List of Latin Legal Terms

List of Latin legal terms
A number of Lat in t erms are used in legal t erminology and legal maxims. This is a part ial list of
t hese t erms, which are wholly or subst ant ially drawn from Lat in, or anglicized Law Lat in.
Common law
Term or
Literal translation Definition and use English pron
phrase
An a fortiori argument is an "argument from a

stronger reason", meaning that, because one /ˌ eɪ fɔːrtiˈ oʊraɪ,
a fortiori from stronger
fact is true, a second (related and included) ˌ eɪ fɔːrʃiˈ oʊraɪ/
fact must also be true.
Divorce a mens a et thoro indicates legal /ˌ eɪ ˈ mɛnsə ɛt

a mens a et thoro from table and bed
separation without legal divorce. ˈ θoʊroʊ/
An argument derived after an event, having the

/ˌ eɪ
a pos teriori from later knowledge about the event. Inductive
ˌ pɒstiːrioʊraɪ/
reasoning from observations and experiments.
An argument derived before an event, without

needing to have the knowledge about the
a priori from earlier /ˌ eɪ praɪoʊraɪ/
event. Deductive reasoning from general
principles.
Regarding a court below in an appeal, either a

a quo from which court of first instance or an appellate court, /ˌ eɪ ˈ kwoʊ/
known as the court a quo.
Concerning a case, a person may have

ab extra from outside received some funding from a 3rd party. This /ˌ æb ˈ ɛkstrə/
funding may have been considered ab extra .
"Commonly used referring to the time a

contract, statute, marriage, or deed become
ab initio from the beginning /ˌ æb ɪˈ nɪʃioʊ/
legal. e.g. The couple was covered ab initio by
her health policy." [1]
"Presenting the negative portion of a plea

abs que hoc without this when pleading at common by way a special /ˌ æbskweɪ ˈ hɒk/
[1]
traverse."
The requirement that in most private legal

Ac tio non datur non An action is not given to
actions, the person bringing the action must
damnific ato one who is not injured.
have been damaged in some way.[2]
Ac tus legis nemini The act of law injures no

fac it injurium one.
The prosecution in a criminal case must prove

Ac tus non fac it No act is punishable that
beyond a reasonable doubt, not only a criminal
reum, nis i mens s it is not the result of a guilty
act, but also a certain level of a guilty mind
rea mind.
(mens rea), specified in the criminal statute.[3]
Part of what proves criminal liability (with mens

ac tus reus guilty act /ˌ æktəs ˈ riːəs/
rea ).
Term or
phrase
Abbreviated from Cuius es t s olum eius es t

us que ad c oelum et ad infernos which
translates to "[for] whoever owns [the] soil, [it] is
ad c oelum to the sky his all the way [up] to Heaven and [down] to /ˌ æd ˈ siːləm/
Hell." The principle that the owner of a parcel
of land also owns the air above and the ground
below the parcel.
In cases of a disputed will, delay may endanger

the assets of the deceased. Therefore, a
court can give a person a writ of ad c olligenda /ˌ æd
ad c olligenda bona to collect the goods bona , which entitles them to collect and ˈ kɒlliːdʒɛndə
preserve the goods while their rightful owner is ˈ boʊnə/
determined. Afterwards, that person will
release the goods to the rightful owner.[4]
Generally signifies a solution designed for a

specific problem or task, non-generalizable,
ad hoc for this /ˌ æd ˈ hɒk/
and not intended to be able to be adapted to
other purposes.
Attempting to make a point of logic by

ad hominem at the person attacking an opponent's character rather than /ˌ æd ˈ hɒmɪnɛm/
answering their argument.
ad idem to the same thing In agreement. /ˌ æd ˈ aɪdəm/
ad infinitum to infinity To continue forever. /ˌ æd ɪnfɪˈ naɪtəm/
Describes those designated to represent

parties deemed incapable of representing
ad litem for the case /ˌ æd ˈ laɪtɛm/
themselves, such as a child or incapacitated
adult.
Used in tort law. Implies that the reward or

ad quod damnum according to the harm penalty ought to correspond to the damage
suffered or inflicted.
ad valorem according to value /ˌ æd vəˈ loʊrɛm/
adjournment s ine adjournment without a When an assembly adjourns without setting a

/ˌ saɪni ˈ daɪi/
die day date for its next meeting.
affidavit he has sworn A formal statement of fact. /ˌ æfɪˈ deɪvɪt/
Generally, a statement from a court that a writ

is allowed (i.e. granted); most commonly, a
grant of leave to appeal by the Supreme Court
alloc atur it is allowed /ˌ ælloʊkeɪtʊr/
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. /ˌ ɒltər ˈ iɡoʊ/
Term or
phrase
Alteri s tipulari nemo No-one can alter on their

potes t own a contract
A person who offers information to a court

amic us c uriae friend of the court /əˈ maɪkəs ˈ kjuːrii/
regarding a case before it.
/ˈ ænɪməs
animus c ontrahendi contractual intent Intention to contract.
kɑːnˈ trəhɛndi/
The subjective intent to remain indefinitely in a

place so as to establish it as one's permanent
animus manendi intention to remain residence.[5] Along with actual residence, this
is used to establish domicile.[6] 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
animus noc endi intention to harm
of illegal content of their behaviour, and of its
possible consequences.
"In order to claim possessory rights, an

individual must establish physical control of
animus pos s idendi intention to possess
the res and the intention to possess (i.e.
animus possidendi)" [7]
"Wild animals, such as bees and homing

pigeons, that by habit go 'home' to their
animus revertendi intention to return
possessor. Used when discussing ferae
naturae." [7]
The intention, when writing a document, that

animus tes tandi testamentary intent the document should serve as a last will and
testament.[8]
“An antenuptial agreement is a contract

ante before between two people that is executed before
marriage.”
(in) arguendo for the sake of argument
Implies sincere good intention regardless of

bona fide in good faith /ˈ boʊnə ˈ faɪdi/
outcome.
bona vac antia ownerless goods
Indicates that a settlement to a dispute or

c adit quaes tio the question falls issue has been reached, and the issue is now
resolved.
c as us belli case of war The justification for acts of war. /ˈ keɪsəs ˈ bɛlaɪ/
When used by itself, refers to a qualification, or

c aveat May he beware
warning.
Term or
phrase
In addition to the general warning, also refers

to a legal doctrine wherein a buyer could not /ˈ kæviæt
c aveat emptor Let the buyer beware
get relief from a seller for defects present on ˈ ɛmptɔːr/
property which rendered it unfit for use.
/ˌ sɜːrʃiəˈ reɪraɪ,
c ertiorari to be apprised A type of writ seeking judicial review.
ˌ sɜːrʃiəˈ reɪri/
Herbert Broom′s text of 1858 on legal maxims

c es s ante ratione when the reason for a law lists the phrase under the heading ″Rules of
legis c es s at ips a ceases, so does the law logic″, stating: Reas on is the s oul of the law,
lex itself and when the reas on of any partic ular law
c eas es , s o does the law its elf. [9]
with other things the More commonly rendered in English as "All /ˌ sɛtərɪs
c eteris paribus
same other things being equal." ˈ pærɪbəs/
Of sound mind. Also used in the negative "Non

/ˈ kɒmpɒs
c ompos mentis having command of mind compos mentis", meaning "Not of sound
ˈ mɛntɪs/
mind".
c ondic io s ine qua A condition without which An indispensable and essential action,
non it could not be condition, or ingredient.
Meeting of the minds, mutual assent, or

concurrence of wills. Parties must be of one
c ons ens us ad idem agreement to the same mind and their promises must relate to the
same subject or object [10] Also c ons ens us in
idem.
Used in case citations to indicate that the

c ontra against cited source directly contradicts the point
being made.
Used when a court or tribunal hands down a

c ontra legem against the law decision that is contrary to the laws of the
governing state.
c ontradic tio in A contradiction where adjective contradicts

contradiction in adjective
adjec to its noun (e.g., a square triangle).
Used in contract law to stipulate that an

ambiguous term in a contract shall be
interpreted against the interests of the party
against the one bringing
c ontra proferentem that insisted upon the term's inclusion.
forth
Prevents the intentional additions of
ambiguous terminology from being exploited
by the party who insisted on its inclusion.
Refers to a legal proceeding without a judge,

before one who is not a
c oram non judic e or with a judge who does not have proper
judge
jurisdiction.
Term or
phrase
A person cannot be convicted of a crime,

/ˈ kɔːrpəs
c orpus delic ti body of the crime unless it can be proven that the crime was
dɪˈ lɪktaɪ/
even committed.
The complete collection of laws of a particular /ˈ kɔːrpəs

c orpus juris body of law
jurisdiction or court. ˈ dʒuːrɪs/
The complete collection of civil laws of a

