktoʊ/
ipso jure the law itself By operation of law.
Appears at the end of anaffidavit, where the party
making the affirmation signs the oath, and the
jurat (He) swears
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 jointly
until the estate is held by a sole tenant. The only way
jus accrescendi right of survivorship
to defeat the 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 legal to go to war initially
. Not to be
jus ad bellum laws to war
confused with ius in bello (q.v.), the "laws of war"
concerning how war is carried out.
A codified set of laws concerning citizenry
, and how the
jus civile civil law
laws apply to them.
Internationally agreed laws that bear no deviation, and
jus cogens compelling law do not require treaties to be in effect. An example is
law prohibiting genocide.
Customary law followed by all nations. Nations being at
peace with one another, without having to have an
jus gentium law of nations
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 the
jus inter gentes Laws governing treaties and international agreements.
peoples
Laws common to all people, that the average person
jus naturale natural law
would find reasonable, regardless of their nationality
.
jus primae Supposed right of the lord of an estate to take the
right of the first night
noctis virginity of women in his estate on their wedding night.
Social law concept wherein citizenship of a nation is
/ˈdʒʌs
jus sanguinis right of blood determined by having one or both parents being
ˈsæŋɡwɪnɪs/
citizens.
Social law concept wherein citizenship of a nation is
jus soli right of soil /ˈdʒʌs ˈsoʊlaɪ/
determined by place of birth.
jus tertii law of the third Arguments made by a third party in disputes over
possession, the intent of 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
.
lacunae void, gap Generally used in International Law, as all countries
codify according to their own systems of law .
Alternate form of jus commune. Refers to common
lex communis common law
facets of civil law that 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 took place. Usually used in
lex loci the law of the place /ˈlɛks ˈloʊkaɪ/
contract law, to determine which laws governthe
contract.
Law that specifically codifies something, as opposed to
lex scripta written law
common law or customary law.
An aspect of a unanimous voting system, whereby any
liberum veto free veto
member can end discussion on a proposed law .
A language common to an area that is spoken by all,
the Frankish even if not their mother tongue. Term derives from the
lingua franca
language name given to a common languageused by traders in
the Mediterranean basin dating from the Middle Ages.
Refers to requesting a legal dispute be heard that is
lawsuit elsewhere also being heard by another court. To avoid possibly
lis alibi pendens
pending contradictory judgements, this request will not be
granted.
Often used in the context of public announcements of
lis pendens suit pending legal proceedings to come. Comparependente lite
(below).
locus place
Shorthand version of Lex locus delcti commissi. The
locus delicti place of the crime
"scene of the crime".
locus in quo the place in which The location where a cause of action arose.
locus When one party withdraws from a contract before all
place of repentance
poenitentiae parties are bound.
The right of a party to appear and be heard before a /ˈloʊkəs
locus standi place of standing
court. ˈstændaɪ/
A condition of being fraudulent or deceptive in act or
mala fide (in) bad faith
belief.
Something considered a universal wrong or evil,
malum in se wrong in itself
regardless of the system of laws in effect.
malum Something wrong or illegal by virtue of it being
prohibited wrong
prohibitum expressly prohibited, that might not otherwise be so.
A writ issue by a higher court to a lower one, ordering
that court or related officials to perform some
mandamus we command /mænˈdeɪməs/
administrative duty. Often used in the contextof legal
oversight of government agencies.
A body of water under the jurisdiction of a state or
/ˈmeɪri
mare clausum closed sea nation, to which access is not permitted, or is tightly
ˈklɔːzəm/
regulated.
A body of water open to all. Typically a synonym for
mare liberum open sea International Waters, or in other legal parlance, the
"High Seas".
mens rea guilty mind One of the requirements for a crime to be committed, /ˈmɛns ˈriːə/
the other being actus reus, the guilt act. This
essentially is the basis for the notion that those without
sufficient mental capability cannot be judgedguilty of a
crime.
/ˈmoʊdəs
A person's particular way of doing things. Used when
ɒpəˈrændaɪ,
modus operandi manner of operation using behavioral analysis while investigating a crime.
ˈmoʊdəs
Often abbreviated "M.O."
ɒpəˈrændi/
in contemplation of
mortis causa Gift or trust that is made in contemplation of death.
death
mos pro lege custom for law That which is the usual custom has the force of law
.
Motions offered at the start of a trial, often tosuppress
motion in limine motion at the start
or pre-allow certain evidence or testimony .
A caution to a reader when using one example to
having changed [the illustrate a related but slightly different situation. The
mutatis
things that] needed caution is that the reader must adapt the example to
mutandis
to be changed change what is needed for it to apply to the new
situation.
Shortened version of ne exeat repiblica: "let him not
let him not exit [the exit the republic". A writ to prevent one party to a
ne exeat /ˈniː ˈɛksiæt/
republic] dispute from leaving (or being taken) from the court's
jurisdiction.
"no-one should be a
Nemo iudex in It is a principle of natural justice that no person can
judge in his own
causa sua judge a case in which they have an interest.
case."
A judgement rendered in the absence of a plea, or in
nihil dicit He says nothing. the event one party refuses to cooperate in the
proceedings.
A decree that does not enter into force unless some
nisi unless /ˈnaɪsaɪ/
other specified condition is met.
Refers to the court of original jurisdiction in a given /ˈnaɪsaɪ
nisi prius unless first
matter. ˈpraɪəs/
A statement from the prosecution that they are
/ˈnɒli
nolle prosequi not to prosecute voluntarily discontinuing (or will not initiate) prosecution
ˈprɒsɪkwaɪ/
of a matter.
A type of plea whereby the defendant neither admits
