1.What is the meaning of the Latin Maxim/Legal Word/ Legal Term ‘Impotentia excusat legem”?

Impossibility is an excuse in law.

The Latin Maxim/word/term stands for the impossibility of performing a legal obligation due to a
reasonably unforeseeable situation.

2. What is the meaning of the Legal Maxim/ Legal Word/Legal Term “In pari causa possessor
potior haberi debet.”?

In an equal cause, the possessor has the advantage.

The Latin Maxim/word/term means, when two parties have equal rights, the advantage is always in favor
of the possessor.

3. What is the meaning of the Legal Maxim/ Legal Word/Legal Term “In pari delicto, potior
est condition possi deutis”?

In equal fault, condition of possessor is better.

The Latin Maxim/word/term means "in equal fault (better is the condition of the possessor)", is a legal
term used to indicate that two persons or entities are equally at fault, whether the malfeasance in
question is a crime or tort.

4. What is the meaning of the Legal Maxim/ Legal Word/Legal Term “Champerty”?

Getting share in a legally disputed property

The Latin Maxim/word/term Proceeding against a party, where the person giving help has a share in the
damages to be recovered.

5. What is the meaning of the Legal Maxim/ Legal Word/Legal Term “Denatio mortis causa”?

Gift of property by a person expecting to die.

The Latin Maxim/word/term A gift of personal property made by someone who expects to die in the
immediate future, taking full effect only after the donor dies.
6. What is meant by the Legal Maxim/word “praesumptio innocentiae”?

Pesumption of Guilt
The presumption of innocence is the legal principle that one is considered innocent unless proven guilty.

7. What is meant by the Legal Maxim/word “non bis in idem”?

not twice in the same

Prohibition against double jeopardy. A legal action cannot be brought twice for the same act or offense.

8. What is meant by the Legal Maxim/word “ius commune”?

Common law

Not actually referring to common law; this term refers to common doctrine and principles of civil law
that underlie all aspects of civilian legal systems and that formed the basis of medieval Roman law.

9. What is meant by the Legal Maxim/word “mortis causa”?

Contemplation on death bed

In Latin this legal word means “In contemplation of approaching death”. A phrase sometimes used in
reference to a deathbed gift, or a gift causa mortis, since the giving of the gift is made in expectation of
approaching death. A gift causa mortis is distinguishable from a gift inter vivos, which is a gift made
during the donor's (the giver's) lifetime.

10. What is meant by the Legal Maxim/word “falsus procurator”?

False agent

Falsus procurator (Latin literally: "false representative") is the legal technical term for a representative
without power of representation (Austrian apparent agent). The term comes from Roman law. The
female form is falsa procuratrix. Who makes legal statements in the name of another , eg. B. concludes
a contract of sale without being authorized to act as falsus procurator.

11. What is meant by the Legal Maxim/word “jus naturale”?

Laws common to all people, that the average person would find reasonable, regardless of their
nationality.

12. What is meant by the Legal Maxim/word “jus cogens”?

Internationally agreed laws that bear no deviation, and do not require treaties to be in effect. An example
is law prohibiting genocide.
13. What is meant by the Legal Maxim/Word “jus in bello”?
Laws governing the conduct of parties in war.

14. What is meant by the Legal Maxim “mare clausum” ?

A body of water under the jurisdiction of a state or nation, to which access is not permitted, or is tightly
regulated.

15. What is meant by the Legal Maxim “non compos mentis”?

Not having mental capacity to perform some legal act.

16. Which of the following is the closest in meaning to the legal maxim res communes? 
Res communes is a Roman & civil law concept. It means things owned by no one and subject to use by
all. Things (as light, air, the sea, running water) are incapable of entire exclusive appropriation and are
considered as subject of Res communes.

17. Lex tallienis denotes:

Lex tallienis is the principle or law of retaliation that a punishment inflicted should correspond in degree
and kind to the offense of the wrongdoer, as an eye for an eye, a tooth for a tooth; retributive justice.

18. Mala fide means:

Bad faith (Latin: mala fides) is double mindedness or double heartedness in duplicity, fraud, or
deception.[1] It may involve intentional deceit of others, or self-deception.

19. En venire sa mere is a person in being for the purpose of:

En Ventre Sa Mere means in the mother's womb. For example, ‘child en ventre sa mere’ means a child in
the mothers womb. It refers to an unborn child, and is usually used while referring to that child's rights. In
law, a child is for all beneficial purposes considered as born while in ventre sa mere. For example, for the
purpose of inheritance, a child is treated as having been in existence at the time of the decedent's death
if the child is en ventre sa mere at the time of a decedent's death and is subsequently born alive.

