Professional Documents
Culture Documents
* IN MY OWN WORDS
With time being such a valuable and extremely limited commodity for most folks these days, this entire Legal Study Aid has been specifically
designed to maximize both your comprehension as well as retention potential while optimizing with key efficiency your limited study time while
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also accelerating greatly each particular individual’s own unique natural learning curve. This Moorish Study Guide is a truly evolutionary break-
Concurrent Writ WRIT DE H(AE)RETICO COMBURENDO WRIT OF COVENANT WRIT OF ERROR CORAM NOBIS
Original Writ WRIT DE RATIONABILI PARTE BONORUM WRIT OF DELIVERY CIRCLE 7 HOLY KORAN
Patent Writ WRIT OF AD QUOD DAMNUM WRIT OF DETINUE Moorish Science Temple of America
Peremptory Writ WRIT OF ASSISTANCE WRIT OF DOWER Prophet Noble Drew Ali
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INDEX CONTINUED
Return To Index
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“Far beneath the foundation of your intellect, your CULTURE lays out the template
for your worldview upon the core belief systems that define your perception of exist-
ence. The basic assumptions that support your notion of reality are not seen by you
as assumptions at all - they are totally accepted, without question, as the most solid of
all facts. That is simply the nature of culture - belief at the bone and sinew level of
your awareness.”
With our Native (Aboriginal and Indigenous) CULTURE usurped, our Family Names
and true identities striped away along with our most profound identity anchors, our under-
standing of Self and our Natural Connection to our understanding of our Creator (the source
and governing Law(s) of all which is, ever was and/or ever will be) there exists a profound
created in a manner which takes into account our Moorish Community’s lack of resources
as they (our reemerging resources) go about the task of restoring the knowledge they im-
part. This book will hopefully be one which serves as an example as to the manner in
which a much higher degree of rich Moorish creativity may be employed in such learning
vehicles now being designed with the express purpose, design and objectives of not only
re-stimulating our uniquely inherent intellects (in which we have been so graced;) but in
fact also substantially aid in the actual recalibration of our physical and spiritual beings in
tandem equally. With each successful attempt of this kind, we propel ourselves closer to
returning to the “Mindset of Our Ancient Forbearers” as our Honorable Prophet Professor
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Most folk lack interest in, or patience for lengthy prefaces or forwards and fall victim to
their eagerness to hastily zip past the preliminaries and immediately dive directly right into
sinking their teeth into the meat of a book; often without even pausing to question wether
or not they should take the time in seeing if there may be something of critical importance
in the usually boring intros which might offer any significant added value to their reading
experience or even the longer lasting walk-away wisdoms a book may have to impart.
Well, as fact will demonstrate, although our anticipation and expectations may push us to
get on with or/to what we may feel is the REAL and more important factual parts of a
Reference Book, its diagrams, examples and/or its important How To elements, we having
been so thoroughly programmed over time into a miss-wired Western Cultured Goal Ori-
ented Endpoint Driven frame of mind that we often bypass the experience of enjoying the
Such a misappropriation of emphasis often squanders rich opportunities for the reason that
more often than not, the tastiest and most nourishing parts of life lies in experiencing the
process, not in attaining the goal. There’s truth in the Old Moorish saying: “The Beer’s
Better Than The Burp.” So, I encourage you to take your time in your reading and enjoying
this treatise. Despite this book being a Reference Guide, it is also a Labor of Love in which
I have taken my time to make as enjoyable as it is informative. You will no doubt find in
really quick order that this book is ….. well….. very different than most books of its kind.
And as such, it requires a very different approach. The preface you are now reading is an
integral part of the story. Yes, I said story and JOURNEY! Hopefully an adventure which
will leave you wanting to read it again or at a minimum encouraging others to take the ride
you yourself have just enjoyed. Because this work blazes an original trail often far off the
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beaten path as a means of driving home important insights which will hopefully stay with
you forever being always available to your instant recall, understanding the unique manner
in which this book has been constructed and the technological devices utilized in making
it a unique and deferent sort of lasting experience, will help you in squeezing every penny
of value out of your read just as it should be for any item in which you’ve invested your
time, energy and Fiat! After all, even though there’s no real money, you still have to work
just as hard not to have it. And as you continue, you’ll find that you have in no manner
wasted any hard earned resources and hopefully find it to have been quite a bargain and
well worth while investment. One you will refer to and continue using for many years to
come.
First I would like to begin this book with an appropriate and very sincere
Thank You
to all of you who have relinquished your hard earned monetary resources purchasing your
authorized edition of “THE RIGHT WRIT” ( A Moor’s Practical How To Manual For Construct-
ing Effective Writs.) As one who has for quite some time avidly despised Shady Packet Deal-
ers ripping off our community, selling boiler plate packets which offer little if any mean-
ingful lasting insights and/or and true and significant intrinsic value as to the actual nature
and/or greater functional utility of the hodgepodge packages they peddle. And as equal to
my distrain for these Ripoff Artist is the pride I have in having created this particular ac-
complishment. Being able to manifest and finally provide an actual Reference Guide on
this extremely important and much needed subject matter has been quite fulfilling. A cre-
ative endeavor which I sincerely hope will stand respected in our community as a resource
of real and sustaining value to many for quite some time to come.
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This Reference Guide is written in a manner which will not only provide you with a very
handy and easy to understand vehicle for looking up particular Legal Writs, gathering use-
ful insights as to their particular usage as well as a means of quickly placing your hands on
a plethora of meaningful real-world instruments and examples you may trust to aid anyone
interested in knowing the Right Writ To Write when one needs to construct an EFFEC-
TIVE document to meet the unique needs of a given situation which you may have encoun-
This book you will find provides a very straight and forward thinking common sense ap-
proach to real-world scenarios in a manner which will afford its reader easy to use time-
saving mechanized in the form of active hyperlinks positioned throughout which will help
you quickly locate every subject and issue in short order, easily without breaking your flow
of thought, interest and/or comprehension in the material being provided. HERE’S ONE
EXAMPLE which may help you understand how this Guide is structured. Further, clicking
upon the Bright Blue Links such as THIS ONE will either act as an Internal Bookmaker
Link capable of transporting you to another related area within this same book e.g. THE
transporting you to the sources of further valuable reference material existing elsewhere on
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After your reading of this book, you should feel significantly at ease in the task of Con-
structing An EFFECTIVE Writ! If read correctly, this book should also be a source of
significant personal growth. This is a book in which you should pace yourself by depth of
from concept to concept the way an over-indulged child pursues presents Christmas Morn-
ing. Take Your Time. The information, concepts and reasonings contained contained in
this book is information you’ll want to throughly absorb to an extent that it will be well
rooted in your long term memory; not simply stored temporarily in the short term regions
of your brain. You will find there to be a profound difference between relegating the im-
portant concepts you will find here to your physical Brain’s short term memory, apposed
to registering them securely within your conscious MIND’s (cognitive) Long Term prov-
inces, where true comprehension resides, consistently ensuring you an ever present acces-
sibility to instant recall of this invaluable information. And if you are of a nature which
will allow you the indulgence of ingesting the information contained here in the manner as
intended, profound changes will occur in your familiar assumptions, beliefs and reality
I’ll also employ here what I call “Side- Bars” identified by the icon “V” icon:
(shown above) which will serve to afford me the opportunity of instilling certain historical
and/or hopefully useful narrative insights along the way. These Side-Bars will provide not
only a means of driving home certain particulars often hidden within important underlying
message; but also, as a means of reconnecting certain important related concepts which
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(due to decades and even centuries of very intentional mind altering “miss” and disinfor-
certain contrived or Matrix-designed realities and historical and/or sociological facts which
hensions.
With that having been said, this Reference Tool was of course first and format effectuated
as a means of providing you an extremely handy and quite user friendly vehicle for finding
the right answers to questions you may have regarding WITS in general.
was not until the ever escalating number of Body Bags from
America’s Vietnam debacle brought home in “Technicolor” a profound change in the gen-
eral citizenries’ long-held naiveté. This became even more profound within the public’s
fertile festering social unrest following the assassinations of Martin Luther King, Jr., and
the Kennedy Brothers (President John F. and Mass. State Senator Robert or Bobby, Ken-
nedy). With these socially traumatizing events captivatingly placing America’s actions
(perhaps for the first time) squally in a new light of reveal, one which as never before began
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bringing about a newfound awareness in the minds of the general public that “They” were
(for the first times in their minds) no longer being viewed as “THE GOOD GUYS”; a
Moral Dilemma began manifesting which (in the minds of the Powers To Be) needed to be
quickly arrested. With this, the Public School System began its stealth replacement of
teaching Civics. You see, . . . “CIVICS” educated children on the subject of what they
should know and understand regarding their God Given Inalienable Rights and their natu-
ral/innate Power (as “THE PEOPLE”) over Government. What replaced it (it being CIVICS) was
an ALL NEW and completely counter Paradigm called "Social Studies”; which focused
which it was created to serve. Basically, The Constitution was far more than simply on its
way out. Within one generations’ reprograming having been so successfully drilled into
the minds of all primary-school aged children as being the new mandatory way of think-
ing via the new curriculum “Social Studies”, Constitutional Norms and the citizenries’
that even before this generation was old enough to have children of their own, even the
word CIVICS had fallen from the average American’s common lexicon of familiar terms.
And now, in this third generation since occurrence of that major Social Paradigm Shift
most people are actually surprised when learning of or about the God Given Rights they
have always possessed but know nothing of, other than perhaps as a vague or foggy
memory of something they think they may have heard one afternoon in eliminatory school
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The above illustrative Side-Bar example was this Preface’s way of interjecting a histori-
cally relevant social paradigm shift appropriately to not only convey more meaningfully
the content but even more so to interject the proper context of the biological, psychological
and impactive sociological changes (Phycological Warfare) purposely perpetrated upon the
actual anatomy of the Citizenries children’s, physically rewiring their actual Brain Matter
in a manner which would serve to obliterate and eradicate the heretofore commonly under-
stood Constitutionally Guaranteed God Given Inalienable Rights from the Minds of the
So, as illustrated, this Preface provides a guide as to a means of reaping (and hopefully
full benefit(s) within even the most subtle nuances of what’s about to be imparted. Be-
cause, these subtle nuances (once understudied) will surely prove to be of great value in
not only knowing How To Write An Effective Writ, but also becoming well versed in your
own knowing best to whom or to what (as well as when) which writ or combination of
writs should be written to best serve your given scenario. You’ll come to find that there
are even Writs (such as Writs of Prevention) which can and should be written preemptively
before an event even occurs which if effectuated correctly (as I will demonstrate) has the
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Jonathan Bey, the Author of this Practical Manual To Constructing Effective Writs served
nearly 30 years as The Executive Legal Professional at one of America’s Top 10 Intellec-
tual Property Law Firms (Twenty-nine to be exact). Two years of the 30 was spent as a
transitional period following his Honorable Discharge and completion of his two terms of
Coast Guard (Humanitarian )Military Service, working at the Law Offices of Browdy and
Neimark, a Law Firm in South West Washington, DC where he honied his research skills
within the field of Intellectual Property Law (I.P. (Patents, Trademarks, Copyrights and
In My Own Words:
Having worked as a member of the Coast Guard’s 5th Distric’s Public Affairs Office, not
long after that particular Office was created as a testament to the exceptional creative skills
of my predecessor, the Coast Guard’s first Chief Journalist and renowned author of the
book ROOTS, Alex Hallie; I found the carer shift from being a Military Researcher with a
be (for me) a very natural transition. Both required an extremely serious and detailed ori-
ented work ethic, a well grounded sense of morality and a sincere and honest eagerness to
work extremely long hours within a discipline requiring an elevated degree of trustworthi-
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ness, and above all else the ability to work under enormous degrees of stresses for excep-
tionally long periods of time. After all, as the Senior Paralegal and Managing Director of
The Technology Research Departments for Armstrong’s main Washington, D.C. (K-
Street) Office as well as the firm’s Baltimore, Detroit, Pittsburgh and Tokyo Offices, I had
not only the final say, but also, the Ultimate Responsibility of saying wether or not Millions
of Dollars would be spent on securing proposed Patents on future technologies and even
much more expended on the actual development, manufacturing and marketing of emerg-
ing products for such client companies as Honda, SONY, Panasonic Bosh & Lomb, several
major Pharisaical and Agricultural conglomerates and a large number of other Globally
or not these companies should proceed with their very significant (multi-
also The Firm’s Senior Partner’s and Head of Litigation’s Right Arm responsible for lo-
cating the singular key elements to winning cases before U.S. Patent Office’s Patent &
Trademark Board of Appeals, The Library of Congress Tribunal and The U.S. Federal
Trade Commission. Over my 29 years with the firm we never lost a case!
Although my day job was my Bread and Butter means of meeting my personal financial
responsibilities; paying off mortgages, car loans, putting kids through collage and the rest
of what it takes to ensure a reasonable existence for my family; my true passion was in
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building the EMMY Award Winning Music Production and Multimedia Company USAu-
dio, Inc. serving as its Founder and CEO for the same number of years until selling the
company, Proclaiming my Nationality and moving to Florida where I now reside and spend
the lion’s share of my time managing the affairs of The MoorishDirectory.com, Ac-
among other civic minded endeavors, i.e. developing the Free Moor App currently availa-
ble through both Google Play and Apple Store, The Moorish History Timeline Platform
and a number of other socially important Aboriginal and Indigenous Community Based
Projects.
In addition to authoring several books prior to the one you are currently reading, I have
Newsletters and continue with vigor the expansion of my ongoing Moorish Informational
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The introduction offered within Sheldon Amos’ 1888 authoring of: “THE SCIENCE OF
LAW” (shown above from my personal library of books on this subject) provides important
insight in its distinguishing the long history which may be attributed to The Science of
Jurisprudence and (in that particular treatment and/or any others of its kind) addresses first
distinguished historical evolution which begin (for all intent) in Ancient Egypt, and later
finding new forms of accepted interpretation(s) evolving to form what would over the
Orders, which in turn shaped the base foundations of our current day America’s Colonial
Legal System. Or wether, to give greater immediate focus to not as much its history, but
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to the Nature and reasoning of its Nature, Power and Limitations. Fortunately, this
(“THE RIGHT WRIT”) is not a book of that kind, but is rather much more so one
which will focus on the Practical Modern Day Real-World Aspects of only one of the
The purpose however of mentioning the above work by Amos was to give emphasis to the
fact that Jurisprudence is a “SCIENCE”, in that it is based upon a set of firm Rules and
Methodologies, which in fact are of a Cosmic Origin called Divine Law. But that inter-
esting fact is one which could easily take an entire book on its own to unfurl. Because I’ve
already taken the time to detail with a much grater degree of specificity the importance of
HASSLE FREE EXISTENCE”, (in which this book may in fact (once completed) be
formalized process which are carried out under a strict discipline of Methodologies.
Methodology | ˌmeTHəˈdäləjē |
noun (plural methodologies)
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A system of methods used in a particular area of study or activity: a methodology for in-
vestigating the concept of focal points | courses in research methodology and practice; as
With the key term above being the word “PRACTICE” as in an Attorney’s LAW PRAC-
Art, or device which is practiced yet never mastered for the simple reason of the fact that
their is and always will remain but only one Master of ALL LAW (Allah).
LAW,
AS A MATTER OF PRACTICE
With the subject of LAW being a matter made up of a vast array of disciplines covering
virtually every profession and cause and action man could possibly devise, it is not difficult
to see why their are entire Internationally Renown Libraries Dedicated to the subject, with
the Library of Congress just being one. Further, each of the individual disciplines which
make up the mammoth compilation of Practices, from Maritime Law, to Contract Law,
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Intellectual Property Law, Commerce Law, International Trade Law, Insurance Law, Re-
tirement Benefits Law, Tax Law, Criminal Law, and I could go on and on in encomium to
dwell for pages on the subject, rather to save you from that ordeal will simply say that each
area of the Law is Specific onto itself. Case in point, one would be ill-advised to seek help
from one who may be a relative expert jurist on the arena of Maritime Law or Entertain-
ment Law when the issue at hand is (let’s say) an area of the Law which pertains to perhaps
something specific to the finer legalities which may be relative to a particular municipali-
An Entertainment Lawer would most likely not have a clue, even if he or she were born
and rase in the same city or town in question. That’s all to say that, simply because one
manner a worthy source of reliable information in all. Law is both simultaneously Broad
and Specific! And that one overriding reality is one of the main reasons as to why it has
stress the fact that this book nor any of the example in it should be misinterpreted as me
having provided legal advice. And even further, NO BOOK ON THIS SUBJECT should
ever be considered to have the last say on the subject, nor stand to be considered as a work
which has provided an assured panacea or catchall remedy to all Legal issues which may
arise. And although I may in fact have been the key factor as to why we the firm I worked
for never lost a case over the 30 years in which I was in charge of their Professional Liti-
gation Research Staff, I still keep on my bed-side night stand (in addition to Black Law’s
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4th Edition and the full Edition of Bouviers Constitutional Legal Dictionary) a copy of
With that required disclaimer having been said, I can assure you that the material you will
receive in the course of your reading here will be of significant value to anyone wanting to
know the answer to the question How Do I Write An EFFECTIVE Writ, as well as
one might best go about determining exactly which sort or kind of Writ To Right.
This book has come into begin to answer that all important
When I look back over the course of all of my many entrepreneurial ventures there exists
a common thread which binds them all. “A NEED EXISED” which I recognized myself
qualified to address. The same stands true with respect to this endeavor. There existed a
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clear and definitive need in our community for a handy reference which the average indi-
vidual could pick up, read and understand that they too have it within their ability to Write
An Effective Writ.
Out of all of the many questions received over my years as a Active Moorish Community
Activist, the one question which in all its many forms and permutations always inevitably
seems to resurface; be it by e-mail, Letters, Phone Conferences, Internet Blogs and/or Live
Community Seminars as well is: “Can I provide the name of a reliable reference source
which will show me How To Write A Writ”, when a better question would be: Can I
reliable reference source which will detail for me How To Write An EFFECTIVE Writ”
This singular burning issue weighing heavily on the minds of so many newly enlightened
Moors is a matter which should be examined as would any critically important and Scien-
tific Methodology, in that Writs (or at least well constructed effective writs) are, as you
will come to find, the Key and Cornerstone Aspects to any well laid legal strategy. And
not a matter to be taken lightly in ANY MANNER! Writs are also however (unfortunately)
a topic which in comparison to their importance are just as equally misunderstood by many.
So, with that fact its is best that we start at the very basics of first, What is A WRIT, next,
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how should one view “A WRIT”, What are some of the various more important forms of
Now we’ll take a look at what a “WRIT” is, the many various kinds of which exist and
their particular usage, which is the most critical element to understand as you build and
develop the various skillsets required in the art of crafting truly EFFECTIVE writs.
1
| rit |
A noun
a form of written command in the name of a court or other legal authority to act, or ab-
• (one's writ) one's power to enforce compliance or submission; one's authority: you have
ORIGIN
Old English, as a general term denoting written matter, from the Germanic base of write.
2
| rit |
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As A verb
PHRASES
writ large
clear and obvious: the unspoken question writ large upon Rose's face.
• in a stark or exaggerated form: bribing people by way of tax allowances is the paternal-
Some are simply personal and/or non-specific notes or letters, while others tend to be far
more specific in nature and must adhere to a plethora of form and formality with factually
correct detailed legal reasoning of all manner which cover the entire breath of disciplines
spanning the entire gambit and spectrum of LAW. Many kinds well known and frequently
utilized, with others being extremely archaic (yet no less effective) in nature.
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A precept in writing, coupled in the form of letter, run-ing in the name of the king, presi-
dent, or state, issuing from a court of justice, and sealed with its seal, addressed to a sheriff
or other officer of the law, or directly to the person whose action the court desire to com-
mand, either as the commencement of a suit or there proceedings or as incidental to its
progress, and requiring the performance of a specified act, or giving authority and com-
mission to have it done.
A mandatory precept issuing from your of justice. Poirier v. East Coast Realty Co., 84 N.H.
461, 154 A. 612, 613. Process. State ex rel. Walling v. Sullivan 245 Wis. 180, 13 N.W.
2d 550, 555.
As for the subject of Legal and Lawful Writs there are many. The following the this next
immediate fact of generalities is a list of some of the more readily known instruments:
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on (delivered in person to) the wrongdoer and acted as a command that he should appear
at a specified time and date before the court specified in the writ, or it might command
some other act on the part of the recipient.
Where a plaintiff wished to have a case heard by a local court, or by an Eyre if one hap-
pened to be visiting the County, there would be no need to obtain a writ. Actions in local
courts could usually be started by an informal complaint. However, if a plaintiff wished to
avail himself of Royal — and by implication
superior — justice in one of the King's courts, then he would need a writ, a command of
the King, to enable him to do this. Initially for common law, recourse to the King's courts
was unusual, and something for which a plaintiff would have to pay. For most Royal
Courts, the writ would usually have been purchased from the Chancery, although the court
of the Exchequer, being in essence another government department, was able to issue its
own writs.
In COMMON LAW, a writ (Anglo-Saxon gewrit, Latin breve) is a formal written order issued
by a body with administrative or judicial jurisdiction in modern usage, this body is generally a
court. Warrants, prerogative writs
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• certiorari, an order by a higher court directing a lower court to send the record in a given
case for review;
• habeas corpus, demands that a prisoner be taken before the court to determine whether
there is lawful authority to detain the person;
• mandamus, an order issued by a higher court to compel or to direct a lower court or a gov-
ernment officer to perform mandatory duties correctly;
• prohibition, directing a subordinate to stop doing something the law prohibits;
• procedendo, to send a case from an appellate court to a lower court with an order to pro-
ceed to judgment;
• quo warranto, requiring a person to show by what authority they exercise a power.
Additionally, scire facias, one of the extraordinary writs, was once known as a prerogative writ.
and subpoenas are common types of writ, but many forms exist and have existed.
In its earliest form a writ was simply a written order made by the English monarch to a specified
person to undertake a specified action; for example, in the feudal era a military summons by the
king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and
time. An early usage survives in the United Kingdom and Canada in a writ of election, which is
a written order issued on behalf of the monarch (in Canada, the Governor General) to local offi-
cials (High Sheriffs of every county in the historical UK) to hold a general election. Writs were
used by the medieval English kings to summon persons to Parliament,[3] (then consisting primar-
ily of the House of Lords) whose advice was considered valuable or who were particularly influ-
ential, and who were thereby deemed to have been created "barons by writ".
Origins
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The writ was a unique development of the Anglo-Saxon monarchy, and consisted of a brief ad-
ministrative order, authenticated (innovately) by a seal. Written in the vernacular, they generally
made a land grant, or conveyed instructions to a local court. William The Conqueror took over
the system unchanged, but was to extend it in two ways: first, writs became mainly framed in
Latin, not Anglo-Saxon; second, they covered an increasing range of royal commands and deci-
sions. Writs of instruction continued to develop under his immediate successors, but it was not
until Henery the Second that writs became available for purchase by private individuals seeking
justice, thus initiating a vast expansion in their role within the common law.
Writs could take two main forms, open (patent) for all to read, and 'letters close' for one or more
specified individuals alone.
The development of writs as a means of commencing a court action was a form of "off-the-shelf"
justice designed to enable the English law courts to rapidly process lawsuits by allocating each
form of complaint into a standard category which could be dealt with by standard procedures.
The complainant simply applied to the court for the writ most relevant to his complaint to be sent
to the wrongdoer, which ordered him under royal authority to attend a royal court to answer for
his actions. The development was part of the establishment of a Court of Common Pleas, for
dealing with commonly made complaints by subjects of the crown, for example: "someone has
damaged my property". The previous system of justice at the royal court of Chancery was tailor-
made to suit each case and was thus highly time-consuming. Thus eventually the obtaining of a
writ became necessary, in most cases, to have a case heard in one of the Royal Courts, such as
the King's Bench or Common Pleas. Some franchise courts, especially in the Counties Palatine,
had their own system of writs which often reflected or anticipated the common law writs. The
writ was "served" on (delivered in person to) the wrongdoer and acted as a command that he
should appear at a specified time and date before the court specified in the writ, or it might com-
mand some other act on the part of the recipient.
Where a plaintiff wished to have a case heard by a local court, or by an Eyre if one happened to
be visiting the County, there would be no need to obtain a writ. Actions in local courts could
While originally writs were exceptional, or at least non-routine devices, Maitland suggests that
by the time of King Henry II (1154-1189), the use of writs had become a regular part of the sys-
tem of royal justice in England.
At first, new writs were drafted to fit each new situation, although in practice the clerks of the
Chancery would use wording from previously issued writs, with suitable adjustments, often
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taken from reference books containing collections of forms of writ, much as in modern times
lawyers frequently use fixed precedents or boilerplate, rather than re-inventing the wording of a
new legal document. The problem with this approach was that a plaintiff's rights and available
forms of action at his disposal, would be defined, and in most cases limited, by the limited vari-
ety of writs available to him. Thus the power to create new writs was akin to the power to create
new rights, a form of extra-parliamentary legislation. Moreover, a writ, if one could be found fit-
ting the plaintiff's case, provided the legal means to remove the dispute from the jurisdiction of
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Over time, the royal courts began to take notice of other cases. These early writs were in the praecipe form: they commanded that the defendant perform a certain act or
else appear and explain why he had not done so. Examples include the writs of covenant, debt and account. Such writs demanded something as of right.[2] The royal courts
were initially only concerned with complaints of wrong if the wrong involved a forcible breach of the King's Peace. Such wrongs were enforced by a writ of trespass vi et
armis contra pacem regis. During the 14th century the royal courts gradually allowed actions which did not involve breaches of the King's Peace. Instead, the plaintiff
would set out his 'special case' in an extra clause, specifying the damage sustained which justified the bringing of an action. This was known as a trespass on the case. From
the trespass on the case developed many other forms of action. Apart from the actions which dealt with real property, other significant forms of action include:
• Action of covenant
• Action of debt sur obligation ("Debt on an obligation")
• Action of debt sur contract ("Debt on a contract")
• Action of detinue
• Action of account
• Trespass vi et armis contra pacem regis ("Trespass with force and arms against the King's peace")
• Trespass sur la case ("Trespass on the case" or "action on the case")
◦ Conversion
◦ Nuisance
◦ Negligence
◦ Deceit
◦ Action on the case for words (Defamation, Slander)
◦ Assumpsit
▪ Special assumpsit
▪ Indebitatus assumpsit
▪ Action for money had and received to the plaintiff’s use
▪ Action for money paid to the defendant's use
▪ Quantum meruit
▪ Quantum valebant
Many actions developed from the action on the case during the later history of the common law. The three most significant of these were:
• The action of assumpsit, the rapid expansion of which is traced to Slade’s Case (1602). The medieval law of contract developed in a fractured way
through the old actions of covenant, debt and account. In the 1500s litigants began to use the action on the case to enforce contractual agreements (with the exception of
contracts under seal, for which debt sur obligation was required), a shift vindicated in Slade's Case. The modern Law of Contract then gradually began to take shape.
