This action might not be possible to undo. Are you sure you want to continue?
Literal translation from stronger
a mensa et thoro a posteriori a priori a quo ab extra
from bed and table from later from earlier previous from outside
ab initio absque hoc Actori incumbit probatio actus reus
from the beginning without this On the plaintiff rests the proving guilty act
Definition and use An a fortiori argument is an "argument from a stronger reason", meaning that because one fact is true, that a second related and included fact must also be true. Divorce a mensa et thoro indicates legal separation without legal divorce. An argument derived from subsequent event An argument derived from previous event Regarding a court of first instance, or the decision/s of a previous court, known as the court a quo. Concerning a case, a person may have received some funding from a 3rd party. This funding may have been considered ab extra. "Commonly used referring to the time a contract, statute, marriage, or deed become legal. e.g The couple was covered ab initio by her health policy." "Presenting the negative portion of a plea when pleading at common by way a special traverse." The burden of proof, Roman law Part of what proves criminal liability (with mens rea) Abbreviated from Cuius est solum eius est usque ad coelum et ad infernos which translates to "[for] whoever owns [the] soil, [it] is his all the way [up] to Heaven and [down] to Hell." The principle that the owner of a parcel of land also owns the air above and the ground below the parcel. Generally signifies a solution designed for a specific problem or task, non-generalizable, and not intended to be able to be adapted to other purposes. Attacking an opponent's character rather than answering his argument. In agreement. To continue forever. Describes a party designated to represent another party who is deemed incapable of representing him/herself (e.g. a child or incapacitated adult). Used in tort law. Implies that the reward or penalty ought to correspond to the damage suffered or inflicted. When an assembly adjourns without setting a date for its next meeting.
to the sky
ad colligenda bona ad hoc ad hominem ad idem ad infinitum ad litem
to collect the goods for this at the person to the same thing to infinity for the case
ad quod damnum ad valorem
according to the harm according to value
adjournment sine die adjournment without a day
affidavit alter ego amicus curiae
he has sworn another I friend of the court
mind of harming
intention to possess
animus revertendi ante arguendo
return to possessor before for the sake of argument
A formal statement of fact. A second identity living within a person. A person who offers information to a court regarding a case before it. The subjective state of mind of the author of a crime, with reference to the exact knowledge of illegal content of his behaviour, and of its possible consequences. "In order to claim possessory rights, an individual must establish physical control of the res and the intention to possess (i.e. animus possidendi)" "Wild animals, such as bees and homing pigeons, that by habit go 'home' to their posessor. Used when discussing ferae naturae."
Audi alteram partem hear the other side bona fide bona vacantia Cadit quaestio in good faith. ownerless goods The question falls
Refers to the idea that one cannot be fairly judged unless the cases for and against them have been heard. Implies sincere good intention regardless of outcome.
Indicates that a settlement to a dispute or issue has been reached, and the issue is now resolved. Casus belli Case of war The justification for acts of war. When H.M.S. Bounty was destroyed by Hurricane Sandy, October 29, 2012, Casus Fortuitus would chance occurrence, unavoidable casus fortuitus describe the H.M.S. Bounty being at the wrong place accident when Hurricane Sandy came up the coast. HMS Bounty Sinks When used by itself, refers to a qualification, or Caveat May he beware warning. In addition to the general warning, also refers to a legal doctrine wherein a buyer could not get relief Caveat emptor Let the buyer beware from a seller for defects present on property which rendered it unfit for use. Certiorari To be more fully informed A type of writ seeking judicial review. More commonly rendered in English as "All other Ceteris paribus With other things the same things being equal." cogitationis poenam Nobody suffers punishment for nemo patitur mere intent Delay of both debtor and Delay in payment or performance on the part of both compensatio morae creditor the debtor and the creditor Of sound mind. Also used in the negative "Non compos mentis Having command of mind compos mentis", meaning "Not of sound mind". Condicio sine qua A condition without which it An indispensable and essential action, condition, or non could not be ingredient.
A contradiction in terms. Complete annihilation of a warring party. The complete collection of civil laws of a particular jurisdiction or court. Used in case citations to indicate that the cited source directly contradicts the point being made. contra proferentem Against the one bringing forth coram non judice corpus delicti corpus juris corpus juris civilis Before one who is not a judge Body of the crime Body of law Body of civil law corpus juris gentium Body of the law of nations corpus juris secundum crimen falsi Crime of falsifying cui bono cuius est solum eius est usque ad coelum et ad inferos de bonis asportatis debellatio As a benefit to whom? For whoever owns the soil. the customs of the place and time will have the force of law. even if it is not immediately obvious. "trespass de bonis asportatis". The complete collection of laws of a particular jurisdiction or court. . Suggests that the perpetrator(s) of a crime can often be found by investigating those who would have benefited financially from the crime.g. or with a judge who does not have proper jurisdiction. Refers to a legal proceeding without a judge. Used in contract law to stipulate that an ambiguous term in a contract shall be interpreted against the interests of the party that insisted upon the term's inclusion. E. unless it can be proven that the crime was even committed. and land below. Forgery. Where no laws apply to a given situation. the law will insist on that agreement being carried out. their property. bringing Warring down about the end of the conflict. The complete collection of international law. Prevents the intentional additions of ambiguous terminology from being exploited by the party who insisted on its inclusion. Hell Specifies that larceny was taking place in addition to Carrying goods away any other crime named. Contracts so made are generally illegal and unenforceable. An encyclopedia of US law drawn from US Federal and State court decisions. Also sometimes used to refer to the Code of Justinian. A person cannot be convicted of a crime. Used when a court or tribunal hands down a decision that is contrary to the laws of the governing state. it is Used in reference to the rights of property owners to theirs up to Heaven and down to the air above.consensus ad idem Agreement as to the subject or object of the contract consensus facit legem Consensus makes the law consuetudo pro lege Custom is held as law servatur contra contra bonos mores contra legem Contradictio in adjecto Against Against good morals Against the law Contradiction in itself Parties must be of one mind and their promises must relate to the subject or object Stipulates that when two or more persons arrive at a good faith agreement.
