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Legal Terminology (Latin)
Legal terminology to study for CLA/CP exam
215
Law
Graduate
07/17/2012

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Term
a fortiori
Definition
with stronger reason
Term
a priori
Definition
from what goes before; from the cause to effect
Term
ab initio
Definition
from the beginning
Term
actiones in personam
Definition
personal actions
Term
ad curiam
Definition
before the court, to the court
Term
ad damnum clause
Definition
to the damage, clause of complaint which states plaintiff's monetary loss
Term
ad faciendum
Definition
to do
Term
ad hoc
Definition
for this purpose, for this occasion
Term
ad litem
Definition
for the suit; for the litigation (a guardian ad litem, for example)
Term
ad rem
Definition
to the thing at hand
Term
ad valorem
Definition
according to the value (an ad valorem tax, for example)
Term
adversus
Definition
against (defendant adv. plaintiff)
Term
aggregatio mentium
Definition
meeting of minds (relates to formation of contracts)
Term
alias dictus
Definition
otherwise called, also known as (as in assumed name)
Term
alibi
Definition
in another place, elsewhere
Term
aliunde
Definition
from another place, from without (as in evidence outside the document)
Term
alter ego
Definition
the other self
Term
amicus curiae
Definition
friend of the court (as an amicus curiae brief filled with an appellate court)
Term
animo
Definition
with intention, disposition, design, will
Term
animus
Definition
mind, intention
Term
ante litem motam
Definition
before suit brought, before litigation is filed
Term
arguendo
Definition
in the course of argument, for the sake of argument
Term
assumpsit
Definition
he undertook, he promised
Term
bona fide
Definition
good faith
Term
capias
Definition
take, arrest
Term
capita
Definition
persons, heads
Term
causa mortis
Definition
by reason of death
Term
caveat
Definition
beware, a warning
Term
caveat emptor
Definition
let the buyer beware
Term
certiorari
Definition
send the pleadings up (from an inferior court; as in "writ of certioriari")
Term
cestui
Definition
beneficiaries (pronounced "setty")
Term
cestui que trust
Definition
beneficiaries of the trust
Term
circa
Definition
in the area of, about, concerning
Term
compos mentis
Definition
of sound mind
Term
consortium
Definition
union of lots or chances; conjugal fellowship of husband and wife
Term
contra
Definition
against
Term
coram nobis
Definition
before us ourselves
Term
corpus
Definition
body
Term
corpus delicti
Definition
body of the offense; essence of the crime
Term
cum testamento annexo
Definition
with the will annexed
Term
datum (pl., data)
Definition
1. a thing given; information; 2. a date
Term
de facto
Definition
in fact, in deed, actually
Term
de jure
Definition
of right, lawful
Term
de novo
Definition
anew, afresh
Term
de son tort
Definition
of his own wrong
Term
dies non
Definition
not a day
Term
duces tecum
Definition
bring with you (as in subpoena duces tecum, whereby subpoenaed person must appear and bring records)
Term
dum bene se gesserit
Definition
while he shall conduct himself, during good behavior
Term
e converso
Definition
conversely, on the other hand
Term
en banc
Definition
in the bench, all judges present
Term
eo instanti
Definition
upon the instant
Term
erratum (pl., errata)
Definition
error
Term
et alii
Definition
and others (as in Smith et al. v. Jones)
Term
et sequentia
Definition
and as follows (et seq.)
Term
et ux
Definition
and wife
Term
et vir
Definition
and husband
Term
ex delicto
Definition
(arising) from a tort
Term
ex gratia
Definition
as a matter of favor
Term
ex officio
Definition
from office, by virtue of his office
Term
ex parte
Definition
one side only, by or for one party only
Term
ex post facto
Definition
after the fact
Term
facto
Definition
in fact, in or by the law
Term
felonice
Definition
feloniously
Term
fiat
Definition
let it be done, a short order that a thing be done
Term
fieri
Definition
to be made up, to become
Term
fieri facias
Definition
cause to be made (a writ[order] directing the sheriff to reduce a judgment debtor's property to money [sell it] for the amount of the judgment, for example)
Term
flagrante delicto
Definition
in the very act of committing the crime
Term
forum non conveniens
Definition
discretionary power of a court to decline jurisdiction over a case when the court believes it should be tried elsewhere for convenience of parties and witnesses
Term
gravis
Definition
serious, of importance
Term
habeas corpus
Definition
you have the body (a writ directed to the custodian of a person, commanding the custodian to produce such person)
Term
habendum clause
Definition
that part of a deed which begins "to have and to hold"; defines extent of ownership
Term
honorarium
Definition
honorary fee or gift; compensation from gratitude
Term
idem
Definition
the same as above (id.)