• The action of indebitatus assumpsit. Following the recognition in Slade's Case (1602) that assumpsit could be brought in lieu of debt sur contract,
a form of action known as indebitatus assumpsit took shape. This action developed several sub-forms known as the common money counts. These actions were initially
used to enforce what we would call contractual liability, but they rested on the court implying that a defendant had promised to pay a sum of money to the plaintiff. This
promise initially reflected reality, but came to be used fictitiously. Thus where A mistakenly paid money to B, the law would imply a promise by B that B would repay
the money: A could then bring an action for money had and received and recover the mistaken payment. The defendant's obligation was not consensually undertaken, but
imposed by law. From such actions came the Law of Quasi-Contract. This area of law is now known as the Law of Unjust Enrichment.
• The action on the case for negligence, the rapid expansion of which is traced to Donoghue v. Stevenson [1932]. The tort of negligence lies at the
heart of the modern law of tort Law of Tort, which also includes obligations enforced via the old actions of trespass (to the person, to goods, and to land), actions on the
case, conversion, deceit, and defamation.
England
the local court, often controlled by a lesser noble, and instead have it heard by the King's judges.
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The nobility thus saw the creation of new writs as an erosion of their influence.
Over time, opposition to the creation of new writs by the Chancery increased. For example, in
1256 a court was asked to quash a writ as "novel, unheard of, and against reason" (Abbot of
Lilleshall v Harcourt (1256) 96 SS xxix 44). Ultimately in 1258 the King was forced to accept
the Provisions of Oxford, which among other things, prohibited the creation of new forms of writ
without the sanction of the King's council. New writs were created after that time only by the ex-
press sanction of Parliament and the forms of writ remained essentially static, each writ defining
a particular form of action. It was the role and expertise of a solicitor to select on his client's be-
half the appropriate writ for the proposed legal action. These were purchased from the court by
payment of a fee. A barrister would then be hired by the solicitor to speak for his client in court.
Rationalization of writs
With the abolition of the Forms of Action in 1832 and 1833, a profusion of writs was no longer
needed, and one uniform writ came into use. After 1852 the need to state the name of the form of
action was also abolished. In 1875 the form of writ was altered so that it conformed more to the
subpoena used in the Chancery. A writ was a summons from the Crown, to the parties to the ac-
tion, with on its back the substance of the action set out, together with a 'prayer' requesting a
remedy from the court (for example damages). In 1980 the need for writs to be written in the
name of the Crown was ended. From that time, a writ simply required the parties to appear.
Writs applied to claims that were to be heard in one of the courts which eventually formed part
of the High Court of Justice. The procedure in a County Court, which was established by statute,
was to issue a 'summons'.
In 1999 the Woolf Reforms unified most of the procedure of the Supreme Court and the County
Court in civil matters. These reforms brought in the Civil Procedure Rules. Under these almost
all civil actions, other than those connected with insolvency, are now commenced by the comple-
tion of a 'Claim Form' as opposed to the obtaining of a 'Writ', 'Originating Application', or 'Sum-
mons' (see Rules 7 and 8 of the Civil Procedure Rules).
Writ of Election
In some Westminster systems, for example Canada and some other parliamentary systems, the
phrase 'dropping the writ' refers colloquially to a Dissolution of Parliament and the beginning of
an election campaign to form a new one. This phrase derives from the fact that to hold an elec-
tion in such a system a writ of election must be issued on behalf of the monarch ordering the
High Sheriffs of each county to set in motion the procedure for elections.
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• The writ of habeas corpus, usually used to test the legality of a prisoner's detention, has
expressly been preserved. It is explicitly mentioned in the United States Constitution
(Art. 1, § 9, cl. 2). In the United States federal courts, the writ is most often used to re-
view the constitutionality of criminal convictions rendered by state courts. The writ's ap-
plication does not stop there: the Supreme Court has held the writ of habeas corpus open
to all individuals held by the federal government, including Guantanamo Bay detainees.
See Boumediene v. Bush.
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Includes provisions setting the number of justices at 9 and defining a quorum as any 6, setting the terms of court, and determining salaries
Part IV—Jurisdiction and Venue
• Chapter 3: Courts of Appeals
Includes
This provisions
part deals withrelating to the composition
jurisdiction and venue. of circuits, the creation, composition and terms of courts, and the selection and employment conditions of judges
• Chapter 5: District Courts
Describes
• for each state
Chapter 81: the layout of
Supreme districts, divisions etc; describes the creation and composition of courts and the selection and employment conditions of judges; provides for replacement
Court
of•judges inChapter
cases of 83:
biasCourts
or prejudice
of Appeals
•• Chapter85:
Chapter 6: Bankruptcy judges Jurisdiction
District Courts;
•• Chapter87:
Chapter 7: United States
District CourtVenue
Courts; of Federal Claims
•• Chapter89:
Chapter 9: United States
District CourtRemoval
Courts; of Customs
ofand Patent
Cases Appeals
from State(repealed
Courts October 1, 1982)
•• Chapter90:
Chapter 11: [Omitted]
Court of International Trade
•• Chapter91:
Chapter 13: United
Assignment of judges
States Court toofother courts
Federal Claims
•• Chapter93:
Chapter 15: [Repealed]
Conferences (United
and councils of judges
States Court of Customs and Patent Appeals)
•• Chapter95:
Chapter 17: Court
Resignation and retirement
of International of justices and judges
Trade
•• Chapter97:
Chapter 19: Jurisdictional
Distribution of reports and digests
Immunities of Foreign States
•• Chapter99:
Chapter 21: General
General provisions
Provisionsapplicable to courts and judges
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• By statute, the Supreme Court of the United States uses the writ of certiorari to review
cases from the United States courts of appeals or from the state courts.
• In extraordinary circumstances, the United States court of appeals can use the common
law writ of prohibition under the All Writs Act to control proceedings in the district
courts.
• Some courts have held that in rare circumstances in a federal criminal case, a United
States district court may use the common law writ of error coram nobis under the All
Writs Act to set aside a conviction when no other remedy is available.
• The United States district courts normally follow state- in the United States federal courts
but are almost never used in practice. In modern times, the All Writs Act is most com-
monly used as authority for federal courts to issue injunctions to protect their jurisdiction
or effectuate their judgments.
The situation in the courts of the various U.S. states varies from state to state but is often similar
to that in the federal courts. Some states continue to use writ procedures, such as quo warranto,
that have been abolished as a procedural matter in federal courts.
In an attempt to purge Latin from the language of the law, California law has for many years
used the term writ of mandate in place of writ of mandamus, and writ of review in place of writ
of certiorari.
Prerogative Writs
The "prerogative" writs are a subset of the class of writs, those that are to be heard ahead of any
other cases on a court's docket except other such writs. The most common of the other such pre-
rogative writs are habeas corpus, quo warranto, prohibito, mandamus, procedendo, and
certiorari. Be sure to view above: Quo Warranto, Writ of Mandamus and Procedendo. These
particular writs (as you will note) are explained in even greater detail within this treat-
ment.
The due process for petitions for such writs is not simply civil or criminal, because they incorpo-
rate the presumption of non-authority, so that the official who is the respondent has the burden to
prove his authority to do or not do something, failing which the court has no discretion but to de-
cide for the petitioner, who may be any person, not just an interested party. In this they differ
from a motion in a civil process in which the burden of proof is on the movant, and in which
there can be a question of standing.
Other writs
• A writ of attachment permits the arrest of a person or the seizure of private property.
• A writ of audita querela inhibits the unconscionable use of a lawful judgment because of
matters arising subsequent to the judgment.
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• A writ of capias directs an officer to take into custody the person named in the writ or or-
der.
• A writ of coram nobis corrects a previous error "of the most fundamental character" to
"achieve justice" where "no other remedy" is available, e.g., when a judgment was ren-
dered without full knowledge of the facts.
• A writ of elegit orders the seizure of a portion of a debtor's lands and all his goods (ex-
cept work animals) towards satisfying a creditor, until the debt is paid off.
• A writ of error is issued by an appellate court, and directs a lower court of record to sub-
mit its record of the case laid for appeal.
• A writ of exigent (or exigend) commands a sheriff to summon a defendant indicted for a
felony, who had failed to appear in court, to deliver himself up upon pain of outlawry or
forfeiture of his goods.
• A writ of fieri facias (colloquially "fi fa") commands a sheriff to take and auction off
enough property from a losing party to pay the debt (plus interest and costs) owed by a
judgment debtor.
• A writ of mittimus orders either (1) a court to send its record to another or (2) a jailor to
receive the accused in his or her custody at any point during the investigative or trial pro-
cess.
• A writ of ne exeat restrains a defendant from fleeing the country or jurisdiction.
• A writ of praemunire instructs a sheriff to order someone to appear in court to answer for
any of a number of different crimes.
• A writ of scire facias revives a dormant judgment.
• A writ of supersedeas contains a command to stay the proceedings at law.[14]
• A writ of venire facias summons jurors to appear in court.[15]
Indian law
Note: This section is not to be mistaken as referring to the (So Called) American India, but is in
fact relative to the land in which individuals who are actually from the Nation: “INDIA” and is
only revival here to provide one a greater appreciation of the far-reaching nature of WRITS and
how WRITS in general have often been MISUED as a means and vehicle to provide a facsimile
of LAW as a means of creating FALSE LEGAL STANDING for a group of individuals desire to
steal (property and/or the legitimate God Given Rights) from others, as history shows as being
fact. This particular subject is relative to the British Colonization of Sovereign Contry of India.
Under the (SO CALLED) Indian legal system, jurisdiction to issue 'prerogative writs' is given to
the Supreme Court, and to the High Courts of Judicature of all Indian states. Parts of the law re-
lating to writs are set forth in the Constitution of India. The Supreme Court, the highest in the
country, may issue writs under Article 32 of the Constitution for enforcement of Fundamental
Rights and under Articles 139 for enforcement of rights other than Fundamental Rights, while
High Courts, the superior courts of the States, may issue writs under Articles 226. The
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Constitution broadly provides for five kinds of "prerogative" writs: habeas corpus, certiorari,
mandamus, quo warranto and prohibition.
• The writ of prohibition is issued by a higher court to a lower court prohibiting it from tak-
ing up a case because it falls outside the jurisdiction of the lower court. Thus, the higher
court transfers the case to itself.
• The writ of habeas corpus is issued to a detaining authority, ordering the detainer to pro-
duce the detained person in the issuing court, along with the cause of his or her detention.
If the detention is found to be illegal, the court issues an order to set the person free.
• The writ of certiorari is issued to a lower court directing that the record of a case be sent
up for review, together with all supporting files, evidence and documents, usually with
the intention of overruling the judgement of the lower court. It is one of the mechanisms
by which the fundamental rights of the citizens are upheld.
• The writ of mandamus is issued to a subordinate court, an officer of government, or a cor-
poration or other institution commanding the performance of certain acts or duties.
• The writ of quo warranto is issued against a person who claims or usurps a public office.
Through this writ the court inquires 'by what authority' the person supports his or her
claim.
While originally writs were exceptional, or at least non-routine devices, Maitland suggests
that by the time of King Henery II (1154-1189), the use of writs had become a regular part
of the system of royal justice in England.
With the mentioning of Maitland (above) I though here would be a very propriety place for
the placement of one of my sidebar junkets relative to IMPORTANT “PARADIGMS” OF
REALITY. With one of the most important paradigms of all modern ages being the subject
of race relations as it pertains to RACISM, its important to understand how this subject
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impacts so insidiously on every aspect of todays America and its most recent (300 years or
so) history.
The development of Racism as a Social Engineering Phenomena is at its very base level
Psychological Manipulation. An effective form of social influence designed to effect a
change in the perception or behavior of others through for the most part deceptive and/or
even abusive tactics. By advancing the interests of the manipulator, most often at another’s
expense, such coercive methods are most often exploitative, abusive, deviant and corrosive
in nature.
The transmutation of the word “BLACK” from an adjective to a noun and then de-
velopment of operative classification as an attempt to scientifically identify a so called
“Race” did not simply come into being on its own.
This mechanism like many “isms” was specifically designed and developed as a vehicle to
support the proliferation of very specific insidious agendas; tweaked and fine tuned as to
appear scientific in nature, than employed with the aim of being accepted (as it has been)
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as logical fact of reality to be vigorously utilized as a key social engineering tool across the
vast spectrum of our Global social construct.
The concept of there being a “Race” (a competition between opponents having a singular
goal, defeating the opponent) was initiated as a deceptive device invented and further en-
hanced and reinforced under the false color of science logic by the following three Euro-
peans:
François Bernier
Carl Linnaeus
• Carl Linnaeus (23 May 1707 – 10 January 1778), was a Swedish botanist physi-
cian, and zoologist, who laid the foundations for the modern biological naming
scheme of binomial nomenclature which is a formal system of naming species of
living things.
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• Johann Friedrich Blumenbach (11 May 1752 – 22 January 1840) was a German
physician, naturalist, physiologist and anthropologist who was said to be one of
the first to explore the study of mankind as an aspect of natural history. His teach-
ings in comparative anatomy were applied to the classification of what he called
human race’s’ of which he determined there to be five.
The above three named individuals are the Originators, INVENTORS and first De-
velopers of the popularly accepted misnomer known as the
THE
“RACE PARADIGM”
This contrived anomaly as a world view underlying the theories and insidious methodol-
ogy of this so called “scientific” subject has defined within it Four Specific Classification
Qualifiers.
The competitors were to be identified/classified by the following Four Elements:
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It is also key to note that although all of the above four fabricated qualifiers were estab-
lished and available; since that time the subjects impacted upon most negatively have his-
torically been classified as Negro, Black or Colored (NBC) and other derivations within
the U.S. Government Census Bureau’s Department of Records and Vital Statistics and
classified as such by a singular paradigm . . . [*]
SKIN TONE.
[*]
"RACE PARADIGM”
Continued
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The proper designation for the individuals who historically have been purposefully
misidentified as NEGRO, COLORED, BLACK and other unsuitable derivations which
have impacted negatively upon us i.e. African Americans is: MOOR as clearly noted in
The Congressional Record.
In Greek the term Moor was often used synonymously at times as denoting BLACK, how-
ever it again here is quite important to note that the Greeks are not the originators of the
word MOOR (The word is much much older).
So the question is when and why did the Greek Meaning Come about?
In the Burba Languages Moors Means Land and was also understood to represent those
skilled in the nautical seafaring crafts associated with Navigation and the in-depth scien-
tific understanding of astrological cosmology – knowledge of the stars similar to that of
the Magi (Magi means Wise, as in the Biblical Reference: “The Three Wise Men”).
With an understanding of Etiology (causal), The History, Origin and TRUE Meaning of
Words, Language, Labels, a Semanticist would look at how the meanings come into being
over a period of centuries.
When we first venture to investigate a word such as “Moor” one should first have a
knowledge of the fact that Europeans never developed any root words, they only in
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fact transmuted previously existing words and phrases from already well established lan-
guages.
A term Moor Transmigrated and Trans-enumerated from the word Miygread by the
Greeks. Similarly the modern term Black derived from the Indo-European term bhleg
which comes from the transliterated Greek term phlegein (the Greek ph is transliterated
from the “Moorish” Latin term. Flagrare also utilized by Danish or Dutch in the form of
the term blaker as in blaker Moor.
All of the above is of key importance in securing a greater appreciation of the fact that
the term Black is not based upon skin color, it, “the term: BLACK”, denotes ones
LEGAL Status or more correctly a lack thereof; simply a denotation of Fabricated or
Contrived Status as is the term White which denotes those individuals as claiming them-
selves to be Sovereign or the historically FREE Majority. Wherein accepting the term
MINORITY (meaning “LIKE A MINOR”) denotes one’s inability to represent them-
selves or legally what is known as CIVILLITER MORTUUS or Civilly Dead; [*] [**]
[**][*]
RACE PARADIGM
Continued
one who is considered LEGALLY as having no standing in Law, as if they were naturally dead,
so far as their legal rights are concerned… Dead In The Eyes of The Law. This is one reason
why when a “MINORITY” is murdered by a so called “official” it is only considered a Civil
Rights VIOLATION, A VIOLATION OF CODE OR STATUTE, NOT A CRIME UNDER
THE CONSTITUTIONAL LAW OF THE LAND.
HOW CAN YOU EXPECT TO SECURE A CRIMINAL INDICTMENT IN A MATTER IN WHICH NO CRIME “BY LAW” HAS OCCURRED?
When one takes the time to decodify the legal facts buried beneath the so called Mysteries of
certain injustices which “BLACK” leaders continue to proclaim will be overcome SOME DAY,
our conscious awareness of Self becomes mores far more pronounced.
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At first, new writs were drafted to fit each new situation, although in practice the clerks of the
Chancery would use wording from previously issued writs, with suitable adjustments, often taken
from reference books containing collections of forms of writ, much as in modern times lawyers
frequently use fixed precedents or boilerplate, rather than re-inventing the wording of a new legal
document. The problem with this approach was that a plaintiff's rights and available forms of ac-
tion at his disposal, would be defined, and in most cases limited, by the limited variety of writs
available to him. Thus the power to create new writs was akin to the power to create new rights, a
form of extra-parliamentary legislation. Moreover, a writ, if one could be found fitting the plain-
tiff's case, provided the legal means to remove the dispute from the jurisdiction of the local court,
often controlled by a lesser noble, and instead have it heard by the King's judges. The nobility thus
saw the creation of new writs as an erosion of their influence.
Over time, opposition to the creation of new writs by the Chancery increased. For example, in
1256 a court was asked to quash a writ as "novel, unheard of, and against reason" (Abbot of
Lilleshall v Harcourt (1256) 96 SS xxix 44). Ultimately in 1258 the King was forced to accept the
Provisions of Oxford, which among other things, prohibited the creation of new forms of writ
without the sanction of the King’s council. {CLICK THE HIGHLIGHTED TO VIEW IMPORTANT NOTE} King’s Council
New writs were created after that time only by the express sanction of Parliament and the forms
of writ remained essentially static, each writ defining a particular From of Action. It was the role
and expertise of a solicitor to select on his client's behalf the appropriate writ for the proposed
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Legal Action. These were purchased from the court by payment of a fee. A barrister would then
be hired by the solicitor to speak for his client in court.
The substantive law lay buried beneath the various actions: medieval practitioners and judges
thought procedurally, not substantively. Rights and duties which we would consider to be
part of the law of property, tort, contract or unjust enrichment were not conceptualized as
such.
In the early medieval period, justice was administered at a local level. Following the Norman
conquest of England in the 11th century, a system of royal central justice gradually took
shape. The principal royal courts were King's Bench, Common Pleas, and Exchequer. These
royal courts were initially only interested in matters relating to the feudal system: that is, to
land law. Accordingly, many of the earliest writs dealt with real property.
For the sake and benefit of providing such interjected material, and affording (you the reader) clarity of
continuity, the Continuance of Inserts (which may be broken into sections) will (as a visual aid) also be contained
within a BOX (such as the one you are now viewing) to assist you with your the proper compartmentalization of the
information being presented.
Rationalization of Writs
With the abolition of the Forms of Action in 1832 and 1833, a profusion of writs was no longer
needed, and one uniform writ came into use. After 1852 the need to state the name of the form of
action was also abolished. In 1875 the form of writ was altered so that it conformed more to the
subpoena used in the Chancery. A writ was a summons from the Crown, to the parties to the action,
with on its back the substance of the action set out, together with a 'prayer' requesting a
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remedy from the court (for example damages). In 1980 the need for writs to be written in the name
of the Crown was ended. From that time, a writ simply required the parties to appear.
Writs applied to claims that were to be heard in one of the courts which eventually formed part of
the High Court of Justice. The procedure in a County Court, which was established by statute,
was to issue a 'summons'.
In 1999 the Woolf Reforms unified most of the procedure of the Supreme Court and the County
Court in civil matters. These reforms brought in the Civil Procedure Rules. Under these almost all
civil actions, other than those connected with insolvency, are now commenced by the completion
of a 'Claim Form' as opposed to the obtaining of a 'Writ', 'Originating Application', or 'Summons'
(see Rules 7 and 8 of the Civil Procedure Rules).
Writ of Election
In some Westminster Systems, for example Canada and some other parliamentary systems, the
phrase ‘dropping the writ’ refers colloquially to a Dissolution of Parliament and the beginning
of an election campaign to form a new one. This phrase derives from the fact that to hold an
election in such a system a “Writ of Election” must be issued on behalf of the monarch ordering
the High Sheriffs of each county to set in motion the procedure for elections.
Early law of the United States (Law of the United States) inherited the traditional English writ
system, in the sense of a rigid set of forms of relief that the law courts were authorized to grant.
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Because the next paragraph ventures into an area in which further self research may be desired,
the following BRAKE-aside is being provided here to provide you (the reader) a pre-consolidated
list as a helpful place to begin researching such matters further. The majority of this
brief BRAKE-aside has been obtained from an online research resources which this author dose
not necessarily recommend for new researchers, in that their are (in my personal opinion) far, far
to many instances of overly Eurocentric and at time down-right racist entries through-out, in which
a novas/non-skilled researcher would not catch as being either misleading or as being outright
falsehoods and/or LIEs (with that source being: Wikipedia). With the following INTERJEC-
TION being for the most part simply a compiled list of historically correct chronological time-
lined event entries or dyarchy material, it serves as a means of saving you a great deal of time.
With there being much dispute regarding what is and what is not “LAW” when it comes to Codes
and Statues, and there existing a great number of on-line resources and websites which cover this
topic extensively i.e. R.V.BeyPublications.com in which Moors may visit and acquire informative
substantial as to How and/or Whether or Not and to what extent (if any) such U.S. Codes and
Statues apply to our community, this section will simply dedicate itself to providing what has been
considered standard information most commonly accepted as curriculum on this important subject.
The Code of Laws of the United States of America (variously abbreviated to Code of Laws of
the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation
and codification of the general and permanent Federal Statutes of the United States which we will
also cover here. It contains 53 titles (Titles 1–54, excepting Title 53, it being reserved). The main
edition is published every six years by the Office of the Law Revision Counsel of the House of
Representatives, and cumulative supplements are published annually. The official version of those
laws not codified in the United States Code can be found in United States Statutes at Large.
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Codification
Process
The official text of an Act of Congress is that of the "enrolled bill" (traditionally printed on
parchment) presented to the President for his signature or disapproval. Upon enactment of a law,
the original bill is delivered to the Office of the Federal Registry (OFR) within the National Ar-
chives and Records Administration (NARA). After authorization from the OFR, copies are dis-
tributed as “slip laws” by the Government Printing Office (GPO). The Archivist assembles an-
nual volumes of the enacted laws and publishes them as the United States Statues at Large. By
law, the text of the Statutes at Large is "legal evidence" of the laws enacted by Congress. Slip
laws are also competent evidence.
The Statutes at Large, however, is not a convenient tool for legal research. It is arranged strictly
in chronological order so that statutes addressing related topics may be scattered across many
volumes. Statutes often repeal or amend earlier laws, and extensive cross-reference is required to
determine what laws are in force at any given time.
The United States Code is the result of an effort to make finding relevant and effective statutes
simpler by reorganizing them by subject matter, and eliminating expired and amended sections.
The Code is maintained by the Office of the Law Revision Counsel (LRC) of the U.S. House of
Representatives. The LRC determines which statutes in the United States Statutes at Large
should be codified, and which existing statutes are affected by amendments or repeals, or have
simply expired by their own terms. The LRC updates the Code accordingly.
Because of this codification approach, a single named statute (like the Taft-Hartley Act) or the
Embargo Act) may or may not appear in a single place in the Code. Often, complex legislation
bundles a series of provisions together as a means of addressing a social or governmental prob-
lem; those provisions often fall in different logical areas of the Code. For example, an Act
providing relief for family farms might affect items in Title 7 (Agriculture), Title 26 (Tax), and
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Title 43 (Public Lands). When the Act is codified, its various provisions might well be placed in
different parts of those various Titles. Traces of this process are generally found in the Notes ac-
companying the "lead section" associated with the popular name, and in cross-reference tables
that identify Code sections corresponding to particular Acts of Congress.
Usually, the individual sections of a statute are incorporated into the Code exactly as enacted;
however, sometimes editorial changes are made by the LRC (for instance, the phrase "the date of
enactment of this Act" is replaced by the actual date). Though authorized by statute, these
changes do not constitute (what is known as) Positive Law.
Legal status
The authority for the material in the United States Code comes from its enactment through the
legislative process and not from its presentation in the Code. For example, the United States
Code omitted 12 U.S.C.§ 92 for decades, apparently because it was thought to have been re-
pealed. In its 1993 ruling in U.S. National Bank of Oregon v. Independent Insurance Agents of
America, the Supreme Court ruled that § 92 was still valid law.
