Term or Literal

Definition and use

phrase translation

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

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

a mensa et from table Divorce a mensa et thoro indicates legal separation without legal
thoro and bed divorce.

a posteriori from later An argument derived from subsequent event

a priori from earlier An argument derived from previous event

Regarding a court below in an apppeal, either a court of first

a quo from which
instance or an appellate court, known as the court a quo.

Concerning a case, a person may have received some funding

ab extra from outside from a 3rd party. This fundingmay have been considered ab
extra.

"Commonly used referring to the time a contract, statute,

from the
ab initio marriage, or deed become legal. e.g The couple was covered ab
beginning
initio by her health policy."[1]

"Presenting the negative portion of a plea when pleading at

absque hoc without this
common by way a special traverse."[1]

Actori On the The burden of proof falls to the plaintiff, claimant, or petitioner
incumbit plaintiff rests according to Roman law.
probatio the proving

actus reus guilty act Part of what proves criminal liability (with mens rea)

Abbreviated from Cuius est solum eius est usque ad coelum et

ad infernos which translates to "[for] whoever owns [the] soil, [it]
ad coelum to the sky is his all the way [up] to Heaven and [down] to Hell." The
principle that the owner of a parcel of land also owns the air
above and the ground below the parcel.

ad colligenda to collect the

bona goods

Generally signifies a solution designed for a specific problem or

ad hoc for this task, non-generalizable, and not intended to be able to be
adapted to other purposes.

Attacking an opponent's character rather than answering his

ad hominem at the person
argument.

to the same
ad idem In agreement.
thing

ad infinitum to infinity To continue forever.

Describes a party designated to represent another party who is

ad litem for the case deemed incapable of representing him/herself (e.g. a child or
incapacitated adult).

ad quod according to Used in tort law. Implies that the reward or penalty ought to
damnum the harm correspond to the damage suffered or inflicted.

according to
ad valorem
value

adjournment adjournment When an assembly adjourns without setting a date for its next
sine die without a day meeting.

he has
affidavit A formal statement of fact.
sworn

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

amicus friend of the A person who offers information to a court regarding a case
curiae court before it.

animus contractual
Intention to contract
contrahendi intent

The subjective state of mind of the author of a crime, with

animus intention to
reference to the exact knowledge of illegal content of his
nocendi harm
behaviour, and of its possible consequences.

"In order to claim possessory rights, an individual must establish

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

animus intention to "Wild animals, such as bees and homing pigeons, that by habit
revertendi return go 'home' to their possessor. Used when discussing ferae
 naturae."[2]

ante before

(in) arguend for the sake

o of argument

Audi alteram hear the Refers to the idea that one cannot be fairly judged unless the
partem other side cases for and against them have been heard.

bona fide in good faith. Implies sincere good intention regardless of outcome.

bona ownerless
vacantia goods

Cadit The question Indicates that a settlement to a dispute or issue has been
quaestio falls reached, and the issue is now resolved.

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

Force majeure, specifically a man-made inevitable accident (e.g.

riots, strikes, civil war); ex: When H.M.S. Bounty was destroyed
casus fortuitous by Hurricane Sandy, October 29, 2012, casus fortuitus would
fortuitus event describe the H.M.S. Bounty being at the wrong place when
Hurricane Sandy came up the coast.HMS Bounty
Sinks Compare vis major (see below).

May he
Caveat When used by itself, refers to a qualification, or warning.
beware
 In addition to the general warning, also refers to a legal doctrine
Caveat Let the buyer
wherein a buyer could not get relief from a seller for defects
emptor beware
present on property which rendered it unfit for use.

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

With other
Ceteris More commonly rendered in English as "All other things being
things the
paribus equal."
same

Nobody
cogitationis suffers
poenam punishment
nemo patitur for mere
intent

communio Community The aggregate of marital property under a community

bonorum of property property matrimonial regime.

compensatio Balance of Delay in payment or performance on the part of both the debtor
morae delay and the creditor

Having
compos Of sound mind. Also used in the negative "Non compos mentis",
command of
mentis meaning "Not of sound mind".
mind

A condition
Condicio without
An indispensable and essential action, condition, or ingredient.
sine qua non which it
could not be
 Meeting of the minds, mutual assent, or concurrence of wills.
consensus Agreement
Parties must be of one mind and their promises must relate to
ad idem to the same
the same subject or object[3] Also consensus in idem.

Consensus Stipulates that when two or more persons arrive at a good faith
consensus
makes the agreement, the law will insist on that agreement being carried
facit legem
law out.

consuetudo
Custom is Where no laws apply to a given situation, the customs of the
pro lege
held as law place and time will have the force of law.
servatur

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 illegal and unenforceable.
mores morals

Against the Used when a court or tribunal hands down a decision that is
contra legem
law contrary to the laws of the governing state.