20. Actio personalis moritur cum persona means:

Actio personalis moritur cum persona is a Latin expression meaning "a personal right of action dies with
the person". Some legal causes of action can survive the death of the claimant or plaintiff, for example
actions founded in contract law. However, some actions are personal to the plaintiff, defamation of
character being one notable example. Therefore, such an action, where it relates to the private character
of the plaintiff, comes to an end on his death, whereas an action for the publication of a false and
malicious statement which causes damage to the plaintiff's personal estate will survive to the benefit of
his or her personal representatives.

21. What is meant by "doli incapax"?

Doli Incapax is a Latin term that means “incapable of doing harm”. This term has been used to describe
a presumption of innocence for children in Criminal law in most countries. The basis of this presumption
lies in the theory of Criminal responsibility.

22. What is meant by per incuriam?

Per incuriam - literally translated as "through lack of care" is a device within the common law system of
judicial precedent. A finding of per incuriam means that a previous court judgment has failed to pay
attention to relevant statutory provision or precedents.

23. The doctrine of "stare decisis" underpins the common law system. What is "stare decisis"?
In common law legal systems, a precedent, or authority, is a principle or rule established in a previous
legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent
cases with similar issues or facts.

24. What does the "sine qua non" rule, in terms of causation, mean?
The essential, crucial, or indispensable ingredient without which something would be impossible: “Her
leadership was the sine qua non of the organization's success.” From Latin, meaning “without which
nothing.”

25. What is meant by "Ex turpi causa non oritur actio"?

Ex turpi causa non oritur actio is a legal doctrine which states that a plaintiff will be unable to pursue
legal remedy if it arises in connection with his own illegal act.

26. What is meant by Consensus ad idem ?

There must be meeting of minds of both the parties on the same subject for a valid contract. 
 
EXAMPLE 1 - X contracts with B to sell his White house. B sends his acceptance for the same horse. A valid
Contract is made.
 
EXAMPLE 2- X contracts with B to sell his White Horse. B sends his acceptance for the Black horse of X. This
is not a valid contract.

27. What is  Meant by Ubberrima fides ?

Utmostgoodfaith. 
 

It is the name of a legal doctrine which governs insurance contracts. This means that all parties to an
insurance contract must deal in good faith, making a full declaration of all material facts in the insurance
proposal. This contrasts with the legal doctrine caveat emptor ("let the buyer beware")

28. What do you mean  by Nudum Pactum?

A gratuitous or bare promise, devoid of any consideration. 
 
A nudum pactum in Latin literally means 'Bare or Naked Promise.' In common law, it refers to a promise that
is not legally enforceable for want of consideration. An example of a nudum pactum would be an offer to sell
something without a corresponding offer of value in exchange. While the offer may bind a person morally,
since the offer has not been created with any consideration, it is gratuitous and treated as a unilateral
contract. The offer is therefore revocable at any time by the offeror before acceptance by the offeree.

29. What is meant by Quid pro quo?

Quid pro quo in Latin stands for "something for something," and is used to describe when two parties
engage in a mutual agreement to exchange goods or services. In a quid pro quo agreement one transfer
is contingent upon a reciprocal transfer. As a term, quid pro quo is used similarly in business and legal
contexts to convey that a good or service has been exchanged for something of equal value.

30. What is meant by doctrine of restitution?

The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of
compensation, which is the law of loss-based recovery. When a court orders restitution it orders the
defendant to give up his/her gains to the claimant. If a minor has unjustly enriched himself equity
demands that such property or goods be restored by minor. 
 
Example- X a minor makes a contract with D to sell his house and pays him 50000 rupees. The contract is
held as void ab intio by the court and the house is returned to X. X must return the Consideration for the
house i.e. 50k back to D.

 Legal Maxims (PDF File)Most lawyers love to throw around Latin

phrases. The reason for this is that ancient Rome's legal system
has had a strong influence on the legal systems of most western
countries. After all, at one time, the Romans had conquered most
of Europe, the Middle East, and North Africa. The Roman motto
was divide et impera (dee-vee-deh eht im-peh-rah) — "divide
and conquer." As they conquered nations, they set out to
"Latinize" the "barbarians" (anyone who wasn't Roman). Their goal
was to teach them how to think, act, and be like real Romans. As
the Roman Empire slowly crumbled and disappeared, the new
orders in all these lands gradually adapted the existing legal
system. England (and most of its former colonies) and the United
States of America use a variation of the old Roman law called
"Common Law." This is why lawyers today love those Latin
phrases! (Well, that and the fact that you can't get out of law
school without mastering them.) This article gives you the
information that you need to make sense of what your lawyer,
judge, or parole officer is saying. Knowing what a sentence or
phrase, like "The case is now sub judice (sub you-dee-kay)" or
"What you are proposing is contra legem (kon-trah lay-ghem),"
means, can help — even when you're just
watching Court TV or The Practice. English legal terms are full of
Latin words and phrases. Several of these terms are so common,
you use them today without any problem or confusion. Take these
words for example:
alibi (ah-lee-bee; elsewhere, at another place). If you're asked to
provide an alibi for your whereabouts, you know that you need to
tell where you were when a crime occurred to prove that you
couldn't have been the one who did the awful deed.
alias (ah-lee-ahs; at another time, otherwise). Today, alias often
refers to an alternative name people generally use to conceal their
identity. "John Smith alias Henry Taylor alias Clyde the Hustler"
means John Smith is otherwise known as Henry Taylor who is
otherwise known as Clyde the Hustler.
 per se (purr say; by itself). Also meaning "as such" in English
usage, per se is used casually in English conversations: I didn't
call him stupid, per se. I simply said he had plenty to learn.
versus (wer-soos; turned). Often abbreviated as vs., the more
common English meaning is "against" or "in contrast to": In the
case Roe versus Wade, privacy in cases of abortion was an issue.
 Latin Legal Terms Dictionary This small collection of most widely used Latin words and
expressions from the legal jargon is a gem. Many of these Latin terms are used in modern legal
terminology.
  