Here is a good a place as any to remind those who may have had opportunity to read the Moor-
ishDirectory.com's republishing of The New York Times Article: “Final Word on U.S. Law
Isn’t, Supreme Court Keeps Editing”, that even when you think history defines the reality as
to what is or was, or should be considered (UNDER LAW) as being FACTUAL MATTERS is
(as explained in that extremely important article) NOT! Click the above red underlined title to
read the article.
By law, those titles of the United States Code that have not been enacted into positive law are
“prima facie” evidence"of the law in effect. The U.S. Statues at Large remains the ultimate au-
thority. If a dispute arises as to the accuracy or completeness of the codification of an uneducated
title, the courts will turn to the language in the United States Statutes at Large.
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In case of a conflict between the text of the Statutes at Large and the text of a provision of the
United States Code that has not been enacted as positive law, the text of the Statutes at Large
takes precedence.
In contrast, if Congress enacts a particular title (or other component) of the Code into positive
law, the enactment repeals all of the previous Acts of Congress from which that title of the Code
derives; in their place, Congress gives the title of the Code itself the force of law. This process
makes that title of the United States Code "legal evidence” of the law in force. Where a title has
been enacted into positive law, a court may neither permit nor require proof of the underlying
original Acts of Congress.
The distinction between enacted and uneducated titles is largely academic because the Code is
nearly always accurate. The United States Code is routinely cited by the Supreme Court and
other federal courts without mentioning this theoretical caveat. On a day-to-day basis, very few
lawyers cross-reference the Code to the Statutes at Large. Attempting to capitalize on the possi-
bility that the text of the United States Code can differ from the United States Statutes at Large,
Bancroft-Whitney for many years published a series of volumes known as United States Code
Service (USCS), which used the actual text of the United States Statutes at Large.
Uncodified Statutes
Only "general and permanent" laws are codified in the United States Code; the Code does not
usually include provisions that apply only to a limited number of people (a private law) or for a
limited time, such as most appropriation acts or budget laws, which apply only for a single fiscal
year. If these limited provisions are significant, however, they may be printed as "notes" under-
neath related sections of the Code. The codification is based on the content of the laws, however,
not the vehicle by which they are adopted; so, for instance, if an appropriations act contains sub-
stantive, permanent provisions (as is sometimes the case), these provisions will be incorporated
into the Code even though they were adopted as part of a non-permanent enactment.
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Early compilations
Early efforts at codifying the Acts of Congress were undertaken by private publishers; these were
useful shortcuts for research purposes, but had no official status. Congress undertook an official
codification called the Revised Statutes of the United States approved June 22, 1874, for the
laws in effect as of December 1, 1873. Congress re-enacted a corrected version in 1878. The Re-
vised Statutes were enacted as positive law, but subsequent enactments were not incorporated
into the official code, so that over time researchers once again had to delve through many vol-
umes of the Statutes at Large.
According to the preface to the Code, "From 1897 to 1907 a commission was engaged in an ef-
fort to codify the great mass of accumulating legislation. The work of the commission involved
an expenditure of over $300,000, but was never carried to completion." Only the Criminal Code
of 1909 and the Judicial Code of 1911 were enacted. In the absence of a comprehensive official
code, private publishers once again collected the more recent statutes into unofficial codes. The
first edition of the United States Code (published as Statutes at Large Volume 44, Part 1) in-
cludes cross-reference tables between the U.S.C. and two of these unofficial codes, United States
Compiled Statutes Annotated by West Publishing Co. and Federal Statutes Annotated by Ed-
ward Thompson Co.
Official code
During the 1920s, some members of Congress revived the codification project, resulting in the
approval of the United States Code by Congress in 1926.
The official version of the Code is published by the LRC as a series of paper volumes. The first
edition of the Code was contained in a single bound volume; today, it spans several large vol-
umes. Normally, a new edition of the Code is issued every six years, with annual cumulative
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supplements identifying the changes made by Congress since the last "main edition" was pub-
lished.
Both the LRC and the GPO offer electronic versions of the Code to the public. The LRC elec-
tronic version used to be as much as 18 months behind current legislation, but as of 2014 it is one
of the most current versions available online. The United States Code is available from the LRC
at uscode.house.gov in both HTML and XML bulk formats.
Annotated Codes
Practicing lawyers who can afford them almost always use an annotated version of the U.S.
Code from a private company. The two leading annotated versions are the United States
Code Annotated, abbreviated as U.S.C.A., and the United States Code Service, abbreviated
as U.S.C.S. The U.S.C.A. is published by West and U.S.C.S. is published by LexisNexis,
which purchased the publication from the Lawyerrs Co-operative Publishing Co. in 1997
as a result of an antitrust settlement. These annotated versions contain notes following
each section of the law, which organize and summarize court decisions, law review articles,
and other authorities that pertain to the code section, and may also include uncodified pro-
visions that are part of the Public Laws. The publishers of these versions frequently issue
supplements that contain newly enacted laws, which may not yet have appeared in an offi-
cial published version of the Code, as well as updated secondary materials such as new
court decisions on the subject. When an attorney is viewing an annotated code on an online
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service, such as Westlaw or LexisNexis, ALL the citations in the annotations are hy-
VERY IMPORTANT
Although NO Legal Advice is provided anywhere within this complication, instances of com-
mon sense personal opinion from an individual with 30 years of Legal Research Expertise may
be found throughout; of which, one of the most important may be:
Should you ever find yourself in a situation in which you are being held against you will under
“Color of Law” wrongly facing prosecution, one of the most important devices I would request
EQUAL ACCESS to would be LESIS/NEXIS and all West Law utilities.
With that Equal Acess being an equal amount of utilization time to those extremely im-
portant Legal Research aids as is available to the Prosecution.
Divisions
The Code is divided into 53 titles (listed below), which deal with broad, logically organized areas
of legislation. Titles may optionally be divided into subtitles, parts, subparts, chapters, and sub-
chapters. All titles have sections (represented by a §), as their basic coherent units, and sections
are numbered sequentially across the entire title without regard to the previously-mentioned divi-
sions of titles. Sections are often divided into (from largest to smallest) subsections, paragraphs,
subparagraphs, clauses, subclauses, items, and subitems. Congress, by convention, names a par-
ticular subdivision of a section according to its largest element. For example, "subsection
(c)(3)(B)(iv)" is not a subsection but a clause, namely clause (iv) of subparagraph (B) of paragraph
(3) of subsection (c); if the identity of the subsection and paragraph were clear from the context,
one would refer to the clause as "subparagraph (B)(iv)".
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Not all titles use the same series of subdivisions above the section level, and they may arrange them in different order. For example, in Title 26 (the tax code), the order
of subdivision runs:
• Title
◦ Subtitle
▪ Chapter
CONTINUED
▪ Subchapter
▪ Part
▪
Subpart
▪ Continuing in descending order as seen on the left.
Section
▪
Subsection
▪
Paragraph
▪
Subparagraph
▪
Clause
Sub-clause
Item
Subitem
The "Section" division is the core organizational component of the Code, and the "Title" division
is always the largest division of the Code. Which intermediate levels between Title and Section
appear, if any, varies from Title to Title. For example, Title 38 (Veteran's Benefits) the order runs
Title – Part – Chapter – Subchapter – Section.
The word "title" in this context is roughly akin to a printed "volume," although many of the larger
titles span multiple volumes. Similarly, no particular size or length is associated with other subdi-
visions; a section might run several pages in print, or just a sentence or two. Some subdivisions
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within particular titles acquire meaning of their own; for example, it is common for lawyers to
refer to a “Chapter 11 Bankruptcy” or a "Subchapter S corporation" (often shortened to “S Corp”).
Corporations come in many different types but are usually divided by the law of the jurisdiction
where they are chartered into two kinds: by whether they can issue stock or not, or by whether
they are formed to make a profit or not.
Where local law distinguishes corporations by the ability to issue stock, corporations allowed to
do so are referred to as "stock corporations", ownership of the corporation is through stock, and
owners of stock are referred to as "stockholders" or "shareholders". Corporations not allowed to
issue stock are referred to as "non-stock" corporations; those who are considered the owners of a
non-stock corporation are persons (or other entities) who have obtained membership in the corpo-
ration and are referred to as a "member" of the corporation.
Corporations chartered in regions where they are distinguished by whether they are allowed to be
for profit or not are referred to as "for profit" and "not-for-profit" corporations, respectively.
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Registered corporations have legal personality and are owned by shareholders whose liability is
generally limited to their investment. Shareholders do not typically actively manage a corporation;
shareholders instead elect or appoint a Board of Directors to control the corporation
in a fiduciary capacity. In most circumstances, a shareholder may also serve as a director or officer
of a corporation.
In American English, the word corporation is most often used to describe large business corpora-
tions. In British English and in the Commonwealth countries, the term company is more widely
used to describe the same sort of entity while the word corporation encompasses all incorporated
entities. In American English, the word company can include entities such as partnerships that
would not be referred to as companies in British English as they are not a separate legal entity.
Despite not being individual human beings, corporations, as far as US law is concerned, are legal
person, and have many of the same rights and responsibilities as natural persons do. For example,
a corporation can own property, and can sue or be sued. Corporations can exercise HUMAN
RIGHTS against real individuals and the state, and they can themselves be responsible for human
rights violations. Corporations can be "dissolved" either by statutory operation, order of court, or
voluntary action on the part of shareholders. INSOLVENCY may result in a form of corporate
failure, when creditors force the liquidation and dissolution of the corporation under court order,
but it most often results in a restructuring of corporate holdings. Corporations can even be con-
victed of criminal offenses, such as FRAUD and manslaughter. However, corporations are not
considered living entities in the way that humans are.
Late in the 19th century, a new form of company having the limited liability protections of a cor-
poration, and the more favorable tax treatment of either a sole proprietorship or partnership was
developed. While not a corporation, this new type of entity became very attractive as an alternative
for corporations not needing to issue stock. In Germany, the organization was referred to as Ge-
sellchaft mid beschrankter Hafung or GmbH. In the last quarter of the 20th Century this new form
of non-corporate organization became available in the United States and other countries, and was
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known as the Limited Liability Company or LLC. Since the GmbH and LLC forms of organization
are technically not corporations (even though they have many of the same features), they will not
be discussed further in this particular work (“The Right Writ”).
Moving On:
Title 28 (Judiciary and Judicial Procedure) is the portion of the U.S. Code (federal
statutory law) that governs the Federal Judicial System.
PLEASE NOTE:
With the following being medicated to the aforementioned list of Judiciary and Judicial Procedural terms (IN THE BLUE BOX
ABOVE: which as stated have been compiled from a secondary source) which again as stated used its own external hyperlinked structure
for cross-referencing the material contained therein, an Internet connection will be required to follow or use the secondary references to
Even if however you happen not to have access to the Internet, the following list should still nevertheless prove quite helpful.
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Part V Continued:
As we proceed you will no doubt see why the above interjected list was inserted at that particular juncture of this resource as to
provide you a more proper context of the material being afforded. Such non-mandatory reading INTERJECTIONS which you
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may find helpful as you proceed are not however required for your overall understanding of the material being presented.
The All Writs Act authorizes United States FEDERAL Courts to "issue all writs necessary or
appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of
law." However, the Federal Rules of Civil Procedure, adopted in 1938 to govern civil procedure
in the United States District Courts civil procedure in the the U.S. district court, provide that there
is only one form of action in civil cases, and explicitly abolish certain writs by name. Relief
formerly available by a writ is now normally available by a lawsuit (civil action) or a motion in a
pending civil action. Nonetheless, a few key writs have escaped the abolition and remain common
in current use in the U.S. federal courts:
We will explore these more common forms of writs immediately following this next Side Bar on:
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP)
govern civil procedure (i.e. for civil lawsuits) in U.S. District (Federal) Courts. The FRCP are
promulgated by the U.S. Supreme Court pursuant to the Rules Enabling Act, and then the U.S.
Congress has seven months to veto the rules promulgated or they become part of the FRCP. The
Court's modifications to the rules are usually based upon recommendations from the Judicial Con-
ference of the United States, the federal judiciary's internal policy-making body. Although federal
courts are required to apply the substantive law of the states as rules of decision in cases where
state law is in question, the federal courts almost always use the FRCP as their rules of procedure.
(States may determine their own rules, which apply in state court, although most states have
adopted rules that are based on the FRCP.)
The Rules, established in 1938, replaced the earlier procedures under the Federal Equity Rules
and the Conformity Act (28 USC 724 (1934)) merging the procedure for cases, in law and equity .
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The Conformity Act required that procedures in suits at law conform to state
practice usually the Field Code and Common Law pleading systems. Signifi-
cant revisions have been made to the FRCP in 1948, 1963, 1966, 1970, 1980,
1983, 1987, 1993, 2000, and 2006. (The FRCP contains a notes section that
details the changes of each revision since 1938, explaining the rationale behind
the language). The revisions that took effect in December 2006 made practical
changes to Discovery Rules to make it easier for courts and litigating parties to manage elec-
tronic records.
The Federal Rules of Civil Procedure were amended in 1966 to unify the civil and Admiralty
procedure, and added the Supplemental Rules for Certain Admiralty and Maritime Claims (now
Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions .
Titles of Rules
There are 86 rules in the FRCP, which are grouped into 11 titles.
Listed below are the Most commonly Used Categories and Rules.
Rules 1 and 2.
Title I is a sort of "mission statement" for the FRCP; Rule 1 states that the rules "shall be construed
and administered to secure the just, speedy, and inexpensive determination of every action." Rule
2 unifies the procedure of law and equity in the federal courts by specifying that there shall be one
form of action, the “civil action”.
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Rules 3 to 6.
Title II covers commencement of civil suits and includes filing, summons, and Service Process .
Rule 3 provides that a civil action is commenced by filing a complaint with the court. Rule 4 deals
with procedure for issuance of a summons, when the complaint is filed, and for the service of the
summons and complaint on the defendants. Rule 5 requires that all papers in an action be served
on all parties and be filed with the court. Rule 6 deals with technical issues, which concern the
computation of time, and authorizes the courts to extend certain deadlines in appropriate circum-
stances.
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◦ 5.1 Jurisdiction
◦ 5.2 Trespassing
Service
Each jurisdiction has rules regarding the appropriate service of process. Typically, a summons
and other related documents must be served upon the defendant personally, or in some cases
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upon another person of suitable age and discretion at the person's residence or place of business
or employment. In some cases, service of process may be effected through the mail as in some
Small Claims Courts procedures. In exceptional cases, other forms of service may be authorized
by procedural rules or court order, including service by publication when an individual cannot be
located in a particular jurisdiction.
Proper service of process initially establishes PERSONAL JURISDICTION of the court over the
person served. If the defendant ignores further pleadings or fails to participate in the proceedings,
then the court or administrative body may find the defendant in default and award relief to the
claimant, petitioner or plaintiff. The defendant may contest the default in his or her home state.
Service of process must be distinguished from service of subsequent documents (such as plead-
ings and motion papers) between the parties to litigation. RETURN TO CONTENT
International Principles
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Since there is no world government which all countries recognize to arbitrate disputes over
jurisdiction, sovereign powers can find themselves in conflict over which is the more ap-
propriate venue to hear a case, or which country's laws should apply.
These conflicts are sometimes resolved de facto by physical factors, such as which country
has physical possession of a defendant or property, or sometimes by use of physical police
or military force to seize people or property. A country with loose RULE OF LAW – for
example an absolute monarchy with no independent judiciary – may arbitrarily choose to
assert jurisdiction over a case without citing any particular justification. Such assertion can
cause problems, such as encouraging other countries to take arbitrary actions over foreign
citizens and property, or even provoking skirmishes or armed conflict.
In practice, many countries operate by one or another principles, either in written law or in
practice, which communicate when the country will and will not assert jurisdiction:
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Different principles are applied by different countries, and different principles may be ap-
plied by the same country in different circumstances. Determination of whether or not a
court has jurisdiction to hear a case is the first stage of a conflict of laws proceeding, po-
tentially followed by choice of law to determine which jurisdiction's laws apply. Executive
prosecutorial authority and foreign policy also play a role in scope and practical impact of
jurisdiction choices.
Any assertion of jurisdiction based on anything other than the territorial principle is known
as extraterritorial jurisdiction. Prosecution of a case against an out-of-territory defendant
is known as assertion of long-arm-jurisdiction.
When a person commits a crime in a foreign country against the laws of that country, usu-
ally the host country is responsible for prosecution. The Vienna Convention on Consular
Relations requires that the host country notify the foreign embassy, potentially allowing
the foreign country to assist in legal defense and monitor conditions of detention. (Most
countries protect their citizens against foreign powers in general.)
Foreign diplomats enjoy diplomatic immunity in many countries based on the Vienna Con-
vention on Diplomatic Relations or bilateral agreement, and foreign military personnel may
be subject to the jurisdiction of their home country based on a status of forces agreement
or Visiting Forces Agreement.
If a person is not physically present in the country which wishes to prosecute a case, that
country may either wait until the person enters the national territory, or pursue extradition
by legal or extralegal means, and with or without a general extradition treaty. Some coun-
tries (like China) prefer to prosecute their own citizens for crimes committed abroad rather
than extradite them. Other countries defer to the host country.
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When a crime is committed outside the territory of any country, such as in Antarctica (for
example), on watercraft in international waters on aircraft in international airspace, and on
spacecraft , jurisdiction is usually determined by the nationality of defendants or victims,
or by the Flag State of the vessel. This is determined by the admiralty law of the countries
involved and in international agreements.
The concept of personal jurisdiction in English law has its origin in the idea that a monarch
could not exercise power over persons or property located outside of his or her kingdom.
To some degree, this was a de facto rule; the monarch's men could not arrest people or
seize property outside the kingdom without risking physical conflict with the soldiers and
police of other kingdoms. Slowly this principle was incorporated into written law, but prob-
lems arose in cases where property owners could not be sued because they had left the
kingdom or had died and therefore were not present within the kingdom at the time they
were being sued. To solve this problem, the courts created another type of jurisdiction,
called quasi in rem, that is, jurisdiction over the land itself, even if the person who owned
the land was not in the country. However, this jurisdiction was limited to the settlement of
debts owed by the owner of the land.
In the United States, the exercise of personal jurisdiction by a court must both comply with
Constitutional limitations, and be authorized by a statute. In the United Kingdom, the ex-
ercise of personal jurisdiction does not need a statutory basis, since the United Kingdom
does not have a written constitution.
United States
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Three fundamentals of personal jurisdiction constrain the ability of courts in the United
States to bind individuals or property to its decisions: consent, power, and notice.
Consent
The United States legal system is an adversarial system. Civil suits cannot be initiated by
third parties, but must be filed by the aggrieved party who seeks redress. Generally, the
action is initiated in the jurisdiction where the event occurred, where the defendant can be
served or where the parties have agreed to have the case located. The filing of a complaint
or prayer for relief is a voluntary action by the person aggrieved, and as a necessity of this
request, the person seeking relief consents to be bound by the judgment of the court. The
doctrine of consent is also extended to defendants who attend and litigate actions without
challenging the court's personal jurisdiction. Consent may also derive from a pre-litigation
agreement by the parties, such as a forum selection clause in a contract (not to be confused
with a choice of law clause). Doctrines such as CLAIM PRECLUSION prevent re-litiga-
tion of failed complaints in alternative forums. Claim preclusion does not, however, pre-
vent the refiling of a claim that was filed in a court that did not have personal jurisdiction
over the defendant.
Power
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In cases where a defendant challenges personal jurisdiction, a court may still exercise per-
sonal jurisdiction if it has independent power to do so.This power is founded in the inherent
nature of the State: SOVEREIGNTY over affairs within its territory.
Notice
The Fifth and Fourteenth Amendment to the U.S. Constitution preserve the right of the
individual to due process. Due process requires that notice be given in a manner "reasona-
bly calculated" to inform a party of the action affecting him. Originally, "Notice" (and the
power of the State) was often exercised more forcefully, the defendant in a civil case some-
times being seized and brought before the court under a writ of capias ad respondendum.
Notice in such a case is inferred from consent of the defendant to go with the officer. Now-
adays, when exercising power over an individual without consent, notice is usually given
by formal delivery of suitable papers to the defendant (service process).
Originally, jurisdiction over parties in the United States was determined by strict interpre-
tation of the geographic boundaries of each state's sovereign power. In Pennoyer v. Neff,
the Supreme Court discussed that though each state ceded certain powers (e.g. foreign re-
lations) to the Federal Government or to no entity at all (e.g. the powers that are eliminated
by the protections of the bill of rights), the states retained all the other powers of sover-
eignty, including the exclusive power to regulate the affairs of individuals and property
within its territory.
Necessarily following from this, one state's exercise of power could not infringe upon the
sovereignty of another state. Thus, Constitutional limitations applied to the validity of state
court judgments.
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In personam jurisdiction referred to jurisdiction over a particular person (or entity, such as
a company). In personam jurisdiction, if held by a state court, permitted that court to rule
upon any case over which it otherwise held jurisdiction. Under territorial jurisdiction, pure
in personam jurisdiction could only be established by serving notice upon the individual
while that individual was within the territory of the state.
In rem jurisdiction referred to jurisdiction over a particular piece of property, most com-
monly real estate or land. Certain cases, notably government suits for unpaid property
taxes, proceed not against an individual but against their property directly. Under territorial
jurisdiction, in rem jurisdiction could be exercised by the courts of a state by seizing the
property in question. Since an actual tract of land could not literally be brought into a
courtroom as a person could, this was effected by giving notice upon the real property
itself. In rem jurisdiction was thus supported by the assumption that the owner of that prop-
erty, having a concrete economic interest in the property, had a duty to look after the affairs
of their property, and would be notified of the pending case by such
seizure. In rem jurisdiction was limited to deciding issues regarding the specific property
in question.
Quasi in rem jurisdiction involved the seizure of property held by the individual against
whom the suit was brought, and attachment of that property to the case in question. This
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form of territorial jurisdiction developed from the rationale of in rem jurisdiction, namely
that seizure of the property was reasonably calculated to inform an individual of the pro-
ceedings against them.
Once a valid judgment was obtained against an individual, however, the plaintiff could
pursue recovery against the assets of the defendant regardless of their location, as other
states were obligated by the Full Faith and Credit Clause of the Constitution to recog-
nize such a judgment (i.e. had ceded their power to refuse comity o fellow states of the
Union). Violations by a rogue state could be checked via collateral attack: when a plaintiff
sought recovery against a defendant's assets in another state, that state could refuse judg-
ment on the grounds that the original judgment was invalid.
While determining the physical location of an individual for the purposes of in personam
jurisdiction was easy enough, applying the same principle to non-physical entities became
difficult. Courts were presented with the question of where a company was
present and amenable to service for the purpose of in personam jurisdiction over the com-
pany.
Extension of quasi in rem jurisdiction led to extreme results that threatened the justification
for the jurisdiction. Bearing in mind that territorial jurisdiction existed in a pre-industrial
society where transportation across the country was difficult, long, and potentially treach-
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erous, and consider the hypothetical wherein Alice owes Bob money, and Bob owes Car-
mel, a resident of New York, money. Carmel seeks to recover on Bob's debt to Carmel,
however cannot do so because Bob avoids Carmel by traveling to California. Alice, how-
ever, happens to travel through New York. Carmel serves notice upon Alice, and attaches
Alice's debt to Bob (considered to be property within the state) to the proceeding. Alice
can no more certainly provide notice to Bob in California than Carmel could provide, and
the transient and involuntary exposure of Bob to being hauled into court in New York by
this attachment seems to erode the original rationale of quasi in rem jurisdiction.
The US Supreme Court largely abolished the exercise of jurisdiction on the basis of quasi
in rem in Shaffer v. Heitner except in exceptional circumstances, which sometimes would
arise while dealing with real property such as land, and when the owner of the land cannot
be found.
In the modern era, the reach of personal jurisdiction has been expanded by judicial re-
interpretation and legislative enactments. Under the new and current doctrine, a state court
may only exert personal jurisdiction over an individual or entity with "sufficient minimal
contacts" with the forum state such that the particular suit "does not offend
'traditional notions of fair play and justice.’" The "minimum contacts" must be purpose-
fully directed towards the state by the defendant. This jurisdiction was initially limited to
the particulars of the International Shoe Co. v. Washington holding, that is to jurisdictional
inquiries regarding companies, but was soon extended to apply to all questions of personal
jurisdiction. When an individual, or entity, has no "minimum contacts" with a forum State,
the Due Process Clause of the Fourteenth Amendment prohibits that State from acting
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against that individual, or entity. The lack of "minimum contacts" with the owner of prop-
erty also constitutionally prohibits action against that property (in rem jurisdiction) even
when the property is located within the forum state.
What constitutes sufficient "minimum contacts" has been delineated in numerous cases
which followed the International Shoe decision. For example, in Hanson v. Denckla, the
Court proclaimed the "unilateral activity of those who claim some relationship with a non-
resident cannot satisfy the requirement of contact with the forum State. The application of
that rule will vary with the nature and quality of the defendant's activity, but it is essential
in each case that there be some act by which the defendant purposefully avails itself of the
privilege of conducting activities within the forum State, thus invoking the benefits and
protection of its laws."
The additional requirement of "'purposeful availment' ensures that a defendant will not be
hauled into a jurisdiction solely as a result of 'random,' 'fortuitous,' or 'attenuated' contacts,
or of the unilateral activity of another party or a third person”. Jurisdiction may, however,
be exercised, under some circumstances, even though the defendant never physically en-
tered the forum State.
In addition, the claim must arise from those contacts that the defendant had with the forum
state. In addition to the minimum contacts test asserted in International Shoe, the
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sovereignty of another state and; the interests in preserving the judicial integrity of the
several states—that is, ensuring one court's assertion of personal jurisdiction over an out
of state defendant does not violate the Due Process Clause of the Fourteenth Amendment.