Contradictio Contradiction
A contradiction in terms.
in adjecto in itself

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

Against the contract shall be interpreted against the interests of the party that
contra
one bringing insisted upon the term's inclusion. Prevents the intentional
proferentem
forth additions of ambiguous terminology from being exploited by the
party who insisted on its inclusion.

coram non Before one Refers to a legal proceeding without a judge, or with a judge who
 who is not a
judice does not have proper jurisdiction.
judge

Body of the A person cannot be convicted of a crime, unless it can be proven

corpus delicti
crime that the crime was even committed.

The complete collection of laws of a particular jurisdiction or

corpus juris Body of law
court.

corpus juris Body of civil The complete collection of civil laws of a particular jurisdiction or
civilis law court. Also sometimes used to refer to the Code of Justinian.

Body of the
corpus juris
law of The complete collection of international law.
gentium
nations

corpus juris An encyclopedia of US law drawn from US Federal and State

secundum court decisions.

Crime of
crimen falsi Forgery.
falsifying

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

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

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

de bonis Carrying Specifies that larceny was taking place in addition to any other
asportatis goods away crime named. E.g. "trespass de bonis asportatis".

Warring Complete annihilation of a warring party, bringing about the end

debellatio
down of the conflict.

Assets of an estate remaining after the death (or removal) of the

de bonis non Of goods not
designated estate administrator. An "administrator de bonis non
administratis administered
administratis" will then be appointed to dispose of these goods.

de die in From day to Generally refers to a type of labor in which the worker is paid fully
diem day at the completion of each day's work.

Literally "from fact"; often used to mean something that is true in

de facto In fact practice, but has not been officially instituted or endorsed. "For all
intents and purposes". Cf. de jure.

Concerning
de futuro At a future date.
the future

Concerning Often used to mean "start it all over", in the context of "repeat de
de integro
the whole integro".

According to Literally "from law"; something that is established in law, whether

de jure
law or not it is true in general practice. Cf. de facto.
de lege Of the law as Used in the context of "how the law should be", such as for
ferenda it should be proposed legislation.

Of the law as Concerning the law as it exists, without consideration of how

de lege lata
it is things should be.

That which
has been
delegatus
delegated,
non potest
cannot
delegare
delegate
[further]

About the
de minimis smallest Various legal areas concerning small amounts or small degrees.
things

The law
does not
de minimis concern itself There must be a minimal level of substance or impact in order to
non curat lex with the bring a legal action.
smallest
[things]

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

Often used in the context of "trial de novo"—a new trial ordered

de novo Anew
when the previous one failed to reach a conclusion.
 Cutting off
defalcation Misappropriation of funds by one entrusted with them.
with a sickle

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

A statement given some weight or consideration due to the

dictum (thing) said
respect given the person making it.

Incapable of Presumption that young children or persons with diminished

doli incapax
guilt mental capacity cannot form the intent to commit a crime.

dolus Specific
Heavily used in the context of genocide in international law.
specialis deceit

domitae Tame by Tame or domesticated animal. Also called mansuetae naturae.

naturae nature Opposite of ferae naturae (below)

Gift causa mortis; "The donor, contemplating imminent death,

declares words of present gifting and delivers the gift to the
donatio Deathbed
donee or someone who clearly takes possession on behalf of the
mortis causa gift
donee. The gift becomes effective at death but remains
revocable until that time."[2]

dramatis Persons of
personae the drama

dubia in Doubtful Often spoken as "to give the benefit of the doubt."
meliorem things should
partem be
interpretari interpreted in
debent the best way

Bring with A "subpoena duces tecum" is a summons to produce physical

duces tecum
you evidence for a trial.

ei incumbit Proof lies on

probatio qui him who The concept that one is innocent until proven guilty.
dicit asserts.

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

ejusdem Of the same list of specific things also includes a more general class, that the
generis class. scope of that more general class shall be limited to other items
more like the specific items in the list.

By that
eo nomine
name.

erga omnes 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".

 And other
et cetera Generally used in the sense of "and so forth".
things.

And the Abbreviation of et sequens, meaning "and the following ones".
et seq. following Used in citations to indicate that the cited portion extends to the
things pages following the cited page.

et uxor And wife. Usually used instead of naming a man's wife as a party in a case.

And Usually used instead of naming a woman's husband as a party in

et vir
husband. a case.

Usually defined as "what is right and good." Used to describe the

Of equity
ex aequo et power of a judge or arbiter to consider only what is fair and good
and [the]
bono for the specific case, and not necessarily what the law may
good.
require. In courts, usually only done if all parties agree.

Essentially meaning "before the event", usually used when

ex ante Of before.
forecasting future events.

From the Where chair refers to authority or position. Authority derived from

ex cathedra
chair one's position.

From what
has been
ex concessis Often used in a "guilt by association" context.
conceded
already

ex delicto From a The consequence of a crime or tort.

transgressio
 n

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

ex facie On the face be considered void ex faciewithout any further analysis or
arguments.

