List of Latin legal

terms
Page issues

A number of Latin terms are used in legal

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

Common law
Term or phrase Literal translation Definition and use English pron

An a fortiori argument is an "argument

from a stronger reason", meaning that,
/ˌeɪ fɔːrtiˈoʊraɪ,
a fortiori from stronger because one fact is true, a second
ˌeɪ fɔːrʃiˈoʊraɪ/
(related and included) fact must also be
true.

from table and Divorce a mensa et thoro indicates legal /ˌeɪ ˈmɛnsə ɛt
a mensa et thoro
bed separation without legal divorce. ˈθoʊroʊ/

An argument derived from subsequent /ˌeɪ

a posteriori from later
event. ˌpɒstiːrioʊraɪ/

a priori from earlier An argument derived from previous event. /ˌeɪ praɪoʊraɪ/

Regarding a court below in an appeal,

a quo from which either a court of first instance or an /ˌeɪ ˈkwoʊ/
appellate court, known as the court a quo.

Concerning a case, a person may have

received some funding from a 3rd party.
ab extra from outside /ˌæb ˈɛkstrə/
This funding may have been considered
ab extra.

"Commonly used referring to the time a

from the contract, statute, marriage, or deed
ab initio /ˌæb ɪˈnɪʃioʊ/
beginning become legal. e.g The couple was
covered ab initio by her health policy."[1]

"Presenting the negative portion of a plea

absque hoc without this when pleading at common by way a
special traverse."[1]

Part of what proves criminal liability (with

actus reus guilty act /ˌæktəs ˈriːəs/
mens rea).

ad coelum to the sky Abbreviated from Cuius est solum eius est /ˌæd ˈsiːləm/
usque ad coelum et ad infernos which

translates to "[for] whoever owns [the]

soil, [it] is his all the way [up] to Heaven
and [down] to Hell." The principle that the
owner of a parcel of land also owns the
i b d th db l th
 air above and the ground below the
parcel.

ad colligenda to collect the

bona goods

Generally signifies a solution designed for

a specific problem or task, non-
ad hoc for this /ˌæd ˈhɒk/
generalizable, and not intended to be able
to be adapted to other purposes.

Attacking an opponent's character rather /ˌæd

ad hominem at the person
than 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 deemed incapable of representing
ad litem for the case /ˌæd ˈlaɪtɛm/
themselves, such as a child or
incapacitated adult.

Used in tort law. Implies that the reward

ad quod according to the
or penalty ought to correspond to the
damnum harm
damage suffered or inflicted.

/ˌæd
ad valorem according to value
vəˈloʊrɛm/

adjournment adjournment When an assembly adjourns without

/ˌsaɪni ˈdaɪi/
sine die without a day setting a date for its next meeting.

affidavit he has sworn A formal statement of fact. /ˌæfɪˈdeɪvɪt/

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

A person who offers information to a /əˈmaɪkəs

amicus curiae friend of the court
court regarding a case before it. ˈkjuːrii/

animus contractual intent Intention to contract.

contrahendi

The subjective state of mind of the author

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

"In order to claim possessory rights, an

animus intention to individual must establish physical control
possidendi possess of the res and the intention to possess
(i.e. animus possidendi)"[2]

"Wild animals, such as bees and homing

animus pigeons, that by habit go 'home' to their
intention to return
revertendi possessor. Used when discussing ferae
naturae."[2]

“An antenuptial agreement is a contract

ante before between two people that is executed
before marriage.”

for the sake of

(in) arguendo
argument

Implies sincere good intention regardless

bona fide in good faith /ˈboʊnə ˈfaɪdi/
of outcome.

bona vacantia ownerless goods

Indicates that a settlement to a dispute or

Cadit quaestio the question falls issue has been reached, and the issue is
now resolved.

Casus belli case of war The justification for acts of war. /ˈkeɪsəs ˈbɛlaɪ/

When used by itself, refers to a

Caveat May he beware
qualification, or warning.

In addition to the general warning, also

refers to a legal doctrine wherein a buyer
Let the buyer /ˈkæviæt
Caveat emptor could not get relief from a seller for
beware ˈɛmptɔːr/
defects present on property which
rendered it unfit for use.

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

ˌsɜːrʃiəˈreɪri/

with other things More commonly rendered in English as /ˌsɛtərɪs

Ceteris paribus
the same "All other things being equal." ˈpærɪbəs/
 Of sound mind. Also used in the negative
having command /ˈkɒmpɒs
compos mentis "Non compos mentis", meaning "Not of
of mind ˈmɛntɪs/
sound mind".

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

Meeting of the minds, mutual assent, or

concurrence of wills. Parties must be of
consensus ad agreement to the
one mind and their promises must relate
idem same
to the same subject or object[3] Also
consensus in idem.

Used in case citations to indicate that the

contra against cited source directly contradicts the point
being made.

Used when a court or tribunal hands

contra legem against the law down a decision that is contrary to the
laws of the governing state.

contradictio in contradiction in
A contradiction in terms.
adjecto itself

Used in contract law to stipulate that an

ambiguous term in a contract shall be
interpreted against the interests of the
contra against the one 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.

Refers to a legal proceeding without a

coram non before one who is
judge, or with a judge who does not have
judice not a judge
proper jurisdiction.

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

The complete collection of laws of a /ˈkɔːrpəs

corpus juris body of law
corpus juris body of law
particular jurisdiction or court. ˈdʒuːrɪs/

The complete collection of civil laws of a

/ˈkɔːrpəs
corpus juris particular jurisdiction or court. Also
body of civil law ˈdʒuːrɪs
civilis sometimes used to refer to the Code of
sɪˈvaɪlɪs/
Justinian.

corpus juris body of the law of The complete collection of international

gentium nations law.

corpus juris An encyclopedia of US law drawn from US

secundum Federal and State court decisions.

crimen falsi crime of falsifying Forgery.

Suggests that the perpetrator(s) of a

crime can often be found by investigating
as a benefit to
cui bono those who would have benefited
whom?
financially from the crime, even if it is not
immediately obvious.

Specifies that larceny was taking place in

de bonis carrying goods
addition to any other crime named. E.g.
asportatis away
"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
de bonis non of goods not
estate administrator. An "administrator de
administratis administered
bonis non administratis" will then be
appointed to dispose of these goods.