I do not wish to /ˈnoʊloʊ
nolo contendere nor denies the charge. Commonly interpreted as "No
dispute kɒnˈtɛndɪri/
contest."
In the case where a contract imposes specific
non adimpleti of a non-completed obligations on both parties, one side cannot sue the
contractus contract other for failure to meet their obligations, if the plaintif
f
has not themselves met their own.
non compos not in 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, such as an attorney
non constat It is not certain.
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 that his signature to the
non est factum It is not [my] deed.
contract was made unintentionally or without full
understanding of the implications.
Reported by a sheriff on writ when the defendant
non est inventus He is not found.
cannot be found in his county or jurisdiction.
A type of verdict where positive guilt or innocence
non liquet It is not clear. cannot be determined. Also called "not proven" in legal
systems with such verdicts.
non obstante notwithstanding the A circumstance where the judge may override the jury
verdicto verdict verdict and reverse or modify the decision.
A break in causation (and therefore probably liability)
novus actus a new action coming
because something else has happened to remove the
interveniens between
causal link.
An ambiguous word or term can be clarified by
It is known by
noscitur a sociis considering the whole context in which it is used,
friends.
without having to define the term itself.
A term used to direct the reader to cautionary or
nota bene note well
qualifying statements for the main text.
An unenforceable promise, due to the absence of
nudum pactum naked promise
consideration or value exchanged for the promise.
Notation made when a defendant has no tangible
nulla bona no goods property available to be seized in order to comply with
a judgement.
An action by a court to correct a previous procedural or
nunc pro tunc now for then
clerical error.
In law, an observation by a judge on some point of law
not directly relevant to the case before him, and thus
a thing said in neither requiring his decision nor serving as a
obiter dictum
passing 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
pace with peace way of marking a speaker's disagreement with /ˈpɑːtʃeɪ/
someone or some body of thought.
par delictum equal fault Used when both parties to a dispute are at fault.
Refers to the power of the State to act as parent to a
parens patriae parent of the nation
child when the legal parents are unable or unwilling.
Equal ranking, equal priority (usually referring to
pari passu on equal footing
creditors).
Court orders used to provide relief until the final
while the litigation is judgement is rendered. Commonly used in divorce
pendente lite
pending proceedings. The adverbial form oflis pendens
(above).
Dividing money up strictly and equally according to the
per capita by head
number of 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 which the decision is said to be
/ˌpɜːr
per curiam through the court authored by the court itself, instead of situations where
ˈkjuːriæm/
those individual judges supporting the decision are
named.
per incuriam by their neglect A judgement given without reference to precedent.
Used as a defense, when illegal acts were performed
per minas through threats
under duress.
Employed when an adult brings suit on behalf of a
per proxima by or through the
minor, who was unable to maintain an actionon his
amici next friend
own behalf at common law.
Used in legal documents in the same sense as
"whereby". A per quod statement is typically used to
per quod by which
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
per stirpes by branch each branch of the family is to receive an equal share
of an estate.
periculum in A condition given to support requests for urgent action,
danger in delay
mora such as a protective order or restraining order
.
A person who is officially considered unwelcome by a /pərˈsoʊnə
persona non host country in which they are residing in a diplomatic nɒn ˈɡrɑːtə,
unwelcome person
grata capacity. The person is typically expelled to heir
t home pərˈsoʊnə nɒn
country. ˈɡreɪtə/
A body of armed citizens pressed into service by legal /ˈpɒsi
posse comitatus power of the county
authority, to keep the peace or pursue a fugitive. ˌkɒmɪˈteɪtəs/
Refers to an autopsy, or as a qualification as to when
post mortem after death
some event occurred.
post mortem after the author's Used in reference to intellectual property rights, which
auctoris death usually are based around the author's lifetime.
praetor magistrate of The Roman praetor (magistrate) responsible for
peregrinus foreigners matters involving non-Romans.
A matter that appears to be sufficiently based in the
prima facie at first face /ˈpraɪmə ˈfeɪʃii/
evidence as to be considered true.
/ˈproʊ
pro bono for good Professional work done for free.
ˈboʊnoʊ/
/ˈproʊ ˈboʊnoʊ
pro bono publico for the public good
ˈpʌblɪkoʊ/
pro forma as a matter of form Things done as formalities.
Refers to a lawyer who is allowed to participate (only)
pro hac vice for this turn in a specific case, despite being in a jurisdiction in
which he has not been generally admitted.
abbreviation of
propria persona, Representing oneself, without counsel. Also known as
pro per
meaning "one's own pro se representation.
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 month's rent based
pro rata from the rate
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 /ˌproʊ ˈsiː,
pro se for himself
pro per representation. ˌproʊ ˈseɪ/
A partial payment of an award or claim, based on the
pro tanto for so much
defendant's ability to pay.
abbreviation of pro
pro tem tempore, meaning Something, such as an office held, that is temporary.
"for the time being"
pro tempore for the time being Something, such as an office held, that is temporary.
Refers to one representing themselves without the
propria persona proper person services of a lawyer. Also known as pro per
representation.
qua which; as In the capacity of.
The question is raised. Used to declare that a question
quaeritur It is sought.
is being asked in the following verbiage.
quaere query Used in legal drafts to call attention to some
uncertainty or inconsistency in 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 establishedwhen the
request is made.[3]