even if they were an enemy. defalcation Cutting off with a sickle Misappropriation of funds by one entrusted with them. without consideration of how things should be. C. Often used in the context of "trial de novo"—a new de novo Anew trial ordered when the previous one failed to reach a conclusion. An "administrator de bonis non administratis" will then be appointed to dispose of these goods. whether or not it is true in general practice. [speak] nothing Social convention that it is inappropriate to speak ill of bonum unless good the recently deceased. A statement given some weight or consideration due to dictum Proverb the respect given the person making it. Heavily used in the context of genocide in dolus specialis Specific intent international law. Often used to mean "start it all over". de minimis non curat The law does not concern itself There must be a minimal level of substance or impact lex with minimal things in order to bring a legal action. de facto. Used in the context of "how the law should be".de bonis non administratis de die in diem de facto de futuro de integro de jure de lege ferenda de lege lata Of goods not administered From day to day Concerning fact Concerning the future Concerning the whole Concerning the law Of the future law Of the law as it exists Assets of an estate remaining after the death (or removal) of the designated estate administrator.f. "For all intents and purposes. such as for proposed legislation. delegatus non potest "No delegated powers can be delegare further delegated. rather than curae the gods against God." Various legal areas concerning small amounts or small degrees. The gift becomes effective at death but remains revocable until that time." de minimis About minimal things . declares words of present gifting and delivers the gift to the Gifts made in contemplation of donatio mortis causa donee or someone who clearly takes possession on death behalf of the donee." dramatis personae List of main characters dubia in meliorem Doubtful things should be Often spoken as "to give the benefit of the doubt. Presumption that young children or persons with doli incapax Incapable of guilt diminished mental capacity cannot form the intent to commit a crime. in the context of "repeat de integro". contemplating imminent death. but has not been officially instituted or endorsed. Something that is established in law. Generally refers to a type of labor in which the worker is paid fully at the completion of each day's work." At a future date. de mortuis nil nisi Of the dead. Often used to mean something that is true in practice. "The donor. Concerning the law as it exists. deorum injuriae diis The gods take care of injuries to Blasphemy is a crime against the State.
it can be considered void ex facie without any further analysis or arguments. . From the chair From what has been conceded already From a transgression On the face By favor Law does not arise from injustice Abbreviation of et alii. Among others And other things. ex ante ex cathedra ex concessis ex delicto ex facie ex gratia ex injuria jus non oritur Of before. qui dicit not on him who denies. Refers to rights or obligations that are owed towards all. ex aequo et bono Of equity and [the] good. The consequence of a crime or tort." Used to describe the power of a judge or arbiter to consider only what is fair and good for the specific case. eo nomine erga omnes ergo erratum et al. By that name. The concept that one is innocent until proven guilty. Abbreviation of et sequens. And the following ones et uxor et vir And wife. Essentially meaning "before the event". Therefore Having been made in error. Towards all. Where chair refers to authority or position. usually used when forecasting future events. it states that when a limited list of specific things also includes a more general class. meaning "and the following ones". meaning "among others". In courts. Often used in a "guilt by association" context. et cetera et seq. Generally used in the sense of "and so forth". ei incumbit probatio Proof lies on him who asserts. Authority derived from one's position. usually only done if all parties agree. that the scope of that more general class shall be limited to other items more like the specific items in the list. Used in citations to indicate that the cited portion extends to the pages following the cited page. And husband. Known as a "canon of construction".partem interpretari debent duces tecum interpreted in the best way Bring with you A "subpoena duces tecum" is a summons to produce physical evidence for a trial. and not necessarily what the law may require. If a contract is blatantly and obviously incorrect or illegal. Usually used instead of naming a man's wife as a party in a case. ejusdem generis Of the same class. Usually defined as "what is right and good. Usually used instead of naming a woman's husband as a party in a case. A principle in international law that unjust acts cannot create laws. Something done voluntarily and with no expectation a legal liability arising therefrom.
