List of Legal Latin Terms: A Fortiori

LIST OF LEGAL LATIN TERMS
Literal
Term or phrase Definition and use
translation
An a fortiori argument is an "argument from a stronger reason", meaning that

a fortiori from stronger because one fact is true, that a second related and included fact must also be
true.
from table and

a mensa et thoro Divorce a mensa et thoro indicates legal separation without legal divorce.
bed
a posteriori from later An argument derived from subsequent event
a priori from earlier An argument derived from previous event
Regarding a court of first instance, or the decision/s of a previous court, known

a quo from which
as the courta quo.
Concerning a case, a person may have received some funding from a 3rd party.
ab extra from outside
This funding may have been considered ab extra.
from the "Commonly used referring to the time a contract, statute, marriage, or deed
ab initio
beginning become legal. e.g The couple was covered ab initio by her health policy."[1]
"Presenting the negative portion of a plea when pleading at common by way a

absque hoc without this
special traverse."[1]
Actoriincumbitpr On the plaintiff

The burden of proof, Roman law
obatio rests the proving
actusreus guilty act Part of what proves criminal liability (with mensrea)
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Abbreviated from Cuiusestsolumeiusestusqueadcoelum et ad infernos which

translates to "[for] whoever owns [the] soil, [it] is his all the way [up] to Heaven
ad coelum to the sky
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 or task, non-

ad hoc for this
generalizable, and not intended to be able to be adapted to other purposes.
ad hominem at the person Attacking an opponent's character rather than answering his argument.
ad idem to the same thing In agreement.
ad infinitum to infinity To continue forever.
Describes a party designated to represent another party who is deemed incapable

ad litem for the case
of representing him/herself (e.g. a child or incapacitated adult).
according to the Used in tort law. Implies that the reward or penalty ought to correspond to the
ad quod damnum
harm damage suffered or inflicted.
ad valorem according to value
adjournment sine adjournment

When an assembly adjourns without setting a date for its next meeting.
die without a day
affidavit he has sworn A formal statement of fact.
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alter ego another I A second identity living within a person.
amicus curiae friend of the court A person who offers information to a court regarding a case before it.
The subjective state of mind of the author of a crime, with reference to the exact
animus nocendi intention to harm
knowledge of illegal content of his behaviour, and of its possible consequences.
animus intention to "In order to claim possessory rights, an individual must establish physical control
possidendi possess of the res and the intention to possess (i.e. animus possidendi)"[2]
animus "Wild animals, such as bees and homing pigeons, that by habit go 'home' to their
intention to return
revertendi possessor. Used when discussing feraenaturae."[2]
ante before
for the sake of

arguendo
argument
Audi hear the other Refers to the idea that one cannot be fairly judged unless the cases for and
alterampartem side against them have been heard.
bona fide in good faith. Implies sincere good intention regardless of outcome.
bona vacantia ownerless goods
Indicates that a settlement to a dispute or issue has been reached, and the issue
Caditquaestio The question falls
is now resolved.
Casus belli Case of war The justification for acts of war.
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When H.M.S. Bounty was destroyed by Hurricane Sandy, October 29, 2012, Casus
casus fortuitus fortuitous event Fortuitus would describe the H.M.S. Bounty being at the wrong place when
Hurricane Sandy came up the coast.HMS Bounty Sinks
Caveat May he beware When used by itself, refers to a qualification, or warning.
In addition to the general warning, also refers to a legal doctrine wherein a buyer
Let the buyer
Caveat emptor could not get relief from a seller for defects present on property which rendered it
beware
unfit for use.
Certiorari To be apprised A type of writ seeking judicial review.
With other things

Ceteris paribus More commonly rendered in English as "All other things being equal."
the same
Nobody suffers
cogitationispoen
punishment for
amnemopatitur
mere intent
compensatiomor
Balance of delay Delay in payment or performance on the part of both the debtor and the creditor
ae
Having command Of sound mind. Also used in the negative "Non compos mentis", meaning "Not of
compos mentis
of mind sound mind".
A condition
Condicio sine qua
without which it An indispensable and essential action, condition, or ingredient.
non
could not be
consensus ad Agreement to the Parties must be of one mind and their promises must relate to the subject or
idem same object[3]
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consensus Consensus makes Stipulates that when two or more persons arrive at a good faith agreement, the
facitlegem the law law will insist on that agreement being carried out.
consuetudo pro Custom is held as Where no laws apply to a given situation, the customs of the place and time will
legeservatur law have the force of law.
Used in case citations to indicate that the cited source directly contradicts the
contra Against
point being made.
contra bonos Against good

Contracts so made are generally illegal and unenforceable.
mores morals
Used when a court or tribunal hands down a decision that is contrary to the laws
contra legem Against the law
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

contra Against the one interpreted against the interests of the 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.
Before one who is Refers to a legal proceeding without a judge, or with a judge who does not have
coram non judice
not a judge proper jurisdiction.
A person cannot be convicted of a crime, unless it can be proven that the crime
corpus delicti Body of the crime
was even committed.
corpus juris Body of law The complete collection of laws of a particular jurisdiction or court.
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The complete collection of civil laws of a particular jurisdiction or court. Also

corpus juriscivilis Body of civil law
sometimes used to refer to the Code of Justinian.
corpus Body of the law of

