Important Legal Maxims With Their Easy Meaning

1. Ab Initio – From the beginning.

2. Actionable per se – The very act is punishable and no proof of damage is

required.

3. Actio personalis moritur cum persona – A personal right of action dies

with the person. In other sense, if he dies the right to sue is gone.

4. Actori incumbit onus probandi – The burden of proof is on the plaintiff.

5. Actus Reus Non Facit Reum Nisi Mens Sit Rea – Conviction of a crime

requires proof of a criminal act and intent. or an act does not make a

defendant guilty without a guilty mind. or an act does not constitute guilt

unless done with a guilty intention.

6. Ad hoc – For the particular end or case at hand.

7. Alibi – At another place, elsewhere.

8. Amicus Curiae – A friend of court or member of the Bar who is appointed

to assist the Court.

9. Ante Litem Motam – Before suit brought; before controversy instituted, or

spoken before a lawsuit is brought.

10. Assentio mentium – The meeting of minds, i.e mutual assents.

11. Audi alteram partem – No man shall be condemned unheard.

12. Bona fide – In good faith.

13. Bona vacantia – Goods without an owner.

14. Boni judicis est ampliare jurisdictionem – It is the part of a good judge

to enlarge his jurisdiction, i.e. remedial authority.

15. Caveat – A caution registered with the public court to indicate to the

officials that they are not to act in the matter mentioned in the caveat without

first giving notice to the caveator.

16. Caveat actor – Let the doer beware.

17. Caveat emptor – Let the buyer beware.

18. Caveat venditor -Let the seller beware.

19. Certiorari – A writ by which orders passed by an inferior court is quashed.

20. Corpus – Body.

21. Corpus delicti – The facts and circumstances constituting a crime and

Concrete evidence of a crime, such as a corpse (dead body).

Also, it refers to the principle that ‘a crime must be proved to have occurred

before a person can be convicted of committing that crime.’ (This definition is

mostly used in Western Law.)

22. Damnum sine injuria – Damage without injury.

23. De facto – In fact.

24. De jure – By law.

25. De minimis – About minimal things.

26. De Minimis Non Curat Lex – The law does not govern trifles

(unimportant things) or law ignores insignificant details.

Or, A common law principle whereby judges will not sit in judgment of

extremely minor transgressions (offence, wrongdoings) of the law.

27. De novo – To make something anew.

28. Dictum – Statement of law made by judge in the course of the decision

but not necessary to the decision itself.

29. Doli incapax – Incapable of crime.

30. Detinue – Tort of wrongfully holding goods which belong to someone else.

31. Donatio mortis causa – Gift because of death. Or a future gift given in

expectation of the donor’s imminent death and only delivered upon the

donor’s death.

32. Estoppel – Prevented from denying.

33. Ex gratia – As favour.

34. Ex officio – Because of an office held.

35. Ex parte – Proceedings in the absence of the other party.

36. Ex post facto – Out of the aftermath, or After the fact.

According to Wikipedia, It is a law that retroactively changes the legal

consequences (or status) of actions that were committed, or relationships that

existed, before the enactment of the law. In criminal law, it may criminalise

actions that were legal when committed; it may aggravate a crime by bringing
it into a more severe category than it was in when it was committed; it may

change the punishment prescribed for a crime, as by adding new penalties or

extending sentences; or it may alter the rules of evidence in order to make

conviction for a crime likelier than it would have been when the deed was

committed.

37. Fatum – Beyond human foresight.

38. Factum probans – Relevant fact.

39. Fraus est celare fraudem – It is a fraud to conceal a fraud.

40. Functus officio – No longer having power or jurisdiction.

41. Furiosi nulla voluntas est – Mentally impaired or mentally incapable

persons cannot validly sign a will, contract or form the frame of mind

necessary to commit a crime. or a person with mental illness has no free will.

42. Habeas corpus – A writ to have the body of a person to be brought in

before the judge.

43. Ignorantia juris non excusat – Ignorance of the law excuses not or

Ignorance of the law excuses no one.

In other words, A person who is unaware of a law may not escape liability for

violating that law merely because one was unaware of its content.

44. Injuria sine damno – Injury without damage.

45. Ipso facto – By the mere fact.

46. In promptu – In readiness.

47. In lieu of – Instead of.

48. In personam – A proceeding in which relief I sought against a specific

person.

49. Innuendo – Spoken words which are defamatory because they have a

double meaning.

50. In status quo – In the present state.

51. Inter alia – Among other things.

52. Inter vivos – Between living people. (especially of a gift as opposed to a

legacy)
53. Interest Reipublicae Ut Sit Finis Litium – It means it is in the interest of

the state that there should be an end to litigation.