Generally refers to a type of labor in which

de die in diem from day to day the worker is paid fully at the completion
of each day's work.

de facto in fact Literally "from fact"; often used to mean

something that is true in practice, but has

not been officially instituted or endorsed.
"For all intents and purposes". Cf. de jure.

concerning the
de futuro At a future date
de futuro At a future date.
future

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

de integro
whole the context of "repeat de integro".

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 facto.

Used in the context of "how the law

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

Concerning the law as it exists, without

de lege lata of the law as it is
consideration of how things should be.

about the Various legal areas concerning small

de minimis
smallest things amounts or small degrees.

Of the dead, Social convention that it is inappropriate

de mortuis nil
[speak] nothing to speak ill of the recently deceased, even
nisi bonum
unless good if they were an enemy.

Often used in the context of "trial de

de novo anew novo" – a new trial ordered when the
previous one failed to reach a conclusion.

The gods take

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

A statement given some weight or

dictum (thing) said consideration due to the respect given the
person making it.

Presumption that young children or

doli incapax incapable of guilt persons with diminished mental capacity
cannot form the intent to commit a crime.

dolus specialis Specific deceit Heavily used in the context of genocide in

international law.

Tame or domesticated animal. Also called

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

dramatis persons of the

personae drama

A "subpoena duces tecum" is a summons

duces tecum bring with you
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 more general class,
ejusdem generis of the same 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

erga omnes towards all
owed towards all.

ergo therefore

having been made

erratum
in error

Abbreviation of et alii, meaning "and

et al. and others
others".

Generally used in the sense of "and so

et cetera and other things
forth".

et seq. and the following Abbreviation of et sequens, meaning "and

things the following ones". Used in citations to

indicate that the cited portion extends to

the pages following the cited page.

Usually used instead of naming a man's

et uxor and wife /ˌɛt ˈʌksɔːr/
wife as a party in a case.
 Usually used instead of naming a
et vir and husband /ˌɛt ˈvɜːr/
woman's 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
ex aequo et of equity and [the]
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",

ex ante of before usually used when forecasting future /ˌɛks ˈænti/
events.

Where chair refers to authority or position.

ex cathedra from the chair
Authority derived from one's position.

from what has

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

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

part of the title of the old action of

from a
ex demissione ejectment
transgression
Jones v. Doe ex dem. Smith

If a contract is blatantly and obviously

incorrect or illegal, it can be considered
ex facie on the face
void ex facie without any further analysis
or arguments.

good business
ex fida bona
norms

ex gratia by favor Something done voluntarily and with no

expectation of a legal liability arising

therefrom.

Something done or realized by the fact of

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

ex post from after Based on knowledge of the past.

from a thing done

ex post facto Commonly said as "after the fact."
afterward

A retroactive law. E.g. a law that makes

ex post facto
illegal an act that was not illegal when it
law
was done.

by [one's] own Commonly spoken as "by one's own

ex proprio motu
motion accord."

Abbreviation of ex relatione. Used when

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

for the sake of

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

Term used in contract law to specify

terms that are voided or confirmed in
ex tunc from then
effect from the execution of the contract.
Cf. ex nunc.

Term used in contract law to specify

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

Refers to things that are currently existing

extant existing at a given point, rather than things that
are no longer so.

factum deed 1. an assured statement made; 2.

completion of a will and all its parts to
make it valid and legal; 3). book of facts
and law presented in a Canadian court.
 A type of contract wherein one party
I do, that you may agrees to do work for the other, in order
facio ut facias
do that the second party can then perform
some work for the first in exchange.

A concept in treaty law that prefers the

favor of the
favor contractus maintaining of a contract over letting it
contract
expire for purely procedural reasons.

A suicide. This archaic term stems from

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

Wild animals residing on unowned

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

A warrant issued by a judge for some

fiat Let it be done.
legal proceedings.

A writ ordering the local law enforcement

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

fortis strong When determining whether a chattel is a

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

A concept wherein a court refuses to hear

forum non disagreeable a particular matter, citing a more /ˈfoʊrəm nɒn
conveniens forum appropriate forum for the issue to be kənˈviːniɛnz/
decided.

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

A person, court, statute, or legal

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

things weighing The basic element or complaint of a

gravamen /ɡrəˈveɪmɛn/
down lawsuit.

An independent party appointed in family

law disputes to represent parties that
guardian ad guardian for the
cannot represent themselves, such as
litem case
minors, developmentally disabled, or
elderly.

A writ used to challenge the legality of

detention. Orders the detaining party to
May you have the /ˈheɪbiəs
habeas corpus "have the (living) body" of the detained
body. ˈkɔːrpəs/
brought before the court where the
detention will be investigated.

hostis humani enemy of the A party considered to be the enemy of all

generis human race nations, such as maritime pirates.

An authorization for a document to be

printed. Used in the context of approval by
imprimatur Let it be printed.
a religious body or other censoring
authority.

A legal proceeding conducted without the

presence of one party is said to be
in absentia in absence
conducted in absentia, e.g., trial in
absentia or being sentenced in absentia.

Often used in probate law, as well as for

at the moment of
in articulo mortis testimony in the sense of a dying
death
declaration.

Conducted in private, or in secret. The

in camera in the chamber
opposite of in open court.

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

in camera.

Actually existing in reality. Opposite of in

in esse in existence
posse.

In extended form, or at full length. Often

 , g
used to refer to publication of documents,
in extenso in the extended
where it means the full unabridged
document is published.

In extreme circumstances. Often used to

in extremis in the extreme
refer to "at the point of death."

Caught in the actual act of committing a

crime. Often used as a euphemism for a
in flagrante
in blazing offense couple caught in the act of sexual
delicto
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,
in forma in the manner of a /ɪn ˌfɔːrmə
such persons are given in forma pauperis
pauperis pauper ˈpɔːpərɪs/
status (usually abbreviated IFP), wherein
most costs are waived or substantially
reduced.

Refers to things to come, or things that

may occur later but are not so now. As in
in futuro in the future /ɪn fjuːˈtjuːroʊ/
in futuro debts, i.e. debts which become
due and payable in the future.