/ˈ kɔːrpəs ˈ dʒuːrɪs
c orpus juris c ivilis body of civil law particular jurisdiction or court. Also sometimes
sɪˈ vaɪlɪs/
used to refer to the Code of Justinian.
c orpus juris
body of the law of nations The complete collection of international law.
gentium
c orpus juris An encyclopedia of US law drawn from US

s ec undum Federal and State court decisions.
c rimen fals i crime of falsifying Forgery.
Suggests that the perpetrator(s) of a crime

can often be found by investigating those who
c ui bono as a benefit to whom?
would have benefited financially from the
crime, even if it is not immediately obvious.
Signifies the intent of a court to consider the

the court wishes to
c uria advis ari vult points of law argued during advocacy, prior to
consider
judgement.
Specifies that larceny was taking place in

de bonis as portatis carrying goods away addition to any other crime named. E.g.
"trespass de bonis asportatis".
Complete annihilation of a warring party,

debellatio warring down
bringing about the end of the conflict.
Assets of an estate remaining after the death

(or removal) of the designated estate
de bonis non of goods not
administrator. An "administrator de bonis non
adminis tratis administered
adminis tratis " will then be appointed to
dispose of these goods.
Generally refers to a type of labor in which the

de die in diem from day to day worker 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
de fac to in fact
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

de integro concerning the whole
context of "repeat de integro".
Term or
phrase
Literally "from law"; something that is

de jure according to law established in law, whether or not it is true in
general practice. Cf. de fac to.
Used in the context of "how the law should

de lege ferenda of the law as it should be
be", such as for proposed legislation.
Concerning the law as it exists, without

de lege lata of the law as it is
consideration of how things should be.
Various legal areas concerning small amounts

de minimis about the smallest things
or small degrees.
de minimis non the law is not concerned The rule that the law will not remedy an injury
c urat lex with minimal things that is minimal.[11]
Often used in the context of "trial de novo" – a

de novo anew new trial ordered when the previous one failed
to reach a conclusion.
deorum injuriae diis The gods take care of Blasphemy is a crime against the State, rather
c urae injuries to the gods than against God.
A statement given some weight or

dic tum (thing) said consideration due to the respect given the
person making it.
Presumption that young children or persons

doli inc apax incapable of guilt with diminished mental capacity cannot form
the intent to commit a crime.
dolus bonus Justinian Digest
dolus malus Justinian Digest
Heavily used in the context of genocide in

dolus s pec ialis Specific deceit
international law.
Tame or domesticated animal. Also called

domitae naturae tame by nature mans uetae naturae. Opposite of ferae naturae
(below)
Gift c aus a mortis ; "The donor, contemplating

imminent death, declares words of present
gifting and delivers the gift to the donee or
donatio mortis
deathbed gift someone who clearly takes possession on
c aus a
behalf of the donee. The gift becomes
effective at death but remains revocable until
that time." [7]
dramatis pers onae persons of the drama
A "subpoena duces tecum" is a summons to

duc es tec um bring with you
produce physical evidence for a trial.
Term or
phrase
Known as a "canon of construction", it states

that when a limited list of specific things also
includes a more general class, that the scope
ejus dem generis of the same class
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

erga omnes towards all
towards all.
ergo therefore
erratum having been made in error
et al. and others Abbreviation of et alii, meaning "and others".
et c etera and other things Generally used in the sense of "and so forth".
Abbreviation of et s equens , meaning "and the

following ones". Used in citations to indicate
et s eq. and the following things
that the cited portion extends to the pages
following the cited page.
Usually used instead of naming a man's wife as

et uxor and wife /ˌ ɛt ˈ ʌksɔːr/
a party in a case.
Usually used instead of naming a woman's

et vir and husband /ˌ ɛt ˈ vɜːr/
husband 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 only what is fair and good
ex aequo et bono of equity and [the] good
for the specific case, and not necessarily what
the law may require. In courts, usually only done
if all parties agree.
Essentially meaning "before the event", usually

ex ante of before /ˌ ɛks ˈ ænti/
used when forecasting future events.
Where c hair refers to authority or position.

ex c athedra from the chair
Authority derived from one's position.
from what has been Also known as "argument from commitment", a

ex c onc es s is
conceded already type of valid ad hominem argument.
ex delic to from a transgression The consequence of a crime or tort.
part of the title of the old action of ejectment

ex demis s ione from a transgression
Jones v. Doe ex dem. S mith
Ex dolo malo non No action arises from

oritur ac tio harm
ex fac ie on the face If a contract is blatantly and obviously

incorrect or illegal, it can be considered void
Term or
phrase
ex fac ie without any further analysis or

arguments.
ex fida bona good business norms
Something done voluntarily and with no

ex gratia by favor expectation of a legal liability arising
therefrom.
Something done or realized by the fact of

ex offic io from the office
holding an office or position.
A decision reached, or case brought, by or for

ex parte from [for] one party one party without the other party being
present.
ex pos t from after Based on knowledge of the past.
from a thing done

ex pos t fac to Commonly said as "after the fact."
afterward
A retroactive law. E.g. a law that makes illegal

ex pos t fac to law
an act that was not illegal when it was done.
ex proprio motu by [one's] own motion Commonly spoken as "by one's own accord."
Abbreviation of ex relatione. Used when the

[arising] out of the government brings a case that arises from the
ex rel
narration [of the relator] information conveyed to it by a third party
("relator").
Referring to a decision delivered at the time of

ex tempore At the time a hearing, rather than having the judgment
reserved for a later date.
exempli gratia for the sake of example Usually abbreviated "e.g.".
Term used in contract law to specify terms

ex tunc from then that are voided or confirmed in effect from the
execution of the contract. Cf. ex nunc .
Ex turpi c aus a non

oritur ac tio
Term used in contract law to specify terms

that are voided or confirmed in effect only in
ex nunc from now on
the future and not prior to the contract, or its
adjudication. Cf. ex tunc .
Refers to things that are currently existing at a

extant existing given point, rather than things that are no
longer so.
fac io ut fac ias I do, that you may do A type of contract wherein one party agrees to
do work for the other, in order that the second
Term or
phrase
party can then perform some work for the first

in exchange.
1. an assured statement made; 2. completion

of a will and all its parts to make it valid and
fac tum deed
legal; 3). book of facts and law presented in a
Canadian court.
A concept in treaty law that prefers the

favor c ontrac tus favor of the contract maintaining of a contract over letting it expire
for purely procedural reasons.
A suicide. This archaic term stems from

English common law, where suicide was legally
felo de s e felon of himself a felony, thus a person who committed suicide
was treated as a felon for purposes of estate
disposal.
Wild animals residing on unowned property do

ferae naturae wild animals by nature not belong to any party in a dispute on the land.
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

May you cause to be
fieri fac ias ensure that damages awarded by the court are
done.
properly recovered. A writ of execution.
fortis When determining whether a chattel is a

attac hiamentum, strong attachment, the fixture: "size doesn't matter, how much or
validior stronger presumption degree chattel is attached to 'land' and to
praes umptionem 'what' "
A concept wherein a court refuses to hear a

forum non /ˈ foʊrəm nɒn
disagreeable forum particular matter, citing a more appropriate
c onveniens kənˈ viːniɛnz/
forum for the issue to be decided.
Refers to having a sufficient legal basis to

fumus boni iuris smoke of a good right
bring legal action.
A person, court, statute, or legal document

having performed his
func tus offic io that has no legal authority, because its original
office
legal purpose has been fulfilled.
gravamen things weighing down The basic element or complaint of a lawsuit. /ɡrəˈ veɪmɛn/
An independent party appointed in family law

disputes to represent parties that cannot
guardian ad litem guardian for the case
represent themselves, such as minors,
developmentally disabled, or elderly.
habeas c orpus May you have the body. A writ used to challenge the legality of /ˈ heɪbiəs
detention. Orders the detaining party to "have ˈ kɔːrpəs/
Term or
phrase
the (living) body" of the detained brought

before the court where the detention will be
investigated.
hos tis humani A party considered to be the enemy of all

enemy of the human race
generis nations, such as maritime pirates.
An authorization for a document to be printed.

imprimatur Let it be printed. Used in the context of approval by a religious
body or other censoring authority.
A legal proceeding conducted without the

presence of one party is said to be conducted
in abs entia in absence
in abs entia , e.g., trial in abs entia or being
sentenced in abs entia .
Often used in probate law, as well as for

in artic ulo mortis at the moment of death
testimony in the sense of a dying declaration.
Conducted in private, or in secret. The

in c amera in the chamber
opposite of in open court.
Conducted in open court. The opposite of in

in c uria in court
c amera .
Actually existing in reality. Opposite of in

in es s e in existence
pos s e.
In extended form, or at full length. Often used

to refer to publication of documents, where it
in extens o in the extended
means the full unabridged document is
published.
In extreme circumstances. Often used to refer

in extremis in the extreme
to "at the point of death."
Caught in the actual act of committing a crime.