54. Jus cogens or ius cogens – Compelling law.

55. Jus in personam – Right against a specific person.

56. Jus in rem – Right against the world at large.

57. Jus naturale – Natural law.

Or in other words, A system of law based on fundamental ideas of right and

wrong that is Natural Law.

58. Jus Necessitatis – It means a person’s right to do what is required for

which no threat of legal punishment is a dissuasion.

Dissuasion means: the action or process of trying to persuade someone not to

take a particular course of action.

Question asked by one of you: I have a doubt about the maxim jus

necessitatis. Does it come under section 81 or 87 of IPC?

Answer: This is called the doctrine of necessity. It means a person doing a

thing under compulsion of situation. It is not considered a wrongful act. It

comes under the ambit of section 81 of IPC.

59. Jus non scriptum – Customary law.

60. Jus scriptum – Written law.

61. Jus – Law or right.

62. Justitia nemini neganda est – Justice is to be denied to nobody.

63. Lex non a rege est violanda – The law must not be violated even by the

king.

64. Locus standi – Right of a party to an action to appear and be heard by

the court and be heard by the court.

65. Mala fide – In bad faith.

66. Malum in se or Mala in se (plural) – Wrong or evil in itself.

Or, Mala in se is ‘A term that signifies crime that is considered wrong in and of

itself.’
For Example, Most human beings believe that murder, rape, and theft are

wrong, regardless of whether a law governs such conduct or where the

conduct occurs and is thus recognizably malum in se.

67. Malum prohibitum – In a way opposite of Malum in se.

It means ‘Crimes are criminal not because they are inherently bad, but

because the act is prohibited by the law of the state.’

For example, Jurisdiction in India requires drivers to drive on the left side of

the road. This is not because driving on the right side of a road is considered

immoral, but because the law says to drive on the left side and not on the right

side.

68. Mandamus – ‘We command’. A writ of command issued by a Higher

Court to Government/Public Authority, to compel the performance of a public

duty.

69. Mens rea – Guilty mind.

70. Misnomer – A wrong or inaccurate name or term.

71. Modus operandi – Way of working.

72. Modus Vivendi – Way of living.

73. Mutatis Mutandis – With the necessary changes having been made, or

with the respective differences having been considered.

74. Nemo bis punitur pro eodem delicto – Nobody can be twice punished

for the same offence.

75. Nemo debet bis vexari pro una et eadem causa – It means no man

shall be punished twice for the same offence.

76. Nemo debet esse judex in propria causa or Nemo judex in causa

sua or Nemo judex in sua causa – Nobody can be judge in his own case.

77. Nemo moriturus praesumitur mentire – A man will not meet his maker

(God) with a lie in his mouth or in other words ‘No man at the point of death is

presumed to lie.’ (This maxim is related to dying declaration)

78. Nemo Potest esse tenens et dominus – Nobody can be both a landlord

and a tenant of the same property.

79. Nolle prosequi – A formal notice of abandonment by a plaintiff or

prosecutor of all or part of a suit.

80. Novation – Transaction in which a new contact is agreed by all parties to

replace an existing contract.

81. Nunc pro tunc – Now for then. A ruling nunc pro tunc applies retroactively

to correct an earlier ruling.

82. Non Sequitur – A statement (such as a response) that does not follow

logically from or is not clearly related to anything previously said.

83. Obiter dictum – Things said by the way. It is generally used in law to refer

to an opinion or non-necessary remark made by a judge. It does not act as a

precedent.

In other words, Obiter dictum means “that which is said in passing,” an

incidental statement. Specifically, in law, it refers to a passage in a judicial

opinion which is not necessary for the decision of the case before the court.

Such statements lack the force of precedent but may nevertheless be

significant.

84. Onus probandi – Burden of proof.

85. Pacta Sunt Servanda – Agreements must be kept. or Agreements are

legally binding.

In International Agreements it means ‘every treaty in force is binding upon the

parties to it and must be performed by them in good faith.’

86. Pari passu – With an equal step. Read more about it on Wikipedia.

87. Particeps criminis – A participator in the actual crime/partner in crime.

88. Per curiam (decision or opinion) – By the court.

In other words, The decision is made by the court (or at least, a majority of the

court) acting collectively.

89. Per se – By itself.

90. Persona non grata – A person who is unacceptable or unwelcome.

Opposite of persona non grata is persona grata.

Also, In diplomacy, a persona non grata is a foreign person whose entering or

remaining in a particular country is prohibited by that country’s government.

91. Prima facie – At first sight.

92. Alimony – A husband’s (or wife’s) provision for a spouse after separation

or divorce; maintenance.
Palimony – Money which a man pays to a woman with whom he has been

living and from whom he is separated. Palimony has slightly different

meanings in different jurisdictions.