Used when including text in a complaint

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

A motion to a judge in a case that is heard

in limine at the threshold and considered outside the presence of
the jury.

in loco parentis in the place of a Used to refer to a person or entity /ɪn ˌloʊkoʊ
parent assuming the normal parental pəˈrɛntɪs/

responsibilities for a minor. This can be

used in transfers of legal guardianship, or
in the case of schools or other institutions
that act in the place of the parents on a
d t d b i
 day-to-day basis.

A type of retroactive law that

in mitius in the milder decriminalizes offenses committed in the
past. Also known as an amnesty law.

Used to mean "in every respect."

in omnibus in all Something applying to every aspect of a
situation.

Used when both parties to a case are

in pari delicto in equal offense
equally at fault.

Refers to a situation where a law or

in the same statute may be ambiguous, and similar
in pari materia
matter laws applying to the matter are used to
interpret the vague one.

Used in the context of "directed at this

particular person", refers to a judgement
in personam in person
or subpoena directed at a specific named
individual. Cf. in rem.

in pleno in full

One who represents themselves in court

on one's own
in prope persona without the [official] assistance of an
person
attorney.

Alternate form of in prope persona. One

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

in re in the matter [of] Used in the title of a decision or comment /ɪn ˈriː/
to identify the matter they are related to;
usually used for a case where the
proceeding is in rem or quasi in rem and
not in personam (e.g. 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
)
 corpus).

Used in the context of a case against

property, as opposed to a particular
in rem about a thing /ɪn ˈrɛm/
person. See also in rem jurisdiction. Cf. in
personam.

Often used in the context of decisions or

/ɪn ˈsaɪtjuː, ɪn
in situ in position rulings about a property or thing "left in
ˈsɪtjuː/
place" after the case as it was before.

A warning or threat to sue, made in the

in order to
in terrorem hopes of convincing the other party to
frighten
take action to avoid a lawsuit.

A clause in a will that threatens any party

in terrorem clause "in order to who contests the will with being
clause frighten" disinherited. Also called a no-contest
clause.

in toto in total /ɪn ˈtoʊtoʊ/

Often used in copyright notices. Refers to

indicia indications distinctive markings that identify a piece
of intellectual property.

infra below or under

An intimation about someone or

something, made indirectly or vaguely
innuendo by nodding suggesting the thing being implied. Often
used when the implied thing is negative or
derogatory.

Used to indicate an item cited has been

inter alia among others /ˌɪntər ˈeɪliə/
pulled from a larger or more complete list.

inter rusticos among rustics Refers to contract, debts, or other

agreements made between parties who
are not legal professionals.

Refers to obligations between members

amongst of the same group or party, differentiated
inter se
themselves 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
inter vivos between the living /ˌɪntər ˈvaɪvɒs/
to a will, where the transfer takes effect
upon one party's death.

intra within

intra fauces within the jaws of This term refers to a nation's territorial
terrae the land waters.

Used in various contexts to refer to the

intra legem within the law
legal foundation for a thing.

Something done which requires legal

intra vires within the powers authority, and the act is performed
accordingly. Cf. ultra vires.

An assertion given undue weight solely by

ipse dixit He himself said it. /ˈɪpsi ˈdɪksɪt/
virtue of the person making the assertion.

Referring to a document or ruling that is

ipsissima verba the very words
being quoted by another.

Used in the context that one event is a

/ˈɪpsoʊ
ipso facto by the fact itself direct and immediate consequence of
ˈfæktoʊ/
another. "In and of itself."

ipso jure the law itself By operation of law.

Appears at the end of an affidavit, where

the party making the affirmation signs the
jurat (He) swears
oath, and the information on whom the
oath was sworn before is placed.

jus law, right Essentially: law.

jus accrescendi right of Right of survivorship: In property law, on

survivorship the death of one joint tenant, that tenant's
interest passes automatically to the
surviving tenant(s) to hold jointly until the

estate is held by a sole tenant. The only

way to defeat the right of survivorship is
to sever the joint tenancy during the
lifetime of the parties, the right of
i hi t k i it ill
 survivorship takes priority over a will or
interstate accession rules.[2]

Refers to legalities considered before

entering into a war, to ensure it is legal to
jus ad bellum laws to war go to 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

jus civile civil law
citizenry, and how the laws apply to them.

Internationally agreed laws that bear no

deviation, and do not require treaties to be
jus cogens compelling law
in effect. An example is law prohibiting
genocide.

Customary law followed by all nations.

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

Laws governing the conduct of parties in

jus in bello law in war
war.

law between the Laws governing treaties and international

jus inter gentes
peoples agreements.

Laws common to all people, that the

jus naturale natural law average person would find reasonable,
regardless of their nationality.

Supposed right of the lord of an estate to

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

jus sanguinis right of blood Social law concept wherein citizenship of /ˈdʒʌs
a nation is determined by having one or ˈsæŋɡwɪnɪs/

both parents being citizens.

Social law concept wherein citizenship of

jus soli right of soil /ˈdʒʌs ˈsoʊlaɪ/
a nation is determined by place of birth.

Arguments made by a third party in

 g y p y
disputes over possession, the intent of
jus tertii law of the third which is to question one of the principal
parties' claims of ownership or rights to
ownership.

A situation arising that is not covered by

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

Alternate form of jus commune. Refers to

lex communis common law common facets of civil law that underlie
all aspects of the law.

lex lata the law borne The law as it has been enacted.

The law of the country, state, or locality

where the matter under litigation took
the law of the
lex loci place. Usually used in contract law, to /ˈlɛks ˈloʊkaɪ/
place
determine which laws govern the
contract.

Law that specifically codifies something,

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

lis alibi pendens lawsuit elsewhere Refers to requesting a legal dispute be

pending heard that is also being heard by another
court. To 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).

locus place

Shorthand version of Lex locus delcti

locus delicti place of the crime
commissi. The "scene of the crime".

The location where a cause of action

locus in quo the place in which
arose.

locus place of When one party withdraws from a

poenitentiae repentance contract before all parties are bound.

The right of a party to appear and be /ˈloʊkəs

locus standi place of standing
heard before a court. ˈstændaɪ/

A condition of being fraudulent or

mala fide (in) bad faith
deceptive in act or belief.

Something considered a universal wrong

malum in se wrong in itself or evil, regardless of the system of laws in
effect.