The complete collection of international law.
jurisgentium nations
corpus
An encyclopedia of US law drawn from US Federal and State court decisions.
jurissecundum
crimenfalsi Crime of falsifying Forgery.
Suggests that the perpetrator(s) of a crime can often be found by investigating

As a benefit to
cui bono those who would have benefited financially from the crime, even if it is not
whom?
immediately obvious.
For whoever owns

cuiusestsolumeiu
the soil, it is theirs Used in reference to the rights of property owners to the air above, and land
sestusqueadcoel
up to Heaven and below, their property.
um et ad inferos
down to Hell
de Carrying goods Specifies that larceny was taking place in addition to any other crime named. E.g.
bonisasportatis away "trespass de bonisasportatis".
debellatio Warring down Complete annihilation of a warring party, 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 bonis non administratis" will then be
administratis administered
appointed to dispose of these goods.
Generally refers to a type of labor in which the worker is paid fully at the
de die in diem From day to day
completion of each day's work.
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Literally "from fact"; often used to mean something that is true in practice, but
de facto In fact has not been officially instituted or endorsed. "For all intents and purposes".
Cf. de jure.
Concerning the
de futuro At a future date.
future
Concerning the
de integro Often used to mean "start it all over", in the context of "repeat de integro".
whole
Literally "from law"; something that is established in law, whether or not it is true
de jure According to law
in general practice. Cf. de facto.
Of the law as it
de legeferenda Used in the context of "how the law should be", such as for proposed legislation.
should be
de legelata Of the law as it is Concerning the law as it exists, without consideration of how things should be.
That which has

delegatus non been delegated,
potestdelegare cannot delegate
[further]
About the
de minimis Various legal areas concerning small amounts or small degrees.
smallest things
The law does not

de minimis non concern itself with There must be a minimal level of substance or impact in order to bring a legal
curatlex the smallest action.
[things]
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Of the dead,
de mortuis nil Social convention that it is inappropriate to speak ill of the recently deceased,
[speak] nothing
nisi bonum even if they were an enemy.
unless good
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.
Cutting off with a

defalcation Misappropriation of funds by one entrusted with them.
sickle
The gods take

deoruminjuriaedi
care of injuries to Blasphemy is a crime against the State, rather than against God.
iscurae
the gods
A statement given some weight or consideration due to the respect given the
dictum (thing) said
person making it.
Presumption that young children or persons with diminished mental capacity

doliincapax Incapable of guilt
cannot form the intent to commit a crime.
dolusspecialis Specific deceit Heavily used in the context of genocide in international law.
"The donor, contemplating imminent death, declares words of present gifting and
donatio mortis Gift caused by delivers the gift to the donee or someone who clearly takes possession on behalf
causa death of the donee. The gift becomes effective at death but remains revocable until that
time."[2]
dramatis Persons of the

personae drama
Often spoken as "to give the benefit of the doubt."

dubia in Doubtful things
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meliorempartemi should be
nterpretarideben interpreted in the
t best way
ducestecum Bring with you A "subpoena ducestecum" is a summons to produce physical evidence for a trial.
eiincumbitprobat Proof lies on him

The concept that one is innocent until proven guilty.
io qui dicit who asserts.
Known as a "canon of construction", it states that when a limited list of specific

ejusdem generis Of the same class. things also includes a more general 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.
ergaomnes Towards all. Refers to rights or obligations that are owed towards all.
ergo Therefore
Having been
erratum
made in error.
et al. And others Abbreviation of et alii, meaning "and others".
et cetera And other things. Generally used in the sense of "and so forth".
And the following Abbreviation of et sequens, meaning "and the following ones". Used in citations
et seq.
things to indicate that the cited portion extends to the pages following the cited page.
et uxor And wife. Usually used instead of naming a man's wife as a party in a case.
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et vir And husband. Usually used instead of naming a woman's husband as a party in a case.
Usually defined as "what is right and good." Used to describe the power of a
Of equity and judge or arbiter to consider only what is fair and good for the specific case, and
ex aequo et bono
[the] good. not necessarily what the law may require. In courts, usually only done if all
parties agree.
Essentially meaning "before the event", usually used when forecasting future
ex ante Of before.
events.
ex cathedra From the chair Where chair refers to authority or position. Authority derived from one's position.
From what has

ex concessis been conceded Often used in a "guilt by association" context.
already
From a
ex delicto The consequence of a crime or tort.
transgression
If a contract is blatantly and obviously incorrect or illegal, it can be considered

ex facie On the face
void ex facie without any further analysis or arguments.
Good business
ex fida bona
norms
Something done voluntarily and with no expectation a legal liability arising

ex gratia By favor
therefrom.
Law does not

ex injuria jus non
arise from A principle in international law that unjust acts cannot create laws.
oritur
injustice
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ex officio From the office Something done or realized by the fact of holding an office or position.
From [for] one A decision reached, or case brought, by or for one party without the other party
ex parte
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 a past act illegal that was not illegal
ex post facto law
when it was done.
The express
expressiouniuses mention of one When items are listed, anything not explicitly stated is assumed to not be
texclusioalterius thing excludes all included.
others
By [one's] own
ex propriomotu Commonly spoken as "by one's own accord."
motion
[arising] out of
Abbreviation of ex relatione. Used when the government brings a case that arises
ex rel the narration [of
from the information conveyed to it by a third party ("relator").
the relator]
From a
ex turpicausa dishonorable
A party cannot bring a legal action for consequences of his own illegal act.
non orituractio cause an action
does not arise
exempli gratia Usually abbreviated "e.g.".

