An aspect of

a unanimous
voting system,
liberum veto Free veto
whereby any member
can end discussion on
a proposed law.

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

Refers to requesting a
legal dispute be heard
that is also being heard
Lawsuit by another court. To
lis alibi pendens elsewhere avoid possibly
pending contradictory
judgements, this
request will not be
granted.

Often used in the

context of public
announcements of
lis pendens Suit pending legal proceedings to
come.
Comparependente
lite (below).

locus Place

locus delicti Place of the Shorthand version

crime of Lex locus delcti
commissi. The "scene
 of the crime".

The place in The location where a

locus in quo
which cause of action arose.

When one party

locus Place of withdraws from a
poenitentiae repentance contract before all
parties are bound.

The right of a party to

Place of
locus standi appear and be heard /ˈloʊkəs ˈstændaɪ/
standing
before a court.

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

evil acts are

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

Something considered
a universal wrong or
malum in se Wrong in itself evil, regardless of the
system of laws in
effect.

Something wrong or
illegal by virtue of it
malum Prohibited
being expressly
prohibitum wrong
prohibited, that might
not otherwise be so.

mandamus We command A writ issue by a /mænˈdeɪməs/

higher court to a lower
 one, ordering that
court or related
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
mare clausum Closed sea /ˈmɛərriː ˈklɔːzəm/
which access is not
permitted, or is tightly
regulated.

A body of water open

to all. Typically a
synonym for
mare liberum Open sea International Waters,
or in other legal
parlance, the "High
Seas".

One of the
requirements for a
crime to be committed,
the other being actus
reus, the guilt act. This
essentially is the basis
mens rea Guilty mind /ˈmɛns ˈriː.ə/
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
Manner of using behavioral
modus operandi /ˈmoʊdəs ɒpəˈrændaɪ/,/ˈmoʊdəs ɒpəˈrændiː/
operation analysis while
investigating a crime.
Often abbreviated
"M.O."
 Delay in payment or
Delay of performance in the
mora accipiendi
creditor part of the creditor or
obligor

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

In Gift or trust that is

mortis causa contemplation made in contemplation
of death of death

That which is the usual

mos pro lege Custom for law custom has the force
of law.

Motions offered at the

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

A caution to a reader
when using one
example to illustrate a
related but slightly
Having changed
different situation. The
mutatis [the things that]
caution is that the
mutandis needed to be
reader must adapt the
changed
example to change
what is needed for it to
apply to the new
situation.

ne exeat Let him not exit Shortened version /ˈniː ˈɛksi.æt/

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

Prohibition
against double
Not twice in the jeopardy. A legal
ne bis in idem
same action cannot be
brought twice for the
same act or offense.

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

nemo auditur no one can be

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

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

In the past it was

thought that it included
no one shall be just two rules namely
nemo debet esse (1) nemo debet esse
a judge in his
iudex in propria judex in propria causa
own case
(no one shall be a
judge in his own case)
[clarification needed]
 Prevents conflict of
interest in courts.
no one shall be Often invoked when
nemo judex in
a judge in his there is really no
sua causa
own case conflict, but when
there is even the
appearance of one.

A purchaser of stolen
nemo plus iuris no one can
goods will not become
ad alium transfer a
the rightful owner
transferre greater right
thereof, since the seller
potest quam than he himself
himself was not the
ipse habet has
owner to begin with.

A judgement rendered
in the absence of a
plea, or in the event
nihil dicit he says nothing
one party refuses to
cooperate in the
proceedings.

A decree that does not

enter into force unless
nisi unless /ˈnaɪsaɪ/
some other specified
condition is met.

Refers to the court of

nisi prius unless first original jurisdiction in /ˈnaɪsaɪ ˈpraɪ.əs/
a given matter.

A statement from the

prosecution that they
are voluntarily
Not to
nolle prosequi discontinuing (or will /ˈnɒliː ˈprɒsᵻkwaɪ/
prosecute
not initiate)
prosecution of a
matter.

nolo contendere I do not wish to A type of plea /ˈnoʊloʊ kɒnˈtɛndᵻriː/

dispute whereby the defendant
neither admits nor
denies the charge.
 Commonly interpreted
as "No contest."

In the case where a

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

not in not having mental

non compos
possession of capacity to perform
mentis
[one's] mind some legal act

Refers to information
given by one who is
not supposed to give
testimony, such as an
attorney bringing up
non constat it is not certain
new information that
did not come from a
witness. Such
information is
typically nullified.

A method whereby a
signatory to a contract
can invalidate it by
showing that his
It is not [my] signature to the
non est factum
deed contract was made
unintentionally or
without full
understanding of the
implications.

non est inventus He is not found Reported by a sheriff

on writ when the
defendant cannot be
found in his county or
 jurisdiction.