Something wrong or illegal by virtue of it

malum
prohibited wrong being expressly prohibited, that might not
prohibitum
otherwise be so.

A writ issue by a higher court to a lower

one, ordering that court or related officials
mandamus we command to perform some administrative duty. /mænˈdeɪməs/
Often used in the context of legal
oversight of government agencies.

A body of water under the jurisdiction of a

/ˈmeɪri
mare clausum closed sea state or nation, to which access is not
ˈklɔːzəm/
permitted, or is tightly regulated.

mare liberum open sea A body of water open to all. Typically a

synonym for International Waters, or in

other legal parlance, the "High Seas".

One of the requirements for a crime to be

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

A person's particular way of doing things. /ˈmoʊdəs

manner of Used when using behavioral analysis ɒpəˈrændaɪ,
modus operandi
operation while investigating a crime. Often ˈmoʊdəs
abbreviated "M.O." ɒpəˈrændi/

in contemplation Gift or trust that is made in contemplation

mortis causa
of death of death.

That which is the usual custom has the

mos pro lege custom for law
force of law.

Motions offered at the start of a trial,

motion at the
motion in limine often to suppress or pre-allow certain
start
evidence or testimony.

A caution to a reader when using one

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

Shortened version of ne exeat repiblica:

"let him not exit the republic". A writ to
let him not exit
ne exeat prevent one party to a dispute from /ˈniː ˈɛksiæt/
[the republic]
leaving (or being taken) from the court's
jurisdiction.

A judgement rendered in the absence of a

nihil dicit He says nothing. plea, or in the event one party refuses to
cooperate in the proceedings.

nisi unless A decree that does not enter into force /ˈnaɪsaɪ/

unless some other specified condition is

met.

Refers to the court of original jurisdiction /ˈnaɪsaɪ

nisi prius unless first
in a given matter. ˈpraɪəs/
 A statement from the prosecution that
/ˈnɒli
nolle prosequi not to prosecute they are voluntarily discontinuing (or will
ˈprɒsɪkwaɪ/
not initiate) prosecution of a matter.

A type of plea whereby the defendant

I do not wish to /ˈnoʊloʊ
nolo contendere neither admits nor denies the charge.
dispute kɒnˈtɛndɪri/
Commonly interpreted as "No contest."

In the case where a contract imposes

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

non compos not in possession Not having mental capacity to perform

mentis of [one's] mind some legal act

Refers to information given by one who is

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

A method whereby a signatory to a

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

Reported by a sheriff on writ when the

non est inventus He is not found. defendant cannot be found in his county
or jurisdiction.

A type of verdict where positive guilt or

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

non obstante notwithstanding A circumstance where the judge may

verdicto the verdict override the jury verdict and reverse or
modify the decision.

A break in causation (and therefore

novus actus a new action
novus actus a new action
probably liability) because something else
interveniens coming between
has happened to remove the causal link.

An ambiguous word or term can be

It is known by clarified by considering the whole context
noscitur a sociis
friends. in which it is used, without having to
define the term itself.

A term used to direct the reader to

nota bene note well cautionary or qualifying statements for
the main text.

An unenforceable promise, due to the

nudum pactum 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.

In law, an observation by a judge on some

point of law not directly relevant to the
case before him, and thus neither
a thing said in
obiter dictum requiring his decision nor serving as a
passing
precedent, but nevertheless of persuasive
authority. In general, any comment,
remark or observation made in passing.

onus probandi Burden of proof.

Used to say 'contrary to the opinion of.' It

is a polite way of marking a speaker's
pace with peace /ˈpɑːtʃeɪ/
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 of the
parens patriae parent to a child when the legal parents
nation
are unable or unwilling.
 Equal ranking, equal priority (usually
pari passu on equal footing
referring to creditors).

Court orders used to provide relief until

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

Dividing money up strictly and equally

per capita by head
according to 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 authored /ˌpɜːr
per curiam through the court
by the court itself, instead of situations ˈkjuːriæm/
where those individual judges supporting
the decision are named.

A judgement given without reference to

per incuriam by their neglect
precedent.

Used as a defense, when illegal acts were

per minas through threats
performed under duress.

Employed when an adult brings suit on

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

Used in legal documents in the same

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

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

per stirpes by branch An estate of a decedent is distributed per

stirpes, if each branch of the family is to
receive an equal share of an estate.

A condition given to support requests for

periculum in
periculum in
danger in delay urgent action, such as a protective order
mora
or restraining order.

A person who is officially considered

/pərˈsoʊnə
unwelcome by a host country in which
persona non unwelcome nɒn ˈɡrɑːtə,
they are residing in a diplomatic capacity.
grata person pərˈsoʊnə nɒn
The person is typically expelled to their
ˈɡreɪtə/
home country.

A body of armed citizens pressed into

power of the /ˈpɒsi
posse comitatus service by legal authority, to keep the
county ˌkɒmɪˈteɪtəs/
peace or pursue a fugitive.

Refers to an autopsy, or as a qualification

post mortem after death
as to when some event occurred.

Used in reference to intellectual property

post mortem after the author's
rights, which usually are based around the
auctoris death
author's lifetime.

The Roman praetor (magistrate)

praetor magistrate of
responsible for matters involving non-
peregrinus foreigners
Romans.

A matter that appears to be sufficiently

/ˈpraɪmə
prima facie at first face based in the evidence as to be considered
ˈfeɪʃii/
true.

/ˈproʊ
pro bono for good Professional work done for free.
ˈboʊnoʊ/

/ˈproʊ
for the public
pro bono publico ˈboʊnoʊ
good
ˈpʌblɪkoʊ/

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

pro hac vice for this turn Refers to a lawyer who is allowed to

participate (only) 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.
pro per
meaning "one's Also known as pro se 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. /ˌproʊ ˈsiː,

pro se for himself
Also known as pro per representation. ˌproʊ ˈseɪ/

A partial payment of an award or claim,

pro tanto for so much
based on the defendant's ability to pay.

abbreviation of
pro tempore, Something, such as an office held, that is
pro tem
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 persona proper person without the services of a lawyer. Also
known as pro per representation.

qua which; as In the capacity of.