For the sake of
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example
Term used in contract law to specify terms that are voided or confirmed in effect
ex tunc From then
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
ex nunc From now on
only in the future and not prior to the contract, or its adjudication. C.f. ex tunc.
Refers to things that are currently existing at a given point, rather than things
extant Existing
that are no longer so.
1. an assured statement made; 2. completion of a will and all its parts to make it
factum Deed
valid and legal; 3). book of facts and law presented in a Canadian court
I do, that you A type of contract wherein one party agrees to do work for the other, in order
facioutfacias
may do that the second party can then perform some work for the first in exchange.
Favor of the A concept in treaty law that prefers the maintaining of a contract over letting it
favor contractus
contract expire for purely procedural reasons.
A suicide. This archaic term stems from English common law, where suicide was
felo de se Felon of himself legally a felony, thus a person who committed suicide was treated as a felon for
purposes of estate disposal.
Wild animals of Wild animals residing on unowned property do not belong to any party in a
feraenaturae
nature dispute on the land.
fiat Let it be done A warrant issued by a judge for some legal proceedings.
Fiat justitia et
Let there be Often used as a motto, notably by Ferdinand I, Holy Roman Emperor.
pereat mundus
justice, though
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the world perish.
fiat Let justice be

Also sometimes a motto, a legal maxim that justice must be done regardless of
justitiaruatcaelu done though the
the result otherwise.
m heavens fall.
May you cause to A writ ordering the local law enforcement to ensure that damages awarded by the
fierifacias
be done court are properly recovered. A writ of execution.
fortisattachiame strong
ntum, attachment, the When determining whether a chattel is a fixture: "size doesn't matter, how much
validiorpraesump stronger or degree chattel is attached to 'land' and to 'what' "
tionem presumption
forum non Disagreeable A concept wherein a court refuses to hear a particular matter, citing a more
conveniens forum appropriate forum for the issue to be decided.
vegetation,like
fructusindustriale In property law, a co-owner profting from her or his fructusindustriales is solely
crops, that grows
s responsible for any losses that my occur.[2]
by human efforts
Smoke of a good
fumusboniiuris Refers to having a sufficient legal basis to bring legal action.
right
Having performed A person, court, statute, or legal document that has no legal authority, because
functus officio
his office its original legal purpose has been fulfilled.
The general does

generaliaspeciali Specifies that a certain matter of law be covered by the most specific laws
not detract from
bus non derogant pertaining, in the event that broader laws conflict with the specific one.
the specific.
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Things weighing
gravamen The basic element or complaint of a lawsuit.
down
An independent party appointed in family law disputes to represent parties that

Guardian for the
guardian ad litem cannot represent themselves, such as minors, developmentally disabled, or
case.
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 brought before the court where the
body
detention will be investigated.
hostishumani Enemy of the

A party considered to be the enemy of all nations, such as maritime pirates.
generis human race
Abbreviation of id est, meaning "that is", in the sense of restating something that
i.e. That is
may not have been clear.
Abbreviation of ibidem, meaning "in the same place. Used when citing sources, to
ibid. In the same place
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 the
idem The same
preceding one, though not necessarily the same page or location. C.f. ibid.
Ignorance of the
ignorantiajuris A principle that states that not having knowledge of a law is not an excuse for
law does not
non excusat breaking it.
excuse
An authorization for a document to be printed. Used in the context of approval by

imprimatur Let it be printed.
a religious body or other censoring authority.
in absentia In absence
A legal proceeding conducted without the presence of one party is said to be
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conducted in absentia, e.g., trial in absentia or being sentenced in absentia.
at the moment of Often used in probate law, as well as for testimony in the sense of a dying
In articulo mortis
death declaration.
in camera In the chamber Conducted in private, or in secret. The opposite of in open court.
in curia In court Conducted in open court. The opposite of in camera.
in esse In existence Actually existing in reality. Opposite of in posse.
In extended form, or at full length. Often used to refer to publication of

in extenso In the extended
documents, where it means the full unabridged document is published.
in extremis In the extreme In extreme circumstances. Often 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
in flagrante
In blazing offense couple caught in the act ofsexual intercourse, though it technically refers to being
delicto
"caught in the act" of any misdeed.
Someone unable to afford the costs associated with a legal proceeding. As this
In the manner of will not be a barrier to seeking justice, such persons are given in forma
in forma pauperis
a pauper pauperis status (usually abbreviated IFP), wherein most costs are waived or
substantially reduced.
in futuro In the future Refers to things to come, or things that may occur later but are not so now.
Used when including text in a complaint verbatim, where its appearance in that
in haecverba In these words
form is germane to the case, or is required to be included.
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A motion to a judge in a case that is heard and considered outside the presence
in limine At the threshold
of the jury.
Used to refer to a person or entity assuming the normal parental responsibilities

In the place of a for a minor. This can be used in transfers of legal guardianship, or in the case of
in loco parentis
parent 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 committed in the past. Also
in mitius In the milder
known as an amnesty law.
Used to mean "in every respect." Something applying to every aspect of a

in omnibus In all
situation.
in pari delicto In equal offense Used when both parties to a case are equally at fault.
In the same Refers to a situation where a law or statute may be ambiguous, and similar laws
in parimateria
matter 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. C.f. in rem.
in pleno In full
On one's own One who represents themselves in court without the [official] assistance of an
in prope persona
person attorney.
in propria In one's own Alternate form of in prope persona. One who represents themselves in court
persona proper person without the [official] assistance of an attorney.
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Used in the title of a decision or comment to identify the matter they are related
in re In the matter [of]
to.
Used in the context of a case against property, as opposed to a particular person.