as much as it In contract law, and in particular the requirement for


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

Civil law
Literal
Term or phrase Definition and use English pron
translation
Accession, i.e. mode of acquisition by creation in which labor
something and other goods are added to property in such a manner that
accessio
added the identity of the original property is not lost (vs.commixtio,
specificatio)
Express contractual terms that are purely voluntary , optional,
and not necessitated by the contract’s subject matter. Also
accidentalia business
called incidentalia (Roman-I'll Dutch law). One of three types
negotii incidentals
of contractual terms, the others beingessentialia negotii and
naturalia negotii.
itemized, e.g. sale ad quantitatem = item sale (e.g. 100 carp,
ad quantitatem by the quantity
10,000 lbs. of sugar, 10 casks of corn) (vs.per aversionem)
aditio hereditary Entering into the inheritance, i.e. vesting of the inheritance in
hereditatis approach an heir or will beneficiary. See delatio hereditatis.
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 29, 2012, casus
casus fortuitus fortuitous event
fortuitus would describe the H.M.S. Bounty being at the wrong
place when Hurricane Sandy came up the coast. HMS Bounty
Sinks Compare vis maior (see below).
Security or guarantee that heirs must provide in a case where
cautio de guarantee to
an absent person’s estate is divided among ht em (insurance
restituendo reinstate
law)
Assignment, that is, the transfer of rights or benefits.
Parties: Types:

cedens ‘cedent’ (= cessio in anticipando -


assignor) assignment of future right or
cessionarius benefit
cessio yielding ‘cessionary, cessionee’ cessio in securitatem debiti-
(= assignee) assignment of a principal
debitor cessus ‘third- debt (right of action) as
party obligor’ security for the due
performance of another debt
(the secured debt)

bringing
collatio
together of Hotchpot. Also called collatio inter liberos (Scots law).
bonorum
goods
Confusion, i.e. acquisition by creation in which fungible solid
or liquid goods (and no labor) of different owners intermingle
commixtio commingling in such a way that the mixture creates a 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 consumable to be returned without payment.
Parties:
commodatum accommodation
commodans ‘bailor’
commodatarius ‘bailee’

communio community of The aggregate of marital property (or marital estate) under a
bonorum goods community property matrimonial regime.
balancing of Set-off. Type: compensatio lucri cum damno- set-off of profit
compensatio
accounts and loss
compensatio balance of Delay in payment or performance on the part of both the
morae delay debtor and the creditor.
confusio melting Merger of counterparty rights in the same person (e.g. debtor-
together creditor, buyer-seller, landlord-tenant, etc.), thereby
extinguishing an obligation or right. Adverb:confusione.
conjunctissimus the most joined Next-of-kin. Plural conjunctissimi.
contra bonos against 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

As in an heir cum beneficio inventarii, who accepts his/her


cum beneficio under benefit of share in a deceased’s estate after having hadan appraisal
inventarii inventory and estate inventory drawn up, thereby separating their share
from the whole and limiting their liability
.
(Louisiana law) as encumbered, i.e. alienated with the
cum onere with burdens
encumbrances running with the land.
Curatorship, i.e. legal guardianship under which the ward is
totally and permanently incapable. Comparetutela. Parties
are:
cura guardianship
curandus - ward
curator - guardian (see below)

Guardian under a curatorship c( ura). Types are:

curator guardian curator ad litem - guardian ad litem


curator bonis - guardian of the property
curator personae - guardian of the person

damnum
emergent loss Loss actually incurred because of a contractual breach
emergens
damnum et damage and
Tortious damages, damages in tort
interesse interests
Fixed effective date of a contract, i.e. one that cannot be ante-
data certa certain date
or post-dated
Species of accord and satisfactionby transfer or assignment
giving in
datio in solutum of property in lieu of money; kind of in-kind payment, as
payment
opposed to a money payment
(s)he for The deceased, decedent. Short forde cujus successione
de cujus
whom... agitur.
delatio hereditary
Falling open of succession. Seeaditio hereditatis.
hereditatis transferal
domicile for
domicilium
summoning
citandi et Address for service or notices (e.g. for contractual purposes).
and carrying
executandi
out
dominium plural, joint and
plurium in several Joint tenancy.
solidum ownership
dominium pro unpartitioned
parte pro and undivided Tenancy in common.
indiviso ownership
master of the
dominus litis Litigant, the client in a lawsuit, as opposed to the lawyer
.
case
error in error in Error of fact and reasoning (vs.error in procedendo)
iudicando judgment (in
court)
error in procedural
Error on a point of law or procedure (vs.error in iudicando)
procedendo error (in court)
Express or implied contractual terms that are required either
essentalia business by law or by the contract’s subject matter. One of three types
negotii essentials of contractual terms, the others beingaccidentialia negotii and
naturalia negotii.
ex intervalo
Not all at once, in parts (vs.uno contextu).
temporis
ex propriis with one’s own Used for firsthand testimony, e.g. testimony ex propriis
sensibus senses sensibus (vs. per relationem).
falsus
fake agent Agent de son tort, officious agent
procurator
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 will or impliedly through asi sine liberis
decesserit clause or through a prohibition against alienation in
the will.[4]
Parties: Types:
entrusting to (a
fideicommissum person’s) good fideicommittens fideicommissum simplex-
faith. ‘grantor’ (= testator) one ‘gift-over’ to single
fiduciarius ‘fiduciary’ (= beneficiary
trustee) fideicommissum multiplex-
fideicommissarius multiple gift-overs to a
‘fideicommissary’ (= succession of beneficiaries
beneficiary) fideicommissum residui-
fiduciary can alienate 3/4 of
assets