C. Based on knowledge of the past. or case brought.ex officio ex parte ex post ex post facto ex post facto law expressio unius est exclusio alterius ex proprio motu ex rel ex turpi causa non oritur actio exempli gratia ex tunc From the office From [for] one party From after From a thing done afterward The express mention of one thing excludes all others By [one's] own motion By relation From a dishonorable cause an action does not arise For the sake of example From the outset ex nunc extant factum From now on Existing individual's act or deed facio ut facias I do. ex nunc. Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract. A party cannot bring a legal action for consequences of his own illegal act. A concept in treaty law that prefers the maintaining of a contract over letting it expire for purely procedural reasons. by or for one party without the other party being present. Holy Roman Emperor. completion of a will and all its parts to make it valid and legal. Commonly said as "after the fact. . anything not explicitly stated is assumed to not be included." Abbreviation of ex relatione. Let justice be done though the heavens fall. C.f. Often used as a motto. Often used when the government brings a case on behalf of another party. notably by Ferdinand I. When items are listed.g. meaning "by relation". or its adjudication. A decision reached. where suicide was legally a felony. 2. 3). a law that makes a past act illegal that was not illegal when it was done. ex tunc. E. Wild animals residing on unowned property do not belong to any party in a dispute on the land.f. Term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. A warrant issued by a judge for some legal proceedings. rather than things that are no longer so." A retroactive law. book of facts and law presented in a Canadian court A type of contract wherein one party agrees to do work for the other.". 1. or commonly "on behalf of". thus a person who committed suicide was treated as a felon for purposes of estate disposal. Usually abbreviated "e. Commonly spoken as "by one's own accord.g. Also sometimes a motto. This archaic term stems from English common law. though the world perish. A suicide. in order that the second party can then perform some work for the first in exchange. that you may do favor contractus Favor of the contract felo de se Felon of himself ferae naturae fiat Fiat justitia et pereat mundus fiat justitia ruat caelum Animals of nature Let it be done Let there be justice. Something done or realized by the fact of holding an office or position. a legal maxim that justice must be done regardless of the result otherwise. an assured statement made. Refers to things that are currently existing at a given point.
the context of approval by a religious body or other censoring authority. in the sense i. though not necessarily the same page or location.e.f. A writ used to challenge the legality of detention. Abbreviation of id est. In property law. statute. developmentally disabled.like crops. An authorization for a document to be printed. how much or degree chattel is attached to 'land' and to 'what' " strong attachment. court. laws conflict with the specific one. to represent parties that cannot represent themselves. validior praesumptionem forum non conveniens That you cause to be made A writ ordering the local law enforcement to ensure that damages awarded by the court are properly recovered. that grows fructus industriales fructus industriales is solely responsible for any losses by human efforts that my occur. ibid. Used in citations to indicate the cited source came idem The same from the same source as the preceding one. in the event that broader non derogant from the specific. Refers to having a sufficient legal basis to bring legal fumus boni iuris Smoke of a good right action. citing a more appropriate forum for the issue to be decided. law is not an excuse for breaking it.. such Enemy of humanity in general. Forum not agreeing . or elderly. ignorantia juris non Ignorance of the law is no A principle that states that not having knowledge of a excusat excuse. ibid. A legal proceeding conducted without the presence of in absentia In absence one party is said to be conducted in absentia. because its original legal purpose has been fulfilled. A person. a co-owner profting from her or his vegetation. hostis humani A party considered to be the enemy of all nations. Abbreviation of ibidem. gravamen Things weighing down The basic element or complaint of a lawsuit. meaning "in the same place. Specifies that a certain matter of law be covered by the generalia specialibus The general does not detract most specific laws pertaining. the stronger presumption A concept wherein a court refuses to hear a particular matter. such as minors. to indicate the cited source came from the identical location as the preceding one. In the same place Used when citing sources. meaning "that is". An independent party appointed in family law disputes guardian ad litem Guardian for the case. or legal document that has no functus officio Having performed his office legal authority.g. C. A writ of execution. That is of restating something that may not have been clear.fieri facias fortis attachiamentum. When determining whether a chattel is a fixture: "size doesn't matter. generis as maritime pirates. Used in imprimatur Let it be printed. trial in absentia or being sentenced in absentia. e. Orders the detaining party to "have the (living) body" habeas corpus May you have the body of the detained brought before the court where the detention will be investigated.
or at full length. wherein most costs are waived or substantially reduced. or is required to be included. In extended form. One who represents themselves in court without the [official] assistance of an attorney. Often used to refer to "at the point of death. or things that may occur later but are not so now. Refers to things to come. Someone unable to afford the costs associated with a legal proceeding. Used when both parties to a case are equally at fault. Used to refer to a person or entity assuming the normal parental responsibilities for a minor. In extreme circumstances. though it technically refers to being "caught in the act" of any misdeed. as well as for testimony in the sense of a dying declaration. Used to mean "in every respect. refers to a judgement or subpoena directed at a specific named individual. Conducted in private. Used in the context of "directed at this particular person". The opposite of in camera. Conducted in open court. Opposite of in posse. A motion to a judge in a case that is heard and considered outside the presence of the jury. in rem. or in the case of schools or other institutions that act in the place of the parents on a day-to-day basis.f. and similar laws applying to the matter are used to interpret the vague one. Also known as an amnesty law. As this will not be a barrier to seeking justice. C. Often used as a euphemism for a couple caught in the act of sexual intercourse. Refers to a situation where a law or statute may be ambiguous." Something applying to every aspect of a situation. Often used to refer to publication of documents. A type of retroactive law that decriminalizes offenses committed in the past." Caught in the actual act of committing a crime. . Actually existing in reality. or in secret.In articulo mortis in camera in curia in esse in extenso in extremis at the moment of death In the chamber In court In existence In the extended In the extreme in flagrante delicto In blazing offense in forma pauperis In the manner of a pauper in futuro in haec verba in limine In the future In these words At the threshold in loco parentis In the place of a parent in mitius in omnibus in pari delicto in pari materia In the milder In all In equal offense In the same matter in personam in pleno in prope persona In person In full On one's own person Often used in probate law. where it means the full unabridged document is published. The opposite of in open court. where its appearance in that form is germane to the case. Used when including text in a complaint verbatim. This can be used in transfers of legal guardianship. such persons are given in forma pauperis status (usually abbreviated IFP).
