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.

Contents
Common law
Civil law
Ecclesiastical law
See also
Notes
References

Common law
Term or phrase Literal translation Definition and use English pron
An a fortiori argument is an "argument from a
/ˌeɪ
stronger reason", meaning that, because one fact is
a fortiori from stronger fɔːrtiˈoʊraɪ, ˌeɪ
true, a second (related and included) fact must also
fɔːrʃiˈoʊraɪ/
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/
An argument derived after an event, having the
/ˌeɪ
a posteriori from later knowledge about the event. Inductive reasoning from
ˌpɒstiːrioʊraɪ/
observations and experiments.
An argument derived before an event, without
a priori from earlier needing to have the knowledge about the event. /ˌeɪ praɪoʊraɪ/
Deductive reasoning from general principles.
Regarding a court below in an appeal, either a court
a quo from which of first instance or an appellate court, known as the /ˌeɪ ˈkwoʊ/
court a quo.
Concerning a case, a person may have received
ab extra from outside some funding from a 3rd party. This funding may /ˌæb ˈɛkstrə/
have been 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/
couple was covered ab initio by her health policy."[1]
"Presenting the negative portion of a plea when
absque hoc without this
pleading at common by way a special traverse."[1]
actus reus guilty act Part of what proves criminal liability (with mens 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 /ˌæd ˈlaɪtɛm/
as 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 When an assembly adjourns without setting a date
/ˌsaɪni ˈdaɪi/
sine die without a day for its next meeting.
affidavit he has sworn A formal statement of fact. /ˌæfɪˈdeɪvɪt/
Generally, a statement from a court that a writ is
allowed (i.e. granted); most commonly, a grant of
allocatur it is allowed leave to appeal by the Supreme Court of
Pennsylvania, in reference to which the word is used
equivalently to certiorari (q.v.) elsewhere.
alter ego another I A second identity living within a person.
A person who offers information to a court regarding /əˈmaɪkəs
amicus curiae friend of the court
a case before it. ˈkjuːrii/
animus
contractual intent Intention to contract.
contrahendi
The subjective intent to remain indefinitely in a place
so as to establish it as one's permanent residence.[2]
animus manendi intention to remain Along with actual residence, this is used to establish
domicile.[3] Also called animus remanendi. See
diversity of citizenship.
The subjective state of mind of the author of a crime,
with reference to the exact knowledge of illegal
animus nocendi intention to harm
content of his behaviour, and of its possible
consequences.
"In order to claim possessory rights, an individual
animus intention to
must establish physical control of the res and the
possidendi possess
intention to possess (i.e. animus possidendi)"[4]
"Wild animals, such as bees and homing pigeons,
animus
intention to return that by habit go 'home' to their possessor. Used when
revertendi
discussing ferae naturae."[4]
The intention, when writing a document, that the
animus testandi testamentary intent document should serve as a last will and
testament.[5]
“An antenuptial agreement is a contract between two
ante before
people that is executed before marriage.”
for the sake of
(in) arguendo
argument
Implies sincere good intention regardless of
bona fide in good faith /ˈboʊnə ˈfaɪdi/
outcome.
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.
/ˈkeɪsəs
Casus belli case of war The justification for acts of war.
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
Let the buyer legal doctrine wherein a buyer could not get relief /ˈkæviæt
Caveat emptor
beware from a seller for defects present on property which ˈɛmptɔːr/
rendered it unfit for use.
/ˌsɜːrʃiəˈreɪraɪ,
Certiorari to be apprised A type of writ seeking judicial review.
ˌsɜːrʃiəˈreɪri/
Cessante when the reason for Herbert Broom′s text of 1858 on legal maxims lists
ratione legis a law ceases, so the phrase under the heading ″Rules of logic″,
cessat ipsa lex does the law itself stating: Reason is the soul of the law, and when the
 reason of any particular law ceases, so does the law
itself.[6]
with other things More commonly rendered in English as "All other /ˌsɛtərɪs
Ceteris paribus
the 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/
A condition without
condicio sine An indispensable and essential action, condition, or
which it could not
qua non ingredient.
be
Meeting of the minds, mutual assent, or concurrence
consensus ad agreement to the of wills. Parties must be of one mind and their
idem same promises must relate to the same subject or object[7]
Also consensus in idem.
Used in case citations to indicate that the cited
contra against
source 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
A contradiction between parts of an argument.
adjecto itself
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
judice not a judge a judge who does not have proper jurisdiction.
A person cannot be convicted of a crime, unless it /ˈkɔːrpəs
corpus delicti body of the crime
can 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
secundum and 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.
curia advisari the court wishes to Signifies the intent of a court to consider the points
vult consider of law argued during advocacy, prior to judgement.
Specifies that larceny was taking place in addition to
de bonis carrying goods
any other crime named. E.g. "trespass de bonis
asportatis away
asportatis".
Complete annihilation of a warring party, bringing