fideiussio Suretyship.
Emblements; in property law, a co-owner profitng from her or
fructus
industrial fruits his fructus industriales is solely responsible for any losses that
industriales
my occur.[2] (vs. fructus naturales, see below).
Vegetation naturally growing from old roots (as pasturage) or
fructus
natural fruits from trees (as timber or fruit) (vs.fructus industriales, see
naturales
above).
hereditas lying
Estate of inheritance before vesting in heirs
iacens inheritance
Heir. Plural heredes. Types:

heres heredes proximi - closest heirs


sui heredes necessarii - forced heirs (singular suus heres
necessarius)

hypotheca Mortgage
In the instant case; used when referring to the matter before
in casu in the case
the court in a case being discussed
Jointly and severally; short for singuli et in solidum. Where a
group of persons share liability for a debt, such as co-signers
in solidum for the whole
to a loan, the debtor can sue a single partyin solidum, that is
jointly and severally, to recover the entire amount owed.
inaedificatio building Attachment of movables to land, accession by building
incapax incapable (Scots law) person not having capacity (mental, legal, or [ɪnˈkapaks]
otherwise).
Unworthy beneficiary or heir, who is precluded from inheriting
indignus (heres) unworthy heir because his 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
infans infant [ˈinˌfanz]
therefore has very limitedlegal capacity. Plural infantes.
brought in and Tenant’s things brought into the leased premises for his/her
invecta et illata
carried out temporary use
iudex ad quem Appellate court or court of last resort (vs.iudex a quo)
Lower court from which an appeal originates; originating court
iudex a quo
(vs. iudex ad quem)
(Civil law) Accretion, i.e. right of a will beneficiary to succeed
ius accrescendi right of accrual proportionately to a testamentary gift that another beneficiary
in the same will cannot or does not want to take.
Not actually referring tocommon law; this term refers to
common doctrine and principles ofcivil law that underlie all
ius commune common law
aspects of civilian legal systems and that formed the basis of
medieval Roman law.
right of Right of pursuit, i.e. the creditor’s right to pursue a debt that
ius persequendi
following runs with the land into the hands of abona fide purchaser
right of Priority right, i.e. a creditor’s right to rank higher relative to
ius praeferendi
preferring another
ius quaesitum right to third- Right of a third-party beneficiary to sue in order to enforce a
tertio party relief third-party contract, i.e. the opposite ofprivity of contract.
right of
ius retentionis Lien (possessory)
retaining
Lesion beyond moiety, i.e. excessive loss orinjury used as
laesio enormis unusual injury grounds for setting aside a contract; sold for less than half its
value or purchased for more than double
Forfeiture clause for nonperformance of a contract, especially
(1) a provision that a pledge shall be forfeited if a loan is
defaulted, or (2) a condition that money paid on a contract of
lex commissoria cancelling law
sale shall be forfeited and the sale rescinded if outstanding
payments are defaulted. Also known as apactum
commissorium.
As in ‘prescription liberandi causa’, i.e. liberative prescription
liberandi causa liberating cause (aka extinctive prescription), which is the civilian equivalent of
a statutory limitation period.
Hire or rental. Types:

locatio conductio operarum- employment, indentured


locatio leasing (and) servitude, and master/slave relationship
conductio hiring locatio conductio operis- hire of service provider or
independent contractor
locatio conductio rei - rental or letting of property

Prospective damages or loss of profits that would, because of


lucrum cessans ceasing profit
the contractual breach, have been made in the future
Bilateral agreement for direct representation between a
principal and agent. Compareprocuratio. Parties:
mandatum mandate
mandatarius ‘agent’
mandator ‘principal’

monstrum monster Child born with severe deformities. Pluralmonstra.


mora accipiendi delay of the Delay in payment or performance in the part of the creditor or
one receiving obligor. Also known as mora creditoris.
Delay in payment or performance in the part of the debtor or
the obligee. Also known asmora debitoris. 2 forms:
delay of the
mora solvendi mora solvendi ex re - delay in giving or delivering a thing;
one paying
mora solvendi ex personae- delay in obligations to do or
perform personal service.