93. Per curiam – By a court.

94. Per incuriam – Because of lack of care.

95. Prima facie – On the face of it.

96. Quantum meruit – What one has earned. or The amount he deserves.

In other words, A reasonable sum of money to be paid for services rendered

or work done when the amount due is not stipulated (specified, written down)

in a legally enforceable contract.

97. Qui facit per alium, facit per se – He who acts through another acts

himself.

In simple words, It is a fundamental legal maxim of the law of agency. It is a

maxim often stated in discussing the liability of the employer for the act of

employee in terms of vicarious (indirect, secondhand) liability.

98. Quid pro quo – Something for something.

99. Qui sentit commodum, sentire debet et onus – It means he who

receives advantage must also bear the burden.

100. Quo warranto – By what authority. A writ calling upon one to show

under what authority he holds or claims a public office.

101. Ratio decidendi – Principle or reason underlying a court judgement. or

The rule of law on which a judicial decision is based.

102. Respondeat superior – Let the master answer.

For example, There are circumstances when an employer is liable for acts of

employees performed within the course of their employment. This rule is also

called the master-servant rule.

103. Res ipsa loquitor – The thing speaks for itself.

104. Res Judicata – A matter already judged.

105. Res Judicata Pro Veritate Accipitur – It means that a judicial decision

must be accepted as correct.

106. Rex non protest peccare – The king can do no wrong.

107. Salus populi est suprema lex – The welfare of the is the supreme law.
108. Status quo – State of things as they are now.

109. Sine die – With no day (indefinitely).

110. Sine qua non – “without which nothing”. An essential condition. A thing

that is absolutely necessary. Basically a component of an argument that, if

debunked, causes the entire argument to crumble.

111. Suo Motu – On its own motion.

112. Uberrima fides (sometimes uberrimae fidei) – Utmost good faith.

113. Ubi jus ibi remedium – Where there is a right, there is a remedy.

114. Veto – Ban or order not to allow something to become law, even if it has

been passed by a parliament.

115. Vice versa – Reverse position.

116. Vis major – Act of God.

117. Volenti non fit injuria – Damage suffered by consent gives no cause of

action.
In other words, If someone willingly places himself in a position where he

knows that harm might result, then he is not able (allowed) to bring a claim

against the other party in tort or delict (a violation of the law).

118. Vox populi – Voice of the people. or The opinion of the majority of the

people.

119. Waiver – Voluntarily giving up or removing the conditions.

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 EXTRA GYAN
Most lawyers love to throw around Latin phrases. The reason for this is that ancient
Rome's legal system has had a strong influence on the legal systems of most western
countries. After all, at one time, the Romans had conquered most of Europe, the
Middle East, and North Africa. The Roman motto was divide et impera (dee-vee-deh
eht im-peh-rah) — "divide and conquer." As they conquered nations, they set out to
"Latinize" the "barbarians" (anyone who wasn't Roman). Their goal was to teach them
how to think, act, and be like real Romans. As the Roman Empire slowly crumbled
and disappeared, the new orders in all these lands gradually adapted the existing legal
system. England (and most of its former colonies) and the United States of America
use a variation of the old Roman law called "Common Law." This is why lawyers
today love those Latin phrases! (Well, that and the fact that you can't get out of law
school without mastering them.) This article gives you the information that you need
to make sense of what your lawyer, judge, or parole officer is saying. Knowing what a
sentence or phrase, like "The case is now sub judice (sub you-dee-kay)" or "What you
are proposing is contra legem (kon-trah lay-ghem)," means, can help — even when
you're just watching Court TV or The Practice. English legal terms are full of Latin
words and phrases. Several of these terms are so common, you use them today
without any problem or confusion. Take these words for example:

• alibi (ah-lee-bee; elsewhere, at another place). If you're asked to provide an

alibi for your whereabouts, you know that you need to tell where you were
when a crime occurred to prove that you couldn't have been the one who did
the awful deed.
• alias (ah-lee-ahs; at another time, otherwise). Today, alias often refers to an
alternative name people generally use to conceal their identity. "John Smith
alias Henry Taylor alias Clyde the Hustler" means John Smith is otherwise
known as Henry Taylor who is otherwise known as Clyde the Hustler.
• per se (purr say; by itself). Also meaning "as such" in English usage, per se is
used casually in English conversations: I didn't call him stupid, per se. I simply
said he had plenty to learn.
• versus (wer-soos; turned). Often abbreviated as vs., the more common English
meaning is "against" or "in contrast to": In the case Roe versus Wade, privacy
in cases of abortion was an issue.
 • Latin Legal Terms Dictionary This small collection of most widely used
Latin words and expressions from the legal jargon is a gem. Many of these
Latin terms are used in modern legal terminology.

Term or Literal English

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

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