Good
ex fida bona business
norms

Something done voluntarily and with no expectation a legal

ex gratia By favor
liability arising therefrom.

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

From the Something done or realized by the fact of holding an office or

ex officio
office position.

From [for] A decision reached, or case brought, by or for one party without
ex parte
one party the other party being present.

ex post From after Based on knowledge of the past.

From a thing
ex post facto done Commonly said as "after the fact."
afterward
ex post facto A retroactive law. E.g. a law that makes a past act illegal that
law was not illegal when it was done.

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

ex proprio By [one's]
Commonly spoken as "by one's own accord."
motu own motion

[arising] out
Abbreviation of ex relatione. Used when the government brings a
of the
ex rel case that arises from the information conveyed to it by a third
narration [of
party ("relator").
the relator]

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

exempli For the sake

Usually abbreviated "e.g.".
gratia of 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.

ex nunc From now on Term used in contract law to specify terms that are voided or
confirmed in effect only in the future and not prior to the contract,
 or its adjudication. C.f. ex tunc.

Refers to things that are currently existing at a given point, rather

extant Existing
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

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

favor Favor of the A concept in treaty law that prefers the maintaining of a contract
contractus contract over letting it expire for purely procedural reasons.

A suicide. This archaic term stems from English common law,

Felon of
felo de se where suicide was legally a felony, thus a person who committed
himself
suicide was treated as a felon for purposes of estate disposal.

Wild animals residing on unowned property do not belong to any

ferae Wild animals
party in a dispute on the land. Opposite of domitae
naturae by nature
naturae (above)

Let it be
fiat A warrant issued by a judge for some legal proceedings.
done

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

Let justice be
fiat justitia done though Also sometimes a motto, a legal maxim that justice must be done
ruat caelum the heavens regardless of the result otherwise.
fall.

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

fortis
strong
attachiament When determining whether a chattel is a fixture: "size doesn't
attachment,
um, validior matter, how much or degree chattel is attached to 'land' and to
the stronger
praesumptio 'what' "
presumption
nem

forum non Disagreeable A concept wherein a court refuses to hear a particular matter,
conveniens forum citing a more appropriate forum for the issue to be decided.

Emblements; in property law, a co-owner profitng from her or

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

fructus Vegetation naturally growing from old roots (as pasturage) or

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

fumus boni Smoke of a

Refers to having a sufficient legal basis to bring legal action.
iuris good right
 Having
functus A person, court, statute, or legal document that has no legal
performed
officio authority, because its original legal purpose has been fulfilled.
his office

The general
generalia Specifies that a certain matter of law be covered by the most
does not
specialibus specific laws pertaining, in the event that broader laws conflict
detract from
non derogant with the specific one.
the specific.

Things
gravamen weighing The basic element or complaint of a lawsuit.
down

An independent party appointed in family law disputes to

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

May you A writ used to challenge the legality of detention. Orders the
habeas
have the detaining party to "have the (living) body" of the detained brought
corpus
body before the court where the detention will be investigated.

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

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

In the same
ibid. citing sources, to indicate the cited source came from the
place
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.

ignorantia Ignorance of
A principle that states that not having knowledge of a law is not
juris non the law does
an excuse for breaking it.
excusat not excuse

An authorization for a document to be printed. Used in the

Let it be
imprimatur context of approval by a religious body or other censoring
printed.
authority.

A legal proceeding conducted without the presence of one party

in absentia In absence is said to be conducted in absentia, e.g., trial in absentia or being
sentenced in absentia.

at the
In articulo Often used in probate law, as well as for testimony in the sense
moment of
mortis of a dying declaration.
death

In the
in camera Conducted in private, or in secret. The opposite of in open court.
chamber

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

In the
in extenso publication of documents, where it means the full unabridged
extended
document is published.
 In the In extreme circumstances. Often used to refer to "at the point of
in extremis
extreme death."

Caught in the actual act of committing a crime. Often used as

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

Someone unable to afford the costs associated with a legal

In the
in forma proceeding. As this will not be a barrier to seeking justice, such
manner of a
pauperis persons are given in forma pauperis status (usually abbreviated
pauper
IFP), wherein most costs are waived or substantially reduced.

Refers to things to come, or things that may occur later but are
in futuro In the future not so now. As in in futuro debts, i.e. debts which become due
and payable in the future.

Used when including text in a complaint verbatim, where its

in haec In these
appearance in that form is germane to the case, or is required to
verba words
be included.

At the A motion to a judge in a case that is heard and considered

in limine
threshold outside the presence of the jury.

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

in loco In the place responsibilities for a minor. This can be used in transfers of legal
parentis of a parent guardianship, 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 committed

in mitius In the milder
in the past. Also known as anamnesty law.
 Used to mean "in every respect." Something applying to every
in omnibus In all
aspect of a situation.