Express or implied contractual terms that go to the root of a


business contract’s subject matter. One of three types of contractual
naturalia negotii
naturals terms, the others beingaccidentialia negotii and essentalia
negotii.
Without force,
nec vi, nec without
Peacefully, openly, and with the intention to acquire
clam, nec secrecy,
ownership; applies to acquisitive prescription
precario without
permission
Quasi-contractual obligation arising from good works affecting
negotiorum management of other people, obliging the benefited party dominus
( negotii) to
gestio estate reimburse the gestor for the cost that was used in doing good
works.
not twice in the Prohibition against double jeopardy. A legal action cannot be
non bis in idem [nɔnbisinidɛm]
same brought twice for the same act or offense.
Appeal by way of hearingde novo, i.e. the case is retried with
novum iudicium new judgment no restrictions of scope: errors of law are reviewed and new
findings of fact are made. (vs.revisio prioris instantiae)
If a testator places a prohibition on a testamentary gift but fails
to say what should happen to the gift if the prohibition is
nudum
naked precept contravened, the prohibition is said to be ‘nude’, i.e. anudum
praeceptum
praeceptum. In other words, the prohibition is of no effect, and
the beneficiary will take the gift free from any restrictions.
Prior contract aimed at concluding another contract, known as
pactum de agreement to
the parent or principal contract. Includes binders (in real
contrahendo contract
estate sales), such as a purchase offer or an option to sell.
pactum de non agreement to
Anti-assignment clause
cedendo not yield
pactum de non
agreement to
petendo (in Agreement in which one party agrees not to sue the other
.
not sue
anticipando)
pactum de agreement to
Contract of sale with right of repurchase
retrovendendo sell back
Bilateral contract concerning succession, usually made
between a potential testator (future decedent) and his/her
pactum inheritance
heir. The most common forms are: (1) adisclaimer of interest,
successorium agreement
(2) deed of variation, and (3) family settlement agreement.
Plural pacta successoria.
The three major rights in the bundle of rights making up
pars dominii ownership part ownership, 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 common law ordinary
reasonable man. Other degrees of care are:
father of the
paterfamilias
family diligens paterfamilias - higher standard of care, greater
diligence;
diligentissimus paterfamilias- highest standard of care,
utmost diligence.

penitus Incidental beneficiary or any outside party to a third-party


outside penitent
extraneus contract (see stipulatio alteri). Plural penitus extranei.
per aversionem by turning away (1) description, whereby the surrounding property is used to
provide the legal description of the boundaries of the property;
(2) sale per aversionem = bulk sale (a flock of sheep for $100
- the number of sheep are uncounted) (vs.ad quantitatum)
Hearsay; used for secondhand, indirect evidence, e.g.
per relationem by relation testimony per relationem ‘hearsay testimony’ (vs.ex propriis
sensibus). Also called de auditu.
pignus pledge Pledge, i.e. a possessory security interest
Self-executing, without need of a court order or judicial
pleno iure by full right
proceedings; with full right or authority. Ex: null pleno iure.
plus quam more than Excessive, beyond tolerable; in reference to a nuisance or
tolerabile tolerable some other violation of neighbor law.
Landed property, tenement of land, especiallywith respect to
an easement (servitude). 2 types:

praedium estate praedium dominans - dominant estate (aka dominant


tenement)
praedium serviens - servient estate (aka servient
tenement)

previous
praeemptio Right of first refusal
purchase
Legal presumption. Types:

praesumptio presumption praesumptio iuris tantum- rebuttable presumption


praesumptio iuris et de iure- irrebuttable or conclusive
presumption

praesumptio
Presumption of innocence
innocentiae
praesumptio presumption of
Presumption of regularity, which attaches to public
veritatis et truth and
instruments admissible to prove the truth of their contents.
solemnitatis solemnity
pretium pro
price for pain Solatium.
doloribus
(Scots law, civil law), usually translated as "prior in time,
prior tempore earlier in time, superior in right", the principle that someone who registers (a
potior iure stronger in law security interest) earlier therefore ranks higher than other
creditors.
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,
probatio imperfect proof’ - executed 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)