Often used as a euphemism for a couple
in flagrante delic to in blazing offense caught in the act 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 seeking justice, such /ɪn ˌ fɔːrmə
in forma pauperis in the manner of a pauper
persons are given in forma pauperis status ˈ pɔːpərɪs/
(usually abbreviated IFP), wherein most costs
are waived or substantially reduced.
Refers to things to come, or things that may

occur later but are not so now. As in in futuro
in futuro in the future /ɪn fjuːˈ tjuːroʊ/
debts, i.e. debts which become due and
payable in the future.
Term or
phrase
Used when including text in a complaint

verbatim, where its appearance in that form is
in haec verba in these words
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 transfers of legal /ɪn ˌ loʊkoʊ
in loc o parentis in the place of a parent
guardianship, or in the case of schools or other pəˈ rɛntɪs/
institutions that act in the place of the parents
on a day-to-day basis.
A type of retroactive law that decriminalizes

in mitius in the milder 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.
Used when both parties to a case are equally

in pari delic to in equal offense
at fault.
Refers to a situation where a law or statute

in pari materia in the same matter may be ambiguous, and similar laws applying to
the matter are used to interpret the vague one.
Used in the context of "directed at this

particular person", refers to a judgement or
in pers onam in person
subpoena directed at a specific named
individual. Cf. in rem.
in pleno in full
Said of one who represents themselves in

in propria pers ona in one's own person court without the [official] assistance of an
attorney.
Used in the title of a decision or comment to

identify the matter they are related to; usually
used for a case where the proceeding is in rem
or quas i in rem and not in pers onam (e.g.
in re in the matter [of] /ɪn ˈ riː/
probate or bankrupt estate, guardianship,
application for laying out a public highway) and
occasionally for an ex parte proceeding (e.g.
application for a writ of habeas c orpus ).
Used in the context of a case against property,

in rem about a thing as opposed to a particular person. See also in /ɪn ˈ rɛm/
rem jurisdiction. Cf. in pers onam.
Term or
phrase
Often used in the context of decisions or

/ɪn ˈ saɪtjuː, ɪn
in s itu in position rulings about a property or thing "left in place"
ˈ sɪtjuː/
after the case as it was before.
A warning or threat to sue, made in the hopes

in terrorem in order to frighten of convincing the other party to take action to
avoid a lawsuit.
A clause in a will that threatens any party who

clause "in order to
in terrorem clause contests the will with being disinherited. Also
frighten"
called a no-contest clause.
in toto in total /ɪn ˈ toʊtoʊ/
Often used in copyright notices. Refers to

indic ia indications distinctive markings that identify a piece of
intellectual property.
infra below or under
It was stated in Ashby v. White that the law

makes a presumption of damage in the
injury without financial or absence of actual perceptible damage or /ɪnˈ juːriə ˈ saɪni
iniuria s ine damno
property loss financial loss and that the infringement of a ˈ dæmnoʊ/
right was enough for iniuria s ine damno to be
actionable.[12]
An intimation about someone or something,

made indirectly or vaguely suggesting the
innuendo by nodding
thing being implied. Often used when the
implied thing is negative or derogatory.
Used to indicate an item cited has been pulled

inter alia among others /ˌ ɪntər ˈ eɪliə/
from a larger or more complete list.
Refers to contract, debts, or other agreements

inter rus tic os among rustics made between parties who are not legal
professionals.
Refers to obligations between members of

inter s e amongst themselves the same group or party, differentiated from
the whole party's obligations to another party.
Refers to a gift or other non-sale transfer

between living parties. This is in contrast to a
inter vivos between the living /ˌ ɪntər ˈ vaɪvɒs/
will, where the transfer takes effect upon one
party's death.
intra within
intra fauc es terrae within the jaws of the land This term refers to a nation's territorial waters.
Used in various contexts to refer to the legal

intra legem within the law
foundation for a thing.
Term or
phrase
Something done which requires legal authority,

intra vires within the powers and the act is performed accordingly. Cf. ultra
vires .
An assertion given undue weight solely by

ips e dixit He himself said it. /ˈ ɪpsi ˈ dɪksɪt/
virtue of the person making the assertion.
Referring to a document or ruling that is being

ips is s ima verba the very words
quoted by another.
Used in the context that one event is a direct

ips o fac to by the fact itself and immediate consequence of another. "In /ˈ ɪpsoʊ ˈ fæktoʊ/
and of itself."
ips o jure the law itself By operation of law.
Noting, that private law is written for those

ius c ivile
civil law is written for the persons who are vigilant in pursuing their
vigilantibus
vigilant interests and diligently care for their own
s c riptum es t
affairs.
Appears at the end of an affidavit, where the

party making the affirmation signs the oath,
jurat (He) swears
and the 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
jus ac c res c endi right of survivorship tenant. The only 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.[7]
Refers to legalities considered before

entering into a war, to ensure it is legal to go to
jus ad bellum laws to war war initially. Not to 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,

jus c ivile civil law
and how the laws apply to them.
Internationally agreed laws that bear no

deviation, and do not require treaties to be in
jus c ogens compelling law
effect. An example is law prohibiting
genocide.
Term or
phrase
Customary law followed by all nations. Nations

being at peace with one another, without
jus gentium law of nations
having to have an actual peace treaty in force,
would be an example of this concept.
jus in bello law in war Laws governing the conduct of parties in war.
Laws governing treaties and international

jus inter gentes law between the peoples
agreements.
The right to send and receive diplomatic

jus legationis right of legation
representation
Laws common to all people, that the average

jus naturale natural law person would find reasonable, regardless of
their nationality.
Supposed right of the lord of an estate to take

jus primae noc tis right of the first night the virginity of women in his estate on their
wedding night.
Social law concept wherein citizenship of a

/ˈ dʒʌs
jus s anguinis right of blood nation is determined by having one or both
ˈ sæŋɡwɪnɪs/
parents being citizens.
Social law concept wherein citizenship of a

jus s oli right of soil /ˈ dʒʌs ˈ soʊlaɪ/
nation is determined by place of birth.
Arguments made by a third party in disputes

over possession, the intent of which is to
jus tertii law of the third
question one of 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
lac una void, gap appears to fall "between" multiple laws.
Generally used in International Law, which is
less comprehensive than most domestic legal
systems.
Alternate form of jus commune. Refers to

lex c ommunis common law common facets of civil law that underlie all
aspects of the law.
the law of the country in which an action is

lex fori
brought out
lex lata the carried law The law as it has been enacted.
The law of the country, state, or locality where

the matter under litigation took place. Usually
lex loc i the law of the place /ˈ lɛks ˈ loʊsaɪ/
used in contract law, to determine which laws
govern the contract.
Term or
phrase
Law that specifically codifies something, as

lex s c ripta written law
opposed to common law or customary law.
An aspect of a unanimous voting system,

liberum veto free veto whereby 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
lingua franc a the Frankish language derives from the name given to a common
language used by traders in the Mediterranean
basin dating from the Middle Ages.
Refers to requesting a legal dispute be heard

lawsuit elsewhere that is also being heard by another court. To
lis alibi pendens
pending avoid possibly contradictory judgements, this
request will not be granted.
Often used in the context of public

lis pendens suit pending announcements of legal proceedings to
come. Compare pendente lite (below).
loc us place
Shorthand version of Lex loc us delic ti

loc us delic ti place of the crime
c ommis s i. The "scene of the crime".
loc us in quo the place in which The location where a cause of action arose.
When one party withdraws from a contract

loc us poenitentiae place of repentance
before all parties are bound.
The right of a party to appear and be heard /ˈ loʊkəs

loc us s tandi place of standing
before a court. ˈ stændaɪ/
A condition of being fraudulent or deceptive in

mala fide (in) bad faith
act or belief.
Something considered a universal wrong or

malum in s e wrong in itself
evil, regardless of the system of laws in effect.
Something wrong or illegal by virtue of it being

malum prohibitum prohibited wrong 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
mandamus we command perform some administrative duty. Often used /mænˈ deɪməs/
in the context of legal oversight of
government agencies.
A body of water under the jurisdiction of a

mare c laus um closed sea state or nation, to which access is not /ˈ meɪri ˈ klɔːzəm/
permitted, or is tightly regulated.
Term or
phrase
A body of water open to all. Typically a

mare liberum open sea synonym for International Waters, or in other
legal parlance, the "High Seas".
mea c ulpa through my fault An acknowledgement of wrongdoing. /ˈ meɪ.ə ˈ kul.pə/
One of the requirements for a crime to be

committed, the other being ac tus reus , the
mens rea guilty mind guilt act. This essentially is the basis for the /ˈ mɛns ˈ riːə/
notion that those without sufficient mental
capability cannot be judged guilty of a crime.
/ˈ moʊdəs
A person's particular way of doing things. Used
ɒpəˈ rændaɪ,
modus operandi manner of operation when using behavioral analysis while
ˈ moʊdəs
investigating a crime. Often abbreviated "M.O."
ɒpəˈ rændi/
Gift or trust that is made in contemplation of

mortis c aus a in contemplation of death
death.
That which is the usual custom has the force

mos pro lege custom for law
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

having changed [the to illustrate a related but slightly different
mutatis mutandis things that] needed to be situation. The caution is that the reader must
changed adapt the example to change what is needed
for it to apply to the new situation.
Shortened version of ne exeat republic a : "let

let him not exit [the him not exit the republic". A writ to prevent one
ne exeat /ˈ niː ˈ ɛksiæt/
republic] party to a dispute from leaving (or being taken)
from the court's jurisdiction.
Nemo dat quod non Nobody can give what he

bankruptcy law
habet has not
Nemo debet bis No-one should be tried It is a principle of double jeopardy ( autrefois
vexari ( pro una et twice (for one and the ac quit) where a person should not be tried
eadem c aus a ) same charge) twice on the same matter.
It is a principle of natural justice that no person