Important Legal Terms and Maxims

 
1. Ab initio: Right from the beginning.
 
2. Actus reus: The physical Act of the Crime. It is a part of what proves criminal liability. Mens rea
means the intention behind doing something and Actus reus deals with the ‘act’ itself.
 
3. Ad hominem: Attacking an opponent's character rather than answering his argument. This kind of
behaviour and arguments are not allowed in Court.
 
4. Affidavit: a written statement confirmed by oath or affirmation, for use as evidence in court
 
5. Animus possidendi: An intention to possess (sometimes called animus possidendi) is the other
component of possession. All that is required is an intention to possess something for the time being. In
common law countries, the intention to possess a thing is a fact.
 
6. Bona fide-Means in good faith.
 
7. Caveat- means a warning.
 
8. Sine qua non: Means an indispensable and essential action, condition, or ingredient
 
9. De jure: it means something that is established in law, whether or not it is true in general practice
concerning the law.
 
10. De minimis: See de minimis rule of Copyright.
 
11. Dictum: A statement given some weight or consideration due to the respect given the person making
it.
 
12. Volenti non fit injuria: An injury is not done to one that consents to it. If a person indulges in any act
harmful to himself of his own will, then no other person can be liable for any injury caused to him. An
example would be sportsmen engaged in a boxing match. If a boxer consents to fight, he cannot claim
against his opponent for having injurted him.
 
13. Stare decisis: To stand by decisions. This is a maxim because of which past decisions are followed
by subsequent tribunals enuring that like treatment is meted out for similar cases. There are limitations
to this of course but as a general principle, unless there is a significant reason for differing in the
judgment, the principles or ratio of an earlier decision on the same point by the same court or a higher
court should be followed.
 
14. Quod per me non possum, nec per alium: What a person cannot do by himself, he cannot do through
another person. Hence, by delegating an act that is impermissible, you are not absolved of liability. This
makes a principal liable for the acts of his agent. Similarly, if a person induces someone to commit an
offence, such person is also liable.
 
15. Pacta privata juri publico non derogare possunt: A private contract cannot derogate from the law.
Therefore by entering into a contract if you agree to do something that does not fall within the ambit of
the law, you cannot circumvent it. Such a contract would be void. For instance, in India wagering
contracts are illegal. If I make a wager and win, and you default in making a payment, I cannot sue you
for making good the bet since our contract was void from the beginning (void ab initio).
 
16. Nemo debet esse judex in propria causa: No one can be a judge in his own cause. This is an
important limb of natural justice. This means that only a non biased person should be the judge of a
matter. If a judge is in any way conflicted, he must stand down and let an unbiased and disinterested
judge decide.
 
17. Audi alteram partem: Hear the other side. This means that every person against whom a claim is
made should be allowed to make a representation for his cause. This would mean allowing him enough
time to prepare his case, serve him adequate notice and give him enough opportunity to counter the
claims.
 
18. Ignorantia facti excusat, ignorantia juris non excusat: Ignorance of fact excuses, ignorance of law
does not excuse. This means that a person who is unaware of facts that lead him to commit an offence
would be excused. However, if a man commits an act knowingly, without knowing that the act is an
offence would still be liable.
 
19. De minimis lex non curat: The law does not notice trifling matters. May not be absolutely true in the
States, but the law does not make actionable trivial claims.
 
20. Contra non valentem agere nulla currit praescriptio: No prescription runs against a person not able to
act. Prescription is a branch of the law that limits the time within which a person can make a claim.
Under Indian law, this is provided in the Limitation Act, 1963. By reason of prescription, if I do not sue
against a wrong within a particular time, that right is lost to me.
 
21. Ubi jus ibi remedium: This translates as there is no right without remedy. This means that if there is
any right for the violation of which the law has not prescribed any remedy, than that right doesn't really
amount to a real right at all.

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