In equal
in pari delicto Used when both parties to a case are equally at fault.
offense

Refers to a situation where a law or statute may be ambiguous,

in pari In the same
and similar laws applying to the matter are used to interpret the
materia matter
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

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

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

Used in the title of a decision or comment to identify the matter

they are related to; usually used for a case where the proceeding
In the matter is in rem or quasi in rem and not in personam (e.g. probate or
in re
[of] bankrupt estate, guardianship, application for laying out a public
highway) and occasionally for anex parte proceeding (e.g.
application for a writ of habeas corpus).
 Used in the context of a case against property, as opposed to a
in rem About a thing
particular person. See also in rem jurisdiction. C.f. in personam.

Often used in the context of decisions or rulings about a property

in situ In position
or thing "left in place" after the case as it was before.

Jointly and severally; where a group of persons share liability for

For the
in solidum a debt, such as co-signers to a loan, the debtor can sue a single
whole
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

in terrorem
frighten other party to take action to avoid a lawsuit.

Clause "in
in terrorem A clause in a will that threatens any party who contests the will
order to
clause with being disinherited. Also called a no-contest clause.
frighten"

in toto In total

Often used in copyright notices. Refers to distinctive markings

indicia Indications
that identify a piece of intellectual property.

Below or
infra
Under

An intimation about someone or something, made indirectly or

innuendo By nodding vaguely suggesting the thing being implied. Often used when the
implied thing is negative or derogatory.
 Among Used to indicate an item cited has been pulled from a larger or
inter alia
others more complete list.

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

Among Refers to contract, debts, or other agreements made between

inter rusticos
rustics parties who are not legal professionals.

Refers to obligations between members of the same group or

Amongst
inter se party, differentiated from the whole party's obligations to another
themselves
party.

Refers to a gift or other non-sale transfer between living parties.

Between the
inter vivos This is in contrast to a will, where the transfer takes effect upon
living
one party's death.

intra Within

Within the
intra fauces
jaws of the This term refers to a nation's territorial waters.
terra
land

Within the Used in various contexts to refer to the legal foundation for a
intra legem
law thing.

Within the Something done which requires legal authority, and the act is
intra vires
powers performed accordingly. C.f.ultra vires.
 He himself An assertion given undue weight solely by virtue of the person
ipse dixit
said it making the assertion.

ipsissima The very

Referring to a document or ruling that is being quoted by another.
verba words

By the fact Used in the context that one event is a direct and immediate
ipso facto
itself consequence of another. "In and of itself."

ipso jure the law itself By operation of law

A principle that calculation errors made by the court do not

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

The court Concept that parties to a case do not need to define how the law
jura novit
knows the applies to their case. The court is solely responsible for
curia
law determining what laws apply.

Appears at the end of an affidavit, where the party making the

jurat (He) swears affirmation signs the oath, and the information on whom the oath
was sworn before is placed.

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

jus Law, right Essentially: law.

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

Refers to legalities considered before entering into a war, to

ensure it is legal to go to war initially. Not to be confused with ius
jus ad bellum Laws to war
in bello (q.v.), the "laws of war" concerning how war is carried
out.

A codified set of laws concerning citizenry, and how the laws

jus civile Civil law
apply to them.

Internationally agreed laws that bear no deviation, and do not

Compelling
jus cogens require treaties to be in effect. An example is law
law
prohibiting genocide.

Not actually referring to common law, this term refers to common

jus
Common law doctrine and principles of civil law that underlie all aspects of the
commune
legal system.

Customary law followed by all nations. Nations being at peace

Law of
jus gentium with one another, without having to have an actual peace treaty
nations
in force, would be an example of this concept.

jus in bello Law in war Laws governing the conduct of parties in war.
jus inter Law between
Laws governing treaties and international agreements.
gentes the peoples

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

jus primae Right of the Supposed right of the lord of an estate to take the virginity of
noctis first night women in his estate on their wedding night.

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

Right of Social law concept wherein citizenship of a nation is determined

jus sanguinis
blood by having one or both parents being citizens.

Social law concept wherein citizenship of a nation is determined

jus soli Right of soil
by place of birth.

Arguments made by a third party in disputes over possession,

Law of the
jus tertii the intent of which is to question one of the principal parties'
third
claims of ownership or rights to ownership.

A situation arising that is not covered by any law. Generally used

lacunae Void, gap in International Law, as all countries codify according to their own
systems of law.

leges The laws of Illustrates that laws are made, are in force for a period, and then
humanae man are become obsolete.
nascuntur, born, live,
vivunt,
moriuntur and die

Forfeiture clause for nonperformance of a contract, especially (1)

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

lex Common Alternate form of jus commune. Refers to common facets of civil
communis law. law that underlie all aspects of the law.