Nemo iudex in No-one should be a judge
can judge a case in which they have an
c aus a s ua in his own case.
interest.
Nemo potes t dare No one can give what he

inter alia , see Dante on monarchy
quod s uum non es t possesses not
Nemo potes t es s e No one can at the same Nor can one person covenant with himself and
tenens et dominus time be a tenant and a others jointly
Term or
phrase
landlord
Nemo potes t
Nobody can change his
mutare c ons ilium
own purpose to another's
s uum in alterius
injury
iniuriam
A person can do only Under law, a thing which cannot be lawfully

Nemo potes t nis i
things, which s/he can do performed is considered not within one's
quod de jure potes t
lawfully. power.
Nemo potes t
Nobody can be forced to
praec is e c ogi ad
a specific act
fac tum
doctrines of promissory estoppel and

Nemo potes t venire No-one can act in a way equitable estoppel; prohibited for a party to
c ontra fac tum contrary to his own prior act in such a way that contradicts a previous
proprium actions. act of his own on which the other party relied,
thus causing a detriment to the latter.
Nemo potes t fac ere No one can do through

per alium quod per another what he cannot
s e non potes t do himself.
A judgement rendered in the absence of a

nihil dic it He says nothing. plea, or in the event one party refuses to
cooperate in the proceedings.
A decree that does not enter into force unless

nis i unless /ˈ naɪsaɪ/
some other specified condition is met.
Refers to the court of original jurisdiction in a

nis i prius unless first /ˈ naɪsaɪ ˈ praɪəs/
given matter.
A statement from the prosecution that they

nolle pros equi not to prosecute are voluntarily discontinuing (or will not initiate) /ˈ nɒli ˈ prɒsɪkwaɪ/
prosecution of a matter.
A type of plea whereby the defendant neither

/ˈ noʊloʊ
nolo c ontendere I do not wish to argue admits nor denies the charge. Commonly
kɒnˈ tɛndɪri/
interpreted as "No contest."
In the case where a contract imposes specific

obligations on both parties, one side cannot
non adimpleti of a non-completed
sue the other for failure to meet their
c ontrac tus contract
obligations, if the plaintiff has not themselves
met their own.
not in possession of Not having mental capacity to perform some

non c ompos mentis
[one's] mind legal act
non c ons tat It is not certain. Refers to information given by one who is not
supposed to give testimony, such as an
Term or
phrase
attorney bringing up new information that did

not come from a witness. Such information is
typically nullified.
A method whereby a signatory to a contract

can invalidate it by showing that his signature
non es t fac tum It is not [my] deed.
to the contract was made unintentionally or
without full understanding of the implications.
Reported by a sheriff on writ when the

non es t inventus He was not found. defendant cannot be found in his county or
jurisdiction.
A type of verdict where positive guilt or

innocence cannot be determined. Also called
non liquet It is not clear.
"not proven" in legal systems with such
verdicts.
A circumstance where the judge may override

non obs tante notwithstanding the
the jury verdict and reverse or modify the
verdic to verdict
decision.
A break in causation (and therefore probably

novus ac tus a new action coming
liability) because something else has
interveniens between
happened to remove the causal link.
An ambiguous word or term can be clarified by

It is known by the
nos c itur a s oc iis considering the whole context in which it is
company it keeps.
used, without having to define the term itself.
A term used to direct the reader to cautionary

nota bene note well
or qualifying statements for the main text.
No-one can face

punishment except for an
Nullum c rimen s ine
act that was criminalized
lege
before he performed the
act
Nulla poena s ine no punishment without One cannot be punished for something that
c ulpa fault they are not guilty of.
An unenforceable promise, due to the

nudum pac tum naked promise absence of consideration or value exchanged
for the promise.
Notation made when a defendant has no

nulla bona no goods tangible property available to be seized in
order to comply with a judgement.
An action by a court to correct a previous

nunc pro tunc now for then
procedural or clerical error.
Term or
phrase
In law, an observation by a judge on some point

of law not directly relevant to the case before
him, and thus neither requiring his decision nor
obiter dic tum a thing said in passing
serving as a precedent, but nevertheless of
persuasive authority. In general, any comment,
remark or observation made in passing.
onus probandi Burden of proof.
(evidence) presented
ore tenus
orally
Used to say 'contrary to the opinion of.' It is a

polite way of marking a speaker's
pac e with peace /ˈ pɑːtʃeɪ/
disagreement with someone or some body of
thought.
Used when both parties to a dispute are at

par delic tum equal fault
fault.
Refers to the power of the State to act as

parens patriae parent of the nation parent to a child when the legal parents are
unable or unwilling.
Equal ranking, equal priority (usually referring to

pari pas s u on equal footing
creditors).
partus s equitur Offspring follows the Legal status of children of slaves is the same
ventrem belly as their mother's.
Court orders used to provide relief until the

while the litigation is final judgement is rendered. Commonly used in
pendente lite
pending divorce proceedings. The adverbial form of lis
pendens (above).
Dividing money up strictly and equally

per c apita by head
according to the number of beneficiaries
per c ontra 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 authored by the court
per c uriam through the court /ˌ pɜːr ˈ kjuːriæm/
itself, instead of situations where those
individual judges supporting the decision are
named.
A judgement given without reference to

per inc uriam by their neglect
precedent.
Used as a defense, when illegal acts were

per minas through threats
performed under duress.
Term or
phrase
Employed when an adult brings suit on behalf

by or through the next
per proxima amic i of a minor, who was unable to maintain an
friend
action on his own behalf at common law.
Used in legal documents in the same sense as

"whereby". A per quod statement is typically
per quod by which used to show that specific acts had
consequences which form the basis for the
legal action.
per s e by itself Something that is, as a matter of law.
An estate of a decedent is distributed per

per s tirpes by branch stirpes, if each branch of the family is to
receive an equal share of an estate.
A condition given to support requests for

peric ulum in mora danger in delay urgent action, such as a protective order or
restraining order.
A person who is officially considered /pərˈ soʊnə nɒn

unwelcome by a host country in which they are ˈ ɡrɑːtə,
pers ona non grata unwelcome person
residing in a diplomatic capacity. The person is pərˈ soʊnə nɒn
typically expelled to their home country. ˈ ɡreɪtə/
A body of armed citizens pressed into service

/ˈ pɒsi
pos s e c omitatus power of the county by legal authority, to keep the peace or pursue
ˌ kɒmɪˈ teɪtəs/
a fugitive.
A logical fallacy that suggests that an action

pos t hoc ergo after this, therefore
causes an effect simply because the action
propter hoc because of this
occurred before the effect.
Refers to an autopsy, or as a qualification as to

pos t mortem after death
when some event occurred.
Used in reference to intellectual property

pos t mortem
after the author's death rights, which usually are based around the
auc toris
author's lifetime.
Refers to the return of legal standing and

pos tliminium return from the other property of a person who returns to the
jurisdiction of Rome
The Roman praetor (magistrate) responsible

praetor peregrinus magistrate of foreigners
for matters involving non-Romans.
A matter that appears to be sufficiently based

prima fac ie at first face /ˈ praɪmə ˈ feɪʃii/
in the evidence as to be considered true.
pro bono for good Professional work done for free. /ˈ proʊ ˈ boʊnoʊ/
/ˈ proʊ ˈ boʊnoʊ
pro bono public o for the public good
ˈ pʌblɪkoʊ/
Term or
phrase
pro forma as a matter of form Things done as formalities.
Refers to a lawyer who is allowed to

participate (only) in a specific case, despite
pro hac vic e for this turn
being in a jurisdiction in which he has not been
generally admitted.
abbreviation of propria
Representing oneself, without counsel. Also
pro per pers ona , meaning "one's
known as pro s e representation.
own person"
A calculation adjusted based on a proportional

value relevant to the calculation. An example
would be a tenant being charged a portion of a
pro rata from the rate
month's rent based on having lived there less
than a full month. The amount charged would
be proportional to the time occupied.
Representing oneself, without counsel. Also /ˌ proʊ ˈ siː, ˌ proʊ

pro s e for himself
known as pro per representation. ˈ seɪ/
A partial payment of an award or claim, based

pro tanto for so much
on the defendant's ability to pay.
abbreviation of pro
Something, such as an office held, that is
pro tem tempore, meaning "for the
temporary.
time being"
Something, such as an office held, that is

pro tempore for the time being
temporary.
Refers to one representing themselves

propria pers ona proper person without the 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

quae ips o us u Consumed by the use to be consumed or destroyed. Examples
c ons umuntur itself include food, fuel, medicine, matches or
money.[13]
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