debellatio warring down
about the end of the conflict.
de bonis non of goods not Assets of an estate remaining after the death (or
administratis administered removal) of the designated estate administrator. An
"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 is true in practice, but has not been officially
de facto in fact
instituted or endorsed. "For all intents and purposes".
Cf. de jure.
concerning the
de futuro At a future date.
future
concerning the Often used to mean "start it all over", in the context
de integro
whole of "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
de minimis
things small degrees.
the law is not The rule that the law will not remedy an injury that is
de minimis non
concerned with
curat lex minimal.[8]
minimal things
Of the dead, Social convention that it is inappropriate to speak ill
de mortuis nil
[speak] nothing of the recently deceased, even if they were an
nisi bonum
unless good enemy.
Often used in the context of "trial de novo" – a new
de novo anew trial ordered when the previous one failed to reach a
conclusion.
The gods take care
deorum injuriae Blasphemy is a crime against the State, rather than
of injuries to the
diis curae against God.
gods
A statement given some weight or consideration due
dictum (thing) said
to 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.
Heavily used in the context of genocide in
dolus specialis Specific deceit
international law.
Tame or domesticated animal. Also called
domitae naturae tame by nature mansuetae naturae. Opposite of ferae naturae
(below)
Gift causa mortis; "The donor, contemplating
imminent death, declares words of present gifting
donatio mortis 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."[4]
dramatis persons of the
personae drama
duces tecum bring with you A "subpoena duces tecum" is a summons to produce
physical evidence for a trial.
Known as a "canon of construction", it states that
when a limited list of specific things also includes a
ejusdem generis of the same class more 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 owed towards
erga omnes towards all
all.
ergo therefore
having been made
erratum
in 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
and the following following ones". Used in citations to indicate that the
et seq.
things cited portion extends to the pages following the cited
page.
Usually used instead of naming a man's wife as a
et uxor and wife /ˌɛt ˈʌksɔːr/
party in a case.
Usually used instead of naming a woman's husband
et vir and husband /ˌɛt ˈvɜːr/
as 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
bono good
not 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 Also known as "argument from commitment", a type
ex concessis
conceded already of valid ad hominem argument.
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
ex facie on the face illegal, it can be considered void ex facie without any
further analysis or arguments.
good business
ex fida bona
norms
Something done voluntarily and with no expectation
ex gratia by favor
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.
ex post facto from a thing done Commonly said as "after the fact."
afterward
ex post facto A retroactive law. E.g. a law that makes illegal an act
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
voided or confirmed in effect only in the future and
ex nunc from now on
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.
A type of contract wherein one party agrees to do
I do, that you may
facio ut facias work for the other, in order that the second party can
do
then perform some work for the first in exchange.
1. an assured statement made; 2. completion of a
factum deed will and all its parts to make it valid and legal; 3).
book of facts and law presented in a Canadian court.
A concept in treaty law that prefers the maintaining
favor of the
favor contractus of a contract over letting it expire for purely
contract
procedural reasons.
A suicide. This archaic term stems from English
common law, where suicide was legally a felony,
felo de se felon of himself
thus 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.
nature
Opposite 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
May you cause to
fieri facias that damages awarded by the court are properly
be done.
recovered. 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 is
validior
presumption attached to 'land' and to 'what' "
praesumptionem
A concept wherein a court refuses to hear a
forum non /ˈfoʊrəm nɒn
disagreeable forum particular matter, citing a more appropriate forum for
conveniens kənˈviːniɛnz/
the issue to be decided.
smoke of a good Refers to having a sufficient legal basis to bring legal
fumus boni iuris
right action.
A person, court, statute, or legal document that has
having performed
functus officio no legal authority, because its original legal purpose
his office
has been fulfilled.
gravamen things weighing The basic element or complaint of a lawsuit. /ɡrəˈveɪmɛn/
down
An independent party appointed in family law
guardian ad guardian for the disputes to represent parties that cannot represent
litem case themselves, 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" /ˈheɪbiəs
habeas corpus
body. of the detained brought before the court where the ˈkɔːrpəs/
detention will be investigated.
hostis humani enemy of the A party considered to be the enemy of all nations,
generis human race such as maritime pirates.
An authorization for a document to be printed. Used
imprimatur Let it be printed. in the context of approval by a religious body or other
censoring authority.
A legal proceeding conducted without the presence