In another recent case of Goodyear Dunlop Tires Operations, S. A. v. Brown, Justice Gins-
burg held that for the exercise of general jurisdiction in personam, the defendant must be
"essentially at home." This applies when the defendant has contacts with the forum state,
but the claim that arises is not related to those contacts. For example, if Harrods (a British
store) sets up an office in California to export and sell goods there, and because of that
someone gets injured, it would be amenable to suit in California for that injury. On the
other hand, if someone is injured in Harrods in London and for some reason finds that
California law is more favorable and decides to sue in California, the suit would not be
maintainable since the contacts that Harrods has is not continuous and systematic, and they
are not "essentially at home" in California.
This holding was reaffirmed in 2014 by the Supreme Court in Daimler AG v. Bauman.
Statutory Authorization
While the Pennoyer and later Shoe doctrines limit the maximum power of a sovereign state,
courts must also have authorization to exercise the state's power; an individual state may
choose to not grant its courts the full power that the state is Constitutionally permitted to
exercise.Similarly, the jurisdiction of Federal courts (other than the Supreme Court) are
statutorily-defined. Thus, a particular exercise of personal jurisdiction must not only be
permitted by Constitutional doctrine, but be statutorily authorized as well. Under Pennoyer,
personal jurisdiction was authorized by statutes authorizing service of process, but these
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methods of service often lacked because they required such service to be effected by offic-
ers of the state, such as sheriffs – an untenable method for defendants located outside of
the state but still subject to jurisdiction due to their contacts with the state. Subsequent to
the development of the Shoe Doctrine, states have enacted so-called long-arm statutes, by
which courts in a state can serve process and thus exercise jurisdiction over a party located
outside the state. The doctrine of International Shoe applies only in cases where there is no
presence in the forum state. For example, if A committed a tort in State X. He is sued by
B and B serves him with process just before he leaves State X before the flight was took
off, the service would be valid and State X would have jurisdiction over A. If A did not
comply with the final judgement passed by the courts of State X, B could enforce that
judgement in the state where A resides under the full faith and credit clause of the US
Constitution. There was one case where a defendant was served while the airplane was in
the air over the forum State, and the federal district court held that this was valid service,
since at law the territory of a state includes the airspace above the State. Grace v. MacAr-
thur, 170 F. Supp. 442 (E.D. Ark. 1959).
Relationship to Venue
Venue and personal jurisdiction are closely related for practical purposes. A lawyer should
usually perform joint analysis of personal jurisdiction and venue issues. Personal jurisdic-
tion is largely a constitutional requirement, though also shaped by state long-arm statutes
and Rule 4 of the Federal Rules of Civil Procedure, while venue is purely statutory.
It is possible for either venue or personal jurisdiction to preclude a court from hearing a
case. Consider these examples:
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as the plaintiffs drove the car through Oklahoma. Had the plaintiffs sued in U.S.
federal court sited in Oklahoma, personal jurisdiction against the dealership would
have been unavailable, as the dealership did not have minimum contacts with the
forum state. Venue, however, would have been proper under 28 U.S.C. § 1391, the
general federal venue statute, because Oklahoma was a state in which a substantial
part of the events or omissions giving rise to the claim occurred. However, the
United States Supreme Court found that the defendants (World-Wide Volkswagen
Corp.) did not have the minimum contacts with Oklahoma necessary to create per-
sonal jurisdiction there. [World-Wide Volkswagen was one of the "defendants"; the
case cited is WWV Corp (original defendant) v. Woodson (the Oklahoma state
judge) ]
• Venue is the limiting factor. Suppose Dale resides in California. Peter from Nevada
wants to sue Dale for battery which Dale committed against Peter in California.
Peter knows Dale is going to a week-long conference in South Carolina. Peter real-
izes that Dale would settle a suit that would take place in South Carolina, because it
would be too expensive to defend. So, during Dale's trip, Peter serves Dale with
process for an action filed in South Carolina federal court. The federal court has
personal jurisdiction, based on Dale's presence in South Carolina at the time process
was served (transient service of process). However, venue is improper under § 1391.
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contained within Part 6 of the Civil Procedure Rules 1998. In Canada the rules vary from province
to province and can be governed differently depending on what the type of case (i.e. family, small
claims, criminal, etc.).
Service on a defendant who resides in a country outside the jurisdiction of the Court must comply
with special procedures prescribed under the Hague Service Convention, if the recipient's country
is a signatory. Service on defendants in many South American countries and some other countries
is effected through the letter rogatory process. Where a defendant's whereabouts are unknown, the
Court may permit service by publication, usually in a newspaper.
In the past in many countries, people did not have the right to know that there were legal proceed-
ings against them. In some cases, they would only find out when magistrates showed up with the
sheriff and seized their property, sometimes throwing them into debtor’s prison until
their debts were paid. The Fifth and Fourteenth Amendments to the United States Constitution
prohibit the federal and state governments from depriving any person of life, liberty or property
without due process of law. Therefore, the process server is "serving" the recipient with notice of
their constitutional right to due process of the law.
In ancient times, the service of a summons was considered a royal act that had serious conse-
quences. It was a summons to come to the King's Court and to respond to the demand of a loyal
subject. In ancient Persia, failure to respond to the King's summons meant a sentence of death.
Today the penalty for ignoring a summons may be entry of a default money judgment that can
subsequently be enforced.
Manner of Service
Substituted Service
When an individual party to be served is unavailable for personal service, many jurisdictions allow
for substituted service. Substituted service allows the process server to leave service documents
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with another responsible individual, called a person of suitable age and discretion, such as a co-
habiting adult or a teenager. Under the U.S. Federal Rules, substituted service may only be made
at the abode or dwelling of the defendant. California, New York, Illinois, and many other United
States jurisdictions require that in addition to substituted service, the documents be mailed to the
recipient. Substituted service often requires a serving party show that ordinary service is imprac-
ticable, that due diligence has been made to attempt to make personal service by delivery, and that
substituted service will reach the party and effect notice.
Another method of substituted service is "service by publication" also called "constructive service"
in some jurisdictions. Service by publication is used to give "constructive notice" to a defendant
who is intentionally absent, in hiding, or unknown (as a possible descendant of a former land-
owner), and only when allowed by a judge's order based on a sworn declaration of the inability to
find the defendant after "due diligence" (trying hard). Service by publication is
commonly used in a divorce action to serve a spouse who has disappeared without leaving a for-
warding address. Service by publication usually involves placing the petition for divorce and the
summons to a missing spouse in a local newspaper.
In divorce cases, most states that permit service by publication will require "due diligence" to
locate the missing spouse to include: verifying with the post office that there is no forwarding
address; contacting in writing all friends, relatives, and former employers of a spouse who may
know his or her current address; checking all jails and prisons for any record of a spouse; and
checking military records for a spouse.
In addition, in some jurisdictions, substituted service may be effected through motion and public
notice, followed by sending the documents by certified mail.
Courts in at least two Canadian provincial jurisdictions have allowed for substituted service via
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Service by Mail
Service by mail is permitted by most U.S. jurisdictions for service on defendants located in other
U.S. states or foreign countries. Service by mail is not available if the country of destination has
filed objections to service by mail pursuant to the multinational Hague Service Convention. In
California, "Any person providing the [California Department of Motor Vehicles] with a mailing
address shall … consent to receive service of process …”. RETURN TO CONTENT
As a substitute for personal service by a process server, some jurisdictions may allow voluntary
acceptance of service, also called waiver of service. It means that the served party agrees to
voluntarily acknowledge receipt of the complaint or petition without the need to engage a process
server.
Acceptance or waiver of service is encouraged by some court systems, especially U.S. federal
courts. Under Federal Rule of Civil Procedure 4(d)(2), when a defendant refuses to waive service
"without good cause", the defendant can be held liable for the cost of personal service.
However, in general, individual service by a process server is the best way to effect service of
process, as it completely avoids having to litigate the collateral issue of whether the defendant
actually had good cause (or not) to not waive service.
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Personal service is service of process directly to the (or a) party named on the summons, complaint,
or petition. In most lawsuits in the United States, personal service is required to prove service.
Most states allow substituted service in almost all lawsuits unless a corporation, LLC, LLP, or
other business entity is being served; in those cases, personal service must be achieved by serving
(in hand) the documents to the "registered agent" of a business entity. Some states, e.g. Florida,
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do not require that the documents actually be handed to the individual. In California and most other
states, the documents must be visible to the person being served, i.e., not in a sealed envelope. If
the individual refuses to accept service, flees, closes the door, etc., and the individual has been
positively identified as the person to be served, the documents may be "drop served" (placed as
close to the individual as possible); this is considered a valid service. In the U.S., personal service
of process has been the hallmark for initiating litigation for nearly 100 years, primarily because it
guarantees actual notice to a defendant of a legal action against him or her.
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Most jurisdictions require or permit process to be served by a court official, such as a sheriff,
marshal, constable, or bailiff. There may be licensing requirements for private process servers,
as is the case in New York City, Alaska, Arizona, California, Illinois, Montana, Nevada, and Ok-
lahoma. Arizona process servers are required to apply for certification with the Clerk of the Supe-
rior Court in county in which they reside (residents only). Non resident applicants may apply in
any county. Applicants must pass a written examination, state and federal criminal records check
and be approved by the Presiding Judge or their designee. Applicants renewing their certification
must file certificates of attendance of approved Continuing Education training totaling no less than
thirty hours (ten hours per year). Texas process servers are currently certified by order of the Su-
preme Court and are regulated through the Process Server Review Board, consisting of members
of the industry authorized by the Supreme Court.
Other jurisdictions, such as Georgia, require a court order allowing a private person to serve pro-
cess. Many private investigators perform process serving duties. Texas and Florida also have a
required training course which must be completed prior to certification.
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An example of such a license would be in Rhode Island, where an applicant must complete 90
days of training with a constable that has 'full powers'. Once the 90 days of training is complete, a
test is given at the local courthouse from the laws included in the constable manual. Once an ap-
plicant passed the written exam, one will be scheduled for an oral interview with the disciplinary
board. If they find the applicant to be competent, they will pass a recommendation to the chief
judge who will then swear in one with 'limited power'. These constables can only serve within the
county they are appointed. After one year, a limited power constable can apply for his/her full
powers to arrest, evict, and be able to serve statewide.
In New York State, personal process is required in divorce and similar matrimonial law actions,
absent court permission. Specific practice is that:
The defendant must be personally served with the divorce papers, unless the court grants some
other means of service. Note that there are special requirements for service of process in a divorce
action.
In civil law jurisdictions, which include all of Continental Europe and most Asian countries, ser-
vice of process is generally performed by the court. This may be done in person by a bailiff, or by
mail, depending on the jurisdiction.
International Service
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court in the country where proceedings were initiated or underway to a court in another country
where the defendant resided. This procedure generally required the use of consular and diplomatic
channels as the request had to be made to the foreign minister (Secretary of State in the United
States) of the defendant's country by the foreign minister of the originating court.
Since 1965, member states designate a central authority for service of process and requests go
directly there. In addition, many states allow some type of service directly by mail or personal
service by a person otherwise authorized to service process without involvement of local courts.
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In some instances, delivery to an agent for acceptance of service or "registered agent" can sub-
stitute for personal service on the principal party to be served. The Registered Agent is a person
or company authorized in advance to accept service on behalf of the served party. For example,
most corporations are required by local law to maintain a local agent of record for acceptance of
service in each jurisdiction where they actively conduct business with the public. The identity of
the agent for service can usually be ascertained by searching company filings with appropriate
state corporate records or business registration agencies (often the business entity division of a
state's Secretary of State. Generally, these business registration records are searchable by the pub-
lic on the Secretary of State's website.
In the UK an agent for acceptance of service is generally known as a process agent and is a con-
tractual relationship rather than a statutory one.
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Return of Service
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Once service of process has been effected, the responsible officer or process server must typically
file a return of service or proof of service or "Affidavit of Service" with the court (or convey one
to the plaintiff to file with the court). The return of service indicates the time and place at which
service was effected, the person served, and any additional information needed to establish that
service was properly made. It is signed by the process server, and operates as prima facie evidence
that service of process was effectively made. Arizona Court Rules also require that any return or
affidavit of service filed by a process server other than a sheriff or constable shall clearly state the
county in which the process server is registered. Many Arizona process servers include their Cer-
tification Number on their returns/affidavits. Certification Numbers are assigned by the Clerk of
the Superior Court in each county.
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Many states have process serving laws that govern the way service of process is effected, the li-
censing requirements to effect service, the forms to be used and the time deadlines that service of
process may be accomplished upon individual respondents and corporations. These differences
may be vast. For example, in New York, service of process may require licensing of the process
server; in Pennsylvania, process may only be served by the sheriff or a sheriff's deputy in most
cases (except in Philadelphia, where process may be served "by any competent adult”); and in New
Jersey, process is effected if, after making an affidavit that diligent efforts to effect personal service
had failed, the party sends two copies of the pleading by mail—one by regular mail and one by
certified mail, return receipt requested—and either the certified mail receipt is returned signed or
the certified mail envelope is returned unclaimed and the regular mail is not returned to the sender.
Generally, there are specific procedures and rules for most courts, from local small claims courts
to United States District courts. Each court has specific rules, forms, guidelines and procedures
which must be followed in order to successfully effect service of process. Failure to follow these
guidelines may deem the attempted service improper. Indeed, many defendants in court hearings
use the affirmative defense of "I was not served" as an often successful line of defense in any
lawsuit. Not surprisingly, this defense tends to be effective in many cases because service of pro-
cess upon defendant did not follow legal procedure. As for United States federal courts, service of
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process rules are in the Federal Rules of Civil Procedure, upon which most state service of process
laws are based.
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Jurisdiction
It is universal that the laws of service of process must follow the laws that apply to the court that
issues the process. A bias or confusion occurs in many jurisdictions where service is made. In
Florida, for example, process servers seem to suggest Florida laws apply to all service of process
made within the territory of Florida. In this reference, section 48.195 implies an authority of
Florida process servers to serve foreign process. This was added to allow sheriffs to serve foreign
process within limitations as the section provides, but it does not, and cannot give exclusivity, to
state sanctioned licensed approved process servers to foreign process. This interpretation, how-
ever prevalent and beneficial to Florida process servers, is false.
Florida governs only those processes that are issued from Florida courts. An example would be a
Wisconsin court process to be served upon a person in Florida. Wisconsin statutes would dictate
the service requirements to the Florida participant. Simply, a person must be uninterested, a resi-
dent of Florida, and over the age of 18. This is not a popular position as many process servers who
have a local Florida license prefer, for reasons of economics, to be considered the only legitimate
process server for such a cause. This Wisconsin example is in the majority for all states in the US
regarding out of state service in their jurisdiction. There are however a small number of states,
such as Arizona, that permit a person of one state (e.g. Arizona) to serve another person in another
state (e.g. Florida). The aforementioned Arizona rule is an exception to the majority of other
states that require a process server to be 18 and over and an uninvolved party to serve its process
in another state. Arizona law has never been challenged on the grounds of sovereignty as Arizona's
statutes appears to give its courts legislative and judicial authority for its people to serve a person
in a foreign state government.
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It should be noted that in states where Indian reservations are located, the state generally has no
legal jurisdiction over Indian Territory as recognized tribes enjoy legal status as a sovereign nation.
Thus a process server certified under the authority of the state (i.e. Arizona) cannot serve a party
to a case while that person is on the reservation unless the tribal council consents to permit service.
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Trespassing
In nearly every state of the United States, process servers are restricted from trespassing on prop-
erty as a means of serving process. Such invasions, no matter how innocuous, are regarded
as not only invalid, but illegal and may result in penalties for offenders. Gated communities and
apartment buildings have created a difficulty for process servers; however, most are required to
allow process servers to enter them. However, this fact may be overcome where the process server
is in the direct employment of a law enforcement agency, such as the U.S. Marshall's Service, a
county sheriff's Department, or other law enforcement agency having responsibility to serve doc-
uments.
In California, "Registered Process Servers" are granted "...a limited exemption against trespassing
in gated communities." This allows servers to enter a private property for a reasonable period of
time to attempt service of process. In California, gated communities which are "...staffed by a
security guard, or where access is controlled, must allow a Registered Process Server to enter for
service of process upon presenting valid identification, and indicating to which address the process
server is going." This does not prevent the security guard from contacting the resident and alerting
them that a process server is on his way to their residence. § 415.21 Access to gated communities.
(a) Notwithstanding any other provision of law, any person shall be granted access to a gated
community ... for the purpose of performing lawful service of process, upon identifying to the
guard the person or persons to be served, and upon displaying a current driver's license or other
identification, and one of the follow: (1) a badge [applies to sheriffs and marshals] (2) evidence of
current registration as a process server... '(b)This section shall only apply to a gated community
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which is staffed, at the time service of process is attempted, by a guard or other ... personnel
assigned to control access...it does not apply to a private residence that has posted no trespassing
signs'
In Washington, "Registered Process Servers" are granted a limited exemption or affirmative de-
fense against trespassing:
The actor was attempting to serve legal process which includes any document required or allowed
to be served upon persons or property, by any statute, rule, ordinance, regulation, or court order,
excluding delivery by the mails of the United States.
This defense applies only if the actor did not enter into a private residence or other building not
open to the public and the entry onto the premises was reasonable and necessary for service of the
legal process.
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Deadlines
Most states have a deadline for completing service of process after filing of the summons and
complaint. In New York, for example, service must be completed in 120 days after filing for almost
all cases, and Hawaii State Circuit Court rule 28 requires service in a civil lawsuit must be effected
within 6 months from commencing suit.
Some states prohibit the delivery or serving of documents on Sundays, holidays, and/or election
days (dies non juridicum). However, some states will allow the service of documents under special
circumstances. One such circumstance is when the service of process is pursuant to a court order.
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According to various laws, service of process cannot be performed on Sundays in Florida (unless
with a court order), Maine, Massachusetts, New York, Rhode Island, South Dakota, Tennessee
(unless with a court order), Texas, Virginia, or West Virginia. It can also not be performed on
election days or at a place of religious service on Sunday in Michigan, or on holidays in Minnesota.
Finally, in New York, process cannot be served on Saturday upon a person who keeps Saturday as
holy time.
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GPS Certification
New York’s City Council passed a bill toughening rules for entities that hunt down people and
serve them with legal papers, including a requirement that they electronically log every attempt.
The legislation also ensures that deceitful process servers who dump papers instead of serving
them — a trick known as “Sewer Service" — could be liable if the people they were supposed to
serve then turn and sue them.
Under the new legislation, process servers must pass an exam showing they understand the law.
They also must electronically log their attempts to serve papers using some kind of GPS device,
and keep those records in a database for seven years
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Rules 7 to 16.
Title III covers pleadings, motions, defenses, and counterclaims. The plaintiff's original pleading
is called a complaint. The defendant's original pleading is called an answer.
Rule 8(a) sets out the plaintiff's requirements for a claim: a "short and plain statement" of jurisdic-
tion, a "short and plain statement" of the claim, and a demand for judgment. It also allows relief in
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the alternative, so the plaintiff does not have to pre-guess the remedy most likely to be accepted
by the court.
Rule 8(b) states that the defendant's answer must admit or deny every element of the plaintiff's
claim.
Rule 8(c) requires that the defendant's answer must state any affirmative defenses.
Rule 8(d) maintains that each allegation be "simple, concise, and direct" but allows "2 or more
statements of a claim or defense alternatively or hypothetically." If a party makes alternative state-
ments, the pleading is sufficient if any one of them is sufficient. A party may state inconsistent
(even mutually exclusive) claims or defenses.
Rule 10 describes what information should be in the caption (the front page) of a pleading, but
does not explain how such information should actually be organized in the caption. The FRCP is
notoriously vague on how papers should be formatted. Most of the details missing from the FRCP
are to be found in local rules promulgated by each district court and in general orders by each
individual federal judge. For example, federal courts in most West Coast states require line num-
bers on the left margin on all filings (to match local practice in the courts of the states in which
they sit), but most other federal courts do not.
Rule 11 requires all papers to be signed by the attorney (if party is represented). It also provides
for sanctions against the attorney or client for harassment, frivolous arguments, or a lack of factual
investigation. The purpose of sanctions is deterrent, not punitive. Courts have broad discretion
about the exact nature of the sanction, which can include consent to in personam jurisdiction, fines,
dismissal of claims, or dismissal of the entire case. The current version of Rule 11 is much more
lenient than its 1983 version. Supporters of tort reform in Congress regularly call for legislation
to make Rule 11 stricter.
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The Rule 12(b)(6) motion, which replaced the common law demurrer, is how lawsuits with in-
sufficient legal theories underlying their cause of action are dismissed from court. For example,
assault requires intent, so if the plaintiff has failed to plead intent, the defense can seek dismissal
by filing a 12(b)(6) motion. "While a complaint attacked by a Rule 12(b)(6) motion to dismiss
does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his
entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the
elements of a cause of action will not do. Factual allegations must be enough to raise a right to
relief above the speculative level, on the assumption that all the allegations in the complaint are
true (even if doubtful in fact)." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955 (No.
05-1126) (2007) (citations, internal quotation marks and footnote omitted). 12(b)(6) is the second
of three procedural "hurdles" a cause of action must surmount before it gets to a trial (the first are
the two jurisdictional dismissals, found in 12 (b)(1) and (2), and the third is summary judgment,
found in Rule 56). A 12(b)(6) motion cannot include additional evidence such as affidavits. To
dispose of claims with insufficient factual basis (where the movant must submit additional facts to
demonstrate the factual weakness in the plaintiff's case), a Rule 56 motion for Summary
Judgment is used.
Rules 12(g) and 12(h) are also important because they state that if 12(b)(2)-12(b)(5) motions are
not properly bundled together or included in an answer/allowable amendment to an answer, they
are waived. Additionally, because 12(b)(1) motions are so fundamental, they may never be waived
throughout the course of litigation, and 12(b)(6) and 12(b)(7) motions may be filed at any time
until trial ends.
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Rule 13 describes when a defendant is allowed or required to assert claims against other parties to
the suit (joinder). The law encourages people to resolve all their differences as efficiently as pos-
sible; consequently, in many jurisdictions, counterclaims that arise out of the same transaction or
occurrence (compulsory counterclaims) must be brought during the original suit, or they will be
barred from future litigation (preclusion).
Rule 15 allows pleadings to be amended or supplemented. Plaintiffs may amend once before an
answer is filed, a defendant can amend once within 21 days of serving an answer, and if there is
no right to amend, seek leave of court ("leave shall be given when justice so requires.")
Title IV – Parties
Rules 17 to 25.
Rule 17 states that all actions must be prosecuted in the name of the real party in interest, that is,
the plaintiff must be person or entity whose rights are at issue in the case.
Rule 18 – Joinder of Claims and Remedies – states that a plaintiff who may plead in a single civil
action as many claims as the plaintiff has against a defendant, even if the claims are not related,
and may request any remedy to which the law entitles the plaintiff. Of course, each claim must
have its own basis for jurisdiction in the court in which it is brought or be subject to dismissal.
Rule 19 – Compulsory Joinder of Parties – if a person who is not a party to the suit is "necessary"
to just adjudication of the action, under the criteria set forth in subsection (a), then upon motion of
any party that person shall be made a party, served with suit, and required to participate in the
action. If the person cannot be made a party for any reason, such as lack of jurisdiction, inability
to be located, etc., then the court uses the criteria in subsection (b) to determine if the absent party
is "indispensable". If so, the action must be dismissed.
Rule 20 Permissive Joinder of Parties. Joinder of parties at common law was controlled by the
substantive rules of law, often as reflected in the forms of action, rather than by notions of judicial
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economy and trial convenience. Permissive joinder of plaintiffs allows the plaintiffs having an
option to join their claims when they were not joint. (Ryder v. Jefferson Hotel Co.)
Rule 22 governs the procedure for interpleader. It allows an interpleader to be brought by a plain-
tiff who is subject to multiple liability even though 1. the claims or title they are based on lack
common origin, are independent and averse and 2. the plaintiff denies any of the claims in whole
or part. A defendant exposed to similar liability may also seek interpleader.
Rule 23 governs the procedure for class action litigation. In a class action, a single plaintiff or
small group of plaintiffs seeks to proceed on behalf of an entire class who have been harmed by
the same conduct by the same defendants. Court approval is required for this procedure to be used.
Rule 23.1 governs derivative suits in which a plaintiff seeks to assert a right belonging to a cor-
poration (or similar entity) in which the plaintiff is a shareholder, on behalf of the corporation that
is not pursuing the claim itself. Rule 23.2 governs actions by or against unincorporated associa-
tions.
Title V – Discovery
Rules 26 to 37.
Title V covers the rules of discovery. Modern civil litigation is based upon the idea that the parties
should not be subject to surprises at trial. Discovery is the process whereby civil litigants seek to
obtain information both from other parties and from non parties (or third parties). Parties have a
series of tools with which they can obtain information:
1. Document requests (Rule 34): a party can seek documents and other real objects from par-
ties and non parties
2. Interrogatories (Rule 33): a party can require other parties to answer 25 questions
3. Requests for admissions (Rule 36): A party can require other parties to admit or deny the
truth of certain statements
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FRCP Rule 37 oversees the possible sanctions that someone may seek if a failure to preserve data
takes place and outlines how courts interpret if one party is at a disadvantage.
Federal procedure also requires parties to divulge certain information without a formal discovery
request, in contrast to many state courts where most discovery can only be had by request. Infor-
mation covered by this initial disclosure is found in Rule 26(a)(1)(A), includes information about
potential witnesses, information/copies about all documents that may be used in the party's claim
(excluding impeachment material), computations of damages, and insurance information. Infor-
mation about any expert witness testimony is also required.