Term or
phrase
In contract law, a quasi-contractual remedy

that permits partial reasonable payment for an
incomplete piece of work (services and/or
materials), assessed proportionately, where no
price is established when the request is
made.[10]
In cont ract law, and in part icular t he

as much as it deserves;
requirement for considerat ion, if no
quantum meruit as much as she or he has
fixed price is agreed upon for t he
earned [10]
service and/or mat erials, t hen one part y
would request a reasonable price for
t he said services and/or mat erials at
t he end of t he job. A common example
would be a plumber request ed t o fix a
leak in t he middle of t he night .[10]
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.
In contract law, for requirements of
as much as they were
quantum valebant consideration, reasonable worth for goods
worth
delivered.
Usage: quantum meruit has replaced quantum
valebant in consideration;[10] in the case of
contract remedy, quantum valebant is being
used less, and could be considered obsolete.
Resembling or being similar to something,

quas i as if
without actually being that thing.
abbreviation of qui tam

pro domino rege quam pro
s e ips o in hac parte In a qui tam action, one who assists the
qui tam s equitur, meaning "who prosecution of a case is entitled to a
pursues in this action as proportion of any fines or penalties assessed.
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.
Term or
phrase
A request made to someone exercising some

quo warranto by what warrant power, to show by what legal right they are
exercising that power. A type of writ.
Used to mean "with respect to" some named

quoad hoc as to this thing, 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

ratio dec idendi reason for the decision precedent so involved, which led to the final
decision being what it was.
The popular opinion of Roman law, held by

ratio s c ripta written reason
those in the Medieval period.
"Certain rights may arise by virtue of ownership

rationae s oli by reason of the soil of the soil upon which wild animals are
found." [7]
A qualification in a treaty or contract, that

rebus s ic s tantibus things thus standing allows for nullification in the event fundamental
circumstances change.
The canon of construction that in a list of

reddendo s ingula items containing a qualifying phrase at the end,
referring solely to the last
s ingulis the qualifier refers only to the last item in the
list.
res thing, matter, issue, affair
Property constructs like airspace and water

rights are said to be res c ommunis – that is, a
thing common to all, and that could not be the
subject of ownership. With airspace, the
res c ommunis common to all
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.[7]
res derelic tae abandoned goods Material property abandoned by its owner
The principle that the occurrence of an

accident implies negligence. This principle
res ips a loquitur the thing speaks for itself allows the elements of duty of care, breach,
and causation to be inferred from an injury that
does not ordinarily occur without negligence.
res ges tae a thing done Differing meaning depending on what type of
law is involved. May refer to the complete act
Term or
phrase
of a felony, from start to finish, or may refer to

statements given that may be exempt from
hearsay rules.
/ˈ riːz
A matter that has been finally adjudicated,
dʒuːdɪˈ keɪtə,
res judic ata a matter judged meaning no further appeals or legal actions by
ˈ reɪz,
the involved parties is now possible.
dʒuːdɪˈ kɑːtə/
A question of law on which no court has

previously ruled, or a factual situation about
res nova a new thing
which no court has previously ruled; a legal
case without a precedent
Ownerless property or goods. Such property or

res nullius nobody's thing goods are able and subject to being owned by
anybody.
All things subject to concern by the citizenry.

res public a public affair
The root of the word republic.
A concept that the master (e.g. employer) is

res pondeat
Let the master answer. responsible for the actions of his subordinates
s uperior
(e.g. employees).
s c andalum Defamation against a peer in British law. Now

scandal of the magnates
magnatum repealed as a specific offense.
Used when offenses or torts were committed

s c ienter knowingly with the full awareness of the one so
committing.
A writ, directing local officials to officially

s c ire fac ias Let them know. inform a party of official proceedings
concerning them.
The official response of the official serving a

s c ire fec i I have made known. writ of s c ire fac ias , informing the court that
the writ has been properly delivered.
s ec undum formam According to the form of

s tatuti the statute.
The act of defending one's own person or

s e defendendo self-defense property, or 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 occasion where a multiple-
s eriatim in series
judge panel will issue individual opinions from
the members, rather than a single ruling from
the entire panel.
Term or
phrase
Used when the court is adjourning without

s ine die without day specifying a date to re-convene. See also
adjournment sine die.
Refers to some essential event or action,

s ine qua non without which, nothing without which there can be no specified
consequence.
Used to refer to laws specific to the location

s itus the place where 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

s tare dec is is /ˈ steɪri dɪˈ saɪsɪs/
decided precedent.
In contract law, in a case of innocent

representation, the injured party is entitled to
s tatus quo
be replaced in statu quo. Note the common
s tatus quo ante the state in which
usage is s tatus quo from the Latin status quo
s tatu quo
ante, the "state in which before" or "the state
of affairs that existed previously." [10]
1) In property law, condominiums has said to

occupy stratum many stories about the
ground.[7]
a covering, from neuter 2) Stratum can also be a societial level made
s tratum past participle of up of individuals with similar status of social,
sternere, to spread cultural or 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
s ua s ponte of its own accord
a plaintiff or another party. (compare ex proprio
motu, ex mero motu which are used for courts).
Refers to a matter currently being considered

s ub judic e under the judge
by the court.
Term in contract law that allows limited

s ub modo subject to modification modifications to a contract after the original
form has been agreed to by all parties.
Abbreviated s ub nom. ; used in case citations

to indicate that the official name of a case
s ub nomine under the name
changed during the proceedings, usually after
appeal (e.g., rev'd s ub nom. and aff'd s ub nom. )
s ub s ilentio under silence A ruling, order, or other court action made

without specifically stating the ruling, order, or
action. The effect of the ruling or action is
Term or
phrase
implied by related and subsequent actions, but

not specifically stated.
A writ compelling testimony, the production of

s ubpoena under penalty evidence, or some other action, under penalty
for failure to do so.
s ubpoena ad under penalty to be An order compelling an entity to give oral

tes tific andum witnessed testimony in a legal matter.
s ubpoena duc es bring with you under An order compelling an entity to produce
tec um penalty physical evidence or witness in a legal matter.
A false statement made in the negotiation of a

s ugges tio fals i false suggestion
contract.
s ui generis of its own kind/genus Something that is unique amongst a group.
Refers to one legally competent to manage his

s ui juris of his own right
own affairs. Also spelled s ui iuris .
Refers to a court or other official agency

taking some action on its own accord
s uo motu of its own motion
(synonyms: ex proprio motu, ex mero motu).
Similar to s ua s ponte.
A bond tendered by an appellant as surety to

the court, requesting a delay of payment for
s upers edeas refrain from
awards or damages granted, pending the
outcome of the appeal.
Willful concealment of the truth when bound to

reveal it, such as withholding details of
s uppres s io veri suppression of the truth
damage from an auto accident from a
prospective buyer of the car in that accident.
Used in citations to refer to a previously cited

s upra above
source.
Land that has never been part of a sovereign

terra nullius no one's land state, 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 de novo trial anew
trial for the previous one, and not an appeal of
the previous decision.
Refers to a threefold tax levied on Anglo-

trinoda nec es s itas three-knotted need Saxon citizens to cover roads, buildings, and
the military.
Concept in contract law specifying that all

uberrima fides most abundant faith
parties must act with the utmost good faith.
Term or
phrase
where there is the same

ubi eadem ratio, ibi reason there is the same See the judgment of Lord Holt CJ in Ashby v
[14]
idem jus law; like reason doth White.
make like law.[15]
See the judgment of Lord Holt CJ in Ashby v

White.[16][17] Some legal scholars find it
wherever a right exists
ubi jus ibi remedium reflected in the Due Process Clause of the
there is also a remedy
Fourteenth Amendment to the United States
Constitution.[18]
An act that requires legal authority to perform,

ultra vires beyond the powers but which is done without obtaining that
authority.
univers itas Aggregate of people, body corporate, as in a

totality of people
pers onarum college, corporation, or state
univers itas rerum totality of things Aggregate of things.
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
uti pos s idetis as you possess conclusion 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

uxor wife
name. Usually abbreviated et ux.
Used when considering whether some event

vel non or not
or situation is either present or it is not.
The power of an executive to prevent an

veto forbid
action, especially the enactment of legislation.
vic e vers a the other way around Something that is the same either way.
Used in citations to refer the reader to another

vide see
location.
contraction of videre lic et,

Used in documents to mean "namely" or "that
videlic et meaning "it is permitted
is". Usually abbreviated viz.
to see"
viz. abbreviation of videlicet Namely.
vigilantibus non The laws benefit those

dormientibus iura who are vigilant rather
s ubveniunt than those who sleep.
Civil law
Term or Literal
Definition and use English pron
phrase translation
Accession, i.e. mode of acquisition by creation in which

labor and other goods are added to property in such a
ac c es s io something added
manner that the identity of the original property is not lost
(vs. c ommixtio, s pec ific atio)
Ancillary terms and conditions; express contractual terms

that are purely voluntary, optional, and not necessitated by
ac c identalia business the contract's subject matter. Also called inc identalia
negotii incidentals (Roman-Dutch law). One of three types of contractual
terms, the others being es s entialia negotii 'core terms' and
naturalia negotii 'implied terms'.
1. In French-law-based systems, refers only to those

sources of subjective law that are human-made and
voluntary (vs. fac tum iuridic um); 2. In German-law-based
ac tus iuridic us legal act
systems, encompasses all sources of subjective law, be
they human-made or not, voluntary or not. See also
negotium iuridic um.
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
avers ionem)
hereditary Entering into the inheritance, i.e. vesting of the inheritance

aditio hereditatis
approach in an heir or will beneficiary. See delatio hereditatis .
The new element or aspect of a novation (vs. idem

aliquid novi something new
debitum). Also known as novum.
c as um s entit accident is felt by The owner who has to assume the risk of accidental harm
dominus the owner to him or accidental loss to his property.
Forc e majeure arising from a human-made inevitable

accident (e.g. riots, strikes, civil war); ex: When H.M.S.
Bounty was destroyed by Hurricane Sandy, October 29,
2012, c as us fortuitus would describe the H.M.S. Bounty
c as us fortuitus fortuitous event being at the wrong place when Hurricane Sandy came up
the coast.HMS Bounty S inks (https://web.archive.org/we
b/20121102063843/http://news.nationalgeographic.com/n
ews/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

c autio de guarantee to
where an absent person's estate is divided among them
res tituendo reinstate
(insurance law)
c es s io yielding Assignment, that is, the transfer of rights or benefits.

