Term or

Literal translation Definition and use English pronunciation

phrase

An a fortiori argument is an "argument

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

Divorce a mensa et thoroindicates legal

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

An argument derived from subsequent

a posteriori from later /ˌeɪ ˌpɒstiːrioʊraɪ/
event.

An argument derived from previous

a priori from earlier /ˌeɪ praɪoʊraɪ/
event.

Regarding a court below in an appeal,

either a court of first instance or an
a quo from which /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

contract, statute, marriage, or deed
ab initio from the beginning /ˌæb ɪˈnɪʃioʊ/
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]

The burden of proof falls to the plaintiff,

Actori incumbit on the plaintiff rests
claimant, or petitioner according
onus probatio the proving
to Roman law.

Part of what proves criminal liability

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

Abbreviated from Cuius est solum eius

ad coelum to the sky est usque ad coelum et ad /ˌæd ˈsiːləm/
infernos which translates to "[for]
whoever owns [the] soil, [it] is his all the
 Term or
Literal translation Definition and use English pronunciation
phrase

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.

ad colligenda
to collect the goods
bona

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

ad hominem at the person /ˌæd ˈhɒmɪnɛm/
than answering his argument.

ad idem to the same thing In agreement. /ˌæd ˈaɪdəm/

ad infinitum to infinity To continue forever. /ˌæd ɪnfɪˈnaɪtəm/

Describes those designated to represent

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

Used in tort law. Implies that the reward

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

ad valorem according to value /ˌæd vəˈloʊrɛm/

adjournment sine adjournment without a When an assembly adjourns without

/ˌsaɪni ˈdaɪi/
die 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

amicus curiae friend of the court /əˈmaɪkəs ˈkjuːrii/
court regarding a case before it.
 Term or
Literal translation Definition and use English pronunciation
phrase

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

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

"Wild animals, such as bees and homing

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

ante before

for the sake of

(in) arguendo
argument

Refers to the idea that one cannot be

Audi alteram
hear the other side fairly judged unless the cases for and
partem
against them have been heard.

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/

Force majeure, specifically a man-made

casus fortuitus fortuitous event inevitable accident (e.g. riots, strikes, civil
war); ex: When H.M.S. Bounty was
destroyed by Hurricane Sandy, October
29, 2012, casus fortuitus would describe
 Term or
Literal translation Definition and use English pronunciation
phrase

the H.M.S. Bounty being at the wrong

place when Hurricane Sandy came up
the coast.HMS Bounty SinksCompare vis
major (see below).

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
Caveat emptor Let the buyer beware could not get relief from a seller for /ˈkæviæt 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 the More commonly rendered in English as

Ceteris paribus /ˌsɛtərɪs ˈpærɪbəs/
same "All other things being equal."

cogitationis Nobody suffers

poenam nemo punishment for mere
patitur intent

The aggregate of marital property under

communio
community of property a community property matrimonial
bonorum
regime.

compensatio Delay in payment or performance on the

balance of delay
morae part of both the debtor and the creditor.

Of sound mind. Also used in the negative

having command of
compos mentis "Non compos mentis", meaning "Not of /ˈkɒmpɒs ˈmɛntɪs/
mind
sound mind".

Condicio sine qua A condition without An indispensable and essential action,

non which it could not be condition, or ingredient.

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.
 Term or
Literal translation Definition and use English pronunciation
phrase

Stipulates that when two or more

consensus facit consensus makes the persons arrive at a good faith agreement,
legem law the law will insist on that agreement
being carried out.

Where no laws apply to a given situation,

consuetudo pro
Custom is held as law the customs of the place and time will
lege servatur
have the force of law.

Used in case citations to indicate that the

contra against cited source directly contradicts the point
being made.

contra bonos Contracts so made are generally illegal

against good morals
mores and unenforceable.

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 itself A contradiction in terms.
adjecto

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

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

A person cannot be convicted of a crime,

corpus delicti body of the crime unless it can be proven that the crime /ˈkɔːrpəs dɪˈlɪktaɪ/
was even committed.