in rem About a thing
See also in rem jurisdiction. C.f. in personam.
Often used in the context of decisions or rulings about a property or thing "left in
in situ In position
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,
in solidum For the whole the debtor can sue a single party in solidum, that is, to recover the entire amount
owed.
In order to A warning or threat to sue, made in the hopes of convincing the other party to
in terrorem
frighten take action to avoid a lawsuit.
in terrorem Clause "in order A clause in a will that threatens any party who contests the will with being
clause to frighten" disinherited. Also called a no-contest clause.
in toto In total
Often used in copyright notices. Refers to distinctive markings that identify a

indicia Indications
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.
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Used to indicate an item cited has been pulled from a larger or more complete
inter alia Among others
list.
inter armaenim For among arms, A concept that during war, many illegal activities occur. Also taken to mean that
silent leges the laws fall silent in times of war, laws are suppressed, ostensibly for the good of the country.
Refers to contract, debts, or other agreements made between parties who are not
inter rusticos Among rustics
legal professionals.
Amongst Refers to obligations between members of the same group or party, differentiated
inter se
themselves from the whole party's obligations to another party.
Refers to a gift or other non-sale transfer between living parties. This is in

inter vivos Between the living
contrast to a will, where the transfer takes effect upon one party's death.
intra Within
Within the jaws of

intra fauces terra This term refers to a nation's territorial waters.
the land
intra legem Within the law Used in various contexts to refer to the legal foundation for a thing.
Something done which requires legal authority, and the act is performed
intra vires Within the powers
accordingly. C.f.ultra vires.
An assertion given undue weight solely by virtue of the person making the
ipse dixit He himself said it
assertion.
ipsissimaverba The very words Referring to a document or ruling that is being quoted by another.
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Used in the context that one event is a direct and immediate consequence of
ipso facto By the fact itself
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 that the judge does not tally up
iudex non The judge does
the arguments of both sides and decide in favor of the more numerous, but
calculat not calculate
rather weighs all of the evidence without regard to the number of arguments
made.
The court knows Concept that parties to a case do not need to define how the law applies to their
juranovit curia
the law 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
jurat (He) swears
the oath, and the information on whom the oath was sworn before is placed.
Of law, and from Incontrovertible and fundamental presumptions of law. One cannot argue against,
juris et de jure
law 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 a
Right of
jus accrescendri sole tenant. The only way to defeat the right of survivorship is to sever the joint
survivorship
tenancy during the lifetime of the parties, jus accrescendi takes priority over a will
or interstate accession rules.[2]
Refers to legalities considered before entering into a war, to ensure it is legal to

jus ad bellum Laws to war go to war initially. Not to be confused with ius in bello (q.v.), the "laws of war"
concerning how war is carried out.
jus civile Civil law A codified set of laws concerning citizenry, and how the laws apply to them.
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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 facets of civil
jus commune Common law
law that underlie all aspects of the law.
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.
jus in bello Law in war Laws governing the conduct of parties in war.
Law between the

jus inter gentes Laws governing treaties and international agreements.
peoples
Laws common to all people, that the average person would find reasonable,
jus naturale Natural law
regardless of their nationality.
Right of the first Supposed right of the lord of an estate to take the virginity of women in his
jus primaenoctis
night estate on their wedding night.
Social law concept wherein citizenship of a nation is determined by having one or

jus sanguinis Right of blood
both parents being citizens.
jus soli Right of soil Social law concept wherein citizenship of a nation is determined by place of birth.
Arguments made by a third party in disputes over possession, the intent of which
jus tertii Law of the third is to question one of the principal parties' claims of ownership or rights to
ownership.
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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.
legeshumanaena The laws of man

Illustrates that laws are made, are in force for a period, and then become
scuntur, vivunt, are born, live, and
obsolete.
moriuntur die
Alternate form of jus commune. Refers to common facets of civil law that underlie
lexcommunis Common law.
all aspects of the law.
lexlata The law borne The law as it has been enacted
The law of the The law of the country, state, or locality where the matter under litigation took
lex loci
place place. Usually used in contract law, to determine which laws govern the contract.
lex posterior Later law removes

More recent law overrules older ones on the same matter.
derogat priori the earlier
The law does not

A law cannot make something illegal that was legal at the time it was performed.
lex retro non agit operate
See ex post facto law.
retroactively
Law that specifically codifies something, as opposed to common law or customary

lexscripta Written law
law.
Specific law takes

lexspecialisderog Where several laws apply to the same situation, the more specific one(s) take
away from the
atlegigenerali precedence over more general ones.
general law
An aspect of a unanimous voting system, whereby any member can end

liberum veto Free veto
discussion on a proposed law.
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A language common to an area that is spoken by all, even if not their mother
The Frankish
lingua franca tongue. Term derives from thename given to a common language used by traders
language
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 judgements, this request will not be
pending
granted.
lispendens Suit pending Often used in the context of public announcements of legal proceedings to come.
locus Place
locus delicti Place of the crime Shorthand version of Lex locus delcticommissi. The "scene of the crime".
The place in
locus in quo The location where a cause of action arose.
which
locus Place of
When one party withdraws from a contract before all parties are bound.
poenitentiae repentance
locus standi Place of standing The right of a party to appear and be heard before a court.
mala fide (In) bad faith A condition of being fraudulent or deceptive in act or belief.
evil acts are