Used in various contexts to refer to the legal foundation for a thing. This term refers to a nation's territorial waters. This is in contrast to a will. A warning or threat to sue. or other agreements made between parties who are not legal professionals.f. Often used when the implied thing is negative or derogatory. to recover the entire amount owed. Refers to obligations between members of the same group or party. Refers to distinctive markings that identify a piece of intellectual property. in personam. Refers to contract. such as co-signers to a loan. ostensibly for the good of the country. One who represents themselves in 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. Used in the context of a case against property. Used to indicate an item cited has been pulled from a larger or more complete list. debts. See also in rem jurisdiction. made indirectly or vaguely suggesting the thing being implied. A concept that during war. An intimation about someone or something. many illegal activities occur. differentiated from the whole party's obligations to another party. where the transfer takes effect upon one party's death. Refers to a gift or other non-sale transfer between living parties. made in the hopes of convincing the other party to take action to avoid a lawsuit. the debtor can sue a single party in solidum. Also called a nocontest clause. that is. laws are suppressed. Also taken to mean that in times of war. A clause in a will that threatens any party who contests the will with being disinherited. Often used in the context of decisions or rulings about a property or thing "left in place" after the case as it was before. inter alia inter arma enim silent leges inter rusticos inter se Among others For among arms. Often used in copyright notices. C. as opposed to a particular person. Where a group of persons share liability for a debt.in propria persona in re in rem In one's own proper person In the matter [of] About a thing in situ In position in solidum For the whole in terrorem In order to frighten in terrorem clause in toto indicia infra innuendo Clause "in order to frighten" In total Indications Below or Under By nodding Alternate form of in prope persona. the law falls silent Among rustics Amongst themselves inter vivos intra intra fauces terra intra legem Between the living Within Within the jaws of the land Within the law .
but rather weighs all of the evidence without regard to the number of arguments made. The only way to defeat the right of survivorship is to sever the joint tenancy during the lifetime of the parties. on the death of one tenant. Also taken to mean that the judge does not tally up the arguments of both sides and decide in favor of the more numerous. Concept that parties to a case to not need to define how the law applies to their case. An assertion given undue weight solely by virtue of the person making the assertion." A principle that calculation errors made by the court do not invalidate the judgement on a technicality. Used in the context that one event is a direct and immediate consequence of another. jus accrescendi takes priority over a will or interstate accession rules. A codified set of laws concerning citizenry. Not to be confused with ius in bello (q. to ensure it is legal to go to war initially. that tenant's interest passes automatically to the surviving tenant(s) to hold jointly until the estate is held by a sole tenant. Essentially: Law.). Referring to a document or ruling that is being quoted by another. An example is law prohibiting genocide. would be an example of . Internationally agreed laws that bear no deviation. In property law. and the information on whom the oath was sworn before is placed. Appears at the end of an affidavit. Customary law followed by all nations. and how the laws apply to them. Nations being at peace with one another. the "laws of war" concerning how war is carried out. One cannot argue against. and do not require treaties to be in effect. "In and of itself. this term refers to common facets of civil law that underlie all aspects of the law. and the act is performed accordingly. Refers to legalities considered before entering into a war. and from law That which is binding jus accrescendri Right of survivorship jus ad bellum Laws to war jus civile jus cogens Civil law Compelling law jus commune Common law jus gentium Law of nations Something done which requires legal authority. The court is solely responsible for determining what laws apply.intra vires ipse dixit ipsissima verba ipso facto Within the powers He himself said it The very words By the fact itself iudex non calculat The judge does not calculate jura novit curia The court knows the law jurat Sworn juris et de jure jus Of law. where the party making the affirmation signs the oath.v. ultra vires. Not actually referring to common law. C. without having to have an actual peace treaty in force.f. or try to otherwise refute these. Incontrovertible and fundamental presumptions of law.