Term
idem sonans
Definition
having the same sound (as names sounding alike but spelled differently)
Term
in curia
Definition
in court
Term
in esse
Definition
in being, existence
Term
in forma pauperis
Definition
permission given to a poor person to sue without liability for court costs
Term
infra
Definition
beneath, below
Term
in limine
Definition
at the beginning; threshold (motion in limine asks the court to exclude evidence)
Term
in loco parentis
Definition
in place of a parent, one charged with a parent's rights and obligations
Term
in pari delicto
Definition
in equal fault
Term
in personam
Definition
personally, against the person
Term
in praesenti
Definition
at once; now
Term
in re
Definition
in the matter
Term
in rem
Definition
proceedings against a thing (a bank account or real estate) distinguished from those against a person
Term
in specie
Definition
in the same or in similar form
Term
instanter
Definition
immediately
Term
inter alia, inter alios
Definition
among other things, between other persons
Term
inter se
Definition
among themselves
Term
inter vivos
Definition
between the living, from one person to another
Term
in toto
Definition
in the whole, completely
Term
in transitu
Definition
in transit
Term
intra
Definition
within, inside
Term
ipse dixit
Definition
he himself
Term
ipso facto
Definition
by the fact itself
Term
ita est
Definition
so it is
Term
jura personarum
Definition
right of a person, rights of persons
Term
jura rerum
Definition
rights of things
Term
jure divino
Definition
by divine right
Term
jure uxoris
Definition
in his wife's right
Term
jus (pl., jura)
Definition
law; right; laws collectively
Term
jus ad rem
Definition
a right to a thing
Term
jus commune
Definition
the common law, the common right
Term
jus gentium
Definition
the law of nations, international law
Term
just habendi
Definition
the right to have a thing
Term
jus tertii
Definition
the right of a third party; the rights of another person
Term
lavari facias
Definition
cause to be levied, a writ of execution
Term
lex
Definition
law
Term
lex loci
Definition
law of the place where the cause of action arose
Term
lis pendens
Definition
litigation pending, as in a lis pendens filed with real estate records to notify the world that the real estate is involved in litigation
Term
locus delicti
Definition
the place of the crime or of the tort
Term
locus sigilli (L.S.)
Definition
the place for the seal
Term
mala
Definition
bad
Term
mala fides
Definition
bad faith
Term
mala in se
Definition
wrong in itself, an act which is morally wrong
Term
mala praxis
Definition
malpractice
Term
mala prohibita
Definition
act declared criminal by statute (failure to file a report, for example), though not wrong in itself (as in murder)
Term
mala animo
Definition
with evil intent
Term
manadamus
Definition
we command, a writ used to compel an official to perform an act which she is required to perform
Term
manu forti
Definition
with a strong hand, forcible entry
Term
mens rea
Definition
guilty mind, consciousness of guilt
Term
nihil dicit
Definition
he says nothing (as in a default judgment against a defendant who does not raise a defense in the action)
Term
nil
Definition
nothing; of no account
Term
nil debet
Definition
he owes nothing
Term
nisi prius
Definition
unless before (used to distinguish the court where trial was held from the appellate court)
Term
nolle prosequi
Definition
unwilling to prosecute (a crime); prosecutor's discretion not to file charges in a particular case
Term
nolo contendre
Definition
I will not contest it
Term
non
Definition
not
Term
non assumpsit
Definition
plea in defense; that he did not promise
Term
non compos mentis
Definition
not of sound mind
Term
non est factum
Definition
it is not his deed
Term
non obstante
Definition
notwithstanding
Term
non sequitur
Definition
it does not follow
Term
nota bene (N.B.)