The law
lex lata The law as it has been enacted
borne

The law of the country, state, or locality where the matter under
The law of
lex loci litigation took place. Usually used in contract law, to determine
the place
which laws govern the contract.

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

The law
lex retro non does not A law cannot make something illegal that was legal at the time it
agit operate was performed. See ex post facto law.
retroactively

Law that specifically codifies something, as opposed to common

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

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

The Frankish their mother tongue. Term derives from the name given to a
lingua franca
language common language used by traders in the Mediterranean basin
dating from the Middle Ages.

Lawsuit Refers to requesting a legal dispute be heard that is also being

lis alibi
elsewhere heard by another court. To avoid possibly contradictory
pendens
pending judgements, this request will not be granted.

Often used in the context of public announcements of legal

lis pendens Suit pending
proceedings to come. Comparependente lite (below).

locus Place

Place of the Shorthand version of Lex locus delcti commissi. The "scene of
locus delicti
crime 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
poenitentiae repentance bound.
 Place of
locus standi The right of a party to appear and be heard before a court.
standing

mala fide (In) bad faith A condition of being fraudulent or deceptive in act or belief.

evil acts are

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

Wrong in Something considered a universal wrong or evil, regardless of

malum in se
itself the system of laws in effect.

malum Prohibited Something wrong or illegal by virtue of it being expressly

prohibitum wrong prohibited, that might not otherwise be so.

A writ issue by a higher court to a lower one, ordering that court

We
mandamus or related officials to perform some administrative duty. Often
command
used in the context of legal oversight of government agencies.

mare A body of water under the jurisdiction of a state or nation, to

Closed sea
clausum which access is not permitted, or is tightly regulated.

A body of water open to all. Typically a synonym for International

mare liberum Open sea
Waters, or in other legal parlance, the "High Seas".

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

A person's particular way of doing things. Used when

modus Manner of
using behavioral analysis while investigating a crime. Often
operandi operation
abbreviated "M.O."

mora Delay of Delay in payment or performance in the part of the creditor or

accipiendi creditor obligor

mora delay of Delay in payment or performance in the part of the debtor or the
solvendi debtor obligee

In
mortis causa contemplatio Gift or trust that is made in contemplation of death
n of death

Is a document issued by the Pope (or by a monarch) on his own

ON HIS
MOTU initiative and personally signed by him. When issued by the
OWN
PROPIO Pope, a motu proprio may be addressed to the whole Church, to
IMPULSE
part of it, or to some individuals.

Custom for
mos pro lege That which is the usual custom has the force of law.
law

motion in Motion at the Motions offered at the start of a trial, often to suppress or pre-
limine start allow certain evidence or testimony.

mutatis Having A caution to a reader when using one example to illustrate a

mutandis changed [the related but slightly different situation. The caution is that the
things that] reader must adapt the example to change what is needed for it to
 needed to be
apply to the new situation.
changed

Let him not Shortened version of ne exeat repiblica: "let him not exit the
ne exeat exit [the republic". A writ to prevent one party to a dispute from leaving (or
republic] being taken) from the court's jurisdiction.

ne bis in Not twice in Prohibition against double jeopardy. A legal action cannot be

idem the same brought twice for the same act or offense.

Quasi-contractual obligation arising from good works affecting

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

nemo auditur no one can

propriam be heard,
Nobody can bring a case that stems from their own illegal act
turpitudinem who invokes
allegans his own guilt

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

nemo debet no one shall In the past it was thought that it included just two rules namely
esse iudex in be a judge in (1) nemo debet esse judex in propria causa (no one shall be a
propria his own case judge in his own case)

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

nemo plus no one can

iuris ad alium transfer a
A purchaser of stolen goods will not become the rightful owner
transferre greater right
thereof, since the seller himself was not the owner to begin with.
potest quam than he
ipse habet himself has

he says A judgement rendered in the absence of a plea, or in the event

nihil dicit
nothing one party refuses to cooperate in the proceedings.

A decree that does not enter into force unless some other
nisi unless
specified condition is met.

nisi prius unless first Refers to the court of original jurisdiction in a given matter.

nolle Not to A statement from the prosecution that they are voluntarily
prosequi prosecute discontinuing (or will not initiate) prosecution of a matter.

nolo I do not wish A type of plea whereby the defendant neither admits nor denies
contendere to dispute the charge. Commonly interpreted as "No contest."

non Of a non- In the case where a contract imposes specific obligations on both
adimpleti completed parties, one side cannot sue the other for failure to meet their
contractus contract obligations, if the plaintiff has not themselves met their own.

not in
non compos 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
it is not testimony, such as an attorney bringing up new information that
non constat
certain did not come from a witness. Such information is typically
nullified.

A method whereby a signatory to a contract can invalidate it by

non est It is not [my]
showing that his signature to the contract was made
factum deed
unintentionally or without full understanding of the implications.

non est He is not Reported by a sheriff on writ when the defendant cannot be
inventus found found in his county or jurisdiction.