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

A type of verdict
where positive guilt or
innocence cannot be
non liquet it is not clear determined. Also
called "not proven" in
legal systems with
such verdicts.

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

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

noscitur a sociis it is known by An ambiguous word or

friends term can be clarified
by considering the
whole context in
 which it is used,
without having to
define the term itself.

A term used to direct

the reader to
nota bene note well cautionary or
qualifying statements
for the main text.

An unenforceable
promise, due to the
absence
nudum pactum naked 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.

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

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

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

onus probandi Burden of proof

pacta sunt agreements A fundamental

servanda must be kept principle of law

Used when both

par delictum equal fault parties to a dispute are
at fault

Refers to the power of

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

Equal ranking, equal

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

pater familias father of the The head of

family household, for
purposes of
considering the rights
and responsibilities
 thereof. (Civil
law) bonus
paterfamilias: a
standard of care
equivalent to the
common law
ordinary reasonable
man.

Court orders used to

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

dividing money up
strictly and equally
per capita by head according to the
number of
beneficiaries

Legal shorthand for

per contra by that against
"in contrast to"

A decision delivered
by a multi-judge panel,
such as an appellate
court, in which the
decision is said to be
through the
per curiam authored by the court /ˌpɜːrr ˈkjʊəri.æm/
court
itself, instead of
situations where those
individual judges
supporting the
decision are named.

A judgement given
per incuriam by their neglect without reference to
precedent.
 Used as a defense,
when illegal acts were
per minas through threats
performed under
duress

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

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.

Something that is, as a

per se by itself
matter of law.

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

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

persona non unwelcome A person who is /pərˈsoʊnə nɒn ˈɡrɑːtə/,/pərˈsoʊnə nɒn ˈɡreɪtə/

grata person officially considered
unwelcome by a host
country in which they
are residing in a
 diplomatic capacity.
The person is typically
expelled to their home
country.

A body of armed
citizens pressed into
power of the service by legal
posse comitatus /ˈpɒsiː ˌkɒmᵻˈteɪtəs/
county authority, to keep the
peace or pursue a
fugitive.

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

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

The Roman praetor

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

A matter that appears

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

prior tempore earlier in time, (1) A legal principle

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

prius quam
before you hear,
exaudias ne
do not judge
iudices

probatio vincit proof

praesumptione overcomes
m presumption

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

pro bono For the public

/ˈproʊ ˈboʊnoʊ ˈpʌblᵻkoʊ/
publico good

as a matter of Things done as

pro forma
form formalities.

Refers to a lawyer who

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

Abbreviation
Representing oneself,
of propria
without counsel. Also
pro per persona,
known as pro
meaning "one's
se representation.
own person"
 A calculation adjusted
based on a
proportional value
relevant to the
calculation. An
example would be a
tenant being charged 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
pro se for himself /ˌproʊ ˈsiː/, /ˌproʊ ˈseɪ/
known as pro
per representation.

A partial payment of
an award or claim,
pro tanto for so much based on the
defendant's ability to
pay.

Abbreviation
Something, such as an
of pro tempore,
pro tem office held, that is
meaning "for
temporary.
the time being"

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

Refers to one
reperesenting
themselves without the
propria persona proper person
services of a lawyer.
Also known as pro
perrepresentation.
 Used to cite something
that has already been
admitted into the
record. It was
frequently used
inpleadings, generally
prout patet per as appears in abbreviated "prout
recordum the record &c.", to indicate that a
fact was supported by
documentary evidence.
Failure to use this
phrase correctly could
be a fatal defect and so
cause a case to fail.[6]

qua which; as In the capacity of

The question is raised.

Used to declare that a
quareitur it is sought question is being asked
in the following
verbiage.

Used in legal drafts to

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

quantum how much

quantum meruit as much as it In contract law, a

deserves; as quasi-contractual
much as she or remedy that permits
he has earned[3] 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]
 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,