Notable exceptions to the discovery rules include impeachment evidence/witnesses, "work prod-
uct" (materials an attorney uses to prepare for the trial especially documents containing mental
impressions, legal conclusions, or opinions of counsel), and experts who are used exclusively for
trial prep and will not testify.
FRCP Rule 26 provides general guidelines to the discovery process, it requires the plaintiff to
initiate a conference between the parties to plan the discovery process.[4] The parties must confer
as soon as practicable after the complaint was served to the defendants—and in any event at least
21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).
The parties should attempt to agree on the proposed discovery plan, and submit it to the court
within 14 days after the conference.[4] The Discovery Plan must state the parties' proposals on
subject of the discovery, limitations on discovery, case management schedule and timing deadlines
for each stage of the discovery process, including:
• End-date of the discovery. This should be at least 60 days before the trial. The trial target
date is usually 6 months to 2 years after the conference.
• Amendments to the deadlines for filing pleadings under FRCP 7&15, if any.
• Deadline for amending pleadings. Normally it is at least 30 days before the discovery ends.
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• Deadline for joining claims, remedies and parties (FRCP 18&19). Normally it is at least
30 days before the discovery ends.
• Deadline for initial expert disclosures and rebuttal expert disclosures. Normally it is at least
30 days before the discovery ends.
• Deadline for dispositive motions. Usually it is at least 30 days after the discovery end-date.
• Deadline for Pre-trial order. If any dispositive motions are filed, the Joint Pretrial Order
can be filed at least 30 days after the last decision on the merits.
Unless all parties agree otherwise, the parties should submit to each other the initial disclosures
under Rule 26(a) within 14 days after the conference.[4] Only after the initial disclosures have been
sent, the main discovery process begins which includes: depositions, interrogatories, request for
admissions(RFA) and request for production of documents(RFP). As stated above, there is a lim-
itation on number of interrogatories and depositions, but there is no limitation on RFAs and RFPs.
Some states, like California, have different limitations set in their Local Rules. FRCP requires that
the party to whom the request for Interrogatories, RFA or RFP is directed must respond in writing
within 30 days after being served, otherwise the requestor can file a motion to compel discovery
and for sanctions.
Title VI – Trial
Rules 38 to 53.
Title VI deals generally with the trial of civil actions, although some other topics are also included.
Rules 38 and 39 deal with the parties' right to a trial by jury and the procedure for requesting a
jury trial instead of a bench trial and trials by an advisory jury. These rules must be construed in
light of the Seventh Amendment to the United States Constitution, which preserves a right to jury
trial in most actions at common law (as opposed to equity cases). Rule 40 deals in general terms
with the order in which cases will be scheduled for trial and has little significance in practice.
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Rule 41 deals with dismissal of actions. An action may be voluntarily dismissed at any time by the
plaintiff prior to the defendant's filing of an Answer or Motion for Summary Judgment.[6] In such
an instance, the court retains jurisdiction only to award attorneys fees or costs (in rare circum-
stances). With certain exceptions (e.g. class actions), an action may also be dismissed at any time
by agreement of the parties (e.g. when the parties reach a settlement). An action may also be in-
voluntarily dismissed by the court if the plaintiff fails to comply with deadlines or court orders.
Rule 42 deals with consolidation of related cases or the holding of separate trials. Rule 43 addresses
the taking of testimony, which is to be taken in open court whenever possible. Rule 44 governs
authentication of official records.
Rule 45 deals with subpoenas. A subpoena commands a person to give testimony, to produce doc-
uments for inspection and copying, or both. Although included in the Chapter headed "trials,"
subpoenas can also be used to obtain document production or depositions of non-parties to the
litigation during the pre-trial discovery stage.
Rule 46 provides that formal "exceptions" to court rulings are no longer necessary so long as a
sufficient record is made of the objecting party's position.
The next several rules govern jury trials. Rule 47 provides for the selection of jurors and rule 48
governs the number of jurors in a civil case. A civil jury must consist of between six and twelve
jurors (six jurors are presently used in the vast majority of federal civil trials; juries of twelve are
still required in federal criminal cases). Rule 49 provides for use of "special verdicts" in jury trials,
under which the jury may be asked to respond to specific questions rather than just finding liability
or non-liability and determining the amount of the damages, if any. Rule 50 addresses situations
in which a case is so one-sided that the court may grant "judgment as a matter of law" taking the
case from the jury. Rule 51 governs jury instructions.
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Rule 52 provides procedure for the judge to hand down findings and conclusions following non-
jury trials. Rule 53 governs masters, who are typically lawyers designated by the court to act as
neutrals and assist the court in a case.
Rules 54 to 63.
Rule 56 deals with summary judgment. It is considered the last gate-keeping function before
trial, answering the question of whether the claim could even go to a jury. A successful summary
judgment motion persuades the court there is no "genuine issue of material fact" and also that the
moving party is "entitled to judgment as a matter of law."
The moving party can show that the disputed factual issues are illusory, can show a lack of genuine
issue by producing affidavits or can make a showing through discovery. The movant can point
either to the other side's inadequacies or can affirmatively negate the claim.
The moving party has the burden of production; it has to come up with some evidence that there's
no genuine issue of material fact. Then the burden shifts to the non-moving party, which has to
show that the claim is adequate to let it get to the jury. The non-movant can submit affidavits,
depositions, and other material.
The burden shifts again to the moving party, which must say that there's still no genuine issue of
material fact. A court grants summary judgment when there is no way the movant can lose at trial.
When the moving party is the plaintiff, then it has to show that there's no way that a jury could
find against it.
(A partial summary judgment usually pertains only to certain claims, not the whole case.)
Rule 50 also deals with judgments as a matter of law, however Rule 50 decisions take place after
a jury has been empaneled. A motion under Rule 50(a) generally takes place immediately after
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the opposing party has finished presenting its case and must take place before the case is submitted
to the jury. Importantly, to keep open the option of moving for a "judgment notwithstanding the
verdict," or "judgment non obstante verdicto" after the jury has returned a verdict, one must file a
Rule 50(a) motion. Under the Federal Rules of Civil Procedure, the two are not separate motions,
the JNOV motion is simply a renewed Rule 50(a) motion. A renewed 50(a) motion must be filed
within 28 days of verdict entry.
Rule 50 also covers motions for a new trial. These motions can be granted, denied, conditionally
granted, or conditionally denied. Conditional grants or denials cover what will happen if the case
is reversed on appeal. For instance, a case that ends with a successfully renewed Rule 50(a) motion
to overturn the jury verdict may also include a conditional grant of a new trial. If the losing party
wins their appeal, the trial will start over again. A motion for a new trial is a Rule 59(a)(1) motion
and is generally filed simultaneously and as an alternative to a renewal of a Rule 50(a) motion.
Effective December 1, 2009 substantial amendments were made to rules 6, 12, 13, 14, 15, 23, 27,
32, 38, 48, 50, 52, 53, 54, 55, 56, 59, 62, 65, 68, 71.1, 72 and 81. While rules 48 and 62.1 were
added. Rule 1 (f) was abrogated. The majority of the amendments affect various timing require-
ments and change how some deadlines are calculated. The most significant changes are to Rule 6.
Before the FRCP were established, common-law pleading was more formal, traditional, and par-
ticular in its phrases and requirements. For example, a plaintiff bringing a trespass suit would have
to mention certain key words in his complaint or risk having it dismissed with prejudice.
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In contrast, the FRCP is based upon a legal construction called notice pleading, which is less for-
mal, is created and modified by legal experts, and is far less technical in requirements. In notice
pleading, the same plaintiff bringing suit would not face dismissal for lack of the exact legal term,
as long as the claim itself was legally actionable. The policy behind this change is to simply give
"notice" of grievances and to leave the details for later in the case. This acts in the interest of equity
by concentrating on the actual law rather than the exact construction of pleas.
Thirty-five states have adopted procedural codes based on the Federal Rules, but sometimes there
are slight variations.
In addition to notice pleading, a minority of states (e.g., California) use an intermediate system
known as code pleading, which is a system older than notice pleading and which is based upon
legislative statute. It tends to straddle the gulf between obsolete common-law pleading and modern
notice pleading. Code pleading places additional burdens on a party to plead the "ultimate facts"
of its case, laying out the party's entire case and the facts or allegations underlying it. Notice plead-
ing, by contrast, simply requires a "short and plain statement" showing only that the pleader is
entitled to relief. (FRCP 8(a)(2)). One important exception to this rule is that, when a party alleges
fraud, it must plead the facts of the alleged fraud with particularity. (FRCP 9(b)).
(The Field Code, which was adopted between 1848 and 1850, was an intermediate step between
common law and modern rules, created by New York attorney David Dudley Field. Field's code,
among other reforms, merged law and equity proceedings.)
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Surety Bonds
Title 6
(Enacted into positive law by the 80th Congress in 1947; combined into Title 31 when it was enacted into positive law.)
Title 7 Agriculture
Title 9 Arbitration
Title 11 Bankruptcy
Title 13 Census
Title 16 Conservation
Title 17 Copyrights
Title 20 Education
Title 23 Highways
Title 25 Indians
Title 29 Labor
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Title 34 Navy (repealed all of Title 34 in 1956 when Navy was moved into Title 10 subtitle C)
Title 35 Patents
Title 45 Railroads
Title 46 Shipping
Title 47 Telecommunications
Transportation
Title 49
(enacted into positive law in stages; Title IV in 1978, Title I in 1983, and Titles II, III, and V-X in 1994)
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Rules 64 to 71.
This Title deals with remedies that may be granted by a federal court – both provisional remedies
that may be ordered while the action is pending as well as final relief that may be granted to the
winning party at the end of the case.
Rule 64 is captioned "Seizure of Person or Property" and authorizes procedures such as Prejudg-
ment attachment, replevin, and garnishment. In general, these remedies may be awarded when they
would be authorized under the law of the state in which the federal court is located – a rare instance
in which the Federal Rules of Civil Procedure, generally designed to promote uniformity of prac-
tice in the federal districts throughout the country, defer to state law.
Rule 65 governs the procedure on applications for preliminary injunctions and temporary restrain-
ing orders.
Rule 65.1 addresses security and suretyship issues arising when the court orders a party to deposit
security such as a bond.
Rule 68 governs the offer of judgment procedure under which a party may make a confidential
offer of settlement in an action for money damages.
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Rules 69 and 70 deal with execution of judgments and orders directing a party to take a specific
act. Rule 71 deals with the effect of judgments on persons who are not parties to the action.
Chapter IX currently deals with special types of litigation that may take place in the federal courts.
A former version of Chapter IX, contained in the original Rules of Civil Procedure, dealt with
appeals from a District Court to a United States Court of Appeals. These rules were abrogated in
1967 when they were superseded by the Federal Rules of Appellate Procedure, a separate set of
rules specifically governing the Courts of Appeals.
Rule 72 sets forth procedures for matters before United States magistrate judges, including both
"dispositive" and “non-dispositive" matters, and provides for review of the magistrate judge's de-
cision by a District Judge.
Rule 73 provides that Magistrate Judges may preside over certain trials consistent with statute and
upon the consent of all parties.
Rules 77 to 80
Rules 81 to 86
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Title XIII – Supplemental Rules for Admiralty or Maritime Claims and Asset
Forfeiture Actions
Rule A outlines the scope and application of the supplementary rules in respect to certain remedies
under admiralty and maritime claims, forfeiture actions in rem, and the procedure in statutory
condemnation proceedings analogous to maritime actions.
Rule C applies to actions in rem to enforce maritime liens or pursuant to federal statute which
provides for a maritime actions in rem.
Rule D deals with possessory, petitory, and partition actions in admiralty actions.
Rule E applies to actions in personam with process of maritime attachment and garnishment, ac-
tions in rem, and petitory, possessory, and partition actions.
Rule G deals with forfeiture actions in rem arising from federal statute
• The writ of habeas corpus, usually used to test the legality of a prisoner's detention, has
expressly been preserved. It is explicitly mentioned in the United States Constitution (Art.
1, § 9, cl. 2). In the United States federal courts, the writ is most often used to review the
constitutionality of criminal convictions rendered by state courts. The writ's application
does not stop there: the Supreme Court has held the writ of habeas corpus open to all indi-
viduals held by the federal government, including Guantanamo Bay detainees. See
Boumediene v. Bush.
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• By statute, the Supreme Court of the United States uses the writ of certiorari to review
cases from the United States courts of appeals or from the state courts.
• In extraordinary circumstances, the United States court of appeals can use the common law
writ of prohibition under the All Writs Act to control proceedings in the district courts.
• Some courts have held that in rare circumstances in a federal criminal case, a United States
district court may use the common law writ of error coram nobis under the All Writs Act
to set aside a conviction when no other remedy is available.
• The United States district courts normally follow state- in the United States federal courts
but are almost never used in practice. In modern times, the All Writs Act is most commonly
used as authority for federal courts to issue injunctions to protect their jurisdiction or ef-
fectuate their judgments.
The situation in the courts of the various U.S. states varies from state to state but is often similar
to that in the federal courts. Some states continue to use writ procedures, such as quo warranto,
that have been abolished as a procedural matter in federal courts.
In an attempt to purge Latin from the language of the law, California law has for many years used
the term writ of mandate in place of writ of mandamus, and writ of review in place of writ of
certiorari.
Prerogative writs
The due process for petitions for such writs is not simply civil or criminal, because they incorporate
the presumption of non-authority, so that the official who is the respondent has the burden to prove
his authority to do or not do something, failing which the court has no discretion but to decide for
the petitioner, who may be any person, not just an interested party.
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In this they differ from a motion in a civil process in which the burden of proof is on the movant,
and in which there can be a question of standing.
Other writs
• A writ of attachment permits the arrest of a person or the seizure of private property.
• A writ of audita querela inhibits the unconscionable use of a lawful judgment because of
matters arising subsequent to the judgment.
• A writ of capias directs an officer to take into custody the person named in the writ or
order.
• A writ of coram nobis corrects a previous error "of the most fundamental character" to
"achieve justice" where "no other remedy" is available, e.g., when a judgment was rendered
without full knowledge of the facts.
• A writ of elegit orders the seizure of a portion of a debtor's lands and all his goods (except
work animals) towards satisfying a creditor, until the debt is paid off.
• A writ of error is issued by an appellate court, and directs a lower court of record to submit
its record of the case laid for appeal.
• A writ of exigent (or exigend) commands a sheriff to summon a defendant indicted for a
felony, who had failed to appear in court, to deliver himself up upon pain of outlawry or
forfeiture of his goods.
• A writ of fieri facias (colloquially "fi fa") commands a sheriff to take and auction off
enough property from a losing party to pay the debt (plus interest and costs) owed by a
judgment debtor.
• A writ of mittimus orders either (1) a court to send its record to another or (2) a jailor to
receive the accused in his or her custody at any point during the investigative or trial pro-
cess.
• A writ of ne exeat restrains a defendant from fleeing the country or jurisdiction.
• A writ of praemunire instructs a sheriff to order someone to appear in court to answer for
any of a number of different crimes.
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Before formally introducing you to all of various WRITS, and familiarizing you with each
of their individual usages and associative applications, it would only be appropriate to first
provide you with some important information on the individual most deserting credit for
the existence of this Reference Device Learning Tool. If not for this dynamic individual’s
LOVE this tool would not exist.
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fact individuals of pure Aboriginal Moorish descent who through the mind ravaging effects
of their savage European American enslavers become (over time) ignorant of their true
Native identity.
The Prophet, Noble Drew Ali preached a doctrine of Love and formal educational curric-
ulum of Moorish American Pride which advocated an embracing of higher spiritual Islamic
values. Following the murder of a fellow Moorish Science Temple leader by those set on
destroying the then thriving Moorish American community, Noble Drew Ali was arrested
(yet never charged) and sent to prison where he was tortured to the point of his subsequent
death in 1929.
Drew Ali founded the first recognized Islamic denomination in American History, and is
considered by most to be the first Modern American-born Islamic religious leader. With
all of the so called Original Founding Fathers of The United States of America being them-
selves in fact Islamic Theists and Deist (Masons) The United States of America’s roots
were originally founded in Islamic traditions. This is evidenced by such events as General
George Washington being elected to stand as not only President of his New Republic, but
also as the most Senior Masson of his day, and Thomas Jefferson having been sworn into
his Presidency using the Quran not the King James Bible.
Although membership and uniformity within the Moorish Science Temple of America has
largely declined since his time, Noble Drew Ali's legacy remains quite significant and is
recognized as having influenced the founding and much of the positive ideologies of the
organization which(by the powers-to-be) was allowed to come into existence and flourish
following his untimely assassination, the Nation of Islam which usurped much of the MST
of A’s influence over and within the Moorish Community and was successful in elevating
the legacy of their leadership over that of the individual who had reestablish ISLAM to
America, Noble Drew Ali.
Early Life
There are some details of Noble Drew Ali's early life which are not as well documented as many
wish they were, and some information has over time became mixed with that of legend within
the community. The most common account is that the Prophet Noble Drew Ali was born Timo-
thy Drew, on January 8, 1886, in North Carolina. Sources differ as to his background and up-
bringing: reportedly he was the orphaned son of two former enslaved Moors of the Cherokee
tribe. Another report describes him as the son of a Moroccan Muslim Father and Moorish Cher-
okee Mother. One version of his life, common among family within of the Moorish Science
Temple holds that Noble Drew Ali was raised by a reportedly abusive aunt, who once threw him
into a furnace.
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This version holds that he left home at 16 and joined a group of Hindi travelers who took him
overseas to Egypt, Morocco, and several parts of the Middle East. It has also been said that No-
ble Drew Ali worked in the circus for some time as well as a Merchant Seaman, before his trav-
els to Egypt. Although its said he never received what we would call a formal education, he
came to acquire a profound Adept knowledge of Eastern philosophy and other deeper wisdoms
of Esoteric Mysticism.
In 2014, a completely different understanding of Drew Ali's early life was presented with the
publication of an article in the online Journal of Race Ethnicity and Religion. The article was
reported to have presented acquired evidence (census records, newspaper ads, newspaper arti-
cles, and a World War I draft card, and street directory records) which appeared to link Noble
Drew Ali to one "Thomas Drew," born on the same date as "Timothy Drew" however originating
from Virginia, apposed to the former more commonly accepted geographic region of North Car-
olina.
Spiritual Formation
During Noble Drew Ali’s overseas travels in Egypt, he was said to have been befriended by a
High Priest of Egyptian wisdoms. In one section of Noble Drew Ali's colorful biography, it was
stated that the Egyptian High Priest came to believe Noble Drew Ali to be a reincarnation of his
faith’s founder. In other accounts its said that the priest considered him a reincarnation other
former prophets. According to the biography, the high priest trained Ali in Eastern Mysticism
and gave him a formally "lost section" of the Quran.
This text came to be known as the Holy Koran of the Moorish Science Temple of America (not to
be confused with the Islamic Holy Quran of the East). It is also known as the Holy Quran Circle
Seven by some and "Circle Seven (Holy) Koran” because of its cover, which features a red "7"
surrounded by a blue circle. The first 19 chapters are similar to The Aquarian Gospel of Jesus
the Christ published in 1908 attributed to the esoteric Ohio evangelist Levi Dowling which also
described Jesus’s/Yashua’s earlier (pre-New Testament) travels in India, Egypt and Palestine
during the years of his childhood, youth and as a younger man before the accounts written of
within the New Testament.
Chapters 20 through 45 are borrowed are similar to the Rosicrucian literature know as Unto
Thee I Grant, which are instructions on the proper way of living as well as the proper education
and moral duties of individuals within a proper society.
In the final four chapters of the Circle Seven Holy Koran Noble Drew Ali wrote:
“The fallen sons and daughters of the Asiatic Nation of North America need to learn to love in-
stead of hate; and to know of their higher self and lower self. This is the uniting of the Holy Ko-
ran of Mecca for teaching and instructing all Moorish Americans, etc.
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The key of civilization was and is in the hands of the Asiatic Nations. The Moorish, who were
the ancient Moabites, and the founders of the Holy City of Mecca.”
Noble Drew Ali educated his community in the understanding of “Jesus/Yashua and Moors of
the Americas were in fact Asiatic." ("Asiatic" a term Noble Drew Ali used for all dark or olive
and/or coper colored people; and reframed from using the term whites when referring to Europe-
ans and those of European decent. He educated the community in an understanding that all Asi-
atics should be allied.) Noble Drew Ali taught those in his greater Moorish community who
considered themselves to be African Americans (as they were been made to believe from their
former enslavers) that they were in fact Moors Indigenes to America and defendants of the an-
cient Moabites tribes relative to pre-pandemic Northwest Africa. Noble Drew Ali help to edu-
cate his community on the positive merits of Islam and its teachings as being beneficial to their
earthly salvation, and that their 'true nature’ (as well know of course know) had simply been hid-
den from them. In the traditions he founded, male members of the Temple wear a fez or turbans
as head covering; and women also wore modest turbans.
Noble Drew Ali greatly encouraged "Moorish-Americans" to become better citizens and well
educated in Civics. In one of his many notable talks put to script entitled: "A Divine Warning
By the Prophet for the Nations", he urged the Moorish Community at large to reject derogatory
labels, such as “Black, Colored and Negro” as well as urged Americans of all races to reject hate
and embrace love. Noble Drew Ali was also credited for his professing that a day would come
when all would know of Chicago as become a second Mecca for the faithful.
It has been reported that Noble Drew Ali crafted Moorish Science ideology from a variety of
sources, a "network of ultra-positive alternative spiritualities that focused on the power of the in-
dividual to bring about personal growth and spiritually uplifting transformation through mystical
knowledge of the divine understandings from within”. In the interwar period in Chicago and
other major cities, he took afforded opportunity to preach Self Pride and a strong sense of Com-
munity Pride. His approach appealed to thousands of Moors who had left severely oppressive
conditions in the South through the Great Migration and faced struggles adapting in new urban
environments.
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The photo on the following page show attendees of the 1928 Moorish Science Temple in Chi-
cago. Prophet Noble Drew Ali is shown in white, standing in the front row slightly left of center
with hand over heart.
Historians have found that after leaving North Carolina, Prophet Noble Drew Ali moved to New-
ark, New Jersey, where he worked as a train expressman. In 1913, Drew Ali formed the Canaanite
Temple in Newark.
Prophet Noble Drew Ali left the city after educating the community on his views regarding matters
of race. Prophet Noble Drew Ali and some of his followers migrated, while planting congregations
in Philadelphia; Washington, D.C., and Detroit; where finally Prophet Noble Drew Ali settled in
Chicago in 1925, saying the Midwest was "closer to Islam." The following year he officially
registered Temple No. 9.
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There he instructed followers not to be confrontational but to build up their people to be respected
by all as to regain their proper place in what was now (at the time, and from that point forward
called by most) the United States, as well as by re-developing a Cultural National Identity that was
congruent with Prophet Noble Drew Ali higher inner-standings. In the late 1920s, some journal-
ists estimated the Moorish Science Temple had 35,000 members in 17 temples in cities across the
Midwest and upper South. The ushers of the Temple wore black fezzes. The leader of a particular
temple were known as a Grand Sheik, or Governor(s). The Moorish Science movement was re-
portedly studied, watched and often interfered with by the Chicago police and other Governmental
bodies, as was the case with most organizations and institutions which proved to be positive influ-
ences within the Moorish community.
In the photo above Prophet Noble Drew Ali may be seen standing (top center) with Chicago Al-
derman Louis B. Anderson (to his right) and Congressman Oscar De Priest.
Prophet Noble Drew Ali attended the 1929 inauguration of Illinois Governor Louis Lincoln Em-
merson.
The Chicago Defender stated that his trip included "interviews with many distinguished citizens
from Chicago, who greeted him on every hand.” With the growth in its population and member-
ship, Chicago was established as the center of the Moorish Science movement at that time.
It is said that in early 1929, following a conflict over funds, Claude Green-Bey, the business man-
ager of Chicago Temple No. 1 split from the Moorish Science Temple of America, declared him-
self Grand Sheik and took a number of members with him. On March 15, Green-Bey was report-
edly stabbed at the Unity Hall of the Moorish Science Temple, on Indiana Avenue in Chicago and
died shortly thereafter. No connection with The Moorish Science Temple of America or any of its
members and the death of Claude Green-Bey was ever established. Some say the the stabbing was
a part of a Government Sponsored Telco-pro operation to create divisiveness among factions;
which was a common practice for many decades to follow.
It was reported that Prophet Noble Drew Ali who was out of town at the time, dealing with other
matters regarding the former Supreme Grand Governor Lomax-Bey (professor Ezaldine Muham-
mad), who had supported Green-Bey's attempted coup. Upon his returned to Chicago,
Prophet Noble Drew Ali arrested along with other members of the community on suspicion of
having instigated the killing. No indictment was sworn for Drew Ali at that time, nor was any
connection ever established for him having any involvement at all with what befell Claude Green-
Bey; reminiscent of many Government Telco-pro operations to follow in decades to come with
respect to the SO CALLED BLACK and OR AFRICAN-AMERICAN or NEGRO community
leaders who followed in his footsteps as one medicated to improving the condition and treatment
of Moors in America.
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Death
Shortly after Prophet Noble Drew Ali release by the police, he died as a result of the circumstances
of his treatment while incarcerated. Prophet Noble Drew Ali’s Certificate of Death stated that he
died from "tuberculosis broncho-pneumonia” although he was known ti have been in perfect health
at the time of his arrest. Despite the SO CALLED Official Report it was understood and known
that his death was caused by injuries inflicted by the police with “pneumonia” being one of the
results of his treatment while incarcerated.
Prophet Noble Drew Ali’s funeral took place on July 25, 1929, with hundreds attending. The
services were held at the Pythian Temple in Chicago, followed by the burial at Burr Oak Cemetery
in nearby Alsip.