in absentia in absence of one party is said to be conducted in 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 of in
in camera in the chamber
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
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
in blazing offense
delicto of 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
in forma in the manner of a /ɪn ˌfɔːrmə
seeking justice, such persons are given in forma
pauperis pauper ˈpɔːpərɪs/
pauperis status (usually abbreviated IFP), wherein
most costs are waived or substantially reduced.
Refers to things to come, or things that may occur
in futuro in the future later but are not so now. As in in futuro debts, i.e. /ɪn fjuːˈtjuːroʊ/
debts 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
in the place of a /ɪn ˌloʊkoʊ
in loco parentis be used in transfers of legal guardianship, or in the
parent pəˈrɛntɪs/
case of 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 offenses
committed in the past. Also known as an amnesty
 law.
Used to mean "in every respect." Something
in omnibus in all
applying 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
on one's own One who represents themselves in court without the
in prope persona
person [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 [official]
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 is in rem or quasi in rem
in re in the matter [of] and not in personam (e.g. probate or bankrupt estate, /ɪn ˈriː/
guardianship, 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
in rem about a thing opposed to a particular person. See also in rem /ɪn ˈrɛm/
jurisdiction. Cf. in personam.
Often used in the context of decisions or rulings
/ɪn ˈsaɪtjuː, ɪn
in situ in position about a property or thing "left in place" after the case
ˈsɪtjuː/
as it 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
in terrorem clause "in order to
contests the will with being disinherited. Also called a
clause frighten"
no-contest 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
It was stated in Ashby v. White that the law makes a
injury without presumption of damage in the absence of actual
iniuria sine /ɪnˈjuːriə ˈsaɪni
financial or property perceptible damage or financial loss and that the
damno ˈdæmnoʊ/
loss infringement of a right was enough for iniuria sine
damno to be actionable.[9]
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.
inter se amongst Refers to obligations between members of the same
themselves group or party, differentiated from the whole party's
obligations to another party.
Refers to a gift or other non-sale transfer between
/ˌɪntər
inter vivos between the living living parties. This is in contrast to a will, where the
ˈvaɪvɒs/
transfer takes effect upon one party's death.
intra within
intra fauces within the jaws of
This term refers to a nation's territorial waters.
terrae the land
Used in various contexts to refer to the legal
intra legem within the law
foundation for a thing.
Something done which requires legal authority, and
intra vires within the powers
the act is performed accordingly. Cf. ultra vires.
An assertion given undue weight solely by virtue of
ipse dixit He himself said it. /ˈɪpsi ˈdɪksɪt/
the 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 an affidavit, where the party
making the affirmation signs the oath, and the
jurat (He) swears
information on whom the oath was sworn before is
placed.
juris privati of private right Not clothed with a public interest.
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
jus accrescendi right of survivorship
way 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.[4]
Refers to legalities considered before entering into a
war, to ensure it is legal to go to war initially. Not to
jus ad bellum laws to war
be 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
jus civile civil law
the laws apply to them.
Internationally agreed laws that bear no deviation,
jus cogens compelling law and 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 Laws governing treaties and international
jus inter gentes
peoples agreements.
jus naturale natural law Laws common to all people, that the average person
would find reasonable, regardless of their nationality.
 Supposed right of the lord of an estate to take the
jus primae right of the first
virginity of women in his estate on their wedding
noctis night
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.
Arguments made by a third party in disputes over
possession, the intent of which is to question one of
jus tertii law of the third
the principal parties' claims of ownership or rights to
ownership.
A situation arising that is not covered by any law,
especially when related situations are covered by the
law or where the situation appears to fall "between"
lacunae void, gap
multiple laws. Generally used in International Law,
which is less comprehensive than most domestic
legal systems.
Alternate form of jus commune. Refers to common
lex communis common law
facets of civil law that underlie all aspects of the law.
the law of the country in which an action is brought
lex fori
out
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 govern the
contract.
Law that specifically codifies something, as opposed
lex scripta written law
to common law or customary law.
An aspect of a unanimous voting system, whereby
liberum veto free veto
any member can end discussion on a proposed law.
A language common to an area that is spoken by all,
even if not their mother tongue. Term derives from
the Frankish
lingua franca the name given to a common language used by
language