Where several laws apply to the same situation. live. to determine which laws govern the contract. Social law concept wherein citizenship of a nation is determined by having one or both parents being citizens. An aspect of a unanimous voting system. Law that specifically codifies something. regardless of their nationality. Illustrates that laws are made. the intent of which is to question one of the principal parties' claims of ownership or rights to ownership. whereby any member can end discussion on a proposed law. The law as it has been enacted The law of the country. Laws common to all people. vivunt. Common law. as opposed to common law or customary law. Supposed right of the lord of an estate to take the virginity of women in his estate on their wedding night. that the average person would find reasonable. A situation arising that is not covered by any law. state. gap this concept. Laws governing the conduct of parties in war. Social law concept wherein citizenship of a nation is determined by place of birth. Laws governing treaties and international agreements. Usually used in contract law. or locality where the matter under litigation took place. are in force for a period. Generally used in International Law. moriuntur lex communis lex lata lex loci Void. the more specific one(s) take precedence over more general ones.jus in bello jus inter gentes jus naturale jus primae noctis Law of war Law between the peoples Natural law Law of the first night jus sanguinis jus soli Law of blood Law of soil jus tertii Law of the third lacunae leges humanae nascuntur. See ex post facto law. A law cannot make something illegal that was legal at the time it was performed. Arguments made by a third party in disputes over possession. More recent law overrules older ones on the same matter. as all countries codify according to their own systems of law. Refers to requesting a legal dispute be heard that is lex posterior derogat Later law removes the earlier priori The law does not operate lex retro non agit retroactively lex scripta Written law lex specialis derogat Specific law takes away from legi generali the general law liberum veto Free veto lingua franca lis alibi pendens The Frankish language Dispute elsewhere pending . A language common to an area that is spoken by all. and die and then become obsolete. Term derives from the name given to a common language used by traders in the Mediterranean basin dating from the Middle Ages. even if not their mother tongue. Refers to common facets of civil law that underlie all aspects of the law. The laws of man are born. The law borne The law of the place Alternate form of jus commune.
often to suppress or pre-allow certain evidence or testimony. Often abbreviated "M. The location where a cause of action arose. or is tightly regulated. Used when using behavioral analysis while investigating a crime.lis pendens locus locus delicti locus in quo locus poenitentiae locus standi male fide malum in se malum prohibitum Suit pending Place Place where the offense was committed The place in which Place of repentance A place for standing Bad faith Wrong in itself Prohibited wrong also being heard by another court. or in other legal parlance. Typically a synonym for International Waters. ordering that court or related officials to perform some administrative duty. Often used in the context of public announcements of legal proceedings to come. This essentially is the basis for the notion that those without sufficient mental capability cannot be judged guilty of a crime. the "High Seas". that might not otherwise be so.O. mandamus We command mare clausum Closed sea mare liberum Open sea mens rea Guilty mind modus operandi mora accipiendi mora solvendi mortis causa mos pro lege motion in limine Manner of operation Delay of creditor delay of debtor After Death Custom for law Motion at the start . The "scene of the crime". A condition of being fraudulent or deceptive in act or belief. A body of water under the jurisdiction of a state or nation. A body of water open to all. regardless of the system of laws in effect. Motions offered at the start of a trial. Shorthand version of Lex locus delcti commissi." Delay in payment or performance in the part of the creditor or obligor Delay in payment or performance in the part of the debtor or the obligee Type of donation or con donation that is made after death That which is the usual custom has the force of law. to which access is not permitted. the other being actus reus. When one party withdraws from a contract before all parties are bound. A person's particular way of doing things. Something wrong or illegal by virtue of it being expressly prohibited. One of the requirements for a crime to be committed. this request will not be granted. Often used in the context of legal oversight of government agencies. To avoid possibly contradictory judgements. Something considered a universal wrong or evil. The right of a party to appear and be heard before a court. A writ issue by a higher court to a lower one. the guilt act.
A judgement rendered in the absence of a plea. one side cannot sue the other for failure to meet their obligations. A purchaser of stolen goods will not become the rightful owner thereof. Refers to the court of original jurisdiction in a given matter. the purchaser will likewise have no legal claim to the thing bought. A statement from the prosecution that they are voluntarily discontinuing (or will not initiate) prosecution of a matter. who invokes his own guilt no one gives what he doesn't have no one shall be a judge in his own case no one shall be a judge in his own case no one can transfer a greater right than he himself has he says nothing unless unless first unwilling to pursue I do not wish to contend not completing the contract . if the no one can be heard. In the case where a contract imposes specific obligations on both parties. A writ to prevent one party to a dispute from leaving (or being taken) from the court's jurisdiction. Obligation arising from good works affecting other people. The caution is that the reader must adapt the example to change what is needed for it to apply to the new situation. A type of plea whereby the defendant neither admits nor denies the charge. obliging the creditor to pay for the reimbursement of the cost that was used in doing good works Nobody can bring a case that stems from their own illegal act If someone purchases something that the seller has no right to (such as stolen property). Prohibition against double jeopardy. but when there is even the appearance of one. or in the event one party refuses to cooperate in the proceedings. A decree that does not enter into force unless some other specified condition is met. In the past it was thought that it included just two rules namely (1) nemo debet esse judex in propria causa (no one shall be a judge in his own case) Prevents conflict of interest in courts. since the seller himself was not the owner to begin with.mutatis mutandis Having been changed that which needed to be changed ne exeat Let him not exit [the republic] ne bis in idem not twice in the same negotorium gestio nemo auditur propriam turpitudinem allegans nemo dat quod non habet nemo debet esse iudex in propria nemo judex in sua causa nemo plus iuris ad alium transferre potest quam ipse habet nihil dicit nisi nisi prius nolle prosequi nolo contendere non adimpleti contractus management of estate A caution to a reader when using one example to illustrate a related but slightly different situation. Often invoked when there is really no conflict. A legal action cannot be brought twice for the same act or offense. Shortened version of ne exeat repiblica: "let him not exit the republic".