The death of Prophet Noble Drew Ali brought out a number of candidates who vied to succeed
him. Edward Mealy El stated that he had been declared Drew Ali's successor by Drew Ali him-
self, . . while John Givens-El, Prophet Noble Drew Ali chauffeur, declared himself to be
Prophet Noble Drew Ali reincarnated. M.S. T. of A. records indicate that the governors of the
Moorish Science Temple of America declared Charles Kirkman-Bey to be the successor to Drew
Ali and named him Grand Advisor. All three factions (Kirkman Bey, Mealy El, and Givens El)
remain active today.
Many members of the Nation of Islam reportedly (for some time) denied there being any historical
connection to the Moorish Science Temple of America, until February 26, 2014, when Louis Far-
rakhan acknowledged Noble Drew Ali's true Founding contribution to the History of the resurrec-
tion of Islam in American; however Prophet Noble Drew Ali’s Prime Directive of teaching the
community Knowledge of Self through educating the Moorish American Community towards an
honest understanding of their TRUE Nature and Heritage as it related to their actual Heredita-
ments’ as being the actual Aboriginals and Indigenous Palio-American’s of the Americas was
not revived. The subject of our Nationality as Moors remains for some unknown reason to be a
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subject in which Louis Farrakhan has continued to not disclose as being of utmost importance to
is followers within the Nation of Islam even though it was (and remains to be) in fact The Prime
Directive of His Teacher’s Teacher’s, Teacher: The Honorable Noble Drew Ali. Prophet Noble
Drew Ali taught Wallace Fard Muhammad (Elisha Mohamed’s Teacher) that the most important
element of any teaching in our community was in fact to remain teaching the community about
their NATIONALITY, in that it is NATIONALITY which defines one’s STATUS in LAW; and
to comprehend that without a well grounded understanding of this One Most Important
Fact regarding our Moorish Nationality and Status In Law, one can only remain Civil Liter Mor-
tus, which means: Dead In The Eyes of The Law!
In 1986, the Moroccan Ambassador to the United States officially recognized the Moorish Sci-
ence Temple's Islamic linkage to Morocco through Prophet Noble Drew Ali.
———————————————————————————————————————
The Following is a Pause in the Sidebar Regarding: The Moorish Science Temple of America
PLEASE NOTE:
Some of the information provided above on the subject of the Moorish Science
Temple of America (like most references on this subject) are not to be taken (in
my opinion) as gospel and/or as the definitive indisputable truth in any manner.
Like all and every subject in this treatment, it is important that the material con-
tained herein (and elsewhere) be used only as a supplement for your own per-
sonal research; not the end all of your research on any particular subject or topic.
Further, should you find during the course of your research any information which
differs with any information provided herein, please do recognize it to be your “re-
sponse-ability” to ascertain which of the presentations are the most correct
and/or truthful, and use that reference as your primary basis of fact until such time
that you find other or any other substantially corrective supplemental facts which
support the truth of whatever it may be that you are researching. Building on your
well researched facts in this manner will ALWAYS serve you well.
--------------------------—------—-------------------------
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The Moorish Science Temple of America was founded as an American National and Religious
Organization by Noble Drew Ali based on the fact that Moorish Americans (the mis-identified African
Americans) are in actuality the Direct Descendants of the Moorish Empire and are thus Moorish by
Nationality, and historically Islamic by faith. Noble Drew Ali developed and decimated a message
of personal positive transformation through historical education, racial pride and spiritual upliftment
of ALL Mankind. Noble Drew Ali’s doctrine was intended to provide Moors with a true sense of
identity in the world and to promote ACTIVE Civic Involvement.
GENERAL
Writ of Prevention :
• This name is given to certain writs which may be issued in anticipation of suits which
may arise. CoLitt. 100.
A further reference to this form of Writ is the Latin phrase: “Quia Timet” meaning: Be-
cause he fears or apprehends. In equity practice: The technical name of a bill filed by a
party who seeks the aid of a court of equity, because he or she fears some future probable
injury to their rights or interests, and relief granted must depend upon circumstances. 2
Story, Eq. Jur. § 826; Pell v. McCabe, D.C.N.Y., 254 F. 356, 357; Estate of Gilbert Smith
v. Cohen, 123 N.J.Eq. 419, 196 A. 361, 364.
Alias Writ :
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• A second writ issued in the same cause, where a former writ of the same kind has been
issued without effect.
Concurrent Writ :
Duplicate originals, or several writs running at the same time for the same purpose,
for service on or arrest of a person, when it is not known where he is to be found; or for
service on several persons, as when there are several defendants to an action. Mozley
&Whitley.
Judicial Writs :
The capias and all other writs subsequent to the original write not issuing out of
chancery, but from the court to which the original was returnable. Being grounded on
what has passed in that court in consequence of the sheriff's return, they wee called
judicial writs, in contradistinction to the writs issued out of chancery, which were call
original writs. 3 B1.Comm.282. Such writs as issue under the private seal of the courts,
and not under the great seal of England, and are tested or witnessed, not in the king's
name, but in the name of the chief judge of the court out of which they issue. The word
“judicial” is used in contradistinction to “original:” original writs being such as issue out
of chancery under the great seal, and are witnessed in the king's name. See 3 B1. Comm.
282. Pullman's Palace-Car Co. v. Washburn, C.C.Mass., 66 F. 792.
Junior Writ :
One which is issued, or comes to the officer's hands, at a later time than a similar
writ, at the suit of another party, or on a different claim, against the sam defendant.
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Original Writ :
In English practice. An original writ was the process formerly in use of the com-
mencement of personal actions. It was a mandatory letter from the king, issuing out of
chancery, sealed with the great seal, and directed to the sheriff of the county wherein the
injury was committed, or was supposed to have been committed, requiring him to com-
mand the wrong-doer or accused party either to do justice to the plaintiff or else to appear
in court and answer the accusation against him. This writ is now disused, the writ of
summons being the process prescribed by the uniformity of process act for commencing
personal actions; and under the judicature act, 1873, all suits, even in the court of chan-
cery, are to be commenced by such writs of summons. Brown.
Patent Writ : In old practice, an open writ; one not closed or sealed up.
Peremptory Writ :
• An original writ, called from the words of the writ a “si te fecerit securum,” and which
directed the sheriff to cause the defendant to appear in court without any option given
him, provided the plaintiff gave the sheriff security effectually to prosecute his claim.
The writ was very occasionally in use, and only where nothing was specifically de-
manded, but only a satisfaction in general; as in the case of writs of trespass on the case,
wherein no debt or other specific thing was sued for, but only damages to be assessed
by a jury. Brown.
Prerogative Writs :
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• Those issued by the exercise of the extraordinary power of the crown (the court, in mod-
ern practice) on proper cause shown; namely, the writs of procedendo, mandamus,
prohibition, quo warranto, habeas corpus, and certiorari.
WRIT OF ASSISTANCE :
• The name of a writ which issues from the court of chancery, in aid of the execution of a
judgment at law, to put the complainant into possession of lands adjudged to him, wen
the sheriff cannot execute the judgment. Emerick v. Miller, Ind.App., 62 N.E. 285;
Hagerman v. Heltzel, 21 Wash. 444, 58 P. 580; Marblehead Land Co. v. Los Angeles
County, D.C. Cal., 276 F.305.
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• A form of process issued by an equity court to transfer the possession of lands, title or
possession to which it has previously adjudicated, as a means of enforcing its decree,
and performs the same office in a suit in equity as an execution in an action at law.
Burney v. Lee, 57 Ariz. 41, 110 P.2d 554, 556.
• Its office is confined to lend aid to original equity jurisdiction, and the writ cannot be
employed as a substitute for other common-law or statutory actions. Patterson v.
McKay, 202 Ark. 241, 150 S.W. 2D 196. It is essentially a mandatory injunction, effect
of which is to bring about a change in the possession of realty—it dispossesses the oc-
cupant and gives possession to one adjudged entitled thereto by the court. Dusbabek v.
Local Building & Loan Ass'n, 178 Okl. 592, 63 P.2d 756, 759.
A “writ of assistance” is equivalent to the writ of habere facias possessionem at law, and
issues as of course without notice, so far as the parties to the record are concerned, when
necessary to execute a decree. Gardner v. Duncan, 104 Miss. 477, 61 So. 545, 546.
While the office of both a write of assistance and a writ of possession is to put the party
entitled thereto into the possession of property, the former issues from equity and the latter
from law. Souther State Bank v. Leverette, 187 N.C. 743, 123 S.E. 68, 70.
An ancient writ issuing out of the exchequer. Moz. & W. A writ issuing from the court of
exchequer to the sheriff commanding him to be in aid of the king's tenants by knight's
service, or the king's collectors, debtors, or accountants, to enforce payment of their own
dues, in order to enable them to pay their own dues to the king. 1 Madox, Hist. Exch.675.
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WRIT OF ASSOCIATION :
• In English practice. A writ whereby certain persons (usually the clerk of assize and sub-
ordinate officers) are directed to associate themselves with the justices and serjeants;
and they are required to admit the said persons into their society in order to take the
assies. B1.Comm.59.
WRIT OF ATTACHMENT :
• A writ employed to enforce obedience to an order or judgment of the court. It may take
the form of commanding the sheriff to attach the disobedient party and to have him be-
fore the court to answer his contempt. Smith, Act. 176.
• In its generic sense, any mesne civil process in the nature of a writ on which property
may be attached, including trustee process. Smith v. Smith, 120 Me. 379, 115 A. 87, 88.
See, also, Attachment.
WRIT OF CONSPIRACY :
• A writ which anciently lay against persons who had conspired to injure the plaintiff,
under the same circumstances which would now give him an action on the case. It did
not lie at common law, in any case, except when the conspiracy was to indict the party
either of treason or felony; all the other case of conspiracy in the treatment were but
actions on the case. Hutchins v. Hutchins, 7 Hill (N.Y.)
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WRIT OF COVENANT :
• A writ which lies where a party claims damages for breach of covenant; i.e., of a promise
under seal.
WRIT OF DEBT :
• A writ which lies where the party claims the recovery of a debt; i.e., a liquidated or certain sum
of money alleged to be due to him.
• This is debt in the debet, which is the principal and only common for. There is another
species mentioned in the books, called the debt in the detinet, which lies for the specific
recovery of goods under a contract to deliver them 1 Chitty, Pl. 101.
WRIT OF DECEIT :
• The name of a writ which lies where one man has done anything in the name of another,
by which the latter is damnified and deceived. Fitzh.Nat.Brev. 95, E.
WRIT OF DELIVERY :
• A writ of execution employed to enforce a judgment for the delivery of chattels. It com-
mands the sheriff to cause the chattels mentioned in the writ to be returned to the person
who has obtained the judgment; an 1, if the chattels cannot be found, to distrain the
person against whom the judgment was given until he returns them. Smith, Act. 175;
Sweet.
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WRIT OF DETINUE :
• A writ which lies where a party claims the specific recovery of goods and chattels, or
deeds and writings, detained from him. This is seldom used; trover is the more frequent
remedy, in cases where it may be brought.
WRIT OF DOWER :
• This is either a writ of dower unde nihil habet, which lies for a widow, commanding the
tenant to assign her dower, no part of which has yet been set off to her; or a writ of right
of dower, whereby she seeks to recover the remainder of the dower to which she is en-
titled, part having been already received from the tenant. This latter writ is seldom used.
WRIT OF EJECTMENT :
The writ in an action of ejectment, for the recovery of lands. See Ejectment.
WRIT OF ENTRY :
• A real action to recover the possession of land where the tenant (or owner) has been
diseased or otherwise wrongfully dispossessed. If the disseisor has aliened the land, or
if it has descended to his heir, the writ of entry is said to be in the per, because it alleges
that the defendant (alienee or heir) obtained possession through the original disseisor.
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If two alienations (or descents) have taken place, the writ is in the per and cui, because it
alleges that the defendant (the second alienee) obtained possession through the first alienee,
to whom the original disseisor had aliened it. If more than two alienations (or descents)
have taken place, the writ is in the post, because it simply alleges that the defendant ac-
quired possession after, the original disseisin. Co.Litt. 238B; 3 Bl.Comm 180. The writ of
entry was abolished, with other real actions, in England, by St. 3 & 4 Wm. IV. c. 27, SS
36, but still in use in a few of the states of the Union. Sweet. See, also, entry, Writ of.
WRIT OF ERROR :
• A writ issued from a court of appellate jurisdiction, directed to the judge or judges of a
court of record, requiring them to remit to the appellate court the record of an action
before them, in which a final judgment has been entered, in order that examination may
be made of certain errors, alleged to have been committed, and that the judgment may
be reversed, corrected, or affirmed, as the case may require. Siegelschiffer v. Penn Mut.
Life Ins. Co., C.C.A.N.Y., 248 F. 226, 228; Ward v. Williams, 270 Ill. 547, 110 N.E.
821, 823; Board of County Com'rs of Harford County v. Jay, 122 Md. 324, 89 A. 715,
717. It is brought for supposed error in law apparent on record and takes case to higher
tribunal, which affirms or reverses. Chambers v. State, 117 Fla. 642, 158 So. 153. It is
commencement of new suit to set aside judgment, and is not continuation of suit to
which it relates. Winchester v. Winn, 225 Mo.App. 288, 29 S.W.2d 188, 190.
And unless abolished by statute, is writ of right applicable to all cases in which jurisdiction
is exercised according to course of common law, but is inapplicable to cases not known to
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or in derogation of common law, unless otherwise provided by statue. Freeport Motor Cas-
ualty Co. v. Madden, 354 Ill. 329, 188 N.E. 415, 416.
“Appeal” is a process of civil law origin that entirely removes cause to appellate court
subjecting facts as well as law to review and retrial, while “writ of error” is a process of
common-law origin and removes nothing to appellate court for re-examination except the
law. Whidden v. Abbott, 119 Fl. 25, 160 So. 475.
• A common-law writ, the purpose of which is to correct a judgment in the same court in
which it was rendered, on the ground of error of fact. Washington v. State, 92 Fl. 740,
110 So. 259, 262 People v. Black, 89 Cal.App. 225, 264 P. 346; for which the statute
provides no other remedy, which fact did not appear of record, Ernst v., State, 181
Wis.155,
I hope you will find it to be quite convent having the following Listed Index of Latin
Phrases close at hand as well when modifying Writs which you may find in the course of
your research. Over time in the course of your research you will no doubt find a number
of excellent Moorish Writ Collection Sites (websites
individuals have posted as either a handy manner of providing other direct access to their
dockets Made of Public Record (posted For Public Review) or as a resource for other re-
search such as yourself.) You’ll of course also find that some of these collections are not
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sources you wish to use. Either because the are simply not well constructed or constructed
by those not yet skilled in the are of Writ Construction or not possessing a firm understand-
ing of the law. These Writs can cause you more harm then help. While others, such as
those located at such sites as http://www.moorishnationpublicrecords.com/, you may
find quit helpful as study aids. A list similar in nature to the following will come in handy
either in you translating or re-construction/modification study sessions.
Although you will find that the material contained in the following indexed list of Latin
Phrases have NOT been color coded nor underlined (so as to avoid being visually distrac-
tive) some of the material has been provided call-outs marked with small yellow triangles
in the upper light-hand corner of the first column to indicate that I have placed further
details at your disposal; and several invisible 3rd party (external (INTERNET) hyperlink)
have also been provided throughout, as to place even more content connectivity at your
disposal.
Doing so in this manner you will find has provided you a much cleaner set of table from
which to conduct your research and translation exercises.
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Due to the amount of information contained in the following INDEX, adding any
further visual aids would have no doubt made your ease of use far more cumber-
some, reducing the value of the work that has been put into the construction of the
material to follow. Hopefully you will have many years of valuable use from
what’s being provided here.
from the greater to the From general to particular; "What holds for all X also holds for
a maiore ad minus
smaller one particular X." – argumentum a fortiori
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Or, "at will" or "at one's pleasure". This phrase, and its Italian
a bene placito from one well pleased (beneplacito) and Spanish (beneplácito) derivatives, are synon-
ymous with the more common ad libitum (at pleasure).
ab invito unwillingly
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an absent person will not be Legal principle that a person who is not present is unlikely to
absens haeres non erit
an heir inherit
Or, "let this not be a bad omen". Expresses the wish that some-
absit omen let an omen be absent thing seemingly ill-boding does not turn out to be an omen for
future events, and calls on Divine protection against evil.
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abyssus abyssum invocat deep calleth unto deep From Psalms 42:7; some translations have "sea calls to sea".
Or, "from Heaven all the way to the center of the Earth". In
law, it may refer to the proprietary principle of Cuius est so-
a caelo usque ad centrum from the sky to the center lum, eius est usque ad coelum et ad inferos ("Whosesoever is
the soil, it is his up to the sky and down to the depths [of the
Earth]").
From top to bottom; all the way through; or from head to toe;
a capite ad calcem from head to heel
see also a pedibus usque ad caput
accipe hoc take this Motto of the 848 Naval Air Squadron, British Royal Navy
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acta non verba Deeds Not Words Motto of the United States Merchant Marine Academy
actiones secundum fidei action follows belief "We act according to what we believe (ourselves to be)."[2]
Or, "a rough road leads to the stars", as on the Launch Complex
to the stars through difficul-
ad astra per aspera 34 memorial plaque for the astronauts of Apollo 1; motto of the
ties
State of Kansas and other organizations
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a Deucalione from or since Deucalion A long time ago; from Gaius Lucilius, Satires, 6, 284
"for the honour", not for the purpose of gaining any material re-
ad honorem to the honour
ward
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ad meliora towards better things Motto of St. Patrick's College, Cavan, Ireland
ad multos annos to many years Wish for a long life; similar to "many happy returns"
ad oculos to the eyes "obvious on sight" or "obvious to anyone that sees it"
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ad referendum to be proposed [before the Loosely "subject to reference": provisionally approved, but still
(ad ref) Senate] needing official approval. Not the same as a referendum.
for the term which has Legal phrase for a writ of entry ad terminum qui praeteriit ("for
ad terminum qui praeteriit
passed the term which has passed").
ad unum to one
ad vitam aeternam to eternal life Also "to life everlasting"; a common Biblical phrase
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One of the classic definitions of "truth". When the mind has the
correspondence of the mind
adaequatio intellectus et rei same form as reality, we think truth. Also found as adaequatio
and reality
rei et intellectus.
adaequatio intellectus nostri conformity of our minds to Phrase used in epistemology regarding the nature of under-
cum re the fact standing.
aegri somnia a sick man's dreams Horace, Ars Poetica, 7. Loosely, "troubled dreams".
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Latin translation from John 1: 36, when St. John the Baptist ex-
claimed "Ecce Agnus Dei!" ("Behold the Lamb of God!") upon
Agnus Dei Lamb of God seeing Jesus Christ; it refers both to the innocence of a lamb
and to Christ being a sacrificial lamb after the Jewish religious
practice.
light [is] to be nourished Or. "let learning be cherished". The motto of Davidson Col-
alenda lux ubi orta libertas
where liberty [has] arisen. lege.
Quotation from Isaiah, 40: "But those who wait for the Lord
shall find their strength renewed, they shall mount up on wings
alis aquilae on an eagle's wings
like eagles, they shall run and not grow weary, they shall walk
and not grow faint."
nothing [is] heavy with Or, "nothing is heavy to those who have wings". Motto of the
alis grave nil
wings Pontifical Catholic University of Rio de Janeiro, Brazil.
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Term used for the university one attends or has attended. An-
other university term, matriculation, is also derived from mater.
alma mater nourishing mother The term suggests that the students are "fed" knowledge and
taken care of by the university. The term is also used for a uni-
versity's traditional school anthem.
Final sentence from Aesop ascribed fable (see also Aesop's Fa-
bles) "The Frogs Who Desired a King" as appears in the collec-
alterius non sit qui suus esse let no man be another's who
tion commonly known as the "Anonymus Neveleti", in Fable
potest can be his own
21B: De ranis a Iove querentibus regem). Motto of Paracelsus.
Usually attributed to Cicero.
alterum non laedere to not wound another One of Justinian I's three basic legal precepts
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amor omnibus idem love is the same for all Virgil, Georgics,
amor patriae love of the fatherland Or, "love of the nation", i. e., patriotism
anno regni In the year of the reign Precedes "of" and the current ruler
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Used to describe 1348, the year the Black Death began to af-
annus terribilis dreadful year
flict Europe
As in status quo ante bellum ("as it was before the war"); com-
ante bellum before the war monly used in the Southern United States as antebellum to re-
fer to the period preceding the American Civil War.
ante cibum (a.c.) before food Medical shorthand for "before meals"
Ante faciem Domini before the face of the Lord Motto of the Christian Brothers College, Adelaide
ante meridiem (a.m.) before midday From midnight to noon; confer post meridiem
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apud in the writings of Used in scholarly works to cite a reference at second hand
an eagle does not catch Or, "a noble or important person does not deal with insignifi-
aquila non capit muscas
flies cant matters"
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An opaque circle around the cornea of the eye, often seen in el-
arcus senilis bow of an old person
derly people
arduus ad solem Striving towards the Sun Motto of Victoria University of Manchester
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astra inclinant, sed non ob- the stars incline us, they do Refers to the distinction of free will from astrological determin-
ligant not bind us ism
auctoritas non veritas facit authority, not truth, makes This formula appears in the 1668 Latin revised edition of
legem law Thomas Hobbes's Leviathan, book 2, chapter 26, p. 133.
audacia pro muro et scuto boldness is our wall, action Cornelis Jol,[5] in a bid to rally his rebellious captains to fight
opus is our shield and conquer the Spanish treasure fleet in 1638.
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From Virgil, Aeneid, Book 10, 284, where the first word is in
the archaic form audentis. Allegedly the last words of Pliny the
Elder before he left the docks at Pompeii to rescue people from
audentes fortuna iuvat fortune favors the bold the eruption of Vesuvius in 79. Often quoted as audaces for-
tuna iuvat. Also the motto of the Portuguese Army
Commandos and the USS Montpelier (SSN-765) in the latter
form.
audio hostem I hear the enemy Motto of the 845 NAS Royal Navy
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either by meeting or the I. e., either through reasoned discussion or through war. It was
aut consiliis aut ense
sword the first motto of Chile.
aut neca aut necare either kill or be killed Also: "neca ne neceris" ("kill lest you be killed")
aut pax aut bellum either peace or war Motto of the Gunn Clan
aut simul stabunt aut simul they will either stand to- Said of two situations that can only occur simultaneously: if
cadent gether or fall together one ends, so does the other, and vice versa.[6]
ave atque vale hail and farewell Catullus, Carmen 101, addressed to his deceased brother
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B
Latin Translation Notes
barba crescit
beard grows, head doesn't grow wiser
caput nescit
beati possidentes blessed [are] those who possess Translated from Euripides
beati qui ambu- Blessed are they who walk in the law of Inscription above the entrance to St. Andrew's Church (New
lant lege domini the Lord York City), based on Psalm 119:1
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bella detesta
war hateful to mothers from Horace
matribus
bello et jure
I grow old through war and law Motto of the House of d'Udekem d'Acoz (nl)
senesco
bellum omnium A phrase used by Thomas Hobbes to describe the state of na-
war of all against all
contra omnes ture
bellum se ipsum
war feeds itself
alet
bibo ergo sum I drink, therefore I am A play on "cogito ergo sum", "I think therefore I am"
bis in die (bid) twice in a day Medical shorthand for "twice a day"
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bono malum
Overcome evil with good Motto of Westonbirt School
superate
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C
Latin Translation Notes
Caesar non supra Caesar has no authority over the gram- Political power is limited; it does not include power
grammaticos marians over grammar.[11]
caetera desunt the rest is missing Caetera is Medieval Latin spelling for cētera.
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causa latet, vis est The cause is hidden, but the result is well Ovid: Metamorphoses IV, 287; motto of Alpha
notissima known. Sigma Phi.
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cetera desunt the rest are missing Also spelled "caetera desunt".
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Christo et Doctrinae For Christ and Learning The motto of Furman University.
circulus in probando circle made in testing [a premise] Circular reasoning. Similar term to circulus vitiosus.
citius altius fortius faster, higher, stronger Motto of the modern Olympics.
clarere audere gaudere [be] bright, daring, joyful Motto of the Geal family.
claves Sancti Petri the keys of Saint Peter A symbol of the Papacy.
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clerico intra sacros In law, a writ directed to the bailiffs, etc., that have
ordines constituto non thrust a bailiwick or beadleship upon one in holy or-
eligendo in officium ders; charging them to release him.
Cogitationis poenam nemo "No one suffers punishment for mere in- A Latin legal phrase. See, State v Taylor, 47 Or 455,
patitur tent." 84 P 82.
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concordia cum veritate in harmony with truth Motto of the University of Waterloo
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contra principia negantem there can be no debate with those who Debate is fruitless when you don't agree on common
non est disputandum deny the foundations rules, facts, presuppositions.
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cor meum tibi offero do- my heart I offer to you Lord promptly John Calvin's personal motto, also adopted by Cal-
mine prompte et sincere and sincerely vin College
coram nobis, coram vobis in our presence, in your presence Two kinds of writs of error.
Corpus Iuris Civilis Body of Civil Law The body of Roman or civil law.
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corvus oculum corvi non a raven does not pick out an eye of an-
eruit other raven
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while I live, I trust in the cross, Whilst I Motto of the Sisters of Loreto (IBVM) and its asso-
cruci dum spiro fido
trust in the Cross I have life ciated schools.
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cum gladio et sale with sword and salt Motto of a well-paid soldier. See salary.
cum grano salis with a grain of salt Not to be taken too seriously or as the literal truth.
cuncti adsint meritaeque let all come who by merit deserve the
Motto of University College London.
expectent praemia palmae most reward
custodi civitatem, Domine guard the city, O Lord Motto of the City of Westminster.