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
lis pendens suit pending of legal proceedings to come. Compare pendente lite
(below).
locus place
Shorthand version of Lex locus delicti 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/
mala fide (in) bad faith A condition of being fraudulent or deceptive in act or
 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 context of
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".
/ˈmeɪ.ə
mea culpa through my fault An acknowledgement of wrongdoing.
ˈkul.pə/
One of the requirements for a crime to be committed,
the other being actus reus, the guilt act. This
mens rea guilty mind essentially is the basis for the notion that those /ˈmɛns ˈriːə/
without sufficient mental capability cannot be judged
guilty 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 to
motion in limine motion at the start
suppress or pre-allow certain evidence or testimony.
A caution to a reader when using one example to
having changed
illustrate a related but slightly different situation. The
mutatis [the things that]
caution is that the reader must adapt the example to
mutandis needed to be
change what is needed for it to apply to the new
changed
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
Nemo debet bis It is a principle of double jeopardy (autrefois acquit)
tried twice (in
vexari (pro una where a person should not be tried twice on the same
respect to the
et eadem causa) matter.
same matter)"
"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.
nisi prius unless first Refers to the court of original jurisdiction in a given /ˈnaɪsaɪ
 matter. ˈpraɪəs/
A statement from the prosecution that they are
/ˈnɒli
nolle prosequi not to prosecute voluntarily discontinuing (or will not initiate)
ˈprɒsɪkwaɪ/
prosecution 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
plaintiff has not themselves met their own.
non compos not in possession Not having mental capacity to perform some legal
mentis of [one's] mind act
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
verdicto verdict jury verdict and reverse or modify the decision.
A break in causation (and therefore probably liability)
novus actus a new action
because something else has happened to remove
interveniens coming between
the 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
nunc pro tunc now for then
or clerical error.
In law, an observation by a judge on some point of
law not directly relevant to the case before him, and
a thing said in thus 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.
(evidence)
ore tenus
presented orally
pace with peace Used to say 'contrary to the opinion of.' It is a polite /ˈpɑːtʃeɪ/
way of marking a speaker's disagreement with
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).
That which is
partus sequitur
brought forth Legal status of children of slaves
ventrem
follows the belly
Court orders used to provide relief until the final
while the litigation judgement is rendered. Commonly used in divorce
pendente lite
is pending proceedings. The adverbial form of lis pendens
(above).
Dividing money up strictly and equally according to
per capita by head
the 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
ˈkjuːriæm/
where 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 action on 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
danger in delay
mora action, such as a protective order or restraining order.
A person who is officially considered unwelcome by /pərˈsoʊnə
persona non a host country in which they are residing in a nɒn ˈɡrɑːtə,
unwelcome person
grata diplomatic capacity. The person is typically expelled pərˈsoʊnə nɒn
to their home country. ˈɡreɪtə/
A body of armed citizens pressed into service by
/ˈpɒsi
posse comitatus power of the county legal authority, to keep the peace or pursue a
ˌkɒmɪˈteɪtəs/
fugitive.
A logical fallacy that suggests that an action causes
post hoc ergo after this, therefore
an effect simply because the action occurred before
propter hoc because of this
the effect.
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,
auctoris death which usually are based around the author's lifetime.
return from the Refers to the return of legal standing and property of
postliminium
other a person who returns to the jurisdiction of Rome
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 /ˈpraɪmə
prima facie at first face
evidence as to be considered true. ˈfeɪʃii/
/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
pro per
meaning "one's own as 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
pro rata from the rate
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 /ˌproʊ ˈsiː,
pro se for himself
as 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.
Used in relation with objects whose purpose is to be
quae ipso usu Consumed by the
consumed or destroyed. Examples include food, fuel,
consumuntur use itself
medicine, matches or money.[10]
The question is raised. Used to declare that a
quaeritur It is sought.
question is being asked in the following verbiage.
Used in legal drafts to call attention to some
quaere query uncertainty or inconsistency in the material being
cited.
quantum how much
quantum meruit as much as it In contract law, a quasi-contractual remedy that
deserves; as much permits partial reasonable payment for an incomplete
as she or he has piece of work (services and/or materials), assessed
earned[7] proportionately, where no price is established when
the request is made.[7]
 In contract law, and in particular the
requirement for consideration, if no 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.[7]