The question is raised. Used to declare

quaeritur It is sought. that a question is being asked in the
following verbiage.

quaere query Used in legal drafts to call attention to

some uncertainty or inconsistency in the
material being cited.

quantum how much

In contract law, a quasi-contractual

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

Under Common Law, a remedy to

compute reasonable damages when a
contract has been breached – the implied
promise of payment of a reasonable price
for goods.
In contract law, for requirements of
quantum as much as they
consideration, reasonable worth for
valebant were worth
goods delivered.
Usage: quantum meruit has replaced
quantum valebant in consideration;[3] in
the case of contract remedy, quantum
valebant is being used less, and could be
considered obsolete.

Resembling or being similar to something,

quasi as if
without actually being that thing.

qui tam abbreviation of In a qui tam action, one who assists the
qui tam pro prosecution of a case is entitled to a

domino rege proportion of any fines or penalties

quam pro se ipso assessed.
in hac parte
sequitur, meaning
" h i
 "who pursues in
this action as
much for the king
as himself".

An equal exchange of goods or services,

quid pro quo this for that or of money (or other consideration of
equal value) for some goods or services.

Returning to a specific state of affairs

quo ante as before
which preceded some defined action.

A request made to someone exercising

some power, to show by what legal right
quo warranto by what warrant
they are exercising that power. A type of
writ.

Used to mean "with respect to" some

quoad hoc as to this named 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 Freeman meaning Regina against
R Rex or Regina
Freeman. Changes with King or Queen on
throne at time.

The point in a legal proceeding, or the

reason for the
ratio decidendi legal precedent so involved, which led to
decision
the final decision being what it was.

The popular opinion of Roman law, held

ratio scripta written reason
by those in the Medieval period.

"Certain rights may arise by virtue of

by reason of the
rationae soli ownership of the soil upon which wild
soil
animals are found."[2]

rebus sic things thus A qualification in a treaty or contract, that

stantibus standing allows for nullification in the event

fundamental circumstances change.

The canon of construction that in a list of

reddendo referring solely to items containing a qualifying phrase at
singula singulis the last the end, the qualifier refers only to the last
 item in the list.

thing, matter,
res
issue, affair

Property constructs like airspace and

water rights are said to be res
communis – that is, a thing common to
all, and that could not be the subject of
res communis common to all ownership. With airspace, the difficulty
has been to identify where the fee simple
holder's rights to the heavens end. Water
is a bit more defined – it is common until
captured.[2]

Differing meaning depending on what

type of law is involved. May refer to the
res gestae things done complete act of a felony, from start to
finish, or may refer to statements given
that may be exempt from hearsay rules.

A matter that has been finally adjudicated, /ˈriːz

meaning no further appeals or legal dʒuːdɪˈkeɪtə,
res judicata a matter judged
actions by the involved parties is now ˈreɪz,
possible. dʒuːdɪˈkɑːtə/

Ownerless property or goods. Such

res nullius nobody's thing property or goods are able and subject to
being owned by anybody.

All things subject to concern by the

res publica public affair
citizenry. The root of the word republic.

res publica Christian public All things of concern to the worldwide

christiana affair body of Christianity.

respondeat Let the master A concept that the master (e.g. employer)
superior answer. is responsible for the actions of his

subordinates (e.g. employees).

scandalum scandal of the Defamation against a peer in British law.

magnatum magnates Now repealed as a specific offense.

Used when offenses or torts were

scienter knowingly committed with the full awareness of the
one so committing.

A writ, directing local officials to officially

scire facias Let them know. inform a party of official proceedings
concerning them.

The official response of the official

I have made serving a writ of scire facias, informing
scire feci
known. the court that the writ has been properly
delivered.

According to the
secundum
form of the
formam statuti
statute.

The act of defending one's own person or

se 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
seriatim in series
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

sine die without day specifying a date to re-convene. See also
adjournment sine die.

Refers to some essential event or action,

without which,
sine qua non without which there can be no specified
nothing
consequence.

situs the place Used to refer to laws specific to the

location where specific property exists, or
where an offense or tort was committed.

to stand by The obligation of a judge to stand by a /ˈsteɪri

stare decisis
[things] decided prior precedent. dɪˈsaɪsɪs/

In contract law, in a case of innocent

representation, the injured party is entitled
status quo to be replaced in statu quo. Note the
status quo ante the state in which 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."[3]

1) In property law, condominiums has

said to occupy stratum many stories
about the ground.[2]
a covering, from
2) Stratum can also be a societial level
neuter past
made up of individuals with similar status
stratum participle of
of social, cultural or economic nature.
sternere, to
3) Stratum can refer to classification in an
spread
organized system along the lines of
layers, levels, divisions, or similar
grouping.

Some action taken by the public

prosecutor or another official body,
sua sponte of its own accord without the prompting of a plaintiff or
another party. (compare ex proprio motu,
ex mero motu which are used for courts).

Refers to a matter currently being

sub judice under the judge
considered by the court.

Term in contract law that allows limited

subject to modifications to a contract after the
sub modo
modification original form has been agreed to by all
parties.

sub nomine under the name Abbreviated sub nom.; used in case
citations to indicate that the official name
of a case changed 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 effect of the ruling or
sub silentio under silence
action is implied by related and
subsequent actions, but not specifically
stated.

A writ compelling testimony, the

subpoena under penalty production of evidence, or some other
action, under penalty for failure to do so.

subpoena ad under penalty to An order compelling an entity to give oral

testificandum be witnessed testimony in a legal matter.

An order compelling an entity to produce

subpoena duces bring with you
physical evidence or witness in a legal
tecum under penalty
matter.

A false statement made in the negotiation

suggestio falsi false suggestion
of a contract.

of its own Something that is unique amongst a

sui generis
kind/genus group.

Refers to one legally competent to

sui juris of his own right manage his own affairs. Also spelled sui
iuris.

Refers to a court or other official agency

taking some action on its own accord
suo motu of its own motion
(synonyms: ex proprio motu, ex mero
motu). Similar to sua sponte.

A bond tendered by an appellant as surety

to the court, requesting a delay of
supersedeas refrain from
payment for awards or damages granted,
pending the outcome of the appeal.

suppressio veri suppression of Willful concealment of the truth when

the truth bound to reveal it, such as withholding
details of damage from an auto accident
from a prospective buyer of the car in that
accident.

Used in citations to refer to a previously

supra above
cited source.
 Land that has never been part of a
terra nullius no one's land sovereign state, or land which a sovereign
state has relinquished claim to.