Definition
note well; take notice
Term
nudum pactum
Definition
nude pact, a bare agreement which lacks the consideration to form a valid contract
Term
nul tort
Definition
no wrong done
Term
nulla bona
Definition
no goods (wording used on the return of a writ (fieri facias)
Term
nunc pro tunc
Definition
now for then (as in an order nonc pro tunc to correct a clerical error in a previous order); retroactive
Term
obiter dictum
Definition
remark which is not central to the main issue
Term
onus probandi
Definition
the burden of proof
Term
opus (pl., opera)
Definition
work, labor
Term
ore tenus
Definition
by word of mouth, orally (as in a motion ore tenus)
Term
pari delicto
Definition
in equal guilt
Term
pari passu
Definition
by equal progress, ratably, equitably, without preference
Term
pater familias
Definition
father of the family
Term
peculium
Definition
private property
Term
pendens
Definition
pending
Term
pendente lite
Definition
pending the suit, during litigation (as in, temporary orders)
Term
per annum
Definition
annual, by the year
Term
per capita
Definition
by the head, equally shared
Term
per contra
Definition
in opposition
Term
per curiam
Definition
by the court
Term
per diem
Definition
by the day
Term
per se
Definition
by itself, taken alone
Term
per stirpes
Definition
by representation, by the roots or stocks for purposes of inheritance
Term
post
Definition
after, later
Term
post-factum
Definition
after the fact, after the event
Term
post-obit
Definition
to take effect after death
Term
praecipe
Definition
writ commanding a person to do some act or to appear and show cause why she should not do so; order to clerk of court to issue a summons or execution on judgment already rendered
Term
prima facie
Definition
at first sight, on the face of it
Term
pro bono
Definition
free of charge, without cost
Term
pro forma
Definition
as a matter of form
Term
pro hac vice
Definition
for this occasion
Term
pro rata
Definition
according to the rate or proportion
Term
pro se
Definition
appearing for oneself; personally
Term
pro tanto
Definition
for so much, to that extent
Term
pro temporare
Definition
for the time being, temporarily
Term
prochein ami
Definition
next friend
Term
publici juris
Definition
of public right
Term
pur autre vie
Definition
for or during the life of another
Term
quaere
Definition
question, doubt
Term
quantum
Definition
how much, the amount
Term
quare
Definition
wherefore
Term
quare clausum fregit
Definition
breaking the close, trespass
Term
quasi
Definition
as if, as if it were
Term
quid pro quo
Definition
what for what, something for something (as in consideration for a contract)
Term
quo warranto
Definition
by what right or authority
Term
res
Definition
thing, object, subject matter
Term
res gestae
Definition
things done, excited utterance
Term
res ipsa loquitor
Definition
the thing speaks for itself
Term
res judicata
Definition
a thing (matter) adjudged, adjudicated
Term
respondeat superior
Definition
let the master answer
Term
scienter
Definition
knowledge, awareness
Term
scilicet
Definition
to wit, that is to say, namely (SS or ss)
Term
scintilla
Definition
a spark, the least particle
Term
scire facias
Definition
cause to know, give notice (writ used to revive a judgment that has expired [dormant])
Term
secundum
Definition
according to
Term
se defendendo
Definition
in self-defense
Term
semper
Definition
always
Term
seriatim
Definition
severally, separated
Term
sic
Definition
thus, so, in such a manner (used to indicate an error in original, quoted material)
Term
sigillum
Definition
a seal
Term
sine
Definition
without
Term
sine die
Definition
without a day, without a specific day assigned for a future meeting
Term
sine qua non
Definition
that without which a thing cannot occur, indispensable condition or part
Term
stare decisis
Definition
to abide by decided cases
Term
status quo
Definition
state in which, present state
Term
sua sponte
Definition
voluntarily, of his own will and motion (as in when a judge issues a motion sua sponte)
Term
sub nomine
Definition
under the name of, in the name of, under the title of
Term
sub silentio
Definition
under silence, without any notice being taken
Term
sui generis
Definition
of its own kind or class, the only one of a kind, unique
Term
sui juris
Definition
of his own right, having legal capacity to act for himself
Term
supersedeas
Definition
superceding (as in the bond that accompanies a writ commanding a stay of proceedings pending appeal)
Term
supra
Definition
above, cited in full above
Term
tenere
Definition
to hold, to keep
Term
terminus a quo
Definition
the starting point
Term
ultra
Definition
beyond, in excess of, outside of
Term
ultra vires
Definition
without power, beyond the power of
Term
venire facias
Definition
that you cause to come, a type of summons
Term
versus
Definition
against (plaintiff v. defendant)
Term
videlicet (viz.)
Definition
it is easy to see, that is to say, namely
Term
vi et armis
Definition
by force and arms
Term
vis-a-vis
Definition
one who (that which) is face to face with another
Term
vivos
Definition
living
Term
voir dire
Definition
to speak the truth, the process used to select jurors
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