The complete collection of laws of a

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

corpus juris civilis body of civil law The complete collection of civil laws of a /ˈkɔːrpəs ˈdʒuːrɪs sɪˈvaɪlɪs/
particular jurisdiction or court. Also
 Term or
Literal translation Definition and use English pronunciation
phrase

sometimes used to refer to the Code of

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

secundum US 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
cui bono as a benefit to whom? those who would have benefited
financially from the crime, even if it is not
immediately obvious.

cuius est solum For whoever owns the

Used in reference to the rights of
eius est usque ad soil, it is theirs up to
property owners to the air above, and
coelum et ad Heaven and down to
land below, their property.
inferos Hell

Specifies that larceny was taking place in

de bonis
carrying goods away addition to any other crime named. E.g.
asportatis
"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

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

Literally "from fact"; often used to mean

something that is true in practice, but has
de facto in fact not been officially instituted or endorsed.
"For all intents and purposes". Cf. de
jure.
 Term or
Literal translation Definition and use English pronunciation
phrase

de futuro concerning the future At a future date.

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

de integro concerning the 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 should
de lege ferenda should be", such as for proposed
be
legislation.

Concerning the law as it exists, without

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

That which has been

delegatus non
delegated cannot
potest delegare
delegate [further]

about the smallest Various legal areas concerning small

de minimis
things amounts or small degrees.

The law does not There must be a minimal level of

de minimis non
concern itself with the substance or impact in order to bring a
curat lex
smallest [things] legal action.

Social convention that it is inappropriate

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

Often used in the context of "trial de

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

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

A statement given some weight or

dictum (thing) said consideration due to the respect given
the person making it.
 Term or
Literal translation Definition and use English pronunciation
phrase

Presumption that young children or

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

Heavily used in the context

dolus specialis Specific deceit
of genocide in international law.

Tame or domesticated animal. Also

domitae naturae tame by nature called 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 personae persons of the drama

dubia in meliorem Doubtful things should

Often spoken as "to give the benefit of
partem interpretari be interpreted in the
the doubt."
debent best way

A "subpoena duces tecum" is a

duces tecum bring with you summons to produce physical evidence
for a trial.

ei incumbit Proof lies on him who The concept that one is innocent until
probatio qui dicit asserts. proven guilty.

Known as a "canon of construction", it

states that when a limited list of specific
things also includes a more general
ejusdem generis of the same class
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.
 Term or
Literal translation Definition and use English pronunciation
phrase

ergo therefore

having been made in

erratum
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".

Abbreviation of et sequens, meaning

"and the following ones". Used in
and the following
et seq. citations to indicate that the cited portion
things
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
of equity and [the]
ex aequo et bono fair and good for the specific case, and
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

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

from what has been Often used in a "guilt by association"

ex concessis
conceded already context.
 Term or
Literal translation Definition and use English pronunciation
phrase

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

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.

ex fida bona good business norms

Something done voluntarily and with no

ex gratia by favor expectation of a legal liability arising
therefrom.

ex injuria jus non Law does not arise A principle in international law that unjust
oritur from injustice. acts cannot create laws.

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

ex parte from [for] one party or for one party without the other party
being 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 law illegal an act that was not illegal when it
was done.

expressio unius The express mention When items are listed, anything not
est exclusio of one thing excludes explicitly stated is assumed to not be
alterius all others. included.

Commonly spoken as "by one's own

ex proprio motu by [one's] own motion
accord."
 Term or
Literal translation Definition and use English pronunciation
phrase

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").

From a dishonorable
ex turpi causa non A party cannot bring a legal action for
cause an action does
oritur actio consequences of his own illegal act.
not arise.

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

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

1. an assured statement made; 2.

completion of a will and all its parts to
factum deed
make it valid and legal; 3). book of facts
and law presented in a Canadian court.

A type of contract wherein one party

agrees to do work for the other, in order
facio ut facias I do, that you may do
that the second party can then perform
some work for the first in exchange.