A completely new trial of a matter

previously judged. It specifically refers to
trial de novo trial anew a replacement trial for the previous one,
and not an appeal of the previous
decision.

Refers to a threefold tax levied on Anglo-

trinoda three-knotted
Saxon citizens to cover roads, buildings,
necessitas need
and the military.

Concept in contract law specifying that all

most abundant
uberrima fides parties must act with the utmost good
faith
faith.

An act that requires legal authority to

beyond the
ultra vires perform, but which is done without
powers
obtaining that authority.

universitas Aggregate of people, body corporate, as

totality of people
personarum in a college, corporation, or state

universitas
totality of things Aggregate of things.
rerum

Used to criticize inconsistencies in

speech or testimony, as in: one says one
uno flatu in one breath
thing, and in the same breath, says
another contradictory thing.

uti possidetis as you possess Ancient concept regarding conflicts,

wherein all property possessed by the
parties at the 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
vel non or not event or situation is either present or it is
not.

The power of an executive to prevent an

veto I forbid. action, 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

vide see
another location.

contraction of
videre licet, Used in documents to mean "namely" or
videlicet
meaning "it is "that is". Usually abbreviated viz.
permitted to see"

abbreviation of
viz. Namely.
videlicet

Civil law
 Literal
Term or phrase Definition and use English pron
translation

Accession, i.e. mode of acquisition by creation

in which labor and other goods are added to
something
accessio property in such a manner that the identity of
added
the original property is not lost (vs. commixtio,
specificatio)

Express contractual terms that are purely

voluntary, optional, and not necessitated by the
accidentalia business contract’s subject matter. Also called
negotii incidentals incidentalia (Roman-Dutch law). One of three
types of contractual terms, the others being
essentialia negotii and naturalia negotii.

itemized, e.g. sale ad quantitatem = item sale

by the
ad quantitatem (e.g. 100 carp, 10,000 lbs. of sugar, 10 casks
quantity
of corn) (vs. per aversionem)

Entering into the inheritance, i.e. vesting of the

aditio hereditary
inheritance in an heir or will beneficiary. See
hereditatis approach
delatio hereditatis.

Force majeure arising from a man-made

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

Security or guarantee that heirs must provide

cautio de guarantee to
in a case where an absent person’s estate is
restituendo reinstate
divided among them (insurance law)

cessio yielding Assignment, that is, the transfer of rights or

benefits.
 Parties:

cedens ‘cedent’ (= assignor)

cessionarius ‘cessionary, cessionee’ (=

assignee)

debitor cessus ‘third-party obligor’

Types:

cessio in anticipando - assignment of future

right or benefit

cessio in securitatem debiti - assignment of

a principal debt (right of action) as security
for the due performance of another debt
(the secured debt)

bringing
collatio Hotchpot. Also called collatio inter liberos
together of
bonorum (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
commixtio commingling the mixture creates a new thing and can no
longer be separately identified, it is owned by
the owners in co-ownership (vs. accessio,
specificatio)

Loan for use, i.e. bailment of movable property

that is not perishable or consumable to be
commodatum returned without payment. Parties:
commodans ‘bailor’

commodatarius ‘bailee’

The aggregate of marital property (or marital

communio community of
estate) under a community property
bonorum property
matrimonial regime.
compensatio Set-off. Type: compensatio lucri cum damno -
set-off of profit and loss

compensatio balance of Delay in payment or performance on the part

morae delay of both the debtor and the creditor.

Merger of counterparty rights in the same

melting person (e.g. debtor-creditor, buyer-seller,
confusio
together landlord-tenant, etc.), thereby extinguishing an
obligation or right. Adverb: confusione.

the most
conjunctissimus Next-of-kin. Plural conjunctissimi.
joined

contra bonos against good Contracts so made are generally illegal and
mores morals unenforceable.

Unintentional negligence (in tort). Degrees:

culpa lata - gross negligence
culpa guilt
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
cum beneficio under benefit
after having had an appraisal and estate
inventarii of inventory
inventory drawn up, thereby separating their
share from the whole and limiting their liability.

(Louisiana law) as encumbered, i.e. alienated

cum onere with burdens
with the encumbrances running with the land.

Curatorship, i.e. legal guardianship under

which the ward is totally and permanently
cura guardianship incapable. Compare tutela. Parties are:
curandus - ward

curator - guardian (see below)

Guardian under a curatorship (cura). Types are:

curator ad litem - guardian ad litem
curator guardian
curator bonis - guardian of the property

curator personae - guardian of the person

damnum emergent Loss actually incurred because of a
emergens loss contractual breach

damnum et damage and

Tortious damages, damages in tort
interesse interests

Fixed effective date of a contract, i.e. one that

data certa certain date
cannot be ante- or post-dated

Species of accord and satisfaction by transfer

giving in or assignment of property in lieu of money;
datio in solutum
payment kind of in-kind payment, as opposed to a
money payment

(s)he for The deceased, decedent. Short for de cujus

de cujus
whom... successione agitur.

delatio hereditary Falling open of succession. See aditio

hereditatis transferal hereditatis.

domicile for
domicilium
summoning Address for service or notices (e.g. for
citandi et
and carrying contractual purposes).
executandi
out

dominium plural, joint

plurium in and several Joint tenancy.
solidum ownership

dominium pro unpartitioned

parte pro and undivided Tenancy in common.
indiviso ownership

master of the Litigant, the client in a lawsuit, as opposed to

dominus litis
case the lawyer.

error in
error in Error of fact and reasoning (vs. error in
judgment (in
iudicando procedendo)
court)

procedural
error in Error on a point of law or procedure (vs. error
error (in
procedendo in iudicando)
court)

essentalia business Express or implied contractual terms that are

negotii essentials required either by law or by the contract’s
subject matter. One of 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 Used for firsthand testimony, e.g. testimony ex

sensibus own senses propriis sensibus (vs. per relationem).

falsus
fake agent Agent de son tort, officious agent
procurator

fideicommissum entrusting to Testamentary trust; a form of substitution

(a person’s) (called ‘fideicommissary substitution’) in which
good faith. 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.[4]

Parties:

fideicommittens ‘grantor’ (= testator)

fiduciarius ‘fiduciary’ (= trustee)

fideicommissarius ‘fideicommissary’ (=
beneficiary)

Types:

fideicommissum simplex - one ‘gift-over’ to

single beneficiary

fideicommissum multiplex - multiple gift-

overs to a succession of beneficiaries

fideicommissum residui - fiduciary can

alienate 3/4 of assets
fideiussio Suretyship.