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;[7] 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 hac parte In a qui tam action, one who assists the prosecution
qui tam sequitur, meaning of a case is entitled to a proportion of any fines or
"who pursues in penalties assessed.
this action as much
for the king as
himself".
An equal exchange of goods or services, or of
quid pro quo this for that money (or other consideration of equal value) for
some goods or services.
Returning to a specific state of affairs which
quo ante as before
preceded some defined action.
A request made to someone exercising some power,
quo warranto by what warrant to 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
R Rex or Regina Freeman meaning Regina against Freeman. Changes
with King or Queen on throne.
The point in a legal proceeding, or the legal
reason for the
ratio decidendi precedent so involved, which led to the final decision
decision
being what it was.
The popular opinion of Roman law, held by those in
ratio scripta written reason
the Medieval period.

by reason of the "Certain rights may arise by virtue of ownership of

rationae soli
soil the soil upon which wild animals are found."[4]
rebus sic things thus A qualification in a treaty or contract, that allows for
stantibus standing nullification in the event fundamental circumstances
change.
 The canon of construction that in a list of items
reddendo referring solely to
containing a qualifying phrase at the end, the qualifier
singula singulis the 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.[4]
res derelictae abandoned goods Material property abandoned by its owner
The principle that the occurrence of an accident
implies negligence. This principle allows the
the thing speaks for
res ipsa loquitur elements of duty of care, breach, and causation to
itself
be inferred from an injury that does not ordinarily
occur without negligence.
Differing meaning depending on what type of law 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 from hearsay rules.
/ˈriːz
A matter that has been finally adjudicated, meaning
dʒuːdɪˈkeɪtə,
res judicata a matter judged no further appeals or legal actions by the involved
ˈreɪz,
parties 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
res publica public affair
root 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
magnatum magnates repealed as a specific offense.
Used when offenses or torts were committed with the
scienter knowingly
full awareness of the one so committing.
A writ, directing local officials to officially inform a
scire facias Let them know.
party of official proceedings concerning them.
The official response of the official serving a writ of
I have made
scire feci scire facias, informing the court that the writ has
known.
been properly delivered.
secundum According to the
formam statuti form 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
sine die without day
a date to re-convene. See also adjournment sine die.
sine qua non without which, Refers to some essential event or action, without
nothing which 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.
to stand by [things] The obligation of a judge to stand by a prior /ˈsteɪri
stare decisis
decided precedent. dɪˈsaɪsɪs/
In contract law, in a case of innocent representation,
status quo the injured party is entitled to be replaced in statu
status quo ante the state in which quo. Note the common usage is status quo from the
statu quo Latin status quo ante, the "state in which before" or
"the state of affairs that existed previously."[7]
1) In property law, condominiums has said to occupy
stratum many stories about the ground.[4]
a covering, from 2) Stratum can also be a societial level made up of
neuter past individuals with similar status of social, cultural or
stratum
participle of economic nature.
sternere, to spread 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
sua sponte of its own accord
plaintiff or 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
subject to
sub modo to a contract after the original form has been agreed
modification
to by all parties.
Abbreviated sub nom.; used in case citations to
indicate that the official name of a case changed
sub nomine under the name
during 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
testificandum witnessed in a legal matter.
subpoena duces bring with you An order compelling an entity to produce physical
tecum under penalty evidence or witness in a legal matter.
A false statement made in the negotiation of a
suggestio falsi false suggestion
contract.
of its own
sui generis Something that is unique amongst a group.
kind/genus
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.
supersedeas refrain from A bond tendered by an appellant as surety to the
 court, 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
suppressio veri
truth auto accident from a prospective buyer of the car in
that accident.
Used in citations to refer to a previously cited
supra above
source.
Land that has never been part of a sovereign state,
terra nullius no one's land or land which a sovereign state has relinquished
claim to.
A completely new trial of a matter previously judged.
It specifically refers to a replacement trial for the
trial de novo trial anew
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
uberrima fides most abundant faith
must act with the utmost good faith.
where there is the
same reason there
ubi eadem ratio,
is the same law;[11] See the judgment of Lord Holt CJ in Ashby v White.
ibi idem jus
like reason doth
make like law.[12]
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
uti possidetis as you possess
of 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.
uxor wife
Usually 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 forbid
especially the enactment of legislation.
the other way
vice versa Something that is the same either way.
around
Used in citations to refer the reader to another
vide see
location.
contraction of
videre licet, Used in documents to mean "namely" or "that is".
videlicet
meaning "it is Usually abbreviated viz.
permitted to see"
viz. abbreviation of Namely.
videlicet

Civil law
 Literal
Term or phrase Definition and use English pron
translation
Accession, i.e. mode of acquisition by creation in which
something labor and other goods are added to property in such a
accessio
added manner that 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
accidentalia business
matter. Also called incidentalia (Roman-Dutch law). One
negotii incidentals
of three types of contractual terms, the others being
essentialia negotii and naturalia negotii.
itemized, e.g. sale ad quantitatem = item sale (e.g. 100
ad quantitatem by the quantity carp, 10,000 lbs. of sugar, 10 casks of corn) (vs. per
aversionem)
Entering into the inheritance, i.e. vesting of the
hereditary
aditio hereditatis inheritance in an heir or will beneficiary. See delatio
approach
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 fortuitus would describe the H.M.S. Bounty
casus fortuitus fortuitous event being at the wrong place when Hurricane Sandy came up
the coast.HMS Bounty Sinks (http://news.nationalgeograp
hic.com/news/2012/10/pictures/121030-hms-bounty-sinks-
science-nation-sandy-weather/) Compare vis maior (see
below).
Security or guarantee that heirs must provide in a case
cautio de guarantee to
where an absent person's estate is divided among them
restituendo reinstate
(insurance law)
Assignment, that is, the transfer of rights or benefits.