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Also da mihi facta, dabo tibi ius (plural "facta" (facts) for the
singular "factum"). A legal principle of Roman law that parties
da mihi factum,
give me the fact, I will give you the law to a suit should present the facts and the judge will rule on the
dabo tibi ius
law that governs them. Related to iura novit curia (the court
knows the law).
damnatio ad
condemnation to [the] beasts Colloquially, "thrown to the lions".
bestias
data venia with due respect / given the excuse Used before disagreeing with someone.
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datum perficie- We shall accomplish the mission as- Motto of Batalhão de Operações Policiais Especiais (BOPE),
mus munus signed Rio de Janeiro, Brazil.
de bonis In law, trespass de bonis asportatis was the traditional name for
carrying goods away
asportatis larceny, i.e., the unlawful theft of chattels (moveable goods).
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de futuro regarding the future Usually used in the context of "at a future time".
Also Dei Gratia Rex ("By the Grace of God, King"). Abbrevi-
Dei Gratia
By the Grace of God, Queen ated as D G REG preceding Fidei Defensor (F D) on British
Regina
pound coins, and as D G Regina on Canadian coins.
A court does not care about small, trivial things. A case must
de minimis non The law does not care about the small-
have some importance in order for a court to hear it. See "de
curat lex est things.
minimis non curat praetor".
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Also, "the chief magistrate does not concern himself with tri-
fles." Trivial matters are no concern of a high official; cf.
de minimis non the commander does not care about the aquila non capit muscas (the eagle does not catch flies). Some-
curat praetor smallest things. times rex (king) or lex (law) is used in place of praetor. De
minimis is a legal phrase referring to things unworthy of the
law's attention.
de mortuis aut Less literally, "speak well of the dead or not at all"; cf. de
about the dead, either well or nothing
bene aut nihil mortuis nil nisi bonum.
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Dei sub numine Motto of Princeton University, Princeton, New Jersey, United
under God's Spirit she flourishes
viget States.
Deo ac veritati for God and for truth Motto of Colgate University.
Deo domuique For God and for home Motto of Methodist Ladies' College, Melbourne.
Deo non fortuna by God, not fortune/luck Motto of the Epsom College in Surrey, England.
Deo optimo ma- Derived from the pagan Iupiter optimo maximo ("to the best
To the best and greatest God
ximo (DOM) and greatest Jupiter"). Printed on bottles of Bénédictine liqueur.
Deo patriae
For God, country, [and] learning Motto of Scotch College (Melbourne).
litteris
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desiderantes From Hebrews 11: 16. Adopted as the motto of the Order of
they desired a better land
meliorem patriam Canada.
Deus lux mea est God is my light The motto of The Catholic University of America.
Deus meumque The principal motto of Scottish Rite Freemasonry. See also
God and my right
jus Dieu et mon droit.
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dictum factum what is said is done Motto of United States Navy Fighter Squadron VF-194.
dictum meum
my word [is] my bond Motto of the London Stock Exchange.
pactum
disce ut semper
Learn as if always going to live; live as Attributed to St. Edmund of Abingdon. First seen in Isidoro de
victurus, vive ut
if tomorrow going to die. Sevilla
cras moriturus
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docendo disco,
I learn by teaching, I think by writing
scribendo cogito
"The ... concept is particular to a few civil law systems and can-
not sweepingly be equated with the notions of 'special' or 'spe-
cific intent' in common law systems. Of course, the same might
dolus specialis special intent equally be said of the concept of 'specific intent', a notion used
in the common law almost exclusively within the context of the
defense of voluntary intoxication." (Genocide scholar William
A. Schabas)[20]
Domine dirige
Lord guide us Motto of the City of London, England.
nos
Domine salvam
God save the queen
fac reginam
Domine salvum
God save the king
fac regem
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Dominica in albis Sunday in [Setting Aside the] White Latin name of the Octave of Easter in the Roman Catholic lit-
[depositis] Garments urgy.
Dominus
the Lord is my light Motto of the University of Oxford, England.
illuminatio mea
Dominus
The Lord is our strength Motto of the Southland College, Philippines.
fortitudo nostra
draco dormiens Motto of the fictional Hogwarts School of Witchcraft and Wiz-
nunquam a sleeping dragon is never to be tickled ardry of the Harry Potter series; translated more loosely in the
titillandus books as "never tickle a sleeping dragon".
dramatis More literally, "the masks of the drama"; the cast of characters
the parts/characters of the play
personae of a dramatic work.
duae tabulae
two blank slates with nothing written Stan Laurel, inscription for the fan club logo of The Sons of the
rasae in quibus
upon them Desert.
nihil scriptum est
ducit amor pa- Motto of the 51st Battalion, Far North Queensland Regiment,
love of country leads me
triae Australia.
ducunt volentem
the fates lead the willing and drag the
fata, nolentem Attributed to Lucius Annaeus Seneca (Sen. Ep. 107.11).
unwilling
trahunt
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dulce est desipere It is sweet on occasion to play the fool. Horace, Odes 4, 12, 28. Also used by George Knapton for the
in loco / It is pleasant to relax once in a while. portrait of Sir Bourchier Wrey, 6th Baronet in 1744.
dulce et decorum
It is sweet and honorable to die for the Horace, Odes 3, 2, 13. Also used by Wilfred Owen for the title
est pro patria
fatherland. of a poem regarding World War I, Dulce et Decorum Est.
mori
a sweet and useful thing / pleasant and Horace, Ars Poetica: poetry must be dulce et utile, i.e., both en-
dulce et utile
profitable joyable and instructive.
dulce periculum danger is sweet Horace, Odes, 3 25, 16. Motto of the Scottish clan MacAulay.
dulcius ex asperis sweeter after difficulties Motto of the Scottish clan Fergusson.[21]
dum cresco spero I hope when I grow Motto of The Ravensbourne School.
dum Roma Used when someone has been asked for urgent help, but re-
while Rome debates, Saguntum is in
deliberat sponds with no immediate action. Similar to Hannibal ante
danger
Saguntum perit portas, but referring to a less personal danger.
dum vivimus
while we live, we serve Motto of Presbyterian College.
servimus
dura lex sed lex [the] law [is] harsh, but [it is the] law Ulpian, Digesta Iustiniani, Roman jurist of the 3rd century AD.
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initium sapientiae The fear of the Lord is the beginning of A quotation of the Psalter. Motto of the University of Aber-
timor Domini wisdom. deen, Scotland.
Literally, out of more (than one), one. Used on many U.S. coins
e pluribus unum out of many, one and inscribed on the Capitol. Also used as the motto of S.L.
Benfica. Less commonly written as ex pluribus unum.
ecce ancilla name of oil painting by Dante Gabriel Rossetti, motto of Bish-
behold the handmaiden of the Lord
domini opslea Preparatory School.
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eluceat omnibus
let the light shine out from all The motto of Sidwell Friends School
lux
entitas ipsa
involvit
reality involves a power to compel sure A phrase used in modern Western philosophy on the nature of
aptitudinem ad
assent truth.
extorquendum
certum assensum
equo ne credite do not trust the horse Virgil, Aeneid, II. 48–49; a reference to the Trojan Horse
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et adhuc sub
it is still before the court Horace, Ars Poetica (The Art of Poetry) 1.78.
iudice lis est
167
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et hoc genus
And all that sort of thing Abbreviated to e.h.g.o. or ehgo
omne
et in Arcadia ego and in Arcadia [am] I In other words, "I, too, am in Arcadia". See memento mori.
et lux in tenebris See also Lux in Tenebris; motto for the Pontificia Universidad
And light shines in the darkness
lucet Católica del Perú.
et nunc reges
And now, O ye kings, understand: re-
intelligite From the Book of Psalms, II.x. (Vulgate), 2.10 (Douay-
ceive instruction, you that judge the
erudimini qui Rheims).
earth.
judicatis terram
et cum spiritu tuo And with your spirit A phrase from the Sursum corda of Christian liturgy.
et suppositio nil
and a supposition puts nothing in being More typically translated as "Sayin' it don't make it so".
ponit in esse
Etiam si omnes, Peter to Jesus Christ (from Vulgate Matthew 26:33; New King
Even if all others... I will never
ego non James Version: Matthew 26:33).
168
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"On equal footing", i.e., "in a tie". Used for those two (seldom
ex aequo from the equal more) participants of a competition, that showed exactly the
same performance.
ex cultu robur from culture [comes] strength The motto of Cranleigh School, Surrey.
169
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"From harmful deceit"; dolus malus is the Latin legal term for
"fraud". The full legal phrase is ex dolo malo non oritur actio
("an action does not arise from fraud"). When an action has its
ex dolo malo from fraud
origin in fraud or deceit, it cannot be supported; thus, a court of
law will not assist a man who bases his course of action on an
immoral or illegal act.
ex fide fortis from faith [comes] strength Motto of Loyola School (New York City)
ex glande quercus from the acorn the oak Motto of the Municipal Borough of Southgate, London
170
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Originally refers to the sun rising in the east, but alludes to cul-
ex oriente lux light from the east ture coming from the Eastern world. Motto of several institu-
tions.
A legal term that means "by one party" or "for one party".
ex parte from a part
Thus, on behalf of one side or party only.
From the measure of Hercules' foot you shall know his size;
ex pede Herculem from his foot, so Hercules
from a part, the whole.
171
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ex post facto from a thing done afterward Said of a law with retroactive effect.
The term is a legal phrase; the legal citation guide called the
Bluebook describes ex rel. as a "procedural phrase" and requires
ex rel. or ex rela- [arising] out of the relation/narration using it to abbreviate "on the relation of," "for the use of," "on
tio [of the relator] behalf of," and similar expressions. An example of use is in
court case titles such as Universal Health Services, Inc. v.
United States ex rel. Escobar
ex umbra in
from the shadow into the light Motto of Federico Santa María Technical University.
solem
ex undis from the waves [of the sea] motto in the coat of arms of Eemsmond
172
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ex vita discedo,
tanquam ex I depart from life as from an inn, not as
Cicero, Cato Maior de Senectute (On Old Age) 23
hospitio, non from home
tanquam ex domo
excusatio non More loosely, "he who excuses himself, accuses himself"—an
an excuse that has not been sought [is]
petita accusatio unprovoked excuse is a sign of guilt. In French, qui s'excuse,
an obvious accusation
manifesta s'accuse.
exegi
I have reared a monument more endur-
monumentum Horace, Carmina III:XXX:I
ing than bronze
aere perennius
173
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exercitus sine
an army without a leader is a body On a plaque at the former military staff building of the Swedish
duce corpus est
without a spirit Armed Forces.
sine spiritu
experimentum
experiment of the cross Or "crucial experiment". A decisive test of a scientific theory.
crucis
extra territorium
jus dicenti he who administers justice outside of Refers to extraterritorial jurisdiction. Often cited in law of the
impune non his territory is disobeyed with impunity sea cases on the high seas.
paretur
174
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faber est suae every man is the artisan of his own for- Appius Claudius Caecus; motto of Fort Street High School in
quisque fortunae tune Petersham, Sydney, Australia
fac simile make a similar thing origin of the word facsimile, and, through it, of fax
faciam eos in
I will make them into one nation appeared on British coinage following the Union of the Crowns
gentem unum
faciam quodlibet
I'll do whatever it takes
quod necesse est
faciam ut mei from Plautus, Persa IV.3–24; used by Russian hooligans as tat-
I'll make you remember me
memineris too inscription
factum fieri
infectum non It is impossible for a deed to be undone Terence, Phormio 5/8:45
potest
familia supra
family over everything frequently used as a family motto
omnia
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fecisti patriam
"From differing peoples you have made Verse 63 from the poem De reditu suo by Rutilius Claudius
diversis de
one native land" Namatianus praising emperor Augustus.[51]
gentibus unam
Felicitas,
The motto of Oakland Colegio Campestre school through which
Integritas Et Happiness, Integrity and Knowledge
Colombia participates of NASA Educational Programs
Sapientia
felix culpa fortunate fault from the "Exsultet" of the Catholic liturgy for the Easter Vigil
fere libenter
men generally believe what they want People's beliefs are shaped largely by their desires. Julius
homines id quod
to Caesar, The Gallic War 3.18
volunt credunt
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festinare nocet,
nocet et cunctatio it is bad to hurry, and delay is often as
saepe; tempore bad; the wise person is the one who Ovid[52]
quaeque suo qui does everything in its proper time.
facit, ille sapit.
from the Genesis, "dixitque Deus fiat lux et facta est lux" ("and
fiat lux let there be light God said, 'Let light be made', and light was made."); frequently
used as the motto of schools.
fiat voluntas Dei May God's will be done motto of Robert May's School; see the next phrase below
ficta voluptatis
fictions meant to please should approx- Horace, Ars Poetica (338); advice presumably discounted by
causa sint prox-
imate the truth the magical realists
ima veris
Roman Catholic theological term for the personal faith that ap-
fides qua
the faith by which it is believed prehends what is believed, contrasted with fides quae creditur,
creditur
which is what is believed; see next phrase below
fides quaerens
faith seeking understanding motto of St. Anselm; Proslogion
intellectum
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filiae nostrae
sicut anguli incisi may our daughters be as polished as the
motto of Francis Holland School
similitudine corners of the temple
templi
title for Attila the Hun, the ruthless invader of the Western
flagellum dei the scourge of God
Roman Empire
flectere si nequeo
if I can not reach Heaven I will raise
superos, Ache- Virgil, Aeneid, Book VII.312
Hell
ronta movebo
floreat Etona may Eton flourish Motto of Eton College, England, United Kingdom
floreat nostra
may our school flourish a common scholastic motto
schola
fluctuat nec
she wavers and is not immersed Motto of the City of Paris, France
mergitur
fons et origo the spring and source also: "the fountainhead and beginning"
fons vitae caritas love is the fountain of life motto of Chisipite Senior School and Chisipite Junior School
178
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formosam reso-
teach the woods to re-echo "fair Ama-
nare doces Ama- Virgil, Eclogues, 1:5
ryllis"
ryllida silvas
forsan et haec
perhaps even these things will be good
olim meminisse Virgil, Aeneid, Book 1, Line 203
to remember one day
iuvabit
fortes fortuna The motto of the United States Marine Corps 3rd Marine Regi-
Fortune favours the bold
adiuvat ment
fortis cadere, motto on the Coat of Arms of the Fahnestock Family and of the
the brave may fall, but can not yield
cedere non potest Palmetto Guard of Charleston, South Carolina
fortiter et fide-
bravely and faithfully a common motto
liter
fortiter in re,
resolute in execution, gentle in manner a common motto
suaviter in modo
fundamenta
unshakable foundation
inconcussa
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gaudete in
rejoice in the Lord Motto of Bishop Allen Academy
domino
gaudium in veri-
joy in truth Motto of Campion School
tate
gesta non verba deeds, not words Motto of James Ruse Agricultural High School.
Gloria invidiam
By your fame you have conquered envy Sallust, Bellum Jugurthum ("Jugurthine War") 10:2.
vicisti
Gloria Patri Glory to the Father The beginning of the Lesser Doxology.
180
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gradibus
ascending by degrees Motto of Grey College, Durham
ascendimus
Graecia capta
Conquered Greece in turn defeated its
ferum victorem Horace Epistles 2.1
savage conqueror
cepit
gratiae veritas
Truth through mercy and nature Motto of Uppsala University
naturae
Virgil Aeneid 6:84; more severe things await, the worst is yet to
graviora manent heavier things remain
come
Gravis Dulcis
serious sweet immutable Title of a poem by James Elroy Flecker [53]
Immutabilis
gutta cavat
lapidem [non vi a water drop hollows a stone [not by main phrase is from Ovid, Epistulae ex Ponto IV, 10, 5.;[54] ex-
sed saepe force, but by falling often] panded in the Middle Ages
cadendo]
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Habent sua fata Books have their destiny [according to Terentianus Maurus, De Litteris, De Syllabis, De
libelli the capabilities of the reader] Metris, 1:1286.
haud ignota Thus, "I say no things that are unknown". From
I speak not of unknown things
loquor Virgil's Aeneid, 2.91.
182
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hic sunt leones here there are lions Written on uncharted territories of old maps.
183
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Homo minister
Man, the servant and interpreter of na-
et interpres na- Motto of the Lehigh University
ture
turae
homo praesumi-
tur bonus donec One is innocent until proven guilty See also: presumption of innocence.
probetur malus
184
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honor virtutis
esteem is the reward of virtue Motto of Arnold School, Blackpool, England
praemium
hora somni (h.s.) at the hour of sleep Medical shorthand for "at bedtime"
horas non
I do not count the hours unless they are
numero nisi A common inscription on sundials.
sunny
serenas
humilitas occidit
humility conquers pride
superbiam
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id quod plerum- A phrase used in legal language to indicate the most probable
that which generally happens
que accidit outcome from an act, fact, event or cause.
Used to refer to something that has already been cited. See also
idem (dito) (id.) the same
ibidem.
idem quod (i.q.) the same as Not to be confused with an intelligence quotient.
In the Roman calendar, the Ides of March refers to the 15th day
of March. In modern times, the term is best known as the date
Idus Martiae the Ides of March
on which Julius Caesar was assassinated in 44 BC; the term has
come to be used as a metaphor for impending doom.
Iesus Nazarenus
Rex Iudaeorum Jesus the Nazarene, King of the Jews
(INRI)
186
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ignis aurum pro- A phrase referring to the refining of character through difficult
fire tests gold
bat circumstances, it is also the motto of the Prometheus Society.
ignotum per unknown by means of the more un- An explanation that is less clear than the thing to be explained.
ignotius known Synonymous with obscurum per obscurius.
From the religious concept that man was created in "God's im-
imago Dei image of God
age".
187
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impossibilium
there is no obligation to do the impossi-
nulla obligatio Publius Juventius Celsus, Digesta L 17, 185.
ble
est
in articulo mor-
at the point of death
tis
Eboracum was the Roman name for York and this phrase is used
in com. Ebor. In the county of Yorkshire in some Georgian and Victorian books on the genealogy of
prominent Yorkshire families.
in Christi
in the light of Christ for the life on the
lumine pro Motto of Pontifical Catholic University of Chile.
world
mundi vita
In (the form of) an image; in effigy (as opposed to "in the flesh"
in effigie in the likeness
or "in person").
188
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in flagrante de- in a blazing wrong, while the crime is Caught in the act (esp. a crime or in a "compromising position");
licto blazing equivalent to "caught red-handed" in English idiom.
in girum imus
We enter the circle at night and are con- A palindrome said to describe the behavior of moths. Also the
nocte et consu-
sumed by fire title of a film by Guy Debord.
mimur igni
in harmonia
progress in harmony Motto of Bandung Institute of Technology, Indonesia.
progressio
in hoc sensu or
in sensu hoc in this sense Recent academic abbreviation for "in this sense".
(s.h.)
in hoc signo Words Constantine the Great claimed to have seen in a vision
by this sign you will conquer
vinces before the Battle of the Milvian Bridge.
in hunc effectum for this purpose Describes a meeting called for a particular stated purpose only.
in illo ordine Recent academic substitution for the spacious and inconvenient
in that order
(i.o.) "..., respectively."
in inceptum finis
lit.: in the beginning is the end or: the beginning foreshadows the end
est
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That is, 'on site'. "The nearby labs were closed for the week-
in loco in the place, on the spot
end, so the water samples were analyzed in loco."
in manus tuas
commendo into your hands I entrust my spirit According to Luke 23:46, the last words of Jesus on the cross.
spiritum meum
in natura
in nocte consil- I.e., "Tomorrow is a new day." Motto of Birkbeck College, Uni-
advice comes over night
ium versity of London.
in nomine
in the name of the devil
diaboli
in nomine patris,
in the name of the Father, and of the
et filii, et spiritus invocation of the Holy Trinity
Son, and of the Holy Spirit
sancti
190
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in omnia para-
Ready for anything. Motto of the United States Army's 18th Infantry Regiment
tus
in omnibus
amare et servire In everything, love and serve the Lord. The motto of Ateneo de Iloilo, a school in the Philippines
Domino
in omnibus
requiem
Everywhere I have searched for peace
quaesivi, et
and nowhere found it, except in a cor- Quote by Thomas à Kempis
nusquam inveni
ner with a book
nisi in angulo
cum libro
in pace ut sapi-
in peace, like the wise man, make prep- Horace, Satires 2/2:111; similar to si vis pacem, para bellum
ens aptarit
arations for war and igitur qui desiderat pacem, praeparet bellum.
idonea bello
"In the land of the infidels"; used to refer to bishoprics that re-
in partibus
in the parts of the infidels mains as titular sees even after the corresponding territory was
infidelium
conquered by Muslim empires.
in pectore in the heart A cardinal named in secret by the pope. See also ab imo pectore.
Abbreviated pro per; For one's self, For the sake of one's 'Per-
in propria sonhood'; acting on one's own behalf, especially a person repre-
in one's own person
persona senting himself in a legal proceeding; see also litigant in person,
pro se legal representation in the United States.
in principio erat
in the beginning was the Word (Logos) Beginning of the Gospel of John
Verbum
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in rerum natura in the nature of things See also Lucretius' De rerum natura (On the Nature of Things).
in saecula
(saeculorum), in roughly: down to the times of the times forever (and ever), liturgical
saeculum saeculi
in saeculo in the times In the secular world, esp. outside a monastery, or before death.
in salvo in safety
in scientia
opportunitas In Knowledge, there is Opportunity Motto of Edge Hill University.
(Dog Latin)
in scientia et
In Knowledge, and Virtue Motto of St. Joseph's College, Colombo. Sri Lanka.
virtue
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in specialibus
That is, to understand the most general rules through the most
generalia To seek the general in the specifics
detailed analysis.
quaerimus
in statu nascendi in the state of being born Just as something is about to begin
in umbra, igitur,
Then we will fight in the shade
pugnabimus
in utrumque pa-
prepared for either (event)
ratus
in varietate
united in diversity The motto of the European Union and the Council of Europe
concordia
invidiae pruden-
prudence conquers jealousy
tia victrix
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Index Librorum Index of Prohibited (or, Forbidden) A list of books considered heretical by the Roman Catholic
Prohibitorum Books Church.
indignor
quandoque I too am annoyed whenever good
Horace, Ars Poetica 358
bonus dormitat Homer nods off
Homerus
infra dignitatem
beneath one's dignity
(infra dig)
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iniuriae qui
addideris You who have added insult to injury Phaedrus, Fables 5/3:5.
contumeliam
inopiae desunt
To poverty many things are lacking; to
multa, avaritiae Publilius Syrus.
avarice, everything
omnia
insita hominibus
libidine alendi Men have an innate desire to propagate
Titus Livius, (XXVII, XXIV); Michel de Montaigne, (Essays).
de industria ru- rumors or reports
mores
intaminatis ful-
Untarnished, she shines with honor From Horace's Odes (III.2.18). Motto of Wofford College.
get honoribus
inter alios among others Often used to compress lists of parties to legal documents
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inter mutanda Motto for Rockwell College in Ireland and Francis Libermann
Steadfast in the midst of change
constantia Catholic High School in Ontario, Canada
inter spem et
between hope and fear
metum
inter urinas et
we are born between urine and feces Attributed to St Augustine
faeces nascimur
invenias etiam
You would still recognize the scattered Horace, Satires, I, 4, 62, in reference to the earlier Roman poet
disiecti membra
fragments of a poet Ennius
poetae
invicta Unconquered Motto of the English county of Kent and the city of Oporto
ipsa scientia
knowledge itself is power Famous phrase written by Sir Francis Bacon in 1597
potestas est
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iter legis The path of the law The path a law takes from its conception to its implementation
iucunda memo-
ria est praeteri- Pleasant is the memory of past troubles Cicero, De finibus bonorum et malorum 2, 32, 105
torum malorum
also spelled juncta juvant; from the legal principle quae non va-
iuncta iuvant together they strive leant singula, iuncta iuvant ("What is without value on its own,
helps when joined")
iure matris in right of his mother Indicates a right exercised by a son on behalf of his mother
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iure uxoris in right of his wife Indicates a right exercised by a husband on behalf of his wife
iuris ignorantia
it is ignorance of the law when we do
est cum ius nos-
not know our own rights
trum ignoramus
Refers to the laws that regulate the reasons for going to war.
ius ad bellum law towards war Typically, this would address issues of self-defense or preemp-
tive strikes.
iustitia
Motto of the Supreme Public Prosecutor's Office of the Czech
fundamentum justice is the foundation of a reign
Republic
regni
iuventuti nil
to the young nothing is difficult Motto of Canberra Girls Grammar School
arduum
iuventutis veho
I bear the fortunes of youth Motto of Dollar Academy
fortunas
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laborare
pugnare parati To work, (or) to fight; we are ready Motto of the California Maritime Academy
sumus
laboremus pro
Let us work for the fatherland Motto of the Carlsberg breweries
patria
laboris gloria
Games are the glory of work, Motto of the Camborne School of Mines, Cornwall, UK
Ludi
lapsus memo-
slip of memory source of the term memory lapse
riae
Laudatio Ejus
Manet In Secula His Praise Remains unto Ages of Ages Motto of Galway
Seculorum
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laudetur Jesus Often used as a salutation, but also used after prayers or the
Praise (Be) Jesus Christ
Christus reading of the gospel
lectori salutem greetings reader Often abbreviated to L.S., used as opening words for a letter
leges humanae
nascuntur,
laws of man are born, live and die
vivunt, et
moriuntur
leges sine
laws without morals [are] vain From Horace's Odes; motto of the University of Pennsylvania
moribus vanae
legio patria
The Legion is our fatherland Motto of the French Foreign Legion
nostra
legi, intellexi, et
I read, understood, and condemned.
condemnavi
lex artis law of the skill The rules that regulate a professional duty.
lex ferenda the law that should be borne The law as it ought to be.