A concept in treaty law that prefers the

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

A suicide. This archaic term stems from

English common law, where suicide was
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.
 Term or
Literal translation Definition and use English pronunciation
phrase

Wild animals residing on unowned

property do not belong to any party in a
ferae naturae wild animals by 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.

Let there be justice,

Fiat justitia et Often used as a motto, notably
though the world
pereat mundus by Ferdinand I, Holy Roman Emperor.
perish.

Let justice be done Also sometimes a motto, a legal maxim

fiat justitia ruat
though the heavens that justice must be done regardless of
caelum
fall. the result otherwise.

A writ ordering the local law enforcement

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

fortis When determining whether a chattel is a

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

A concept wherein a court refuses to

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

Emblements; in property law, a co-owner

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

Vegetation naturally growing from old

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

Refers to having a sufficient legal basis

fumus boni iuris smoke of a good right
to bring legal action.
 Term or
Literal translation Definition and use English pronunciation
phrase

A person, court, statute, or legal

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

Specifies that a certain matter of law be

generalia The general does not
covered by the most specific laws
specialibus non detract from the
pertaining, in the event that broader laws
derogant specific.
conflict with the specific one.

The basic element or complaint of a

gravamen things weighing down /ɡrəˈveɪmɛn/
lawsuit.

An independent party appointed in family

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

A writ used to challenge the legality of

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

hostis humani enemy of the human A party considered to be the enemy of all
generis race nations, such as maritime pirates.

Abbreviation of id est, meaning "that is",

i.e. that is in the sense of restating something that
may not have been clear.

Abbreviation of ibidem, meaning "in the

same place. Used when citing sources,
ibid. in the same place to indicate the cited source came from
the identical location as the preceding
one.

Used in citations to indicate the cited

source came from the same source as
idem the same the preceding one, though not
necessarily the same page or location.
Cf. ibid.
 Term or
Literal translation Definition and use English pronunciation
phrase

A principle that states that not having

ignorantia juris Ignorance of the law
knowledge of a law is not an excuse for
non excusat does not excuse.
breaking it.

An authorization for a document to be

printed. Used in the context of approval
imprimatur Let it be printed.
by 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.

Conducted in open court. The opposite

in curia in court
of in camera.

Actually existing in reality. Opposite of in

in esse in existence
posse.

In extended form, or at full length. Often

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 delicto in blazing offense couple caught in the act of sexual
intercourse, though it technically refers to
being "caught in the act" of any misdeed.

in the manner of a Someone unable to afford the costs

in forma pauperis associated with a legal proceeding. As /ɪn ˌfɔːrmə ˈpɔːpərɪs/
pauper
this will not be a barrier to seeking
justice, such persons are given in forma
 Term or
Literal translation Definition and use English pronunciation
phrase

pauperis 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 futuro in the future /ɪn fjuːˈtjuːroʊ/
in in futurodebts, 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

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

Used to refer to a person or entity

assuming the normal parental
responsibilities for a minor. This can be
in the place of a
in loco parentis used in transfers of legal guardianship, or /ɪn ˌloʊkoʊ pəˈrɛntɪs/
parent
in the case of schools or other institutions
that act in the place of the parents on a
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

statute may be ambiguous, and similar
in pari materia in the same 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.
 Term or
Literal translation Definition and use English pronunciation
phrase

in pleno in full

One who represents themselves in court

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

Alternate form of in prope persona. One

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

Used in the title of a decision or comment

to identify the matter they are related to;
usually used for a case where the
proceeding is in rem or quasi in rem and
not in personam (e.g. probate or
in re in the matter [of] /ɪn ˈriː/
bankrupt estate, guardianship,
application for laying out a public
highway) and occasionally for an ex
parteproceeding (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

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

Jointly and severally; where a group of

persons share liability for a debt, such as
in solidum for the whole co-signers to a loan, the debtor can sue
a single party in solidum, that is, to
recover the entire amount owed.