distinguished from
maleficiaproposit (evil) evil acts are distinguished from evil purposes[4] crimes are distinguished by the
isdistinguuntur purposes/crimes intention[5]
are distinguished
by evil intent
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Something considered a universal wrong or evil, regardless of the system of laws

malum in se Wrong in itself
in effect.
malumprohibitu Something wrong or illegal by virtue of it being expressly prohibited, that might
Prohibited wrong
m 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 duty. Often used in the context of legal
oversight of government agencies.
A body of water under the jurisdiction of a state or nation, to which access is not
mare clausum Closed sea
permitted, or is tightly regulated.
A body of water open to all. Typically a synonym for International Waters, or in

mare liberum Open sea
other legal parlance, the "High Seas".
One of the requirements for a crime to be committed, the other being actusreus,
mensrea Guilty mind the guilt act. This essentially is the basis for the notion that those without
sufficient mental capability cannot be judged guilty of a crime.
Manner of A person's particular way of doing things. Used when using behavioral
modus operandi
operation analysis while investigating a crime. Often abbreviated "M.O."
moraaccipiendi Delay of creditor Delay in payment or performance in the part of the creditor or obligor
morasolvendi delay of debtor Delay in payment or performance in the part of the debtor or the obligee
mortis causa Caused by death Donation that is made in contemplation of death
mos pro lege Custom for law That which is the usual custom has the force of law.
Page 23 of 36
Motion at the Motions offered at the start of a trial, often to suppress or pre-allow certain
motion in limine
start evidence or testimony.
Having changed
A caution to a reader when using one example to illustrate a related but slightly
[the things that]
mutatis mutandis different situation. The caution is that the reader must adapt the example to
needed to be
change what is needed for it to apply to the new situation.
changed
Shortened version of ne exeatrepiblica: "let him not exit the republic". A writ to
Let him not exit
ne exeat prevent one party to a dispute from leaving (or being taken) from the court's
[the republic]
jurisdiction.
Not twice in the Prohibition against double jeopardy. A legal action cannot be brought twice for
ne bis in idem
same the same act or offense.
management of Obligation arising from good works affecting other people, obliging the creditor to
negotoriumgestio
estate pay for the reimbursement of the cost that was used in doing good works
no one can be
nemoauditurprop
heard, who
riamturpitudinem Nobody can bring a case that stems from their own illegal act
invokes his own
allegans
guilt
nemodat quod no one gives what If someone purchases something that the seller has no right to (such as stolen
non habet he does not have property), the purchaser will likewise have no legal claim to the thing bought.
no one shall be a
nemodebetesseiu In the past it was thought that it included just two rules namely (1)
judge in his own
dex in propria nemodebetessejudex in propriacausa (no one shall be a judge in his own case)
case
nemojudex in Prevents conflict of interest in courts. Often invoked when there is really no
no one shall be a
suacausa conflict, but when there is even the appearance of one.
judge in his own
Page 24 of 36
case
nemo plus no one can

iurisadaliumtrans transfer a greater A purchaser of stolen goods will not become the rightful owner thereof, since the
ferrepotest quam right than he seller himself was not the owner to begin with.
ipse habet himself has
A judgement rendered in the absence of a plea, or in the event one party refuses
nihildicit he says nothing
to cooperate in the proceedings.
A decree that does not enter into force unless some other specified condition is
nisi unless
met.
nisi prius unless first Refers to the court of original jurisdiction in a given matter.
A statement from the prosecution that they are voluntarily discontinuing (or will
nolleprosequi Not to prosecute
not initiate) prosecution of a matter.
I do not wish to A type of plea whereby the defendant neither admits nor denies the charge.
nolo contendere
dispute Commonly interpreted as "No contest."
non Of a non- In the case where a contract imposes specific obligations on both parties, one
adimpleticontract completed side cannot sue the other for failure to meet their obligations, if the plaintiff has
us contract not themselves met their own.
non compos not in possession

not having mental capacity to perform some legal act
mentis of [one's] mind
Refers to information given by one who is not supposed to give testimony, such
non constat it is not certain as an attorney bringing up new information that did not come from a witness.
Such information is typically nullified.
Page 25 of 36
A method whereby a signatory to a contract can invalidate it by showing that his

It is not [my]
non est factum signature to the contract was made unintentionally or without full understanding
deed
of the implications.
Reported by a sheriff on writ when the defendant cannot be found in his county
non estinventus He is not found
or jurisdiction.
Performing some illegal action is not excused by the fact that a positive result
non faciatmalum,
not to do evil that came therefrom. Often used to argue that some forms of expression, such as
utindeveniatbonu
good may come graffiti or pornographic films, cannot be given the protection of law (e.g.
m
copyright) as they are or may be 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.
non obstante notwithstanding A circumstance where the judge may override the jury verdict and reverse or
verdicto the verdict modify the decision.
novusactusinterv a new action a break in causation (and therefore probably liability) because something else has
eniens coming between happened to remove the causal link
it is known by An ambiguous word or term can be clarified by considering the whole context in
noscitur a sociis
friends which it is used, without having to define the term itself.
A term used to direct the reader to cautionary or qualifying statements for the
nota bene note well
main text.
An unenforceable promise, due to the absence of consideration or value

nudumpactum naked promise
exchanged for the promise.
nulla bona no goods

Notation made when a defendant has no tangible property available to be seized
Page 26 of 36
in order to comply with a judgement.
nullapoena sine no penalty