An action by a court to correct a previous procedural or clerical error. in law. such as graffiti or pornographic films. no punishment poena sine praevia without a previous penal law lege poenali nunc pro tunc now for then obiter dictum a thing said in passing . A type of verdict where positive guilt or innocence cannot be determined. A form of prohibition on retroactive laws. A method whereby a signatory to a contract can invalidate it by showing that his signature to the contract was made unintentionally or without full understanding of the implications. Also called "not proven" in legal systems with such verdicts. Such information is typically nullified. copyright) as they are or may be considered illegal or morally reprehensible. non compos mentis not in possession of [one's] mind it is not certain not having mental capacity to perform some legal act Refers to information given by one who is not supposed to give testimony. nulla no crime.plaintiff has not themselves met their own. Often used to argue that some forms of expression. A circumstance where the judge may override the jury verdict and reverse or modify the decision. Notation made when a defendant has no tangible property available to be seized in order to comply with a judgement.g. A term used to direct the reader to cautionary or qualifying statements for the main text. In non constat non est factum It is not [my] deed non faciat malum. but nevertheless of persuasive authority. cannot be given the protection of law (e. One cannot be prosecuted for doing something that was not prohibited by law at the time and place it was committed. a break in causation (and therefore probably liability) because something else has happened to remove the causal link An ambiguous word or term can be clarified by considering the whole context in which it is used. notwithstanding laws made since that time. due to the absence of consideration or value exchanged for the promise. An unenforceable promise. Performing some illegal action is not excused by the fact that a positive result came therefrom. such as an attorney bringing up new information that did not come from a witness. ut not to do evil that good may inde veniat bonum come non liquet it is not clear non obstante verdicto notwithstanding the verdict novus actus interveniens noscitur a sociis nota bene nudum pactum nulla bona a new action coming between it is known by friends note well naked promise no goods nulla poena sine lege no penalty without a law nullum crimen. without having to define the term itself. an observation by a judge on some point of law not directly relevant to the case before him. One cannot be prosecuted for doing something that is not prohibited by law. and thus neither requiring his decision nor serving as a precedent.
if each branch of the family is to receive an equal share of an estate. The Roman Praetor (magistrate) responsible for matters involving non-Romans. for purposes of considering the rights and responsibilities thereof. as a matter of law. or as a qualification as to when some event occurred. any comment.pacta sunt servanda par delictum parens patriae pater familias pendente lite per capita per contra agreements must be kept equal fault parent of the nation father of the family while the litigation is pending by the head by that against per curiam through the court per incuriam per minas by their neglect through threats per quod per se per stirpes periculum in mora by which by itself by branch danger in delay persona non grata unwelcome person posse comitatus post mortem to have a [armed] companion after death post mortem auctoris after the author's death praetor peregrinus prima facie magistrate of foreigners first face general. Used as a defense. when illegal acts were performed under duress Used in legal documents in the same sense as "whereby". The head of household. remark or observation made in passing A fundamental principle of law Used when both parties to a dispute are at fault Refers to the power of the State to act as parent to a child when the legal parents are unable or unwilling. A judgement given without reference to precedent. in which the decision is said to be authored by the court itself. dividing money up strictly and equally according to the number of beneficiaries Legal shorthand for "in contrast to" A decision delivered by a multi-judge panel. . to keep the peace or pursue a fugitive. Court orders used to provide relief until the final judgement is rendered. Commonly used in divorce proceedings. A person who is officially considered unwelcome by a host country in which they are residing in a diplomatic capacity. Something that is. A condition given to support requests for urgent action. which usually are based around the author's lifetime. A matter that appears to be sufficiently based in the evidence as to be considered true. such as a protective order or restraining order. instead of situations where those individual judges supporting the decision are named. A body of armed citizens pressed into service by legal authority. The person is typically expelled to their home country. A per quod statement is typically used to show that specific acts had consequences which form the basis for the legal action. Refers to an autopsy. An estate of a decedent is distributed per stirpes. such as an appellate court. Used in reference to intellectual property rights.