A warning or threat to sue, made in the

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

A clause in a will that threatens any party

clause "in order to who contests the will with being
in terrorem clause
frighten" disinherited. Also called a no-contest
clause.
 Term or
Literal translation Definition and use English pronunciation
phrase

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 pulled from a larger or more complete /ˌɪntər ˈeɪliə/
list.

A concept that during war, many illegal

inter arma enim For among arms, the activities occur. Also taken to mean that
silent leges laws fall silent. in times of war, laws are suppressed,
ostensibly for the good of the country.

Refers to contract, debts, or other

inter rusticos among rustics agreements made between parties who
are not legal professionals.

Refers to obligations between members

of the same group or party, differentiated
inter se amongst 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

within the jaws of the This term refers to a nation's territorial

intra fauces terrae
land waters.
 Term or
Literal translation Definition and use English pronunciation
phrase

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

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

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

ipso jure the law itself By operation of law.

A principle that calculation errors made

by the court do not invalidate the
judgement on a technicality. Also taken
The judge does not to mean that the judge does not tally up
iudex non calculat
calculate. the arguments of both sides and decide
in favor of the more numerous, but rather
weighs all of the evidence without regard
to the number of arguments made.

Concept that parties to a case do not

The court knows the need to define how the law applies to
jura novit curia
law. their case. The court is solely responsible
for determining what laws apply.

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.

Irrebuttable or conclusive
juris et de jure of law, and from law presumptions of law. One cannot argue
against, or try to otherwise refute these.

jus law, right Essentially: law.

 Term or
Literal translation Definition and use English pronunciation
phrase

(1) Right of survivorship: In property law,

on the death of one joint tenant, that
tenant's interest passes automatically to
the surviving tenant(s) to hold jointly until
the estate is held by a sole tenant. The
only way to defeat the right of
survivorship is to sever the joint tenancy
right of survivorship;
jus accrescendi during the lifetime of the parties, the right
right of accrual
of survivorshop takes priority over a will
or interstate accession rules.[2] (2) (Civil
law) right of accrual: Right of the
beneficiary to succeed proportionately to
a benefit that another beneficiary in the
same will cannot or does not want to
take.

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
jus cogens compelling law
be in effect. An example is law
prohibiting genocide.

Not actually referring to common law, this

term refers to common doctrine and
jus commune common law
principles of civil law that underlie all
aspects of the legal system.

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.
 Term or
Literal translation Definition and use English pronunciation
phrase

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

Right of a third-party beneficiary to sue in

jus quaesitum right to third-party
order to enforce a third-party contract
tertio relief
(i.e., the opposite of privity of contract).

Social law concept wherein citizenship of

jus sanguinis right of blood a nation is determined by having one or /ˈdʒʌs 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

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.

leges humanae Illustrates that laws are made, are in

The laws of man are
nascuntur, vivunt, force for a period, and then become
born, live, and die.
moriuntur obsolete.

Forfeiture clause for nonperformance of

a contract, especially (1) a provision that
a pledge shall be forfeited if a loan is
defaulted, or (2) a condition that money
lex commissoria
paid on a contract of sale shall be
forfeited and the sale rescinded if
outstanding payments are defaulted.
Also known as a pactum commissorium.

Alternate form of jus commune. Refers to

lex communis common law common facets of civil law that underlie
all aspects of the law.
 Term or
Literal translation Definition and use English pronunciation
phrase

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

lex posterior Later law removes the More recent law overrules older ones on
derogat priori earlier. the same matter.

A law cannot make something illegal that

The law does not
lex retro non agit was legal at the time it was performed.
operate retroactively.
See ex post facto law.

Law that specifically codifies something,

lex scripta written law as opposed to common law or customary
law.

lex specialis Specific law takes Where several laws apply to the same
derogat legi away from the general situation, the more specific one(s) take
generali law. precedence over more general ones.

An aspect of a unanimous voting system,

liberum veto free veto whereby any member can end
discussion on a proposed law.

A language common to an area that is

spoken by all, even if not their mother
tongue. Term derives from the name
lingua franca the Frankish language
given to a common language used by
traders in the Mediterranean basin dating
from the Middle Ages.