Performing some illegal action is not excused by the fact that a

non faciat
not to do evil positive result came therefrom. Often used to argue that some
malum, ut
that good forms of expression, such as graffiti or pornographic films, cannot
inde veniat
may come be given the protection of law (e.g. copyright) as they are or may
bonum
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.

notwithstandi
non obstante A circumstance where the judge may override the jury verdict
ng the
verdicto and reverse or modify the decision.
verdict

a new action
novus actus a break in causation (and therefore probably liability) because
coming
interveniens something else has happened to remove the causal link
between

noscitur a it is known An ambiguous word or term can be clarified by considering the

sociis by friends whole context in which it is used, without having to define the
 term itself.

A term used to direct the reader to cautionary or qualifying

nota bene note well
statements for the main text.

nudum naked An unenforceable promise, due to the absence

pactum promise of consideration 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.

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

nullum no crime, no
One cannot be prosecuted for doing something that was not
crimen, nulla punishment
prohibited by law at the time and place it was committed,
poena sine without a
notwithstanding laws made since that time. A form of prohibition
praevia lege previous
on retroactive laws.
poenali penal law

nunc pro An action by a court to correct a previous procedural or clerical

now for then
tunc error.

in law, an observation by a judge on some point of law not

directly relevant to the case before him, and thus neither
a thing said
obiter dictum requiring his decision nor serving as a precedent, but
in passing
nevertheless of persuasive authority. In general, any comment,
remark or observation made in passing
onus
Burden of proof
probandi

pacta sunt agreements

A fundamental principle of law
servanda must be kept

par delictum equal fault Used when both parties to a dispute are at fault

parens parent of the Refers to the power of the State to act as parent to a child when
patriae nation the legal parents are unable or unwilling.

on equal
pari passu Equal ranking, equal priority (usually referring to creditors)
footing

The head of household, for purposes of considering the rights

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

while the Court orders used to provide relief until the final judgement is
pendente lite litigation is rendered. Commonly used indivorce proceedings. The adverbial
pending form of lis pendens (above).

dividing money up strictly and equally according to the number of

per capita by head
beneficiaries

by that
per contra Legal shorthand for "in contrast to"
against
 A decision delivered by a multi-judge panel, such as an appellate
through the court, in which the decision is said to be authored by the court
per curiam
court itself, instead of situations where those individual judges
supporting the decision are named.

by their
per incuriam A judgement given without reference to precedent.
neglect

through Used as a defense, when illegal acts were performed under

per minas
threats duress

Used in legal documents in the same sense as "whereby". A per

per quod by which quod statement is typically used to show that specific acts had
consequences which form the basis for the legal action.

per se by itself Something that is, as a matter of law.

An estate of a decedent is distributed per stirpes, if each branch

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

periculum in danger in A condition given to support requests for urgent action, such as a
mora delay protective order or restraining order.

A person who is officially considered unwelcome by a host

persona non unwelcome
country in which they are residing in a diplomatic capacity. The
grata person
person is typically expelled to their home country.

posse power of the A body of armed citizens pressed into service by legal authority,
comitatus county to keep the peace or pursue a fugitive.
 Refers to an autopsy, or as a qualification as to when some
post mortem after death
event occurred.

after the
post mortem Used in reference to intellectual property rights, which usually are
author's
auctoris based around the author's lifetime.
death

praetor magistrate of The Roman praetor (magistrate) responsible for matters involving
peregrinus foreigners non-Romans.

A matter that appears to be sufficiently based in the evidence as

prima facie at first face
to be considered true.

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

prius quam before you

exaudias ne hear, do not
iudices judge

probatio
proof
vincit
overcomes
praesumptio
presumption
nem

pro bono For good Professional work done for free.

pro bono For the
/ˈproʊ ˈboʊnoʊ ˈpʌblɨkoʊ/
publico public good

as a matter
pro forma Things done as formalities.
of 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 propria
persona, Representing oneself, without counsel. Also known as pro
pro per
meaning se representation.
"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
pro rata from the rate 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 counsel. Also known as pro

pro se for himself
per representation.

A partial payment of an award or claim, based on the defendant's

pro tanto for so much
ability to pay.

pro tem Abbreviation Something, such as an office held, that is temporary.

of pro
tempore,
 meaning "for
the time
being"

for the time

pro tempore Something, such as an office held, that is temporary.
being

propria proper Refers to one reperesenting themselves without the services of a

persona person lawyer. Also known as pro perrepresentation.

prout patet
as appears Used to cite something that has already been admitted into the
per
in the record record.
recordum

qua which; as In the capacity of

The question is raised. Used to declare that a question is being

quareitur it is sought
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

quantum as much as it In contract law, a quasi-contractual remedy that permits partial

meruit deserves; as reasonable payment for an incomplete piece of work (services
much as she and/or materials), assessed proportionately, where no price is
or he has established when the request is made. [3]
earned[3]

In contract law, and in particular the requirement for

 consideration, if no fixed price is agreed upon for the service
and/or materials, then one party would request a reasonable
price for the said services and/or materials at the end of the job.
A common example would be a plumber requested to fix a leak
in the middle of the night.[3]

Under Common Law, 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.
as much as
quantum In contract law, for requirements of consideration, reasonable
they were
valebant worth for goods delivered.
worth
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.