Term or Literal
phrase translation
Part ies:
c edens 'cedent' (= assignor)
c es s ionarius 'cessionary, cessionee' (= assignee)
debitor c es s us 'third-party obligor'
Types:
c es s io in antic ipando - assignment of future right or
benefit
c es s io in s ec uritatem debiti - assignment of a principal

debt (right of action) as security for the due
performance of another debt (the secured debt)
bringing together
c ollatio bonorum Hotchpot. Also called c ollatio inter liberos (Scots law).
of 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
c ommixtio commingling
thing and can no longer be separately identified, it is
owned by the owners in co-ownership (vs. ac c es s io,
s pec ific atio)
Loan for use, i.e. bailment of movable property that is not

perishable or consumable to be returned without payment.
c ommodatum accommodation Parties:

c ommodans 'bailor'
c ommodatarius 'bailee'
c ommunio community of The aggregate of marital property (or marital estate) under
bonorum goods a community property matrimonial regime.
balancing of Set-off. Type: c ompens atio luc ri c um damno - set-off of

c ompens atio
accounts profit and loss
c ompens atio Delay in payment or performance on the part of both the

balance of delay
morae debtor and the creditor.
Merger of counterparty rights in the same person (e.g.

c onfus io melting together debtor-creditor, buyer-seller, landlord-tenant, etc.), thereby
extinguishing an obligation or right. Adverb: c onfus ione.
c onjunc tis s imus the most joined Next-of-kin. Plural c onjunc tis s imi.
c ontra bonos against good

Contracts so made are generally illegal and unenforceable.
mores morals
c ulpa guilt Unintentional negligence (in tort). Degrees:

c ulpa lata - gross negligence
Term or Literal
phrase translation
c ulpa levis - ordinary negligence
c ulpa levis s ima - slight negligence
As in an heir c um benefic io inventarii, who accepts his/her

c um benefic io under benefit of share in a deceased's estate after having had an 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

c um 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
c ura guardianship are:

c urandus - ward
c urator - guardian (see below)
Guardian under a curatorship ( c ura ). Types are:

curator ad litem - guardian ad litem
c urator guardian
curator bonis - guardian of the property
curator pers onae - 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
interes s e interests
Fixed effective date of a contract, i.e. one that cannot be

data c erta certain date
ante- or post-dated
Species of accord and satisfaction by transfer or

datio in s olutum giving in payment assignment of property in lieu of money; kind of in-kind
payment, as opposed to a money payment
The deceased, decedent. Short for de c ujus s uc c es s ione

de c ujus (s)he for whom...
agitur.
hereditary
delatio hereditatis Falling open of succession. See aditio hereditatis .
transferral
domicile for
domic ilium c itandi Address for service or notices (e.g. for contractual
summoning and
et exec utandi purposes).
carrying out
dominium plurium plural, joint and

Joint tenancy.
in s olidum several ownership
unpartitioned and
dominium pro Tenancy in common. Also known as c ommunio pro
undivided
parte pro indivis o partibus indivis is .
ownership
dominus litis master of the case Litigant, the client in a lawsuit, as opposed to the lawyer.
Term or Literal
phrase translation
error in judgment
error in iudic ando Error of fact and reasoning (vs. error in proc edendo)
(in court)
error in procedural error (in

Error on a point of law or procedure (vs. error in iudic ando)
proc edendo court)
Express or implied contractual terms that are required

business either by law or by the contract's subject matter. One of
es s entalia negotii
essentials three types of contractual terms, the others being
ac c identialia negotii and naturalia negotii.
ex intervalo
Not all at once, in parts (vs. uno c ontextu).
temporis
ex propriis with one's own Used for firsthand testimony, e.g. testimony ex propriis
s ens ibus senses s ens ibus (vs. per relationem).
In French-law-based systems, refers to those sources of

fac tum iuridic um legal fact subjective law that are either not human-made or human-
made but involuntary (vs. ac tus iuridic us ).
fals us proc urator fake agent Agent de s on tort, officious agent
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 fideic ommis s um is created
either expressly in a will or impliedly through a s i s ine
liberis dec es s erit clause or through a prohibition against
alienation in the will.[19]
Part ies:
fideic ommittens 'grantor' (= testator)
entrusting to (a
fiduc iarius 'fiduciary' (= trustee)
fideic ommis s um person's) good
faith. fideic ommis s arius 'fideicommissary' (= beneficiary)
Types:
fideic ommis s um s implex - one 'gift-over' to single

beneficiary
fideic ommis s um multiplex - multiple gift-overs to a

succession of beneficiaries
fideic ommis s um res idui - fiduciary can alienate 3/4 of

assets
fideius s io Suretyship.
fruc tus industrial fruits Emblements; in property law, a co-owner profiting from her
indus triales or his fruc tus indus triales is solely responsible for any
Term or Literal
phrase translation
losses that my occur.[7] (vs. fruc tus naturales , see below).
Vegetation naturally growing from old roots (as pasturage)

fruc tus naturales natural fruits or from trees (as timber or fruit) (vs. fruc tus indus triales ,
see above).
hereditas iac ens lying inheritance Estate of inheritance before vesting in heirs
Heir. Plural heredes . Types:

heredes proximi - closest heirs
heres
s ui heredes nec es s arii - forced heirs (singular s uus
heres nec es s arius )
hypothec a Mortgage
The element or aspect of the novation that does not

idem debitum same debt
change (vs. aliquid novi)
In the instant case; used when referring to the matter

in c as u in the case
before the court in a case being discussed
Jointly and severally; short for s inguli et in s olidum. Where a

group of persons share liability for a debt, such as co-
in s olidum for the whole signers to a loan, the debtor can sue a single party in
s olidum, that is jointly and severally, to recover the entire
amount owed.
inaedific atio building Attachment of movables to land, accession by building
Equivalent of common law ex parte, especially in the

inaudita altera without hearing the
context of submitting a motion, brief, or obtaining relief as
parte other party
fast as possible
(Scots law) person not having capacity (mental, legal, or

inc apax incapable [ɪnˈ kapaks]
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 [ˈ inˌ fanz]
therefore has very limited legal capacity. Plural infantes .
brought in and Tenant's things brought into the leased premises for
invec ta 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 c uria
the law need to plead or prove the law that applies to their case.
ius ac c res c endi right of accrual (Civil law) Accretion, i.e. right of a will beneficiary to
succeed proportionately to a testamentary gift that
Term or Literal
phrase translation
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 c ommune 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

ius pers equendi right of following that runs with the land into the hands of a bona fide
purchaser
Priority right or preferential right, i.e. a creditor's right to

ius praeferendi right of preferring
rank higher relative to another
Right of a third-party beneficiary to sue in order to enforce

ius quaes itum right to third-party
a third-party contract, i.e. the opposite of privity of
tertio relief
contract.
ius retentionis right of retaining Lien (possessory)
Free choice of court actions where concurrent actions lie,

ius variandi right of varying
e.g. tort and criminal, or tort and breach of contract.
Lesion, i.e. excessive loss or injury used as grounds for

setting aside a contract. Lesion beyond moiety ( laes io
laes io enormis unusual injury ultra dimidium) is the standard in French-law-based
systems; 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
lex c ommis s oria cancelling law
contract of sale shall be forfeited and the sale rescinded
if outstanding payments are defaulted. Also known as a
pac tum c ommis s orium.
As in 'prescription liberandi c aus a', i.e. liberative

liberandi c aus a liberating cause prescription ( aka extinctive prescription), which is the
civilian equivalent of a statutory limitation period.
Hire or rental. Types:

loc atio c onduc tio operarum - employment, indentured
servitude, and master/slave relationship
loc atio c onduc tio leasing (and) hiring
loc atio c onduc tio operis - hire of service provider or
independent contractor
loc atio c onduc tio rei - rental or letting of property
Prospective damages or loss of profits that would,