Refers to requesting a legal dispute be

heard that is also being heard by another
lawsuit elsewhere
lis alibi pendens court. To avoid possibly contradictory
pending
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).
 Term or
Literal translation Definition and use English pronunciation
phrase

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.

When one party withdraws from a

locus poenitentiae place of repentance
contract before all parties are bound.

The right of a party to appear and be

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

A condition of being fraudulent or

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

Evil acts are

maleficia distinguished from Evil acts are distinguished from evil
propositis (evil) purposes/crimes purposes[4] crimes are distinguished by
distinguuntur are distinguished by the intention[5]
evil intent.

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

A writ issue by a higher court to a lower

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

A body of water under the jurisdiction of

mare clausum closed sea a state or nation, to which access is not /ˈmeɪri ˈklɔːzəm/
permitted, or is tightly regulated.
 Term or
Literal translation Definition and use English pronunciation
phrase

A body of water open to all. Typically a

mare liberum open sea synonym for International Waters, or in
other legal parlance, the "High Seas".

One of the requirements for a crime to be

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

A person's particular way of doing things.

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

Delay in payment or performance in the

mora accipiendi delay of creditor
part of the creditor or obligor.

Delay in payment or performance in the

mora solvendi delay of debtor
part of the debtor or the obligee.

in contemplation of Gift or trust that is made in contemplation

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

A caution to a reader when using one

example to illustrate a related but slightly
having changed [the
different situation. The caution is that the
mutatis mutandis things that] needed to
reader must adapt the example to
be changed
change 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 [the
ne exeat prevent one party to a dispute from /ˈniː ˈɛksiæt/
republic]
leaving (or being taken) from the court's
jurisdiction.
 Term or
Literal translation Definition and use English pronunciation
phrase

Prohibition against double jeopardy. A

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

Quasi-contractual obligation arising from

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

nemo auditur
No one can be heard,
propriam Nobody can bring a case that stems from
who invokes his own
turpitudinem their own illegal act.
guilt.
allegans

If someone purchases something that the

nemo dat quod No one gives what he seller has no right to (such as stolen
non habet does not have. property), the purchaser will likewise
have no legal claim to the thing bought.

In the past it was thought that it included

nemo debet esse No one shall be a just two rules namely (1) nemo debet
iudex in propria judge in his own case. esse judex in propria causa (no one shall
be a judge in his own case)[clarification needed]

Everyone should know the law. This is

nemo ius ignoratur Not knowing the law is used in European Law-countries with a
censetur harmful. history of Roman law, the 'sentence' was
first made by Aristotle.

Prevents conflict of interest in courts.

nemo judex in sua No one shall be a Often invoked when there is really no
causa judge in his own case. conflict, but when there is even the
appearance of one.

nemo plus iuris ad A purchaser of stolen goods will not

No one can transfer a
alium transferre become the rightful owner thereof, since
greater right than he
potest quam ipse the seller himself was not the owner to
himself has.
habet begin with.

A judgement rendered in the absence of

nihil dicit He says nothing. a plea, or in the event one party refuses
to cooperate in the proceedings.
 Term or
Literal translation Definition and use English pronunciation
phrase

A decree that does not enter into force

nisi unless unless some other specified condition is /ˈnaɪsaɪ/
met.

Refers to the court of original jurisdiction

nisi prius unless first /ˈnaɪsaɪ ˈpraɪəs/
in a given matter.

A statement from the prosecution that

nolle prosequi not to prosecute they are voluntarily discontinuing (or will /ˈnɒli ˈprɒsɪkwaɪ/
not initiate) prosecution of a matter.

A type of plea whereby the defendant

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

In the case where a contract imposes

specific obligations on both parties, one
non adimpleti of a non-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 of Not having mental capacity to perform

mentis [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.