Parties: Types:

cedens ‘cedent’ (= cessio in anticipando -

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

bringing
collatio bonorum together of Hotchpot. Also called collatio inter liberos (Scots law).
goods
Confusion, i.e. acquisition by creation in which fungible
solid or liquid goods (and no labor) of different owners
intermingle in such a way that the mixture creates a new
commixtio commingling
thing and can no longer be separately identified, it is
owned by the owners in co-ownership (vs. accessio,
specificatio)
commodatum accommodation Loan for use, i.e. bailment of movable property that is not
perishable or consumable to be returned without payment.
Parties:
 commodans ‘bailor’
commodatarius ‘bailee’

communio community of The aggregate of marital property (or marital estate) under
bonorum goods a community property matrimonial regime.
balancing of Set-off. Type: compensatio lucri cum damno - set-off of
compensatio
accounts profit and loss
compensatio balance of Delay in payment or performance on the part of both the
morae delay debtor and the creditor.
Merger of counterparty rights in the same person (e.g.
melting
confusio debtor-creditor, buyer-seller, landlord-tenant, etc.), thereby
together
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
mores morals unenforceable.
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 share in a deceased's estate after having had an
cum beneficio under benefit of
appraisal and estate inventory drawn up, thereby
inventarii inventory
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. Compare tutela.
Parties are:
cura guardianship
curandus - ward
curator - guardian (see below)

Guardian under a curatorship (cura). 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
data certa certain date
ante- or post-dated
Species of accord and satisfaction by transfer or
giving in
datio in solutum assignment of property in lieu of money; kind of in-kind
payment
payment, as opposed to a money payment
(s)he for The deceased, decedent. Short for de cujus successione
de cujus
whom... agitur.
delatio hereditary
Falling open of succession. See aditio hereditatis.
hereditatis transferral
domicilium domicile for Address for service or notices (e.g. for contractual
citandi et summoning and purposes).
executandi carrying out
dominium plural, joint and
plurium in several Joint tenancy.
solidum ownership
dominium pro unpartitioned
Tenancy in common. Also known as communio pro
parte pro and undivided
partibus indivisis.
indiviso ownership
master of the
dominus litis Litigant, the client in a lawsuit, as opposed to the lawyer.
case
error in
error in
judgment (in Error of fact and reasoning (vs. error in procedendo)
iudicando
court)
error in procedural error
Error on a point of law or procedure (vs. error in iudicando)
procedendo (in court)
Express or implied contractual terms that are required
essentalia business either by law or by the contract's subject matter. One of
negotii essentials three types of contractual terms, the others being
accidentialia 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 a si
sine liberis decesserit clause or through a prohibition
against alienation in the will.[13]

Parties: Types:
entrusting to (a
fideicommittens fideicommissum simplex
fideicommissum person's) good
‘grantor’ (= testator) - one ‘gift-over’ to single
faith.
fiduciarius ‘fiduciary’ (= beneficiary
trustee) fideicommissum multiplex
fideicommissarius - multiple gift-overs to a
‘fideicommissary’ (= succession of
beneficiary) beneficiaries
fideicommissum residui -
fiduciary can alienate 3/4
of assets

fideiussio Suretyship.
Emblements; in property law, a co-owner profiting from her
fructus or his fructus industriales is solely responsible for any
industrial fruits
industriales losses that my occur.[4] (vs. fructus naturales, see
below).
Vegetation naturally growing from old roots (as pasturage)
fructus
natural fruits or from trees (as timber or fruit) (vs. fructus industriales,
naturales
see above).
hereditas iacens lying Estate of inheritance before vesting in heirs
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
in casu in the case
before 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
in solidum for the whole as co-signers to a loan, the debtor can sue a single party
in solidum, that is jointly and severally, to recover the
entire amount owed.
inaedificatio building Attachment of movables to land, accession by building
(Scots law) person not having capacity (mental, legal, or
incapax incapable [ɪnˈkapaks]
otherwise).
Unworthy beneficiary or heir, who is precluded from
indignus (heres) unworthy heir inheriting 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 limited legal capacity. Plural infantes.
brought in and Tenant's things brought into the leased premises for
invecta et illata
carried out his/her temporary use
iudex ad quem Appellate court or court of last resort (vs. iudex a quo)
Lower court from which an appeal originates; originating
iudex a quo
court (vs. iudex ad quem)
the court knows The principle that the parties to a legal dispute do not
iura novit curia
the law need to plead or prove the law that applies to their case.
(Civil law) Accretion, i.e. right of a will beneficiary to
succeed proportionately to a testamentary gift that
ius accrescendi right of accrual
another beneficiary in the same will cannot or does not
want to take.
Not actually referring to common law; this term refers to
common doctrine and principles of civil law that underlie
ius commune common law
all aspects of civilian legal systems and that formed the
basis of medieval Roman law.
Right of pursuit, i.e. the creditor's right to pursue a debt
right of
ius persequendi that runs with the land into the hands of a bona fide
following
purchaser
right of Priority right or preferential right, i.e. a creditor's right to
ius praeferendi
preferring rank higher relative to another
Right of a third-party beneficiary to sue in order to enforce
ius quaesitum right to third-
a third-party contract, i.e. the opposite of privity of
tertio party relief
contract.
right of
ius retentionis Lien (possessory)
retaining
Lesion beyond moiety, i.e. excessive loss or injury used
laesio enormis unusual injury as grounds for setting aside a contract; sold for less than
half its value or purchased for more than double
lex commissoria cancelling law 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 sale shall be forfeited and the sale rescinded if
outstanding payments are defaulted. Also known as a
pactum commissorium.
As in ‘prescription liberandi causa’, i.e. liberative
liberandi causa liberating cause prescription (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,

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

monstrum monster Child born with severe deformities. Plural monstra.