a remedy to compute
reasonable damages
when a contract has
been breached – the
implied promise of
payment of a
reasonable price for
goods.
In contract law, for
requirements of
quantum as much as they
consideration,
valebant were worth
reasonable worth for
goods delivered.
Usage: quantum
meruit has replaced
quantum valebant in
consideration;[3] in the
case of contract
remedy, quantum
valebant is being used
less, and could be
considered obsolete.
Resembling or being
similar to something,
quasi as if
without actually being
that thing.
qui facit per who acts One who delegates a
alium facit per through task to another, takes
se another, acts full responsibility for
himself the performance of
 that act as if he himself
had done it. Basis for
the law of agency
Abbreviation
of qui tam pro
domino rege
In a qui tam action,
quam pro se
one who assists the
ipso in hac
prosecution of a case
qui tam parte sequitur,
is entitled to a
meaning "who
proportion of any fines
pursues in this
or penalties assessed.
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
quo ante as before
preceded some defined
action.
A request made to
someone exercising
by what some power, to show
quo warranto
warrant? by what legal right
they are exercising that
power. A type of writ.
Used to mean "with
respect to" some
named thing, such as
quoad hoc as to this
when stating what the
law is in regards to
that named thing.
quod est What is
necessarium est necessary is
licitum lawful
King or Queen. In
British cases, will see
R v Freeman meaning
R Rex or Regina Regina against
Freeman. Changes
with King or Queen on
throne at time.
ratio decidendi Reason for the The point in a legal
decision proceeding, or the
legal precedent so
 involved, which led to
the final decision
being what it was.
The popular opinion of
Roman law, held by
ratio scripta written reason
those in the Medieval
period.
"Certain rights may
arise by virtue of
by reason of the
rationae soli ownership of the soil
soil
upon which wild
animals are found."[2]
A qualification in a
treaty or contract, that
rebus sic things thus allows for nullification
stantibus standing in the event
fundamental
circumstances change.
The canon of
construction that in a
list of items containing
reddendo referring solely
a qualifying phrase at
singula singulis to 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. With
res communis common to all
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]
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.
used in tort law when
there is no proof of
what caused the harm,
res ipsa the thing speaks
but it is most likely
loquitur for itself
only the thing that
could have caused the
harm
A matter that has been
finally adjudicated,
meaning no further
res judicata a matter judged appeals or legal /ˈriːz dʒuːdᵻˈkeɪtə/, /ˈreɪz/,/dʒuːdᵻˈkɑːtə/
actions by the involved
parties is now
possible.
Ownerless property or
goods. Such property
res nullius nobody's thing or goods are able and
subject to being owned
by anybody.
All things subject to
concern by the
res publica public affair
citizenry. The root of
the word republic.
All things of concern
res publica Christian public
to the worldwide body
christiana affair
of Christianity
A concept that the
master (e.g. employer)
respondeat let the master is responsible for the
superior answer actions of his
subordinates (e.g.
employees).
(1) Restoration of
something, such as a
building or damaged
property, to its original
condition.
restitutio in total
(2) In contract law,
integrum reinstatement
when considering
breach of contract and
remedies, to restore a
party to an original
position.[3]
rex non potest The king can do Used to describe the
peccare no wrong basis for sovereign
 immunity
Used variously as a
salus populi The good of the motto, a reminder, or a
suprema lex people shall be notion of how the law
esto the supreme law and governments in
general should be.
Defamation against
scandalum scandal of the a peer in British law.
magnatum magnates Now repealed as a
specific offense.
Used when offenses or
torts were committed
scienter knowingly with the full awareness
of the one so
committing.
A writ, directing local
officials to officially
scire facias let them know inform a party of
official proceedings
concerning them.
The official response
of the official serving
I have made a writ of scire facias,
scire feci
known informing the court
that the writ has been
properly delivered.
The act of defending
one's own person or
se defendendo self-defense property, or the well-
being or property of
another.
Describes the process
in which the court
hears assorted matters
in a specific order.
Also refers to an
occasion where a
seriatim in series
multiple-judge panel
will issue individual
opinions from the
members, rather than a
single ruling from the
entire panel.
sic utere tuo ut use your While an individual is
alienum non property so as entitled to the use and
laedas not to injure enjoyment of one's
that of your estate, the right is not
neighbours without limits.
Restrictions can give
 rise to tort actions
include trespass,
negligence, strict
liability, and nuisance.
[2]