One cannot be prosecuted for doing something that is not prohibited by law.
lege without a law
nullumcrimen, no crime, no
One cannot be prosecuted for doing something that was not prohibited by law at
nullapoena sine punishment
the time and place it was committed, notwithstanding laws made since that time.
praevialegepoena without a previous
A form of prohibition on retroactive laws.
li penal law
nunc pro tunc now for then An action by a court to correct a previous procedural or clerical error.
in law, an observation by a judge on some point of law not directly relevant to

a thing said in the case before him, and thus neither requiring his decision nor serving as a
obiter dictum
passing precedent, but nevertheless of persuasive authority. In general, any comment,
remark or observation made in passing
pactasuntservan agreements must

A fundamental principle of law
da be kept
par delictum equal fault Used when both parties to a dispute are at fault
parent of the Refers to the power of the State to act as parent to a child when the legal parents
parenspatriae
nation are unable or unwilling.
father of the The head of household, for purposes of considering the rights and responsibilities
pater familias
family thereof.
while the litigation Court orders used to provide relief until the final judgement is rendered.
pendente lite
is pending Commonly used in divorceproceedings.
Page 27 of 36
per capita by head dividing money up strictly and equally 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

per curiam through the court the decision is said to be authored by the court itself, instead of situations where
those individual judges supporting the decision are named.
per incuriam by their neglect A judgement given without reference to precedent.
per minas through threats Used as a defense, when illegal acts were performed under duress
Used in legal documents in the same sense as "whereby". A per quod statement
per quod by which is typically used to show that specific acts had consequences which form the basis
for the legal action.
per se by itself Something that is, as a matter of law.
An estate of a decedent is distributed per stirpes, if each branch of the family is

per stirpes by branch
to receive an equal share of an estate.
periculum in A condition given to support requests for urgent action, such as a protective order
danger in delay
mora or restraining order.
A person who is officially considered unwelcome by a host country in which they

persona non unwelcome
are residing in a diplomatic capacity. The person is typically expelled to their
grata person
home country.
power of the A body of armed citizens pressed into service by legal authority, to keep the
posse comitatus
county peace or pursue a fugitive.
Page 28 of 36
post mortem after death Refers to an autopsy, or as a qualification as to when some event occurred.
post mortem after the author's Used in reference to intellectual property rights, which usually are based around
auctoris death the author's lifetime.
praetor magistrate of
The Roman Praetor (magistrate) responsible for matters involving non-Romans.
peregrinus foreigners
A matter that appears to be sufficiently based in the evidence as to be considered

prima facie at first face
true.
prior tempore earlier in time, A legal principle that older laws take precedent over newer ones. Another name
potioriure stronger in law for this principle is lex posterior.
prius quam
before you hear,
exaudias ne
do not judge
iudices
probatiovincitpra proof overcomes

esumptionem presumption
pro bono For good Professional work done for free.
For the public

pro bono publico /ˈproʊ ˈboʊnoʊ ˈpʌblɨkoʊ/
good
as a matter of
pro forma Things done as formalities.
form
pro hac vice for this turn

Refers to a lawyer who is allowed to participate (only) in a specific case, despite
Page 29 of 36
being in a jurisdiction in which he has not been generally admitted
Abbreviation of
propria persona,
pro per Representing oneself, without counsel. Also known as pro se representation.
meaning "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 month's rent based
pro rata from the rate
on having lived there less than a full month. The amount charged would be
proportional to the time occupied.
pro se for himself Representing oneself, without counsel. Also known as pro per representation.
pro tanto for so much A partial payment of an award or claim, based on the defendant's ability to pay.
Abbreviation
of pro tempore,
pro tem Something, such as an office held, that is temporary.
meaning "for the
time being"
pro tempore for the time being Something, such as an office held, that is temporary.
Refers to one reperesenting themselves without the services of a lawyer. Also

propria persona proper person
known as pro per representation.
proutpatet per as appears in the

Used to cite something that has already been admitted into the record.
recordum record
qua which; as In the capacity of
Page 30 of 36
The question is raised. Used to declare that a question is being asked in the
quareitur it is sought
following verbiage.
Used in legal drafts to call attention to some uncertainty or inconsistency in the

quaere query
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
deserves; as
quantum meruit
much as she or he In contract law, and in particular the requirement for consideration, if no fixed
[3]
has earned 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, i.e. a remedy to compute reasonable damages when a

contract has been breached—the implied promise of payment of a reasonable
price for goods.
quantum as much as they In contract law, for requirements of consideration, reasonable worth for goods
valebant were worth 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 to be obsolete.
quasi as if Resembling or being similar to something, without actually being that thing.
who acts through

qui facit per One who delegates a task to another, takes full responsibility for the performance
another, acts
aliumfacit per se of that act as if he himself had done it. Basis for the law of agency
himself
Abbreviation
of qui tam pro
In a qui tam action, one who assists the prosecution of a case is entitled to a
qui tam domino rege
proportion of any fines or penalties assessed.
quam pro se ipso
in hac parte
Page 31 of 36
sequitur, meaning
"who pursues in
this action as
much for the king
as himself".
An equal exchange of goods or services, or of money (or other consideration of