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

Express or implied contractual terms that go to the root of

business a contract's subject matter. One of three types of
naturalia negotii
naturals contractual terms, the others being accidentialia 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
negotiorum management of affecting other people, obliging the benefited party
gestio affairs (dominus negotii) to 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
non bis in idem [nɔnbisinidɛm]
same be brought twice for the same act or offense.
Appeal by way of hearing de novo, i.e. the case is retried
with no restrictions of scope: errors of law are reviewed
novum iudicium new judgment
and new findings of fact are made. (vs. revisio prioris
instantiae)
nudum naked precept If a testator places a prohibition on a testamentary gift but
praeceptum fails to say what should happen to the gift if the
prohibition is contravened, the prohibition is said to be
 ‘nude’, i.e. a nudum 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,
pactum de agreement to known as the parent or principal contract. Includes
contrahendo contract binders (in real 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
heir. Plural pacta successoria. The most common forms
are:
pactum inheritance pactum renunciativum (aka pactum de non
successorium agreement succedendo) - disclaimer of interest
pactum acquisitivum (aka pactum conservandae
successionis) - deed of variation
pactum de hereditate tertii viventis - family settlement
agreement.

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
father of the care are:
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.
(1) description, whereby the surrounding property is used
to provide the legal description of the boundaries of the
per aversionem by turning away 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.
praedium estate Landed property, tenement of land, especially with respect
to an easement (servitude). 2 types:
 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
solemnitatis solemnity contents.
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
potior iure stronger in law (a 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.
Agent, attorney-in-fact. Types:

procurator ad causas - attorney employed to assist a

litigant in the conduct of his lawsuit
procurator 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
restitutio in total damaged property, to its original condition.
integrum reinstatement (2) In contract law, when considering breach of contract
and remedies, to restore a party to an original position.[7]
revisio prioris review of the Appeal by way of re-hearing or pure appeal (aka appeal
instantiae court below stricto sensu); the scope is limited to errors of law and no
new factual findings are possible; the case is traditionally
remitted 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
substance
substantia
intact quality until transferred to the fideicommissary.[13] Plural
salva rerum substantia. See fideicommissum.
Servitude, i.e. an easement. Plural servitutes.

Types: Sub-types:

servitus personarum servitus itineris -

‘personal servitude’ (=
easement in gross)
servitus praediorum
‘praedial servitude’ (=
easement appertunant)
servitude,
servitus
subjugation
ingress/egress easement
servitus ne luminibus
officiatur - right to light
(aka solar easement)
servitus non altius tollendi
- restricts building beyond
a 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 a fideicommissum

if (he) should by imposing a condition on the will beneficiary that if (s)he
si sine liberis
depart without dies childless, the testamentary gift will transfer to a third
decesserit
children party. Ex: If A dies childless after my death, the farm
must go to B.[13] See fideicommissum.
performance of Undue performance or payment, obliging the enrichee
solutio indebiti something not (accipiens) to return the undue payment or compensate
due the impoverishee (solvens) for the undue performance
Specification, i.e. mode of acquisition by creation wherein
something new is made by adding labor (manufacturing)
specificatio to 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
Third-party contract. Also known as pactum in favorem
tertii (Scots law). The parties are:
another’s
stipulatio alteri (contractual) promittens ‘promisor’
provision stipulans ‘promisee’
alteri ‘third-party beneficiary’

Surface right, surface estate. Parties:

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

tantum et tale thus and such (Scots law) "as is", to disclaim implied warranties, as in to
purchase or convey something tantum et tale.
transactio transaction Out-of-court settlement
Tutorship, i.e. legal guardianship under which the ward is
only partially or temporarily incapable. Compare cura.
Parties are
tutela guardianship
pupillus - ward
tutor - guardian