Resembling or being similar to something, without actually being

quasi as if
that thing.

who acts
qui facit per One who delegates a task to another, takes full responsibility for
through
alium facit the performance of that act as if he himself had done it. Basis for
another, acts
per se the law of agency
himself

Abbreviation
of qui tam
pro domino
rege quam
pro se ipso
in hac parte
sequitur, In a qui tam action, one who assists the prosecution of a case is
qui tam
meaning entitled to a proportion of any fines or penalties assessed.
"who
pursues in
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 affairs which preceded some
quo ante as before
defined action.

by what A request made to someone exercising some power, to show by

quo warranto
warrant? 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

necessarium necessary is
est licitum lawful

King or Queen. In British cases, will see R v Freeman meaning

Rex or
R Regina against Freeman. Changes with King or Queen on throne
Regina
at time.

ratio Reason for The point in a legal proceeding, or the legal precedent so
decidendi the decision involved, which led to the final decision being what it was.

written The popular opinion of Roman law, held by those in the Medieval
ratio scripta
reason period.

by reason of "Certain rights may arise by virtue of ownership of the soil upon
rationae soli
the soil which wild animals are found."[2]

rebus sic things thus A qualification in a treaty or contract, that allows for nullification in
stantibus standing the event fundamental circumstances change.

reddendo referring The canon of construction that in a list of items containing a

singula solely to the qualifying phrase at the end, the qualifier refers only to the last
singulis 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
res common to be the subject of ownership. With airspace, the difficulty has
communis all 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]

res gestae things done Differing meaning depending on what type of law is involved.
May refer to the complete act of a felony, from start to finish, or
may refer to statements given that may be exempt
 from hearsayrules.

the thing used in tort law when there is no proof of what caused the harm,
res ipsa
speaks for but it is most likely only the thing that could have caused the
loquitur
itself harm

a matter A matter that has been finally adjudicated, meaning no further

res judicata
judged appeals or legal actions by the involved parties is now possible.

nobody's Ownerless property or goods. Such property or goods are able

res nullius
thing and subject to being owned by anybody.

All things subject to concern by the citizenry. The root of the

res publica public affair
word republic.

res publica Christian

All things of concern to the worldwide body of Christianity
christiana public affair

let the
respondeat A concept that the master (e.g. employer) is responsible for the
master
superior actions of his subordinates (e.g. employees).
answer

(1) Restoration of something, such as a building or damaged

total
restitutio in property, to its original condition.
reinstatemen
integrum (2) In contract law, when considering breach of contract and
t
remedies, to restore a party to an original position. [3]

rex non
The king can
potest Used to describe the basis for sovereign immunity
do no wrong
peccare

The good of
salus populi
the people Used variously as a motto, a reminder, or a notion of how the law
suprema lex
shall be the and governments in general should be.
esto
supreme law

scandal of
scandalum Defamation against a peer in British law. Now repealed as a
the
magnatum specific offense.
magnates

Used when offenses or torts were committed with the full

scienter knowingly
awareness of the one so committing.

let them A writ, directing local officials to officially inform a party of official
scire facias
know proceedings concerning them.
 I have made The official response of the official serving a writ of scire facias,
scire feci
known informing the court that the writ has been properly delivered.

se The act of defending one's own person or property, or the well-

self-defense
defendendo being or property of another.

Describes the process in which the court hears assorted matters

in a specific order. Also refers to an occasion where a multiple-
seriatim in series
judge panel will issue individual opinions from the members,
rather than a single ruling from the entire panel.

use your
property so While an individual is entitled to the use and enjoyment of one's
sic utere tuo
as not to estate, the right is not without limits. Restrictions can give rise to
ut alienum
injure that of tort actions include trespass, negligence, strict liability, and
non laedas
your nuisance.[2]
neighbours

Used when the court is adjourning without specifying a date to

sine die without day
re-convene. See also adjournment sine die.

without
Refers to some essential event or action, without which there can
sine qua non which,
be no specified consequence.
nothing

Used to refer to laws specific to the location where specific

situs the place
property exists, or where an offense or tort was committed.

performance Undue performance or payment, obliging the enrichee

solutio
of something (accipiens) to return the undue payment or compensate the
indebiti
not due impoverishee (solvens) for the undue performance

To stand by
stare decisis [things] The obligation of a judge to stand by a prior precedent.
decided.

status quo In contract law, in a case of innocent representation, the injured

status quo the state in party is entitled to be replaced in statu quo. Note the common
ante which usage is status quo from the Latin status quo ante, the "state in
statu quo which before" or "the state of affairs that existed previously." [3]

stratum a covering, 1) In property law, condominiums has said to occupy stratum
from neuter many stories about the ground.[2]
past 2) Stratum can also be a societial level made up of individuals
 participle of with similar status of social, cultural or economic nature.
sternere, to 3) Stratum can refer to classification in an organized system
spread along the lines of layers, levels, divisions, or similar grouping.