Power of attorney, i.e. a unilateral grant of indirect


procuratio management representation by a principal to an attorney-in-fact. Compare
mandatum.
procurator Agent, attorney-in-fact. Types:
procurator ad causas - attorney employed to assist a
litigant in the conduct of his lawsuit
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
restitutio in total property, to its original condition.
integrum reinstatement (2) In contract law, when considering breachof contract and
[3]
remedies, to restore a party to an original position.
Appeal by way of re-hearing or pure appeal (aka appeal
stricto sensu); the scope is limited to errors of law and no new
revisio prioris review of the
factual findings are possible; the case is traditionally remitted
instantiae court below
to the originating court below for re-judgment. (vs.novum
iudicium)
Limitation on how a fiduciary can use the fideicommissary
the thing’s
salva rei assets; ultimately they must maintain their essential quality
substance
substantia
intact until transferred to the fideicommissary.[4] Plural salva rerum
substantia. See fideicommissum.
Servitude, i.e. an easement. Plural servitutes.
Types: Sub-types:

servitus personarum servitus itineris -


‘personal servitude’ (= ingress/egress easement
easement in gross) servitus ne luminibus
servitus praediorum officiatur - right to light (aka
‘praedial servitude’ (= solar easement)
easement appertunant) servitus non altius tollendi-
servitude,
servitus restricts building beyond a
subjugation
certain height
servitus oneris ferendi -
duty to keep an adjoining
wall in good repair
servitus tigni immittendi-
right of inserting beams in a
neighbor’s walls
servitus viae - right-of-way

Certain type of clause in a will creating afideicommissum by


if (he) should imposing a condition on the will beneficiary that if (s)he dies
si sine liberis
depart without childless, the testamentary gift will transfer to a third party
. Ex:
decesserit [4]
children If A dies childless after my death, the farm must go to B.
See fideicommissum.
performance of Undue performance or payment, obliging the enrichee
solutio indebiti something not (accipiens) to return the undue payment or compensate the
due impoverishee (solvens) for the undue performance
Specification, i.e. mode of acquisition by creation wherein
something new is made by adding labor (manufacturing) to
specificatio property, and the non-reducible parts used for its fabrication
lose their identity (vs. accessio, commixtio). The new thing is
called nova species.
stante
During the marriage
matrimonio
stipulatio alteri another’s Third-party contract. Also known aspactum in favorem tertii
(contractual) (Scots law). The parties are:
provision
promittens ‘promisor’
stipulans ‘promisee’
alteri ‘third-party beneficiary’

Surface right, surface estate. Parties:


superficies surface dominus soli ‘subsurface owner, mineral owner’
superficiarius ‘surface owner’

(Scots law) "as is", to disclaim implied warranties, as in to


tantum et tale thus and such
purchase or convey somethingtantum et tale.
transactio transaction Out-of-court settlement
Tutorship, i.e. legal guardianship under whichthe ward is only
partially or temporarily incapable. Comparecura. Parties are
tutela guardianship
pupillus - ward
tutor - guardian

Contemporaneously; when the phases of something are done


single joining without interruption or any intervening action; specifically
,
uno contextu
together executed in one single execution ceremony (vs.ex intervalo
temporis)
Acquisitive prescription, i.e. the civilian version ofadverse
usucapio seizure of use
possession. Also called ‘prescriptionacquirendi causa’.
Civilian equivalent of alife estate. Parties:

usufructus use-fruit nudus dominus ‘bare owner’ (= remainderman,


reversioner)
usufructuarius ‘usufructuary’ (= life tenant)