Contemporaneously; when the phases of something are

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

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

Ecclesiastical law
 Term or
Definition and use
phrase
advocatus
Official who argues against an individual's beatification
diaboli
Person in a cathedral who supervises regular performance of religious services and assigns
ebdomadarius
duties of choir members
eleemosynae Possessions of the church
embryo
Human embryo "organized into human shape and endowed with a soul"[14]
formatus
embryo
Human embryo before endowment with a soul[15]
informatus
episcoporum
church lawyer
ecidicus

episcopus "bishop of the boys"; a layperson who on some feastdays braided his hair, dressed as a bishop
puerorum and acted in a "ludicrous" manner[14]
excommunicato Writ originally issued from chancery that required a sheriff to arrest and imprison an
capiendo excommunicant defendant
excommunicato Writ ordering excommunicant imprisoned for "obstinancy" be re-imprisoned if freed before
recapiendo agreeing to obey authority of church
Extravagantes Papal constitutions and decretal epistles of Pope John XXII
formata Canonical letters
gardianus
Churchwarden
ecclesiae
"Does he read or not?"; this question was asked to church officials by secular courts when an
legit vel non accused defendant claimed a jurisdictional exemption under benefit 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)
Byzantine law
Code of Hammurabi
Corpus Juris Canonici
International Roman Law Moot Court
Law French
List of Latin abbreviations
List of Latin phrases (full)
List of fallacies
List of Roman laws
Twelve Tables

Notes
1. Yogis, John (1995). Canadian Law Dictionary (4th ed.). Barron's Education Series.
2. Black's Law Dictionary (11th ed.). 2019.
 3. Gordon v. Steele, 376 F. Supp. 575 (https://law.justia.com/cases/federal/district-courts/FSup
p/376/575/1468484/), 577–78 (W.D. Pa. 1974) ("The fact of residency must be coupled with
a finding of intent to remain indefinitely")(quoting Gallagher v. Philadelphia Transp. Co., 185
F.2d 543, 546 (3d Cir. 1950))
4. Benson, Marjorie L; Bowden, Marie-Ann; Newman, Dwight (2008). Understanding Property:
A Guide (2nd ed.). Thomson Carswell.
5. "Animus testandi" (https://www.merriam-webster.com/legal/animus%20testandi). Merriam
Webster. Retrieved February 11, 2021.
6. A Selection of Legal Maxims, classified and illustrated (https://books.google.com/books?id=
ePlWAAAAcAAJ&pg=PA151&q=cessante+ratione+legis+cessat+ipsa+lex), p. 151, at
Google Books
7. Willes, John A; Willes, John H (2012). Contemporary Canadian Business Law: Principles
and Cases (9th ed.). McGraw-Hill Ryerson.
8. Fellmeth, Aaron X.; Horwit, Maurice (2009). Guide to Latin in International Law (https://book
s.google.com/books?id=Qt3nCwAAQBAJ). Oxford University Press. p. 76.
ISBN 9780195369380. Retrieved 23 August 2021.
9. Cases Illustrating the Principles of the Laws of Torts (https://books.google.com/books?id=8N
0zAAAAIAAJ&pg=PA476&q=Ashby), p. 476, at Google Books
10. Foëx, Benedict (2017). "Intro. aux art. 641–645 CC". Commentaire romand, Code civil II (in
French). Basel: Helbing Lichtenhahn. p. 1110.
11. O'Hara v State, 448 So.2d 524 (https://www.casemine.com/judgement/us/59148f67add7b04
934564bad/amp), 529 (District Court of Appeal of Florida, Fifth District 1984) ("(Footnote
[13]) Ubi eadem ratio ibi; idem jus; et de similibus idem est judicium. Where there is the
same reason, there is the same law; and where there are similar situations, the judgment is
the same.").
12. A Selection of Legal Maxims: Classified and Illustrated (https://books.google.com/books?id=
ag4yAAAAIAAJ&pg=PA64&q=Like+reason+doth+make+like+law), p. 64, at Google Books
13. M.J. de Waal, ‘The Law of Succession’, in Introduction to the Law of South Africa, eds. C. G.
van der Merwe & Jacques E. du Plessis (The Hague: Kluwer Law International, 2004), 183–
5.
14. Black's Law Dictionary, 9th edition
15. The distinction between embryo 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 of formatus was accepted as the 40th
day after conception for a male fetus and the 80th day for a female fetus. However, informed
by modern science of embryo development, the Church now recognizes these assumptions
be erroneous.

References
Gabriel Adeleye & Kofi Acquah-Dadzie. World Dictionary of Foreign Expressions: A
Resource for Readers and Writers. Ed. by Thomas J. Sienkewicz & James T. McDonough,
Jr. Wauconda, Ill.: Bolchazy-Carducci Publishers, 1999.
Ruben E. Agpalo. Agpalo’s Legal Words and Phrases. Manila, Philippines: Rex Book Store,
1997.
Harold Rudolf Walraven Gokkel & Nicolaas van der Wal. Juridisch Latijn, 6th edn. Deventer:
Kluwer, 2001.
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. New York: Law and
Business Publications, 1980.
Russ VerSteeg. Essential Latin for Lawyers. Durham, North Carolina: Carolina Academic
Press, 1990.

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