25 Latin Lexicons

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D.S. Sarao <tonysarao@gmail.com> Mon, May 11, 2020 at 1:54 PM


To: "D.S. Sarao" <tonysarao@gmail.com>

For those terms you don’t know yet, we’ve defined 25 key Latin legal terms,
broken down their meanings and provided scenarios of their use in the real
world. Whether you’re a court reporter, an attorney, a detective or a forensic
analyst, you should know these common Latin legal terms. Students will take
courses such as Criminal Law Procedure, Constitutional Law for Law Enforcement
and Court Organization and Operations, in which the Latin phrases you learned
here will be used on a regular basis.

All definitions were provided by Merriam-Webster’s legal dictionary.

Legal
Latin Term Explanation Real-World Use
Definition

Often used in
reference to
Ab initio contracts, ab If a contract is entered
initio means a under false pretenses,
From the court decision is a judge can decide that
(From the
beginning. applied to the the contract never
beginning)
start of the issue existed and is
as opposed to therefore nonbinding.
when problems
arose.

When there is an
For the issue or problem
Ad hoc particular end that can’t be
or case at solved by an
hand without existing group, a
(To this)
consideration new one is
of wider created to deal
application. with that specific
purpose.

Alibi A defense of A solid alibi can Alibi was first adapted


having been confirm a into the English
(In another somewhere suspect’s language in the
place) other than at innocence, if it 18th century as an
the scene of a proves the adverb, but only
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crime at the suspect was in a became a noun by the
time the crime different location start of the next
was from the crime century.
committed. scene.

One (as an
This term is used
individual or
in criminal justice
organization)
proceedings
Amicus that is not a
when a person Judges often
curiae party to a
who is not receive amicus
specific lawsuit
directly involved curiae briefs to explain
but is allowed
(Friend of in the the possible legal
to advise the
the Court) case provides ramifications of the
court regarding
evidence or case’s outcome.
a point of law
information that
or fact directly
could add context
concerning the
to the decision.
lawsuit.

Actus reus is the


act of the crime, Committing a criminal
Actus reus The wrongful though it also act, criminal
act that makes considers negligence and failing
up the physical deliberate intent to report a crime all fall
(A guilty act)
action of a to commit the under actus reus and
crime. crime, as can lead to criminal
opposed to self- charges.
defense.

Bona fide is often


Bona fide used to describe
Characterized
a person or
by good faith
(In good company that
and lack of
faith) does something
fraud or deceit.
with legitimate
intentions.

An
extraordinary
writ issued by
a superior
court (as the
Certiorari A request for
Supreme
documents to be
Court) to call
turned over to a
(Certified) up the records
higher court by a
of a particular
lower court.
case from an
inferior judicial
body (as a
Court of
Appeals)

Corpus The substance The main facts In contemporary


delicti of a crime that surrounding a times, corpus
the prosecutor case that proves delicti has also been
(Body of the must prove to a judge or jury used to refer to
crime) and that that a crime did physical evidence in a
consists of an occur. crime, such as a
injury or loss victim’s body in a
(as death of a murder.
victim or
disappearance
of property)
and the
criminal act
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that resulted in
it.

Many countries,
Something that
De facto including the U.S. and
exists without
the United Kingdom,
having been
In reality. have no official
(In fact) specifically
language, but a de
created or
facto national
mandated.
language.

A de jure government
De jure Concerns
is one that’s codified
something that
By right: of and enshrined by
exists with
(By right) right. national laws, proving
authority from the
that it is legal and
law.
legitimate.

On behalf of or
involving only
In some instances,
Ex parte one party to a
there may be a
legal matter A ruling or motion
situation in a court
and in the made by just one
(On behalf case with an ex
absence of party in a
of) parte proceeding, in
and usually dispute.
which only one side is
without notice
involved.
to the other
party.

Ex post facto
A recent ruling
that will be
(After the After the fact.
applied
fact)
retroactively.

In camera At the judge’s In


discretion, all or camera hearings are
part of a case often held in the cases
(In In private.
may take place of guardianships,
chambers)
without giving the custody disputes or
public access. adoptions.

Of, relating to,


or being a
motion,
petition, or
In limine order A request for the
regarding the exclusion of
admissibility of certain evidence
(On the
evidence because it would
threshold)
whose unfairly sway the
exclusion is jury or judge.
sought
especially on
the ground that
it is prejudicial.

In loco When someone


parentis other than the
In the place of biological parent
(In the place a parent. assumes
of parents) responsibility for
a minor.

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Inter alia Among other The phrase inter If a suspect is accused
things. alia is a method of multiple crimes, a
(Among of shortening prosecutor would refer
other) legal documents to one crime, inter
so certain alia in legal documents
sections don’t to save space and
have to include time.
every allegation
or every
reference.

Ipso facto
By that very
fact or act: As Like the English
(By the very
an inevitable word “therefore.”
fact)
result.

Locus in quo A crime scene can be


The place either where the crime
where a legal The scene of a took place or any
(Place in
cause of action crime. location where
which)
arose. evidence pertaining to
the crime is found.

Determining mens
Mens rea Seeks to rea considers whether
A culpable establish a a crime was committed
(Guilty mind) mental state. defendant’s purposely, knowingly,
intent. recklessly and
negligently.

A connection In a legal
or link between context, this
Nexus things, term could
A nexus is commonly
persons, or appear in legal
required to establish
events proceedings
(Connection) due process in criminal
especially that when trying to
cases.
is or is part of connect laws
a chain of between
causation. jurisdictions.

Also known as an
autopsy, a
If the cause of death is
Postmortem coroner or
Done, undetermined, in some
medical examiner
occurring, or states a coroner can
investigates a
(After death) collected after hold an inquest, or
cadaver to
death. judicial inquiry, to
determine the
determine the cause.
cause and
manner of death.

Prima facie Used when a


On first A prima facia case
plaintiff or
appearance presented by a
prosecutor has
(After first absent other prosecutor to a grand
enough evidence
view) information or jury could result in a
for a case to go
evidence. criminal indictment.
to trial.

Pro hac vice For this Pro hac Pro hac vice has been
occasion. vice refers to traced back to 1629,
(For this lawyers take part used by the English
occasion) in an out-of-state Courts of Common
trial where they Pleas.

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don’t hold a
license.

In a legal context,
In a quid pro quo,
Quid pro quo prosecutors offer
Something (as one person
alleged criminals a
consideration) provides another
lighter sentence in
(Something given or with a favor or an
exchange for witness
for received for advantage, with
testimony against
something) something the other person
another alleged
else. returning the
criminal facing more
favor.
serious charges.

Knowledge of
the nature of
one’s act or Scienter means An example
omission or of having guilty of scienter can be seen
Scienter the nature of knowledge, either in lemon laws, which
something in in committing a protects consumers
(Knowingly) one’s crime or from purchasing a
possession withholding vehicle that doesn’t live
that is often a knowledge or up to manufacturer
necessary evidence of one. warranty claims.
element of an
offense.

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