Performing some illegal action is not

non faciat malum, excused by the fact that a positive result
Not to do evil that came therefrom. Often used to argue that
ut inde veniat
good may come. some forms of expression, such as
bonum
graffiti or pornographic films, cannot be
given the protection of law (e.g.
copyright) as they are or may be
 Term or
Literal translation Definition and use English pronunciation
phrase

considered illegal or morally

reprehensible.

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.

A circumstance where the judge may

non obstante notwithstanding the
override the jury verdict and reverse or
verdicto verdict
modify the decision.

A break in causation (and therefore

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

An ambiguous word or term can be

clarified by considering the whole context
noscitur a sociis It is known by 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.

nulla poena sine no penalty without a One cannot be prosecuted for doing
lege law something that is not prohibited by law.

One cannot be prosecuted for doing

nullum crimen, something that was not prohibited by law
no crime, no
nulla poena sine at the time and place it was committed,
punishment without a
praevia lege notwithstanding laws made since that
previous penal law
poenali time. A form of prohibition on retroactive
laws.
 Term or
Literal translation Definition and use English pronunciation
phrase

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
requiring his decision nor serving as a
obiter dictum a thing said in 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.

pacta sunt Agreements must be

A fundamental principle of law.
servanda kept.

Used when both parties to a dispute are

par delictum equal fault
at fault.

Refers to the power of the State to act as

parens patriae parent of the nation parent to a child when the legal parents
are unable or unwilling.

Equal ranking, equal priority (usually

pari passu on equal footing
referring to creditors).

The head of household, for purposes of

considering the rights and responsibilities
pater familias father of the family thereof. (Civil law) bonus paterfamilias: a
standard of care equivalent to the
common law ordinary reasonable man.

Court orders used to provide relief until

the final judgement is rendered.
while the litigation is
pendente lite Commonly used in divorce proceedings.
pending
The adverbial form of lis
pendens(above).
 Term or
Literal translation Definition and use English pronunciation
phrase

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
per curiam through the court /ˌpɜːr ˈkjuːriæm/
by the court itself, instead of situations
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

per minas through threats
were performed under duress.

Employed when an adult brings suit on

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

Used in legal documents in the same

sense as "whereby". A per
per quod by which quod statement 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.

An estate of a decedent is distributed per

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

A condition given to support requests for

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

A person who is officially considered

unwelcome by a host country in which
persona non grata unwelcome person they are residing in a diplomatic capacity. /pərˈsoʊnə nɒn ˈɡrɑːtə, pərˈsoʊnə nɒn ˈɡreɪtə/
The person is typically expelled to their
home country.
 Term or
Literal translation Definition and use English pronunciation
phrase

A body of armed citizens pressed into

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

Refers to an autopsy, or as a
post mortem after death qualification as to when some event
occurred.

Used in reference to intellectual property

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

The Roman praetor (magistrate)

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

A matter that appears to be sufficiently

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

(1) A legal principle that older laws take

precedence over newer ones. Another
name for this principle is lex posterior. (2)
prior tempore earlier in time, (Scots law, civil law), usually translated
potior iure stronger in law as "prior in time, superior in right", the
principle that someone who registers
(a security interest) earlier therefore
ranks higher than other creditors.

prius quam
Before you hear, do
exaudias ne
not judge.
iudices

probatio vincit Proof overcomes

praesumptionem presumption.

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

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

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

 Term or
Literal translation Definition and use English pronunciation
phrase

Refers to a lawyer who is allowed to

participate (only) in a specific case,
pro hac vice for this turn
despite being in a jurisdiction in which he
has not been generally admitted.

abbreviation of propria
Representing oneself, without counsel.
pro per persona, meaning
Also known as pro serepresentation.
"one's 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.

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

A partial payment of an award or claim,

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

abbreviation of pro
Something, such as an office held, that is
pro tem tempore, meaning "for
temporary.
the 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 perrepresentation.

Used to cite something that has already

been admitted into the record. It was
frequently used in pleadings, generally
prout patet per as appears in the abbreviated "prout &c.", to indicate that a
recordum record fact was supported by documentary
evidence. Failure to use this phrase
correctly could be a fatal defect and so
cause a case to fail.[6]

qua which; as In the capacity of.