Emblements; in property law, a co-owner

fructus industrial profitng from her or his fructus industriales is
industriales fruits solely responsible for any losses that my
occur.[2] (vs. fructus naturales, see below).

Vegetation naturally growing from old roots

fructus
natural fruits (as pasturage) or from trees (as timber or fruit)
naturales
(vs. fructus industriales, see above).

lying
hereditas iacens Estate of inheritance before vesting in heirs
inheritance

Heir. Plural heredes. Types:

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

hypotheca Mortgage

In the instant case; used when referring to the

in casu in the case matter 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 as co-signers to a loan,
in solidum for the whole
the debtor can sue a single party in solidum,
that is jointly and severally, to recover the
entire amount owed.

Attachment of movables to land, accession by

inaedificatio building
building

(Scots law) person not having capacity

incapax incapable [ɪnˈkapaks]
(mental, legal, or otherwise).

Unworthy beneficiary or heir, who is precluded

from inheriting because his conduct makes
indignus (heres) unworthy heir
him unworthy, in a legal sense, to take in the
deceased’s estate.
infans infant (Roman-Dutch law) child of 7 years or younger [ˈinˌfanz]
and who therefore has very limited legal
capacity. Plural infantes.

brought in
Tenant’s things brought into the leased
invecta et illata and carried
premises for his/her temporary use
out

Appellate court or court of last resort (vs.

iudex ad quem
iudex a quo)

Lower court from which an appeal originates;

iudex a quo
originating court (vs. iudex ad quem)

(Civil law) Accretion, i.e. right of a will

right of beneficiary to succeed proportionately to a
ius accrescendi
accrual testamentary gift that 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
ius commune common law of civil law that underlie 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

right of
ius persequendi pursue a debt that runs with the land into the
following
hands of a bona fide purchaser

right of Priority right, i.e. a creditor’s right to rank

ius praeferendi
preferring higher relative to another

Right of a third-party beneficiary to sue in order

ius quaesitum right to third-
to enforce a third-party contract, i.e. the
tertio party relief
opposite of privity of contract.

right of
ius retentionis Lien (possessory)
retaining

Lesion beyond moiety, i.e. excessive loss or

injury used as grounds for setting aside a
laesio enormis unusual injury
contract; sold for less than half its value or
purchased for more than double
lex commissoria cancelling Forfeiture clause for nonperformance of a
law 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.

liberating liberative prescription (aka extinctive
liberandi causa
cause prescription), which is the civilian equivalent of
a statutory limitation period.

Hire or rental. Types:

locatio conductio operarum - employment,
indentured servitude, and master/slave
relationship
locatio leasing (and)
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

lucrum cessans ceasing profit would, because of the contractual breach,
have been made in the future

Bilateral agreement for direct representation

between a principal and agent. Compare
mandatum mandate procuratio. Parties:
mandatarius ‘agent’

mandator ‘principal’

Child born with severe deformities. Plural

monstrum monster
monstra.

Delay in payment or performance in the part of

delay of the
mora accipiendi the creditor or obligor. Also known as mora
one receiving
creditoris.
mora solvendi delay of the Delay in payment or performance in the part of
one paying the debtor or the obligee. Also known as mora
debitoris. 2 forms:
mora solvendi ex re - delay in giving or
delivering a 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 a contract’s subject matter. One
business
naturalia negotii of three types of contractual terms, the others
naturals
being accidentialia negotii and essentalia
negotii.

Without force,
without Peacefully, openly, and with the intention to
nec vi, nec clam,
secrecy, acquire ownership; applies to acquisitive
nec precario
without prescription
permission

Quasi-contractual obligation arising from good

works affecting other people, obliging the
negotiorum management
benefited party (dominus negotii) to reimburse
gestio of estate
the gestor for the cost that was used in doing
good works.

Prohibition against double jeopardy. A legal

not twice in
non bis in idem action cannot be brought twice for the same [nɔnbisinidɛm]
the same
act or offense.

Appeal by way of hearing de novo, i.e. the case

new is retried with no restrictions of scope: errors
novum iudicium
judgment of law are reviewed and new findings of fact
are made. (vs. revisio prioris instantiae)

nudum naked If a testator places a prohibition on a

praeceptum precept testamentary gift but 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, known as the parent or principal
pactum de agreement to
contract. Includes binders (in real estate
contrahendo contract
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 Agreement in which one party agrees not to
petendo (in
not sue sue the other.
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. The most
pactum inheritance
common forms are: (1) a disclaimer of
successorium agreement
interest, (2) deed of variation, and (3) family
settlement agreement. Plural pacta
successoria.

The three major rights in the bundle of rights

ownership making up ownership, i.e. usus (aka ius
pars dominii
part utendi), fructus (aka ius fruendi), and abusus
(aka ius abutendi).

paterfamilias father of the The head of household, for purposes of

family considering the rights and responsibilities
thereof. (Civil law) bonus paterfamilias: a
standard of care equivalent to the common
law ordinary reasonable man. Other degrees of
care are:
 diligens paterfamilias - higher standard of
care, greater diligence;

diligentissimus paterfamilias - highest

standard of care, utmost diligence.

Incidental beneficiary or any outside party to a

penitus outside
third-party contract (see stipulatio alteri). Plural
extraneus penitent
penitus extranei.

(1) description, whereby the surrounding

property is used to provide the legal
by turning description of the boundaries of the property;
per aversionem
away (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. testimony per relationem
per relationem by relation
‘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

pleno iure by full right judicial proceedings; with full right or authority.
Ex: null pleno iure.

Excessive, beyond tolerable; in reference to a

plus quam more than
nuisance or some other violation of neighbor
tolerabile tolerable
law.