luc rum c es s ans ceasing profit because of the contractual breach, have been made in the
future
Term or Literal
phrase translation
Bilateral agreement for direct representation between a

principal and agent. Compare proc uratio. Parties:
mandatum mandate mandatarius 'agent'
mandator 'principal'
mons trum monster Child born with severe deformities. Plural mons tra .
delay of the one Delay in payment or performance on the part of the

mora ac c ipiendi
receiving creditor or obligor. Also known as mora c reditoris .
Delay in payment or performance on the part of the debtor

or the obligee. Also known as mora debitoris . 2 forms:
delay of the one mora s olvendi ex re - delay in giving or delivering a thing;
mora s olvendi
paying
mora s olvendi ex pers onae - delay in obligations to do or
perform personal service.
Express or implied contractual terms that go to the root of

a contract's subject matter. One of three types of
naturalia negotii business naturals
contractual terms, the others being ac c identialia negotii
and es s entalia negotii.
Without force,
nec vi, nec c lam, Peacefully, openly, and with the intention to acquire
without secrecy,
nec prec ario ownership; applies to acquisitive prescription
without permission
Quasi-contractual obligation arising from benevolent or

management of necessitous intermeddling, obliging the benefited party
negotiorum ges tio
affairs ( dominus negotii) to reimburse the intermeddler ( ges tor)
for the cost that was used in doing good works.
1. In French-law-based systems, refers to the legal

operation, activity, or fact embodied or memorialized by a
legal instrument (as opposed to the instrument itself,
negotium iuridic um legal business
known as an ins trumentum); 2. In German-law-based
systems, refers to a transactional act, the main sub-type
of legal acts. See also ac tus iuridic us .
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 iudic ium new judgment
and new findings of fact are made. (vs. revis io prioris
ins tantiae)
If a testator places a prohibition on a testamentary gift but

fails to say what should happen to the gift if the prohibition
nudum is contravened, the prohibition is said to be 'nude', i.e. a
naked precept
praec eptum nudum praec eptum. In other words, the prohibition is of no
effect, and the beneficiary will take the gift free from any
restrictions.
Term or Literal
phrase translation
Prior contract aimed at concluding another contract,

pac tum de agreement to known as the parent or principal contract. Includes binders
c ontrahendo contract (in real estate sales), such as a purchase offer or an option
to sell.
pac tum de non agreement to not

Anti-assignment clause
c edendo yield
pac tum de non

agreement to not
petendo (in Agreement in which one party agrees not to sue the other.
sue
antic ipando)
pac tum de agreement to sell

Contract of sale with right of repurchase
retrovendendo back
pac tum res ervati agreement of

Reservation of title
dominii reserved owners
Bilateral contract concerning succession, usually made

between a potential testator (future decedent) and
his/her heir. Plural pac ta s uc c es s oria . The most common
forms are:
pac tum renunc iativum (aka pac tum de non s uc c edendo)
pac tum inheritance
- disclaimer of interest
s uc c es s orium agreement
pac tum ac quis itivum (aka pac tum c ons ervandae
s uc c es s ionis ) - deed of variation
pac tum 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. us us (aka ius utendi), fruc tus (aka ius
fruendi), and abus us (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
paterfamilias father of the family care are:

diligens paterfamilias - higher standard of care, greater
diligence;
diligentis s imus paterfamilias - highest standard of care,

utmost diligence.
Incidental beneficiary or any outside party to a third-party

penitus extraneus outside penitent
contract (see s tipulatio alteri). Plural penitus extranei.
per avers ionem 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 avers ionem = bulk sale (a flock of
Term or Literal
phrase translation
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 s ens ibus ). 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, intolerable; in reference to a nuisance or some

tolerabile tolerable other violation of neighbor law.
Landed property, tenement of land, especially with

respect to an easement (servitude). 2 types:
praedium dominans - dominant estate ( aka dominant
praedium estate tenement)
praedium s erviens - servient estate ( aka servient

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

praes umptio iuris tantum - rebuttable presumption
praes umptio presumption
praes umptio iuris et de iure - irrebuttable or conclusive
presumption
praes umptio
Presumption of innocence
innoc entiae
praes umptio Presumption of regularity, which attaches to public

presumption of
veritatis et instruments admissible to prove the truth of their
truth and solemnity
s olemnitatis 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.
probatio Evidence (admissible in a court of law), especially

documentary evidence. Types:
adminic ulum (probationis ) 'adminicular evidence' -
evidence adduced in aid or support of other evidence,
which without it is imperfect
s emiplena probatio, probatio s emiplena 'half proof,

imperfect proof' - executed in presence of 1 or no
witnesses; includes private instruments
Term or Literal
phrase translation
plena probatio, probatio plena 'full proof, perfect proof' -

executed in presence of 2 witnesses; includes public
instruments
probatio probatis s ima - 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

proc uratio management representation by a principal to an attorney-in-fact.
Compare mandatum.
Agent, attorney-in-fact. Types:

proc urator ad c aus as - attorney employed to assist a
litigant in the conduct of his lawsuit
proc urator proc urator ad negotia - attorney assisting his client in

transacting other business
proc urator in rem s uam - holder of an irrevocable power

of attorney
quaes tus
Liberal profession
liberales
(1) Restoration of something, such as a building or

res titutio 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.[10]
Appeal by way of re-hearing or pure appeal (aka appeal

s tric to s ens u); the scope is limited to errors of law and no
revis io prioris review of the court
new factual findings are possible; the case is traditionally
ins tantiae below
remitted to the originating court below for re-judgment.
(vs. novum iudic ium)
Limitation on how a fiduciary can use the fideicommissary

s alva rei the thing's assets; ultimately they must maintain their essential quality
s ubs tantia substance intact until transferred to the fideicommissary.[19] Plural s alva
rerum s ubs tantia . See fideic ommis s um.
s ervitus servitude, Servitude, i.e. an easement. Plural s ervitutes .

subjugation
Term or Literal
phrase translation
Types:
s ervitus pers onarum 'personal servitude' (= easement in
gros s )
s ervitus praediorum 'praedial servitude' (= easement

appertunant)
Sub-t ypes:
s ervitus itineris - ingress/egress easement
s ervitus ne luminibus offic iatur - right to light (aka solar

easement)
s ervitus non altius tollendi - restricts building beyond a

certain height
s ervitus oneris ferendi - duty to keep an adjoining wall in

good repair
s ervitus tigni immittendi - right of inserting beams in a

neighbor's walls
s ervitus viae - right-of-way
Certain type of clause in a will creating a fideic ommis s um

if (he) should by imposing a condition on the will beneficiary that if (s)he
s i s ine liberis
depart without dies childless, the testamentary gift will transfer to a third
dec es s erit
children party. Ex: If A dies childless after my death, the farm must
go to B.[19] See fideic ommis s um.
area exposed to
s olarium Ground rent for a surface right or estate ( s uperfic ies ).
sunlight
Undue performance or payment, obliging the enrichee

performance of
s olutio indebiti ( ac c ipiens ) to return the undue payment or compensate
something not due
the impoverishee ( s olvens ) for the undue performance
Specification, i.e. mode of acquisition by creation wherein

something new is made by adding labor (manufacturing) to
s pec ific atio property, and the non-reducible parts used for its
fabrication lose their identity (vs. ac c es s io, c ommixtio).
The new thing is called nova s pec ies .
s pei emptio,
sale of hope Sale of a chance, hope, or expectancy
emptio s pei
s pes futurae hope of future

Future or contingent right of action
ac tionis action
s pes hope of
Expectancy (of heirship)
s uc c es s ionis succession
Term or Literal
phrase translation
Spoliation, i.e. act of unlawful dispossession of corporeal

property. Parties:
s poliatio plundering s poliatus - aggrieved party
s poliator - dispossessor
s tante matrimonio During the marriage
Third-party contract. Also known as pac tum in favorem

tertii (German-law-based systems). The parties are:
another's
promittens 'promisor'
s tipulatio alteri (contractual)
provision s tipulans 'promisee'
alteri (aka tertius ) 'third-party beneficiary'
Surface right, surface estate. Parties:
s uperfic ies surface dominus s oli 'subsurface owner, mineral owner'
s uperfic iarius 'surface owner'
(Scots law) "as is", to disclaim implied warranties, as in to

tantum et tale thus and such
purchase or convey something tantum et tale.
trans ac tio transaction Out-of-court settlement
Tutorship, i.e. legal guardianship under which the ward is

only partially or temporarily incapable. Compare c ura .
tutela guardianship Parties are

pupillus - ward
tutor - guardian
The uncorroborated testimony of one witness should be