pro per pro rata from the rate pro se pro tanto pro tem pro tempore propria persona prout patet per recordum qua quareitur quaere quantum quantum meruit for himself for so much Abbreviation of pro tempore. meaning "for the time being" for the time being proper person as appears in the record which. Also known as pro per representation. A partial payment of an award or claim. assessed . without counsel. that is temporary. Representing oneself. do not judge proof overcomes presumption for the public good as a matter of form for this turn Abbreviation of propria persona. despite being in a jurisdiction in which he has not been generally admitted Representing oneself. a quasi-contractual remedy that as much as it deserves. Refers to one reperesenting themselves without the services of a lawyer. An example would be a tenant being charged a portion of a month's rent based on having lived there less than a full month. Used to cite something that has already been admitted into the record. such as an office held. A calculation adjusted based on a proportional value relevant to the calculation. Something. Used to declare that a question is being asked in the following verbiage. that is temporary. Refers to a lawyer who is allowed to participate (only) in a specific case. In the capacity of The question is raised. Another name for this principle is lex posterior. as it is sought for query how much In contract law.primogeniture prior tempore potior iure prius quam exaudias ne iudices probatio vincit praesumptionem pro bono pro bono publico pro forma pro hac vice first offspring earlier in time. Also known as pro se representation. Used in legal drafts to call attention to some uncertainty or inconsistency in the material being cited. A legal principle that older laws take precedent over newer ones. such as an office held. based on the defendant's ability to pay. Professional work done for free. meaning "proper person" The legal custom that the first born is entitled to inherit the entire estate of the parents. Things done as formalities. Also known as pro per representation. stronger in law before you hear. The amount charged would be proportional to the time occupied. Something. without counsel. as much permits partial reasonable payment for an incomplete as she or he has earned piece of work (services and/or materials).
acts himself Abbreviation of qui tam pro domino rege quam pro se ipso in hac parte sequitur. An equal exchange of goods or services. reasonable worth for goods delivered. or the legal precedent so involved. and in particular the requirement for consideration. for requirements of consideration. or of money (or other consideration of equal value) for some goods or services. quantum valebant is being used less. Used to mean "with respect to" some named thing. Basis for the law of agency In a qui tam action. and could be considered to be obsolete. Changes with King or Queen on throne at time. Returning to a specific state of affairs which preceded some defined action. A request made to someone exercising some power. to show by what legal right they are exercising that power. In contract law. quantum valebant as much as they were worth quasi qui facit per alium facit per se as if who acts through another. then one party would request a reasonable price for the said services and/or materials at the end of the job. in the case of contract remedy. i. where no price is established when the request is made. One who delegates a task to another. this for that as before by what warrant? qui tam quid pro quo quo ante quo warranto quoad hoc as to this quod est necessarium What is necessary is lawful est licitum R ratio decidendi Rex or Regina Reason for the decision King or Queen. will see R v Freeman meaning Regina against Freeman. Under Common Law. The point in a legal proceeding. In contract law. which led to the final decision being what .e. one who assists the prosecution of a case is entitled to a proportion of any fines or penalties assessed. In British cases. meaning "who pursues in this action as much for the king as himself". Usage: quantum meruit has replaced quantum valebant in consideration. without actually being that thing. if no fixed price is agreed upon for the service and/or materials.proportionately. A type of writ. takes full responsibility for the performance of that act as if he himself had done it. A common example would be a plumber requested to fix a leak in the middle of the night. a remedy to compute reasonable damages when a contract has been breached—the implied promise of payment of a reasonable price for goods. Resembling or being similar to something. such as when stating what the law is in regards to that named thing.
All things subject to concern by the citizenry. meaning no res judicata a matter judged further appeals or legal actions by the involved parties is now possible.g. Such property or goods res nullius nobody's thing are able and subject to being owned by anybody. employees). restitutio in integrum total reinstatement (2) In contract law. "Certain rights may arise by virtue of ownershipo of the soil upon which wild animals are found. that allows for nullification in the event fundamental circumstances change. when considering breach of contract and remedies. affair it was. and that could not be the subject of ownership. Now scandal of the magnates magnatum repealed as a specific offense.that is. used in tort law when there is no proof of what caused res ipsa loquitur the thing speaks for itself the harm. or a notion of lex esto the supreme law how the law and governments in general should be. held by those in the Medieval period." A qualification in a treaty or contract. Water is a bit more defined — it is common until captured. res communis common to all With airspace. the qualifier refers only to the last item in the list. scandalum Defamation against a peer in British law. May refer to the complete act of a felony. The root res publica public affair of the word republic. matter. res publica All things of concern to the worldwide body of Christian public affair christiana Christianity A concept that the master (e. a thing common to all. Ownerless property or goods. Differing meaning depending on what type of law is involved. Property constructs like airspace and water rights are said to be res communis . to restore a party to an original position. res gestae things done from start to finish.g. or may refer to statements given that may be exempt from hearsay rules. to its original condition. employer) is respondeat superior let the master answer responsible for the actions of his subordinates (e. The popular opinion of Roman law. The canon of construction that in a list of items containing a qualifying phrase at the end. salus populi suprema The good of the people shall be Used variously as a motto. (1) Restoration of something. such as a building or damaged property. a reminder. issue. . but it is most likely only the thing that could have caused the harm A matter that has been finally adjudicated. the difficulty has been to identify where the fee simple holder's rights to the heavens end.ratio scripta rationae soli rebus sic stantibus reddendo singula singulis res written reason by reason of the soil things thus standing referring solely to the last thing.