Landed property, tenement of land, especially

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

praedium serviens - servient estate (aka

servient tenement)

previous
praeemptio Right of first refusal
purchase
praesumptio presumption Legal presumption. Types:
praesumptio iuris tantum - rebuttable
presumption

praesumptio iuris et de iure - irrebuttable or

conclusive presumption

praesumptio
Presumption of innocence
innocentiae

praesumptio presumption Presumption of regularity, which attaches to

veritatis et of truth and public instruments admissible to prove the
solemnitatis solemnity truth of their contents.

pretium pro
price for pain Solatium.
doloribus

(Scots law, civil law), usually translated as

earlier in time, "prior in time, superior in right", the principle
prior tempore
stronger in that someone who registers (a security
potior iure
law 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, imperfect proof’ - executed in
probatio
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)
procuratio management Power of attorney, i.e. a unilateral grant of
indirect 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 damaged property, to its original
restitutio in total condition.
integrum reinstatement (2) In contract law, when considering breach of
contract and remedies, to restore a party to an
original position.[3]

Appeal by way of re-hearing or pure appeal

(aka appeal stricto sensu); the scope is limited
revisio prioris review of the to errors of law and no new factual findings
instantiae court below 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

the thing’s fideicommissary assets; ultimately they must
salva rei
substance maintain their essential quality until
substantia
intact transferred to the fideicommissary.[4] Plural
salva rerum substantia. See fideicommissum.

servitus servitude, Servitude, i.e. an easement. Plural servitutes.

subjugation
 Types:

servitus personarum ‘personal servitude’ (=

easement in gross)

servitus praediorum ‘praedial servitude’ (=

easement appertunant)

Sub-types:

servitus itineris - 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

if (he) should fideicommissum by imposing a condition on
si sine liberis depart the will beneficiary that if (s)he dies childless,
decesserit without the testamentary gift will transfer to a third
children party. Ex: If A dies childless after my death, the
farm must go to B.[4] See fideicommissum.

Undue performance or payment, obliging the

performance
enrichee (accipiens) to return the undue
solutio indebiti of something
payment or compensate the impoverishee
not due
(solvens) for the undue performance

specificatio Specification, i.e. acquisition by creation

wherein something new is made by adding
labor (manufacturing) to property, and the non-
 reducible parts used for its fabrication lose
their identity (vs. accessio, commixtio)

stante
During the marriage
matrimonio

Third-party contract. Also known as pactum in

favorem tertii (Scots law). The parties are:
another’s
promittens ‘promisor’
stipulatio alteri (contractual)
provision stipulans ‘promisee’

alteri ‘third-party beneficiary’

Surface right, surface estate. Parties:

dominus soli ‘subsurface owner, mineral
superficies surface owner’

superficiarius ‘surface owner’

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

thus and
tantum et tale warranties, as in to purchase or convey
such
something tantum et tale.

transactio transaction Out-of-court settlement

Tutorship, i.e. legal guardianship under which

the ward is only partially or temporarily
tutela guardianship incapable. Compare cura. Parties are
pupillus - ward

tutor - guardian

Contemporaneously; when the phases of

something are done without interruption or any
single joining
uno contextu intervening action; specifically, executed in one
together
single execution ceremony (vs. ex intervalo
temporis)

Acquisitive prescription, i.e. the civilian version

usucapio seizure of use of adverse possession. Also called
‘prescription acquirendi causa’.

usufructus use-fruit Civilian equivalent of a life estate. Parties:

 nudus dominus ‘bare owner’ (=
remainderman, reversioner)

usufructuarius ‘usufructuary’ (= life tenant)

Non-judicial foreclosure under a power of sale

executorial clause in a mortgage; more broadly, any non-
via executoria
way judicial remedy empowered under a
contractual clause or some other instrument

Using the courts and the justice system

via iure way of law
(opposite of self-help)

the chain of A legal bond, especially the bond tying obligor

vinculum iuris
the law and obligee in a legal obligation

Force majeure arising from an act of God, i.e.

events over which no humans have control,
vis maior superior force
and so cannot be held responsible. Compare
casus fortuitus (see above).

vitium in vice in Vitiating factor in the formation of a contract,

contrahendo contracting e.g. mistake, misrepresentation, and duress.

voluntatis
Declaration of will
declaratio

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

Notes
1. Yogis, John (1995). Canadian Law
Dictionary (4th ed.). Barron's Education
Series.
2. Benson, Marjorie L; Bowden, Marie-Ann;
Newman, Dwight (2008). Understanding
Property: A Guide (2nd ed.). Thomson
Carswell.
3. Willes, John A; Willes, John H (2012).
Contemporary Canadian Business Law:
Principles and Cases (9th ed.). McGraw-Hill
Ryerson.
4. M.J. de Waal, ‘The Law of Succession’, 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.

References
Ruben E. Agpalo. Agpalo’s Legal Words
and Phrases. Manila, Philippines: Rex
Book Store, 1997.
V.G. Hiemstra & H.L. Gonin. Trilingual
Legal Dictionary, 3rd edn. Cape Town,
South Africa: Juta, 2001.
William Allen Jowitt. Jowitt’s Dictionary
of English Law, 2nd edn. Revised by
John Burke, Clifford Walsh, & Emlyn
Williams. 2 vols. London: Sweet &
Maxwell, 1977.
Cezar C. Peralejo & Pacifico A. Agabin.
English-Filipino Legal Dictionary. Quezon
City, Philippines: Sentro ng Wikang
Filipino, University of the Philippines,
1995.
Theo B. Rood. Glossarium: A
Compilation of Latin Words and Phrases
Generally Used in Law with English
Translations. Bryanston, South Africa:
Proctrust Publications, 2003.
Jan Scholtemeijer & Paul Hasse. Legal
Latin: A Basic Course. Pretoria, South
Africa: J.L. van Schaik Publishers, 1993.
 Datinder Sodhi & R. S. Vasan, eds. Latin
Words & Phrases for Lawyers. NY: Law
and Business Publications, 1980.
Russ VerSteeg. Essential Latin for
Lawyers. Durham, N.C.: Carolina
Academic Press, 1990.

External links
Look up Appendix:List of legal Latin terms
in Wiktionary, the free dictionary.

Database of legal Latin terms and

phrases
Retrieved from
"https://en.wikipedia.org/w/index.php?
title=List_of_Latin_legal_terms&oldid=878532816"

Last edited 4 days ago by GiantSno…

Content is available under CC BY-SA 3.0 unless

otherwise noted.