Used when the court is

adjourning without
specifying a date to re-
sine die without day
convene. See
alsoadjournment sine
die.
Refers to some
essential event or
without which,
sine qua non action, without which
nothing
there can be no
specified consequence.
Used to refer to laws
specific to the location
where specific
situs the place
property exists, or
where an offense or
tort was committed.
Undue performance or
payment, obliging the
enrichee (accipiens) to
performance of return the undue
solutio indebiti something not payment or
due compensate the
impoverishee (solvens)
for the undue
performance
To stand by The obligation of
stare decisis [things] a judge to stand by a /ˈstɛəriː dᵻˈsaɪsᵻs/
decided. prior precedent.
In contract law, in a
case of innocent
representation, the
injured party is entitled
to be replaced in statu
status quo quo. Note the common
the state in
status quo ante usage is status
which
statu quo quo from the Latin
status quo ante, the
"state in which before"
or "the state of affairs
that existed
previously."[3]
stratum a covering, 1) In property law,
from neuter past condominiums has
participle of said to occupy stratum
 many stories about the
ground.[2]
2) Stratum can also be
a societial level made
up of individuals with
similar status of social,
cultural or economic
sternere, to
nature.
spread
3) Stratum can refer to
classification in an
organized system
along the lines of
layers, levels,
divisions, or similar
grouping.
Some action taken by
the public prosecutor
or another official
body, without the
of its own prompting of a
sua sponte
accord plaintiff or another
party. (compare ex
proprio motu, ex mero
motu which are used
for courts)
Refers to a matter
currently being
sub judice under the judge
considered by the
court.
Term in contract law
that allows limited
modifications to a
subject to
sub modo contract after the
modification
original form has been
agreed to by all
parties.
Abbreviated sub nom.;
used in case citations
to indicate that the
official name of a case
sub nomine under the name 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, 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
subpoena under penalty evidence, or some
other action, under
penalty for failure to
do so.
An order compelling
subpoena ad Under penalty an entity to give oral
testificandum to be witnessed testimony in a legal
matter.
An order compelling
an entity to produce
subpoena duces bring with you
physical evidence or
tecum under penalty
witness in a legal
matter.
A false statement
made in the
suggestio falsi false suggestion
negotiation of a
contract.
Something that is
of its own
sui generis unique amongst a
kind/genus
group.
Refers to one legally
competent to manage
sui juris of his own right
his own affairs. Also
spelled sui iuris.
Refers to a court or
other official agency
taking some action on
of its own
suo motu its own accord
motion
(synonyms: ex proprio
motu, ex mero motu).
Similar to sua sponte.
A bond tendered by an
appellant as surety to
the court, requesting a
supersedeas refrain from delay of payment for
awards or damages
granted, pending the
outcome of the appeal.
suppressio veri suppression of Willful concealment of
the truth the truth when bound
 to reveal it, such as
withholding details of
damage from an auto
accident from a
prospective buyer of
the car in that accident.
Used in citations to
supra above refer to a previously
cited source.
(Scots law) "as is", to
disclaim implied
warranties, as in to
tantum et tale thus and such
purchase or convey
something tantum et
tale
Land that has never
been part of a
sovereign state, or land
terra nullius no one's land
which a sovereign
state has relinquished
claim to.
A completely new trial
of a matter previously
judged. It specifically
refers to a replacement
trial de novo trial anew
trial for the previous
one, and not an appeal
of the previous
decision.
Refers to a threefold
tax levied on Anglo-
trinoda three-knotted
Saxon citizens to cover
necessitas need
roads, buildings, and
the military.
Concept in contract
most abundant law specifying that all
uberrima fides
faith parties must act with
the utmost good faith.
Specifies that one
should do what he can
to support the
no one is
community, but since
ultra posse obligated (to
everyone has different
nemo obligatur do) more than
levels of ability, it
he can
cannot be expected
that all will perform
the same.
ultra vires beyond the An act that requires
powers legal authority to
 perform, but which is
done without obtaining
that authority.
Aggregate of people,
universitas Totality of body corporate, as in a
personarum people college, corporation,
or state
universitas Totality of
Aggregate of things
rerum things
Used to criticize
inconsistencies in
speech or testimony,
uno flatu in one breath as in: one says one
thing, and in the same
breath, says another
contradictory thing.
Ancient concept
regarding conflicts,
wherein all property
possessed by the
parties at the
uti possidetis as you possess
conclusion of the
conflict shall remain
owned by those parties
unless treaties to the
contrary are enacted.
Used in documents in
place of the wife's
uxor wife
name. Usually
abbreviated et ux.
Used when
considering whether
vel non or not some event or situation
is either present or it is
not.
The power of an
executive to prevent an
veto I forbid. action, especially the
enactment
of legislation.
the other way Something that is the
vice versa
around same either way.
Used in citations to
vide see refer the reader to
another location.
videlicet Contraction Used in documents to
of videre licet, mean "namely" or
meaning "it is "that is". Usually
 permitted to
abbreviated viz.
see"
the chains of the Something which is
vinculum juris
law legally binding.
Force majeure,
specifically events
over which no humans
have control, and so
greater or cannot be held
vis major
superior force responsible.
Equivalent to an "Act
of God".
Compare casus
fortuitus (see above).
Abbreviation
viz. Namely
of videlicet
Notion that a person
cannot bring a claim
against another for
injury is not injury, if said person
volenti non fit
done to the willingly placed
injuria
willing themselves in a
situation where they
knew injury could
result.
Concept that if an
opposing party
unreasonably delays
bringing an action, that
vigilantibus non
Equity aids the it is no longer
dormientibus
vigilant, not the considered just to hear
aequitas
sleeping their claim, due to
subvenit
fundamental changes
in circumstance
brought upon by their
delay.