quid pro quo this for that
equal value) for some goods or services.
quo ante as before Returning to a specific state of affairs which preceded some defined action.
A request made to someone exercising some power, to show by what legal right
quo warranto by what warrant?
they are exercising that power. A type of writ.
Used to mean "with respect to" some named thing, such as when stating what
quoad hoc as to this
the law is in regards to that named thing.
quod
What is necessary
estnecessariume
is lawful
stlicitum
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.
Reason for the The point in a legal proceeding, or the legal precedent so involved, which led to
ratio decidendi
decision the final decision being what it was.
ratio scripta written reason The popular opinion of Roman law, held by those in the Medieval period.
by reason of the "Certain rights may arise by virtue of ownership of the soil upon which wild
rationae soli
soil animals are found."[2]
rebus sic things thus A qualification in a treaty or contract, that allows for nullification in the event
stantibus standing fundamental circumstances change.
reddendosingulas referring solely to The canon of construction that in a list of items containing a qualifying phrase at
ingulis the last the end, the qualifier refers only to the last item in the list.
thing, matter,
res
issue, affair
Property constructs like airspace and water rights are said to be res communis -
that is, a thing common to all, and that could not be the subject of 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.[2]
Page 32 of 36
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.
the thing speaks used in tort law when there is no proof of what caused the harm, but it is most
res ipsa loquitur
for itself likely only the thing that could have caused the harm
A matter that has been finally adjudicated, meaning no further appeals or legal
res judicata a matter judged
actions by the involved parties is now possible.
Ownerless property or goods. Such property or goods are able and subject to
res nullius nobody's thing
being owned by anybody.
res publica public affair All things subject to concern by the citizenry. The root of the word republic.
res Christian public

All things of concern to the worldwide body of Christianity
publicachristiana affair
respondeat let the master A concept that the master (e.g. employer) is responsible for the actions of his
superior answer subordinates (e.g. employees).
(1) Restoration of something, such as a building or damaged property, to its

restitutio in total original condition.
integrum reinstatement (2) In contract law, when considering breach of contract and remedies, to restore
a party to an original position.[3]
rex non The king can do

Used to describe the basis for sovereign immunity
potestpeccare no wrong
The good of the

saluspopulisupre Used variously as a motto, a reminder, or a notion of how the law and
people shall be
malexesto governments in general should be.
the supreme law
scandalummagna scandal of the

Defamation against a peer in British law. Now repealed as a specific offense.
tum magnates
Used when offenses or torts were committed with the full awareness of the one
scienter knowingly
so committing.
A writ, directing local officials to officially inform a party of official proceedings

scirefacias let them know
concerning them.
I have made The official response of the official serving a writ of scirefacias, informing the
scirefeci
known court that the writ has been properly delivered.
The act of defending one's own person or property, or the well-being or property
se defendendo self-defense
of another.
seriatim in series Describes the process in which the court hears assorted matters in a specific
Page 33 of 36
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.
use your property

sic While an individual is entitled to the use and enjoyment of one's estate, the right
so as not to injure
uteretuoutalienu is not without limits. Restrictions can give rise to tort actions include trespass,
that of your
m non laedas negligence, strict liability, and nuisance.[2]
neighbours
Used when the court is adjourning without specifying a date to re-convene. See
sine die without day
also adjournment sine die.
without which, Refers to some essential event or action, without which there can be no specified
sine qua non
nothing consequence.
Used to refer to laws specific to the location where specific property exists, or
situs the place
where an offense or tort was committed.
Obligation arising from undue payment, obliging the debtor to return the undue
solutioindebiti Solution for undue
payment.
To stand by
stare decisis The obligation of a judge to stand by a prior precedent.
[things] decided.
In contract law, in a case of innocent representation, the injured party is entitled

status quo
to be replaced in statu quo. Note the common usage is status quo from the Latin
status quo ante the state in which
status quo ante, the "state in which before" or "the state of affairs that existed
statu quo
previously."[3]
1) In property law, condominiums has said to occupy stratum many stories about
a covering, from
the ground.[2]
neuter past
2) Stratum can also be a societial level made up of individuals with similar status
stratum participle of
of social, cultural or economic nature.
sternere, to
3) Stratum can refer to classification in an organized system along the lines of
spread
layers, levels, divisions, or similar grouping.
Some action taken by the court or another official body, without the prompting of
suasponte of its own accord
another party.
sub judice under the judge Refers to a matter currently being considered by the court.
subject to Term in contract law that allows limited modifications to a contract after the
sub modo
modification original form has been agreed to by all parties.
Abbreviated sub nom.; used in case citations to indicate that the official name of
sub nomine under the name a case changed during the proceedings, usually after appeal (e.g., rev'd sub
nom. and aff'd sub nom.)
sub silentio under silence A ruling, order, or other court action made without specifically stating the ruling,
Page 34 of 36
order, or 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 other action,

subpoena under penalty
under penalty for failure to do so.
subpoena ad Under penalty to