Unus tes tis , nullus one witness, no
discounted because it is deemed to be too unreliable to
tes tis witness
establish a fact
Contemporaneously; when the phases of something are

single joining done without interruption or any intervening action;
uno c ontextu
together specifically, executed in one single execution ceremony
(vs. ex intervalo temporis )
Acquisitive prescription, i.e. the civilian equivalent of

us uc apio seizure of use adverse possession. Also called 'prescription ac quirendi
c aus a'.
Civilian equivalent of a life estate. Parties:

nudus dominus 'bare owner' (= remainderman,
us ufruc tus use-fruit reversioner)
us ufruc tuarius 'usufructuary' (= life tenant)
Non-judicial foreclosure under a power of sale clause in a

mortgage; more broadly, any non-judicial remedy
via exec utoria executorial way
empowered under a contractual clause or some other
instrument
Term or Literal
phrase translation
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
vinc ulum iuris
law in a legal obligation
Force majeure arising from an act of God, i.e. events over

vis maior superior force which humans have no control, and so cannot be held
liable. Compare c as us fortuitus (see above).
vitium in Vitiating factor in the formation of a contract, e.g. mistake

vice in contracting
c ontrahendo ( error), misrepresentation ( dolus ), and duress ( metus ).
voluntatis
Declaration of will, manifestation of intent(ion)
dec laratio
Ecclesiastical law
Term or
Definition and use
phrase
advoc atus diaboli Official who argues against an individual's beatification
Person in a cathedral who supervises regular performance of religious services and assigns
ebdomadarius
duties of choir members
eleemos ynae Possessions of the church
embryo formatus Human embryo "organized into human shape and endowed with a soul" [20]
embryo informatus Human embryo before endowment with a soul[21]
epis c oporum
church lawyer
ec idic us
epis c opus "bishop of the boys"; a layperson who on some feastdays braided his hair, dressed as a
puerorum bishop and acted in a "ludicrous" manner[20]
exc ommunic ato Writ originally issued from chancery that required a sheriff to arrest and imprison an
c apiendo excommunicant defendant
exc ommunic ato Writ ordering excommunicant imprisoned for "obstinancy" be re-imprisoned if freed before
rec apiendo agreeing to obey authority of church
Extravagantes Papal constitutions and decretal epistles of Pope John XXII
formata Canonical letters
gardianus
Churchwarden
ec c les iae
"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 c leric us ("he reads like a clerk")
See also
Brocard (law)
Byzant ine law
Code of Hammurabi
Corpus Juris Canonici
Int ernat ional Roman Law Moot Court
Law French
List of Lat in abbreviat ions
List of Lat in phrases (full)
List of fallacies
List of Philippine legal t erms
List of Roman laws
Twelve Tables
Notes
1. Yogis, John (1995). Canadian Law Dictionary (4th ed.). Barron's Education Series.
2. "Actio non datur non damnificato" (https://lawtimesjournal.in/actio-non-datur-non-damnificato/#g

oogle_ vignette) . 22 September 2019.
3. "Actus non Facit Reum Nisi Mens Sit Rea - Analysis - Law Corner" (https://lawcorner.in/actus-non-f
acit-reum-nisi-mens-sit-rea-analysis/) . 17 July 2021.
4. Law, Jonathan; Martin, Elizabeth A. (2009). "ad colligenda bona" (https://www.oxfordreference.com/

view/10.1093/oi/authority.20110803095350475) . Oxford Reference (2014 ed.). Oxford University
Press. Retrieved 2022-04-11.
5. Black's Law Dictionary (11th ed.). 2019.
6. Gordon v. Steele, 376 F. Supp. 575 (https://law.justia.com/cases/federal/district-courts/FSupp/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))
7. Benson, Marjorie L; Bowden, Marie-Ann; Newman, Dwight (2008). Understanding Property: A Guide
(2nd ed.). Thomson Carswell.
8. "Animus testandi" (https://www.merriam-webster.com/legal/animus%20testandi) . Merriam

Webster. Retrieved February 11, 2021.
9. A Selection of Legal Maxims, classified and illustrated (https://books.google.com/books?id=ePlWAAA
AcAAJ&pg=PA151&q=cessante+ratione+legis+cessat+ipsa+lex) , p. 151, at Google Books
10. Willes, John A; Willes, John H (2012). Contemporary Canadian Business Law: Principles and Cases
(9th ed.). McGraw-Hill Ryerson.
11. Fellmeth, Aaron X.; Horwit, Maurice (2009). Guide to Latin in International Law (https://books.google.
com/books?id=Qt3nCwAAQBAJ) . Oxford University Press. p. 76. ISBN 9780195369380. Retrieved
23 August 2021.
12. Cases Illustrating the Principles of the Laws of Torts (https://books.google.com/books?id=8N0zAAAA

IAAJ&pg=PA476&q=Ashby) , p. 476, at Google Books
13. Foëx, Benedict (2017). "Intro. aux art. 641–645 CC". Commentaire romand, Code civil II (in French).
Basel: Helbing Lichtenhahn. p. 1110.
14. O'Hara v State, 448 So.2d 524 (https://www.casemine.com/judgement/us/59148f67add7b04934564

bad/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.").
15. A Selection of Legal Maxims: Classified and Illustrated (https://books.google.com/books?id=ag4yAAA

AIAAJ&pg=PA64&q=Like+reason+doth+make+like+law) , p. 64, at Google Books
16. . doi:10.1093/oi/authority.20110803110448446 (https://doi.org/10.1093%2Foi%2Fauthority.20110803

110448446) (inactive 2024-04-05). {{cite journal}}: Cite journal requires |journal= (help);
Missing or empty |title= (help)
17. Hanna, Heather Jane; Harding, Alan G. (2008). "Ubi Jus Ibi Remedium - for the Violation of Every
Right, There Must be a Remedy: The Supreme Court's Refusal to Use the Bivens Remedy in Wilkie
v. Robbins". Wyoming Law Review. 8: 193–229. doi:10.59643/1942-9916.1167 (https://doi.org/10.5964
3%2F1942-9916.1167) .
18. Thomas, Tracy (November 2004). "Ubi Jus, Ibi Remedium: The Fundamental Right to a Remedy
Under Due Process" (https://digital.sandiego.edu/sdlr/vol41/iss4/12/) . San Diego Law Review. 41
(4): 1633.
19. 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.
20. Black's Law Dictionary, 9th edition
21. 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.
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V.G. Hiemst ra & H.L. Gonin. Trilingual legal dictionary, 3rd edn. Cape Town, Sout h Africa: Jut a,
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Walsh, & Emlyn Williams. 2 vols. London: Sweet & Maxwell, 1977.
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1990.

List of Latin Legal Terms - Wikipedia

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List of Latin Legal Terms - Wikipedia

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An a fortiori argument is an "argument from a

Divorce a mens a et thoro indicates legal /ˌ eɪ ˈ mɛnsə ɛt

An argument derived after an event, having the

An argument derived before an event, without

Regarding a court below in an appeal, either a

Concerning a case, a person may have

"Commonly used referring to the time a

"Presenting the negative portion of a plea

The requirement that in most private legal

Ac tus legis nemini The act of law injures no

The prosecution in a criminal case must prove

Part of what proves criminal liability (with mens

Abbreviated from Cuius es t s olum eius es t

In cases of a disputed will, delay may endanger

Generally signifies a solution designed for a

Attempting to make a point of logic by

ad idem to the same thing In agreement. /ˌ æd ˈ aɪdəm/

ad infinitum to infinity To continue forever. /ˌ æd ɪnfɪˈ naɪtəm/

Describes those designated to represent

Used in tort law. Implies that the reward or

ad valorem according to value /ˌ æd vəˈ loʊrɛm/

adjournment s ine adjournment without a When an assembly adjourns without setting a

affidavit he has sworn A formal statement of fact. /ˌ æfɪˈ deɪvɪt/

Generally, a statement from a court that a writ

Alteri s tipulari nemo No-one can alter on their

A person who offers information to a court

The subjective intent to remain indefinitely in a

The subjective state of mind of the author of a

"In order to claim possessory rights, an

"Wild animals, such as bees and homing

The intention, when writing a document, that

“An antenuptial agreement is a contract

(in) arguendo for the sake of argument

Implies sincere good intention regardless of

bona vac antia ownerless goods

Indicates that a settlement to a dispute or

When used by itself, refers to a qualification, or

In addition to the general warning, also refers

Herbert Broom′s text of 1858 on legal maxims

Of sound mind. Also used in the negative "Non

Meeting of the minds, mutual assent, or

Used in case citations to indicate that the

Used when a court or tribunal hands down a

c ontradic tio in A contradiction where adjective contradicts

Used in contract law to stipulate that an

Refers to a legal proceeding without a judge,

A person cannot be convicted of a crime,

The complete collection of laws of a particular /ˈ kɔːrpəs

The complete collection of civil laws of a

c orpus juris An encyclopedia of US law drawn from US

c rimen fals i crime of falsifying Forgery.

Suggests that the perpetrator(s) of a crime

Signifies the intent of a court to consider the

Specifies that larceny was taking place in

Complete annihilation of a warring party,

Assets of an estate remaining after the death

Generally refers to a type of labor in which the

Literally "from fact"; often used to mean

de futuro concerning the future At a future date.

Often used to mean "start it all over", in the

Literally "from law"; something that is

Used in the context of "how the law should

Concerning the law as it exists, without