 Term or
Literal translation Definition and use English pronunciation
phrase

The question is raised. Used to declare

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

Used in legal drafts to call attention to

quaere query some uncertainty or inconsistency in the
material being cited.

quantum how much

In contract law, a quasi-contractual

remedy that permits partial reasonable
payment for an incomplete piece of work
(services and/or materials), assessed
proportionately, where no price is
established when the request is made.[3]

as much as it
quantum meruit deserves; as much as In contract law, and in particular the
she or he has earned[3] requirement for consideration, if no fixed
price is agreed upon for the service
and/or materials, then one party would
request a reasonable price for the said
services and/or materials at the end of
the job. A common example would be a
plumber requested to fix a leak in the
middle of the night.[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
as much as they were
quantum valebant consideration, reasonable worth for
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
quasi as if something, without actually being that
thing.
One who delegates a task to another,
qui facit per alium who acts through takes full responsibility for the
facit per se another, acts himself performance of that act as if he himself
had done it. Basis for the law of agency.
abbreviation of qui tam
pro domino rege quam
pro se ipso in hac In a qui tam action, one who assists the
parte sequitur, prosecution of a case is entitled to a
qui tam
meaning "who pursues proportion of any fines or penalties
in this action as much assessed.
for the king as
himself".
 Term or
Literal translation Definition and use English pronunciation
phrase

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.
quod est
What is necessary is
necessarium est
lawful.
licitum
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
ratio decidendi reason for the decision legal precedent so involved, which led to
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
rationae soli by reason of the soil ownership of the soil upon which wild
animals are found."[2]
A qualification in a treaty or contract, that
rebus sic stantibus things thus standing allows for nullification in the event
fundamental circumstances change.
The canon of construction that in a list of
reddendo singula referring solely to the items containing a qualifying phrase at
singulis last the end, the qualifier refers only to the
last item in the list.
thing, matter, issue,
res
affair
Property constructs like airspace and
water rights are said to be res
communis – that is, a thing common to
all, and that could not be the subject of
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.
used in tort law when there is no proof of
The thing speaks for what caused the harm, but it is most
res ipsa loquitur
itself. likely only the thing that could have
caused the harm.
A matter that has been finally
res judicata a matter judged /ˈriːz dʒuːdɪˈkeɪtə, ˈreɪz, dʒuːdɪˈkɑːtə/
adjudicated, meaning no further appeals
 Term or
Literal translation Definition and use English pronunciation
phrase

or legal actions by the involved parties is

now possible.
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 All things of concern to the worldwide
Christian public affair
christiana body of Christianity.
A concept that the master (e.g.
respondeat Let the master
employer) is responsible for the actions
superior answer.
of his subordinates (e.g. employees).
(1) Restoration of something, such as a
building or damaged property, to its
restitutio in original condition.
total reinstatement
integrum (2) In contract law, when considering
breach of contract and remedies, to
restore a party to an original position.[3]
rex non potest The king can do no Used to describe the basis for sovereign
peccare wrong. immunity.
The good of the Used variously as a motto, a reminder, or
salus populi
people shall be the a notion of how the law and governments
suprema lex esto
supreme law. in general should be.
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
serving a writ of scire facias, informing
scire feci I have made known.
the court that the writ has been properly
delivered.
Secundum According to the form
formam statuti of the 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.
While an individual is entitled to the use
sic utere tuo ut Use your property so and enjoyment of one's estate, the right
alienum non as not to injure that of is not without limits. Restrictions can give
laedas your neighbours. rise to tort actions include trespass,
negligence, strict liability, and nuisance.[2]
Used when the court is adjourning
sine die without day without specifying a date to re-convene.
See also adjournment sine die.
 Term or
Literal translation Definition and use English pronunciation
phrase