Non-judicial foreclosure under a power of sale clause in a


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

Ecclesiastical law
A · B · C · D · E · F · G · H · I · J · L · M · N · P · Q · R · S · T · U · V · See also · References · External links
Term or
Definition and use
phrase
advocatus
Official who argues against an individual'sbeatification
diaboli
Person in a cathedral who supervises regular performance of religious services and assigns duties
ebdomadarius
of choir members
eleemosynae Possessions of the church
embryo [5]
Human embryo "organized into human shape and endowed with a soul"
formatus
embryo [6]
Human embryo before endowment with a soul
informatus
episcoporum
church lawyer
ecidicus

episcopus "bishop of the boys"; a layperson who on some feastdays braided his hair
, dressed as a bishop and
puerorum acted in a "ludicrous" manner[5]
excommunicato Writ originally issued from chancery that required a sherriff to arrest and imprisonan
capiendo excommnicant defendent
excommunicato Writ ordering excommunicant imprisoned for"obstinancy" be re-imprisoned if freed before agreeing
recapiendo to obey authority of church
Extravagantes Papal constitutions anddecretal epistles of Pope John XXII
formata Canonical letters
gardianus
Churchwarden
ecclesiae
"Does he read or not?"; this question was asked to church of ficials by secular courts when an
legit vel non accused defendant claimed a jurisdictional exemption underbenefit of the clergy and if the church
accepted the claim the official would reply legit ut clericus ("he reads like a clerk")

See also
Brocard (law)
Law French
List of Latin abbreviations
List of Latin phrases (full)
List of plain English words and phrases

Notes
1. Yogis, John (1995). Canadian Law Dictionary(4th ed.). Barron's Education Series.
2. Benson, Marjorie L; Bowden, Marie-Ann; Newman, Dwight (2008).Understanding Property: A Guide(2nd ed.).
Thomson Carswell.
3. Willes, John A; Willes, John H (2012).Contemporary Canadian Business Law: Principles and Cases(9th ed.).
McGraw-Hill Ryerson.
4. M.J. de Waal, ‘The Law of Succession’, inIntroduction to the Law of South Africa, eds. C. G. van der Merwe &
Jacques E. du Plessis (The Hague: Kluwer Law International, 2004), 183–5.
5. Black's Law Dictionary, 9th edition
6. The distinction betweenembryo formatus and embryo informatus is first accepted around the year 1140 by Gratian
in Decretum Gratiani where he writes that abortion is not murder if the soul of the fetus had not yet been endowed
(informatus). This had previously been rejected by early church doctrines. By the 16th century the time offormatus
was accepted as the 40th day after conception for a male fetus and the 80th day for a female fetus.
References
Ruben E. Agpalo. Agpalo’s Legal Words and Phrases. Manila, Philippines: Rex Book Store, 1997.
V.G. Hiemstra & H.L. Gonin.Trilingual Legal Dictionary, 3rd edn. Cape Town, South Africa: Juta, 2001.
William Allen Jowitt. Jowitt’s Dictionary of English Law, 2nd edn. Revised by John Burke, Clifford Walsh, & Emlyn
Williams. 2 vols. London: Sweet & Maxwell, 1977.
Cezar C. Peralejo & Pacifico A. Agabin.English-Filipino Legal Dictionary. Quezon City, Philippines: Sentro ng
Wikang Filipino, University of the Philippines, 1995.
Theo B. Rood. Glossarium: A Compilation of Latin Words and Phrases Generally Used in Law with English
Translations. Bryanston, South Africa: Proctrust Publications, 2003.
Jan Scholtemeijer & Paul Hasse.Legal Latin: A Basic Course. Pretoria, South Africa: J.L. van Schaik Publishers,
1993.
Datinder Sodhi & R. S. Vasan, eds. Latin Words & Phrases for Lawyers. NY: Law and Business Publications, 1980.
Russ VerSteeg. Essential Latin for Lawyers. Durham, N.C.: Carolina Academic Press, 1990.

External links
Database of legal Latin terms and phrases

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