Describes the process in which the court hears assorted matters in a specific order. In contract law. strict liability. condominiums has said to occupy stratum many stories about the ground. or where an offense or tort was committed. the "state in which before" or "the state of affairs that existed previously. negligence. Restrictions can give rise to tort actions include trespass. 3) Stratum can refer to classification in an organized system along the lines of layers. While an individual is entitled to the use and use your property so as not to enjoyment of one's estate. levels. rather than a single ruling from the entire panel. from neuter past individuals with similar status of social. cultural or participle of sternere.scienter scire facias scire feci se defendendo seriatim sic utere tuo ut alienum non laedas sine die sine qua non situs solutio indebiti stare decisis status quo status quo ante statu quo stratum sua sponte sub judice sub modo Used when offenses or torts were committed with the full awareness of the one so committing. without which without which. to spread economic nature. Some action taken by the court or another official of its own accord body. Also refers to an occasion in series where a multiple-judge panel will issue individual opinions from the members. the state in which—meaning the the injured party is entitled to be replaced in statu quo. See also adjournment sine die. or self-defense the well-being or property of another." 1) In property law. divisions. without the prompting of another party. Obligation arising from undue payment. Used to refer to laws specific to the location where the place specific property exists. nothing there can be no specified consequence. 2) Stratum can also be a societial level made up of a covering. Refers to some essential event or action. informing the court that the writ has been properly delivered. directing local officials to officially inform a let them know party of official proceedings concerning them. Term in contract law that allows limited modifications subject to modification to a contract after the original form has been agreed to knowingly . in a case of innocent representation. and nuisance. The obligation of a judge to stand by a prior precedent. The act of defending one's own person or property. the right is not without injure that of your neighbours limits. Used when the court is adjourning without specifying without day a date to re-convene. The decision stands. A writ. current or existing state of Note the common usage is status quo from the Latin affairs status quo ante. The official response of the official serving a writ of I have made known scire facias. obliging the Solution for undue debtor to return the undue payment. or similar grouping. Refers to a matter currently being considered by the under judgement court.
Refers to one legally competent to manage his own of his right affairs. or action. rev'd sub nom. above Used in citations to refer to a previously cited source. and aff'd sub nom. pending the outcome of the appeal. order. it cannot be expected that all will perform the same. The under silence effect of the ruling or action is implied by related and subsequent actions. or other court action made without specifically stating the ruling. Refers to a threefold tax levied on Anglo-Saxon three-knotted need citizens to cover roads. Refers to a court or other official agency taking some of its own motion action on its own accord. Concept in contract law specifying that all parties must most abundant faith act with the utmost good faith. Willful concealment of the truth when bound to reveal it. or some other action. and not an appeal of the previous decision. order. refrain from requesting a delay of payment for awards or damages granted. such as withholding details of damage from an auto suppression of the truth accident from a prospective buyer of the car in that accident. Also spelled sui iuris. used in case citations to indicate that the official name of a case changed during under the name the proceedings. and the military.) A ruling. of its own kind/genus Something that is unique amongst a group. Specifies that one should do what he can to support the no one is obligated (to do) more community. usually after appeal (e. An act that requires legal authority to perform. Abbreviated sub nom. but beyond the power which is done without obtaining that authority. A bond tendered by an appellant as surety to the court. but since everyone has different levels of than he can ability. buildings. or no one's land land which a sovereign state has relinquished claim to.sub nomine sub silentio subpoena subpoena ad testificandum subpoena duces tecum suggestio falsi sui generis sui juris suo motu supersedeas suppressio veri supra terra nullius trial de novo trinoda necessitas uberrima fides ultra posse nemo obligatur ultra vires by all parties. A completely new trial of a matter previously judged. .. false suggestion A false statement made in the negotiation of a contract. under penalty for failure to do so. It specifically refers to a replacement trial for the trial anew previous one.g. An order compelling an entity to give oral testimony in testify under penalty a legal matter. but not specifically stated.. the production of under penalty evidence. An order compelling an entity to produce physical bring with you under penalty evidence in a legal matter. A writ compelling testimony. Land that has never been part of a sovereign state. Similar to sua sponte.
especially the enactment of legislation. vice versa the other way around Something that is the same either way. vis major greater or superior force the more common term is the French phrase 'Force majeure'. See also casus fortuitus (chance occurrence). Events over which no humans have control. The power of an executive to prevent an action. due to fundamental changes in aequitas subvenit circumstance brought upon by their delay. viz.Used to criticize inconsistencies in speech or testimony. wherein all property possessed by the parties at the conclusion of uti possidetis as you possess the conflict shall remain owned by those parties unless treaties to the contrary are enacted. if said person willingly placed volenti non fit injuria injury is not done to the willing themselves in a situation where they knew injury could result. videlicet meaning "it is permitted to see" Usually abbreviated viz. Used when considering whether some event or vel non or not situation is either present or it is not. An "Act of God". as in: one says one thing. that it is no longer considered just dormientibus sleeping to hear their claim. veto I forbid. Abbreviation of videlicet Namely Notion that a person cannot bring a claim against another for injury. In law. vide see Used in citations to refer the reader to another location. Used in documents to mean "namely" or "that is". not the bringing an action. Contraction of videre licet. Used in documents in place of the wife's name. and so cannot be held responsible. and in the same breath. says another contradictory thing. uno flatu in one breath . Concept that if an opposing party unreasonably delays vigilantibus non Equity aids the vigilant. Ancient concept regarding conflicts. uxor wife Usually abbreviated et ux. vinculum juris the chains of the law Something which is legally binding.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.