Some action taken by the public prosecutor or another official

of its own body, without the prompting of a plaintiff or another party.
sua sponte
accord (compare ex proprio motu, ex mero motu which are used for
courts)

under the
sub judice Refers to a matter currently being considered by the court.
judge

subject to Term in contract law that allows 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

under the
sub nomine official name of a case changed during the proceedings, usually
name
after appeal (e.g., rev'd sub nom. and aff'd sub nom.)

A ruling, order, or other court action made without specifically

under stating the ruling, order, or action. The effect of the ruling or
sub silentio
silence action is implied by related and subsequent actions, but not
specifically stated.

under A writ compelling testimony, the production of evidence, or some

subpoena
penalty other action, under penalty for failure to do so.

Under
subpoena ad An order compelling an entity to give oral testimony in a legal
penalty to be
testificandum matter.
witnessed

bring with
subpoena An order compelling an entity to produce physical evidence or
you under
duces tecum witness in a legal matter.
penalty

suggestio false
A false statement made in the negotiation of a contract.
falsi suggestion

of its own
sui generis Something that is unique amongst a group.
kind/genus

of his own Refers to one legally competent to manage his own affairs. Also
sui juris
right spelled sui iuris.

suo motu of its own Refers to a court or other official agency taking some action on
motion its own accord (synonyms: ex proprio motu, ex mero motu).
 Similar to sua sponte.

A bond tendered by an appellant as surety to the court,

supersedeas refrain from requesting 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

suppressio suppression
withholding details of damage from an auto accident from a
veri of the truth
prospective buyer of the car in that accident.

supra above Used in citations to refer to a previously cited source.

tantum et thus and (Scots law) "as is", to disclaim implied warranties, as in to
tale such purchase or convey something tantum et tale

no one's Land that has never been part of a sovereign state, or land which
terra nullius
land a sovereign state has relinquished claim to.

A completely new trial of a matter previously judged. It

trial de novo trial anew specifically refers to a replacement trial for the previous one, and
not an appeal of the previous decision.

trinoda three-knotted Refers to a threefold tax levied on Anglo-Saxon citizens to cover

necessitas need roads, buildings, and the military.

most
uberrima Concept in contract law specifying that all parties must act with
abundant
fides the utmost good faith.
faith

no one is
ultra posse Specifies that one should do what he can to support the
obligated (to
nemo community, but since everyone has different levels of ability, it
do) more
obligatur cannot be expected that all will perform the same.
than he can

beyond the An act that requires legal authority to perform, but which is done
ultra vires
powers without obtaining that authority.

universitas Totality of Aggregate of people, body corporate, as in a college,

personarum people corporation, or state

universitas Totality of
Aggregate of things
rerum things

Used to criticize inconsistencies in speech or testimony, as in:

uno flatu in one breath one says one thing, and in the same breath, says another
contradictory thing.
 Ancient concept regarding conflicts, wherein all property
as you possessed by the parties at the conclusion of the conflict shall
uti possidetis
possess remain owned by those parties unless treaties to the contrary are
enacted.

Used in documents in place of the wife's name. Usually

uxor wife
abbreviated et ux.

Used when considering whether some event or situation is either

vel non or not
present or it is not.

The power of an executive to prevent an action, especially the

veto I forbid.
enactment of legislation.

the other
vice versa Something that is the same either way.
way around

vide see Used in citations to refer the reader to another location.

Contraction
of videre
licet, Used in documents to mean "namely" or "that is". Usually
videlicet
meaning "it abbreviated viz.
is permitted
to see"

vinculum the chains of

Something which is legally binding.
juris the law

greater or Force majeure, specifically events over which no humans have

vis major superior control, and so cannot be held responsible. Equivalent to an "Act
force of God". Compare casus fortuitus (see above).

Abbreviation
viz. Namely
of videlicet

injury is not Notion that a person cannot bring a claim against another for
volenti non fit
done to the injury, if said person willingly placed themselves in a situation
injuria
willing where they knew injury could result.

vigilantibus
Equity aids Concept that if an opposing party unreasonably delays bringing
non
the vigilant, an action, that it is no longer considered just to hear their claim,
dormientibus
not the due to fundamental changes in circumstance brought upon by
aequitas
sleeping their delay.
subvenit