Refers to some essential event or action,

sine qua non without which, nothing without which there can be no specified
consequence.
Used to refer to laws specific to the
situs the place location where specific property exists, or
where an offense or tort was committed.
Undue performance or payment, obliging
the enrichee (accipiens) to return the
performance of
solutio indebiti undue payment or compensate the
something not due
impoverishee (solvens) for the undue
performance
to stand by [things] The obligation of a judge to stand by a
stare decisis /ˈsteɪri dɪˈsaɪsɪs/
decided prior precedent.
In contract law, in a case of innocent
representation, the injured party is
status quo entitled to be replaced in statu quo. Note
status quo ante the state in which the common usage is status quofrom 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]
2) Stratum can also be a societial level
a covering, from
made up of individuals with similar status
stratum neuter past participle
of social, cultural or economic nature.
of sternere, to spread
3) Stratum can refer to classification in an
organized system along the lines of
layers, levels, divisions, or similar
grouping.
Some action taken by the public
prosecutor or another official body,
without the prompting of a plaintiff or
sua sponte of its own accord
another party. (compare ex proprio
motu, ex mero motuwhich 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
modifications to a contract after the
sub modo subject to modification
original form has been agreed to by all
parties.
Abbreviated sub nom.; used in case
citations to indicate that the official name
sub nomine under the 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
sub silentio under silence
ruling or 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 be An order compelling an entity to give oral
testificandum witnessed testimony in a legal matter.
 Term or
Literal translation Definition and use English pronunciation
phrase

An order compelling an entity to produce

subpoena duces bring with you under
physical evidence or witness in a legal
tecum penalty
matter.
A false statement made in the
suggestio falsi false suggestion
negotiation of a contract.
Something that is unique amongst a
sui generis of its own 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
supersedeas refrain from of payment for awards or damages
granted, pending the outcome of the
appeal.
Willful concealment of the truth when
bound to reveal it, such as withholding
suppression of the
suppressio veri details of damage from an auto accident
truth
from a prospective buyer of the car in
that accident.
Used in citations to refer to a previously
supra above
cited source.
(Scots law) "as is", to disclaim implied
tantum et tale thus and such warranties, as in to purchase or convey
something tantum et tale.
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 necessitas three-knotted need Saxon citizens to cover roads, buildings,
and the military.
Concept in contract law specifying that all
uberrima fides most abundant faith parties must act with the utmost good
faith.
Specifies that one should do what he can
to support the community, but since
ultra posse nemo No one is obligated (to
everyone has different levels of ability, it
obligatur do) more than he can.
cannot be expected that all will perform
the same.
An act that requires legal authority to
ultra vires beyond the powers perform, but which is done without
obtaining that authority.
universitas Aggregate of people, body corporate, as
totality of people
personarum in a college, corporation, or state
universitas rerum totality of things Aggregate of things.
Used to criticize inconsistencies in
uno flatu in one breath
speech or testimony, as in: one says one
 Term or
Literal translation Definition and use English pronunciation
phrase

thing, and in the same breath, says

another contradictory thing.
Ancient concept regarding conflicts,
wherein all property possessed by the
parties at the conclusion of the conflict
uti possidetis as you possess
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.
vice versa the other way around Something that is the same either way.
Used in citations to refer the reader to
vide see
another location.
contraction of videre
Used in documents to mean "namely" or
videlicet licet, meaning "it is
"that is". Usually abbreviated viz.
permitted to see"
vinculum juris the chains of the law Something which is legally binding.
Force majeure, specifically events over
which no humans have control, and so
greater or superior
vis major cannot be held responsible. Equivalent to
force
an "Act of God". Compare casus
fortuitus (see above).
abbreviation
viz. Namely.
of videlicet
Notion that a person cannot bring a claim
volenti non fit Injury is not done to against another for injury, if said person
injuria the willing. willingly placed themselves in a situation
where they knew injury could result.
Concept that if an opposing party
unreasonably delays bringing an action,
vigilantibus non Equity aids the
that it is no longer considered just to hear
dormientibus vigilant, not the
their claim, due to fundamental changes
aequitas subvenit sleeping.
in circumstance brought upon by their
delay.