An order compelling an entity to give oral testimony in a legal matter.
testificandum be witnessed
subpoena bring with you An order compelling an entity to produce physical evidence or witness in a legal
ducestecum under penalty matter.
suggestiofalsi false suggestion A false statement made in the negotiation of a contract.
of its own
sui generis Something that is unique amongst a group.
kind/genus
sui juris of his own right Refers to one legally competent to manage his own affairs. Also spelled sui iuris.
Refers to a court or other official agency taking some action on its own accord.
suomotu of its own motion
Similar tosuasponte.
A bond tendered by an appellant as surety to the court, requesting a delay of

supersedeas refrain from
payment for awards or damages granted, pending the outcome of the appeal.
Willful concealment of the truth when bound to reveal it, such as withholding
suppression of the
suppressioveri details of damage from an auto accident from a prospective buyer of the car in
truth
that accident.
supra above Used in citations to refer to a previously cited source.
Land that has never been part of a sovereign state, or land which a sovereign
terra nullius no one's land
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.
three-knotted Refers to a threefold tax levied on Anglo-Saxon citizens to cover roads, buildings,
trinodanecessitas
need and the military.
most abundant Concept in contract law specifying that all parties must act with the utmost good
uberrima fides
faith faith.
no one is Specifies that one should do what he can to support the community, but since
ultra posse
obligated (to do) everyone has different levels of ability, it cannot be expected that all will perform
nemoobligatur
more than he can the same.
beyond the An act that requires legal authority to perform, but which is done without
ultra vires
powers obtaining that authority.
Page 35 of 36
Used to criticize inconsistencies in speech or testimony, as in: one says one thing,
unoflatu in one breath
and in the same breath, says another contradictory thing.
Ancient concept regarding conflicts, wherein all property possessed by the parties
utipossidetis as you possess at the conclusion of the conflict shall remain owned by those parties unless
treaties to the contrary are enacted.
uxor wife Used in documents in place of the wife's name. Usually abbreviated et ux.
Used when considering whether some event or situation is either present or it is

vel non or not
not.
The power of an executive to prevent an action, especially the enactment

veto I forbid.
of legislation.
the other way

vice versa Something that is the same either way.
around
vide see Used in citations to refer the reader to another location.
Contraction
of videre licet,
videlicet Used in documents to mean "namely" or "that is". Usually abbreviated viz.
meaning "it is
permitted to see"
the chains of the

vinculum juris Something which is legally binding.
law
Events over which no humans have control, and so cannot be held responsible.
greater or
vis major An "Act of God". In law, the more common term is the French phrase 'Force
superior force
majeure'. See also casus fortuitus (chance occurrence).
Abbreviation
viz. Namely
of videlicet
Notion that a person cannot bring a claim against another for injury, if said
volenti non fit injury is not done
person willingly placed themselves in a situation where they knew injury could
injuria to the willing
result.
vigilantibus non Equity aids the Concept that if an opposing party unreasonably delays bringing an action, that it
dormientibusaeq vigilant, not the is no longer considered just to hear their claim, due to fundamental changes in
uitassubvenit sleeping circumstance brought upon by their delay.
Page 36 of 36

List of Legal Latin Terms: A Fortiori

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List of Legal Latin Terms: A Fortiori

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LIST OF LEGAL LATIN TERMS

An a fortiori argument is an "argument from a stronger reason", meaning that

from table and

a posteriori from later An argument derived from subsequent event

a priori from earlier An argument derived from previous event

Regarding a court of first instance, or the decision/s of a previous court, known

"Presenting the negative portion of a plea when pleading at common by way a

Actoriincumbitpr On the plaintiff

Abbreviated from Cuiusestsolumeiusestusqueadcoelum et ad infernos which

ad colligenda to collect the

Generally signifies a solution designed for a specific problem or task, non-

ad idem to the same thing In agreement.

ad infinitum to infinity To continue forever.

Describes a party designated to represent another party who is deemed incapable

ad valorem according to value

adjournment sine adjournment

affidavit he has sworn A formal statement of fact.

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

for the sake of

bona vacantia ownerless goods

Casus belli Case of war The justification for acts of war.

Caveat May he beware When used by itself, refers to a qualification, or warning.

Certiorari To be apprised A type of writ seeking judicial review.

With other things

contra bonos Against good

Used in contract law to stipulate that an ambiguous term in a contract shall be

The complete collection of civil laws of a particular jurisdiction or court. Also

corpus Body of the law of

crimenfalsi Crime of falsifying Forgery.

Suggests that the perpetrator(s) of a crime can often be found by investigating

For whoever owns

That which has

The law does not

Cutting off with a

The gods take

Presumption that young children or persons with diminished mental capacity

dramatis Persons of the

Often spoken as "to give the benefit of the doubt."

eiincumbitprobat Proof lies on him

Known as a "canon of construction", it states that when a limited list of specific

eo nomine By that name.

et al. And others Abbreviation of et alii, meaning "and others".

From what has

If a contract is blatantly and obviously incorrect or illegal, it can be considered

Something done voluntarily and with no expectation a legal liability arising

Law does not

ex post From after Based on knowledge of the past.

From a thing done

exempli gratia Usually abbreviated "e.g.".

the world perish.

fiat Let justice be

The general does

An independent party appointed in family law disputes to represent parties that

hostishumani Enemy of the

An authorization for a document to be printed. Used in the context of approval by

conducted in absentia, e.g., trial in absentia or being sentenced in absentia.

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

in esse In existence Actually existing in reality. Opposite of in posse.

In extended form, or at full length. Often used to refer to publication of

Used to refer to a person or entity assuming the normal parental responsibilities

Used to mean "in every respect." Something applying to every aspect of a

Used in the context of "directed at this particular person", refers to a judgement