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A law that only concerns one particular case. See law of the
lex in casu law in the event
case.
lex lata the law that has been borne The law as it is.
lex non scripta law that has not been written Unwritten law, or common law
lex paciferat the law shall bring peace Motto of the European Gendarmerie Force
lex scripta written law Statutory law; contrasted with lex non scripta
lex talionis the law of retaliation Retributive justice (i.e., eye for an eye)
Libertas Justitia
Liberty Justice Truth Motto of the Korea University and Freie Universität Berlin
Veritas
Libertas perfun- Motto of the University of Barcelona and the Complutense Uni-
Freedom will flood all things with light
det omnia luce versity of Madrid
Libertas quae
freedom which [is] however late Liberty even when it comes late; motto of Minas Gerais, Brazil
sera tamen
Libertas Securi-
Liberty Security Justice Motto of the Frontex
tas Justitia
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libra (lb) balance; scales Its abbreviation lb is used as a unit of weight, the pound.
littera scripta
The written word endures Attributed to Horace
manet
loco citato (lc) in the place cited More fully written in loco citato; see also opere citato
locus standi A right to stand Standing in law (the right to have one's case in court)
longissimus dies
even the longest day soon ends Pliny the Younger, Epistulae 9/36:4
cito conditur
luceat lux vestra Let your light shine From Matthew Ch. 5 V. 16; popular as a school motto
luceo non uro I shine, not burn Motto of the Highland Scots Clan Mackenzie
Luctor, non
I struggle, but am not overwhelmed Motto of the Glass Family (Sauchie, Scotland)[64]
mergor
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ludemus bene in
We play well in groups Motto of the Barony of Marinus
compania
With the meaning "speak of the wolf, and he will come"; from
lupus in fabula the wolf in the story
Terence's play Adelphoe.
lux ex tenebris light from darkness Motto of the 67th Network Warfare Wing
lux hominum
light the life of man Motto of the University of New Mexico
vita
lux in Domino light in the Lord Motto of the Ateneo de Manila University
lux libertas light and liberty Motto of the University of North Carolina at Chapel Hill
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lux, veritas,
light, truth, courage Motto of Northeastern University
virtus
Macte animo!
Young, cheer up! This is the way to the Motto of Academia da Força Aérea (Air Force Academy) of the
Generose puer
skies. Brazilian Air Force
sic itur ad astra
macte virtute sic or "excellence is the way to the stars"; frequent motto; from Vir-
those who excel, thus reach the stars
itur ad astra gil's Aeneid IX.641 (English, Dryden)
magister meus common Catholic edict and motto of a Catholic private school,
Christ is my teacher
Christus Andrean High School in Merrillville, Indiana
magna cum Common Latin honor, above cum laude and below summa cum
with great praise
laude laude
magna di
The gods care about great matters, but
curant, parva Cicero, De Natura Deorum 2:167
they neglect small ones
neglegunt
Magna Europa
Greater Europe is Our Fatherland Political motto of pan-Europeanists
est patria nostra
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magno cum
with great joy
gaudio
maior e
When viewed from a distance, everything is beautiful. Tacitus,
longinquo greater reverence from afar
Annales 1.47
reverentia
Mala Ipsa Nova Bad News Itself Motto of the inactive 495th Fighter Squadron, US Air Force
mala tempora Also used ironically, e.g.: New teachers know all tricks used by
bad times are upon us
currunt pupils to copy from classmates? Oh, mala tempora currunt!.
male captus An illegal arrest will not prejudice the subsequent deten-
wrongly captured, properly detained
bene detentus tion/trial.
Malo mori Motto of the inactive 34th Battalion (Australia), the Drimnagh
Death rather than dishonour
quam foedari Castle Secondary School
malo
periculosam attributed to the Count Palatine of Posen before the Diet of Po-
I prefer liberty with danger to peace
libertatem quam land, cited in "The Social Contract or Principles of Political
with slavery
quietum Right" by Jean Jacques Rousseau
servitium
malum prohibi- A legal term meaning that something is only wrong because it is
wrong due to being prohibited
tum against the law.
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malum quo
the more common an evil is, the worse
communius eo
it is
peius
manu militari with a military hand Using armed forces in order to achieve a goal
manus multae
many hands, one heart Motto of the Alpha Delta Phi Fraternity.
cor unum
Mare Ditat,
The sea enriches, the rose adorns Motto of Montrose, Angus and HMS Montrose
Rosa Decorat
mare liberum free sea In law, a sea open to international shipping navigation.
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mater familias the mother of the family The female head of a family. See pater familias.
maxima debetur
greatest deference is owed to the child from Juvenal's Satires XIV:47
puero reverentia
Meliorare legem
The motto of the Salem/Roanoke County, Virginia Bar
meliorare vitam To improve the law is to improve life.
Association.
est
Meliorem lapsa He has planted one better than the one The motto of the Belmont County, Ohio, and the motto in the
locavit fallen. seal of the Northwest Territory
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memento mori remember that [you will] die remember your mortality
meminerunt
lovers remember all
omnia amantes
memores acti mindful of things done, aware of things Thus, both remembering the past and foreseeing the future.
prudentes futuri to come From the North Hertfordshire District Council coat of arms.
mens sana in Or "a sensible mind in a healthy body". Satire X of the Roman
a sound mind in a sound body
corpore sano poet Juvenal (10.356)
metri causa for the sake of the metre Excusing flaws in poetry "for the sake of the metre"
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minatur inno-
centibus qui he threatens the innocent who spares the
parcit nocenti- guilty
bus
mirabile visu wonderful to see A Roman phrase used to describe a wonderful event/happening.
Latin Aeneid of Virgil, Book IV, line 112, "he" referring to the
miscerique pro-
He approves of the mingling of the peo- great Roman god, who approved of the settlement of Romans in
bat populos et
ples and their bonds of union Africa. Old Motto of Trinidad and Tobago, and used in the
foedera jungi
novel A Bend in the River by V. S. Naipaul.
A phrase within the Gloria in Excelsis Deo and the Agnus Dei,
miserere nobis have mercy upon us
to be used at certain points in Christian religious ceremonies.
Missio Dei the Mission of God A theological phrase in the Christian religion.
missit me Domi-
the Lord has sent me A phrase used by Jesus.
nus
modus operandi
method of operating Usually used to describe a criminal's methods.
(M.O.)
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Used in the Umberto Eco novel The Name of the Rose. Part of a
much larger phrase: Monasterium sine libris, est sicut civitas
Monasterium sine opibus, castrum sine numeris, coquina sine suppellectili,
sine libris est A monastery without books is like a city mensa sine cibis, hortus sine herbis, pratum sine floribus, arbor
sicut civitas sine without wealth sine foliis. Translation: A monastery without books is like a city
opibus without wealth, a fortress without soldiers, a kitchen without
utensils, a table without food, a garden without plants, a
meadow without flowers, a tree without leaves.
montani semper
mountaineers [are] always free State motto of West Virginia, adopted in 1872.
liberi
Montis Insignia
Badge of the Rock of Gibraltar
Calpe
more ferarum like beasts used to describe any sexual act in the manner of beasts
morior invictus I die unvanquished[71] sometimes also translated as "death before defeat"[71]
morituri nolu-
we who are about to die don't want to From Terry Pratchett's The Last Hero
mus mori
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mors tua, vita From medieval Latin, it indicates that battle for survival, where
your death, my life
mea your defeat is necessary for my victory, survival.
morte magis
old age should rather be feared than
metuenda from Juvenal in his Satires
death
senectus
multis e
from many peoples, strength Motto of Saskatchewan
gentibus vires
multitudo
a multitude of the wise is the health of From the Vulgate, Wisdom of Solomon 6:24. Motto of the Uni-
sapientium
the world versity of Victoria.
sanitas orbis
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munit haec et al- this one defends and the other one con-
Motto of Nova Scotia.
tera vincit quers
mutato nomine
change but the name, and the story is Horace, Satires, I. 1. 69. Preceded by Quid rides? ("Why do you
de te fabula
told of yourself laugh?"; see Quid rides).
narratur
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Nature is the teacher of The name of the zoo in the centre of Amsterdam; short:
natura artis magistra
art "Artis".
You may drive out Na- You must take the basic nature of something into ac-
naturam expellas furca, tamen us-
ture with a pitchfork, yet count.
que recurret.
she still will hurry back - Horace, Epistles, Book I, epistle X, line 24.
213
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That a god not intervene, "When the miraculous power of God is necessary, let it
Nec deus intersit, nisi dignus vindice unless a knot show up be resorted to: when it is not necessary, let the ordinary
nodus (inciderit) that be worthy of such an means be used." From Horace's Ars Poetica as a caution
untangler against deus ex machina.
and yet it was not con- Refers to the Burning Bush of Exodus 3:2. Motto of
nec tamen consumebatur
sumed many Presbyterian churches throughout the world.
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Without permission,
nec vi, nec clam, nec precario without secrecy, without The law of adverse possession.
interruption
kill them all, God will alternate rendition of Caedite eos. Novit enim Dominus
neca eos omnes, deus suos agnoscet
know his own qui sunt eius by Arnaud Amalric.
No one against God ex- From Goethe's autobiography From my Life: Poetry and
nemo contra Deum nisi Deus ipse
cept God himself Truth, p. 598.
no man shall be a judge Legal principle that no individual can preside over a hear-
nemo iudex in causa sua
in his own cause ing in which he holds a specific interest or bias.
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No one learns except by Used to imply that one must like a subject in order to
nemo nisi per amicitiam cognoscitur
friendship study it.
no man is a prophet in his Concept present in all four Gospels (Matthew 13:57;
nemo propheta in patria (sua)
own land Mark 6:4; Luke 4:24; John 4:44).
nor does Apollo always Horace, Carmina 2/10:19-20. The same image appears in
neque semper arcum tendit Apollo
keep his bow drawn a fable of Phaedrus.
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nothing, therefore, we
nil igitur fieri de nilo posse From Lucretius' De rerum natura (On the Nature of
must confess, can be
fatendumst Things), I.205
made from nothing
Death, therefore, is noth- From Lucretius' De rerum natura (On the Nature of
Nil igitur mors est ad nos
ing to us Things), III.831
nothing is impossible for From Horace's Odes. Motto of Rathkeale College, New
nil mortalibus ardui est
humankind Zealand and Brunts School, England.
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Short for nil nisi bonum de mortuis dicere. That is, "Don't
(about the dead say) speak ill of anyone who has died". Also "Nil magnum
nil nisi bonum nothing unless (it is) nisi bonum" (nothing is great unless good), motto of St
good Catherine's School, Toorak, Pennant Hills High School
and Petit Seminaire Higher Secondary School.
nothing through the Medical shorthand indicating that oral foods and fluids
nil per os, rarely non per os (n.p.o.)
mouth should be withheld from the patient.
nothing [is] enough un- Motto of Everton F.C., residents of Goodison Park, Liv-
nil satis nisi optimum
less [it is] the best erpool.
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Good for us, Bad for no Inscription on the old Nobistor (de) gatepost that divided
nobis bene, nemini male
one Altona and St. Pauli
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nomen est omen the name is a sign Thus, "true to its name".
nomen nescio (N.N.) I do not know the name Thus, the name or person in question is unknown.
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non diligere Deum, qui mandata eius Pope John VIII writing to Athanasius II, Bishop of Na-
God does not love those
participando cum perfidis non ples, regarding the overthrow of his elder brother the
who allow perfidy.
custodit Duke of Naples.
unencumbered by the
non impediti ratione cogitationis motto of radio show Car Talk
thought process
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non mihi solum not for myself alone Motto of Anderson Junior College, Singapore.
not to be served, but to Motto of Wellesley College and Shimer College (from
non ministrari sed ministrare
serve Matthew 20:28 in the Vulgate).
non multa sed multum not quantity but quality Motto of the Daniel Pearl Magnet High School.
Non nobis Domine Not to us (oh) Lord Christian hymn based on psalm 115.
non nobis nati Born not for ourselves' Motto of St Albans School (Hertfordshire)
they are not counted, but Old saying. Paul Erdős (1913–1996), in The Man Who
non numerantur, sed ponderantur
weighed Loved Only Numbers by Paul Hoffman [84]
non plus ultra nothing further beyond the ultimate. See also 'ne plus ultra'
non possunt primi esse omnes omni not everyone can occupy
(It is impossible always to excel) Decimus Laberius.
in tempore the first rank forever
to not go forward is to go
non progredi est regredi
backward
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non sibi Not for self A slogan used by many schools and universities.
Not for self, but for coun- Engraved on the doors of the United States Naval Acad-
non sibi, sed patriae
try emy chapel; motto of the USS Halyburton (FFG-40).
non sic dormit, sed vigilat Sleeps not but is awake Martin Luther on mortality of the soul.
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non teneas aurum totum quod Do not hold as gold all Also, "All that glitters is not gold." Shakespeare in The
splendet ut aurum that shines as gold Merchant of Venice.
non vestra sed vos Not yours but you Motto of St Chad's College, Durham.
noster nostri Literally "Our ours" Approximately "Our hearts beat as one."
nota bene (n.b.) mark well That is, "please note" or "note it well".
Not a day without a line Pliny the Elder attributes this maxim to Apelles, an an-
nulla dies sine linea
drawn cient Greek artist.
nulla dies umquam memori vos No day shall erase you From Virgil's Aeneid, Book IX, line 447, on the episode
eximet aevo from the memory of time of Nisus and Euryalus.
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no crime, no punishment Legal principle meaning that one cannot be penalised for
nullum crimen, nulla poena sine
without a previous penal doing something that is not prohibited by law; penal law
praevia lege poenali
law cannot be enacted retroactively.
No Funeral Without a
nullum funus sine fidula Motto of the Guild of Funerary Violinists.
Fiddle
nunc scio quid sit amor now I know what love is From Virgil, Eclogues VIII.
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O Deus Ego Amo Te O God I Love You attributed to Saint Francis Xavier
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Omnes homines sunt asini vel hom- All men are donkeys or men and a sophismata proposed and solved by Albert of
ines et asini sunt asini donkeys are donkeys Saxony (philosopher)
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omnia vincit amor love conquers all Virgil (70 BC – 19 BC), Eclogue X, line 69
omnis vir tigris everyone a tiger motto of the 102d Intelligence Wing
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opera posthuma posthumous works works published after the author's death
operibus anteire leading the way with deeds to speak with actions instead of words
ophidia in herba a snake in the grass any hidden danger or unknown risk
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orta recens quam pura nites newly risen, how brightly you shine Motto of New South Wales
palma non sine pulvere no reward without effort Also "dare to try"; motto of numerous schools.
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parare Domino plebem perfectam to prepare for God a perfect people motto of the St. Jean Baptiste High School
It does not shine [being darkened by Quintilian, Institutio Oratoria, 1/6:34 – see also
parum luceat
shade]. lucus a nonlucendo
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232
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pax et justitia peace and justice Motto of Saint Vincent and the Grenadines
pax et lux peace and light Motto of Tufts University and various schools
Pax Europaea European peace euphemism for Europe after World War II
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pendent opera interrupta the work hangs interrupted From the Aeneid of Virgil, Book IV
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per capsulam through the small box That is, "by letter"
per contra through the contrary Or "on the contrary" (cf. a contrario)
Per Crucem Crescens through the cross, growth Motto of Lambda Chi Alpha
per os (p.o.) through the mouth Medical shorthand for "by mouth"
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per rectum (pr) through the rectum Medical shorthand; see also per os
per veritatem vis through truth, strength Motto of Washington University in St. Louis
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Perfer et obdura; dolor hic tibi Be patient and tough; some day this
From Ovid, Amores, Book III, Elegy XI
proderit olim pain will be useful to you.
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After sexual intercourse every animal Or: triste est omne animal post coitum, praeter
post coitum omne animal triste est
is sad, except the cock (rooster) and mulierem gallumque. Attributed to Galen of
sive gallus et mulier
the woman Pergamum.[96]
post festum after the feast Too late, or after the fact
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post nubila phoebus after the clouds, the sun Motto of the University of Zulia, Venezuela
Praga Caput Regni Prague, Head of the Kingdom Motto of Prague from Middle Ages
Praga Caput Rei publicae Prague, Head of the Republic Motto of Prague from 1991
Praga mater urbium Prague, Mother of Cities Motto of Prague from 1927
Pretium Laborum Non Vile No mean reward for labour Motto of the Order of the Golden Fleece
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241
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pro Deo Domo Patria For God, home and country Motto of the University of Mary Washington
pro Deo et Patria For God and Country Frequently used motto
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pro patria vigilans watchful for the country Motto of the United States Army Signal Corps.
pro rege et lege for king and the law Found on the Leeds coat of arms.
pro rege, lege et grege for king, the law and the people Found on the coat of arms of Perth, Scotland.
pro scientia et patria for science and nation motto of the National University of La Plata
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probatio pennae testing of the pen Medieval Latin term for breaking in a new pen
protectio trahit subjectionem, et Protection draws allegiance, and alle- Legal maxim, indicating that reciprocity of fe-
subjectio protectionem giance draws protection alty with protection
pulvis et umbra sumus we are dust and shadow From Horace, Carmina book IV, 7, 16.
L
Latin Translation Notes
qua patet orbis as far as the world extends Motto of the Royal Netherlands Marine Corps
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quae non prosunt singula multa iu- what alone is not useful helps when
Ovid, Remedia amoris
vant accumulated
Qualitas potentia nostra Quality is our might motto of Finnish Air Force
quam bene vivas referre (or refert), it is how well you live that matters, Seneca, Epistulae morales ad Lucilium CI
non quam diu not how long (101)
quantum libet (q.l.) as much as pleases medical shorthand for "as much as you wish"
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quem deus vult perdere, dementat Whom the gods would destroy, they
prius first make insane
qui audet adipiscitur Who Dares Wins The motto of the SAS , of the Britsh Army
qui me tangit, vocem meam audit who touches me, hears my voice common inscription on bells
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quo errat demonstrator where the prover errs A pun on "quod erat demonstrandum"
quod abundat non obstat what is abundant doesn't hinder It is no problem to have too much of something.
what is done quickly, perishes Things done in a hurry are more likely to fail
quod cito fit, cito perit
quickly and fail quicker than those done with care.
quod gratis asseritur, gratis what is asserted without reason may If no grounds have been given for an assertion,
negatur be denied without reason then there are no grounds needed to reject it.
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quod scripsi, scripsi What I have written I have written. Pilate to the chief priests (John 19:22)
250
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La
Latin Translation Notes
rari nantes in gurgite vasto Rare survivors in the immense sea Virgil, Aeneid, I, 118
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recte et fortiter Upright and Strong Motto of Homebush Boys High School
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res publica Pertaining to the state or public source of the word republic
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rosa rubicundior, lilio candidior, redder than the rose, whiter than the
omnibus formosior, semper in te lilies, fairer than all things, I do ever From Veni, veni, venias (Carmina Burana).
glorior glory in thee
La
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a stronghold (or refuge) in difficul- a Roman Silver Age maxim. Also the school
salus in arduis
ties motto of Wellingborough School.
sapiens qui prospicit wise is he who looks ahead Motto of Malvern College, England
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sat celeriter fieri quidquid fiat That which has been done well has One of the two favorite saying of Augustus. The
satis bene been done quickly enough other is "festina lente".[103]
scientia cum religione religion and knowledge united Motto of St Vincent's College, Potts Point
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scio I know
scuto amoris divini by the shield of God's love The motto of Skidmore College
sed terrae graviora manent But on earth, worse things await Virgil, Aeneid 6:84.
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semper fortis always brave Unofficial motto of the United States Navy
semper in excretia sumus solim We're always in the manure; only Lord de Ramsey, House of Lords, 21 January
profundum variat the depth varies. 1998[106]
semper necessitas probandi the necessity of proof always lies Latin maxim often associated with the burden of
incumbit ei qui agit with the person who lays charges proof
semper liber always free Motto of the city of Victoria, British Columbia
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semper vigilo always vigilant The motto of Scottish Police Forces, Scotland.
sensu lato with the broad, or general, meaning Less literally, "in the wide sense".
sensu stricto cf. stricto sensu "with the tight meaning" Less literally, "in the strict sense".
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sero venientes male sedentes those who are late are poorly seated
servus servorum Dei servant of the servants of God A title for the Pope.
Si monumentum requiris circum- If you seek (his) monument, look from the epitaph on Christopher Wren's tomb in
spice around you St Paul's Cathedral.
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sic et non thus and not More simply, "yes and no".
sic parvis magna greatness from small beginnings Motto of Sir Francis Drake
sic passim Thus here and there Used when referencing books; see passim.
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sincere et constanter sincere and constant Motto of the Order of the Red Eagle
sine ira et studio without anger and fondness Thus, impartially. From Tacitus, Annals 1.1.
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may there be forgiveness for the Similar to the English idiom "pardon my
sit venia verbo
word French".
sol iustitiae illustra nos sun of justice, shine upon us Motto of Utrecht University.
sol lucet omnibus the sun shines on everyone Petronius, Satyricon Lybri 100.
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solamen miseris socios habuisse From Christopher Marlowe's The Tragical His-
misery loves company
doloris tory of Doctor Faustus.
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stat sua cuique dies There is a day [turn] for everybody Virgil, Aeneid, X 467
status quo ante bellum the state before the war A common term in peace treaties.
strenuis ardua cedunt the heights yield to endeavour Motto of the University of Southampton.
stricto sensu cf. sensu stricto with the tight meaning Less literally, "in the strict sense".
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sub Iove frigido under cold Jupiter At night; from Horace's Odes 1.1:25
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"in the name of", "under the title of"; used in le-
sub nomine (sub nom.) under the name gal citations to indicate the name under which
the litigation continued.
sub specie Dei under the sight of God "from God's point of view or perspective".
Succisa virescit Cut down, we grow back stronger Motto of Delbarton School
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sunt pueri pueri, pueri puerilia Children are children, and children
anonymous proverb
tractant do childish things
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super firmum fundamentum dei On the firm foundation of God The motto of Ursinus College, Pennsylvania.
supero omnia I surpass everything A declaration that one succeeds above all others.
La
Latin Translation Notes
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technica impendi nationi Technology impulses nations Motto of Technical University of Madrid
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tempus vernum spring time Name of song by popular Irish singer Enya
tendit in ardua virtus virtue strives for what is difficult Appears in Ovid's Epistulae ex Ponto
tentanda via The way must be tried motto for York University
ter in die (t.i.d.) thrice in a day Medical shorthand for "three times a day".
terminat hora diem; terminat auc- The hour finishes the day; the au- Phrase concluding Christopher Marlowe's play
tor opus. thor finishes his work. Doctor Faustus.[113]
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tria juncta in uno Three joined in one Motto of the Order of the Bath
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turris fortis mihi Deus God is my strong tower Motto of the Kelly Clan
tutum te robore reddam I will give you safety by strength Motto of the Clan Crawford
La
Latin Translation Notes
where [it is] well, there [is] the fa- Or "Home is where it's good"; see also ubi panis
ubi bene ibi patria
therland ibi patria.
where [there is] liberty, there [is] Or "where there is liberty, there is my country".
ubi libertas ibi patria
the fatherland Patriotic motto.
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ubi solitudinem faciunt pacem ap- They make a desert and call it from a speech by Calgacus reported/constructed
pellant peace by Tacitus, Agricola, ch. 30.
last method
ultima ratio the final argument
the last resort (as force)
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uno sumus animo we are one of soul Motto of Stedelijk Gymnasium Leiden
Unus papa Romae, unus portus One pope in Rome, one port in An-
Anconae, una turris Cremonae, cona, one tower in Cremona, one Motto of the Czech Brewery in Rakovník.[114]
una ceres Raconae beer in Rakovník
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ut cognoscant te so that they may know You. Motto of Boston College High School.
ut desint vires, tamen est laudanda though the power be lacking, the
From Ovid, Epistulae ex Ponto (III, 4, 79).
voluntas will is to be praised all the same
ut infra as below
ut mare quod ut ventus to sea and into wind Motto of USNS Washington Chambers
ut omnes te cognoscant that all may know you Motto of Niagara University
ut proverbium loquitur vetus... you know what they say... Lit: As the old proverb says...
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ut supra as above
La
Latin Translation Notes
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vanity of vanities; everything [is] Or more simply: "vanity, vanity, everything van-
vanitas vanitatum omnia vanitas
vanity ity". From the Vulgate, Ecclesiastes 1:2;12:8.
velut arbor aevo as a tree with the passage of time Motto of the University of Toronto, Canada.
venturis ventis to the coming winds Motto of Brasília, the capital of Brazil.
not to speak words in vain or to A Roman Catholic religious precept, being Rule
verba vana aut risui non loqui
start laughter 56 of the Rule of Saint Benedict.
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verbi gratia
for example Literally, "for the sake of a word".
(v. gr. or v. g.)
verbum Domini lucerna pedibus The word of the Lord [is] a light
Motto of the University of Groningen.
nostris for our feet
veritas Dei vincit the truth of God conquers Motto of the Hussites.
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veritas, fides, sapientia truth, faith, [and] wisdom Motto of Dowling Catholic High School.
veritas, iustitia, libertas truth, justice, [and] liberty Motto of the Free University of Berlin.
veritas liberabit vos truth shall liberate you Motto of Xavier University – Ateneo de Cagayan.
veritas numquam perit truth never expires Authored by Seneca the Younger.
veritas odit moras truth hates delay Authored by Seneca the Younger.
veritas, unitas, caritas truth, unity, [and] love Motto of Villanova University, United States.
Veritas. Virtus. Libertas. Truth. Virtue. Liberty. Motto of the University of Szeged, Hungary.
veritas vos liberabit truth will liberate you [all] Motto of Johns Hopkins University, United States.
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veritatem fratribus testari to bear witness to truth in fraternity Motto of Xaverian Brothers High School.
vero nihil verius nothing [is] truer than truth Motto of Mentone Girls' Grammar School.
vestigia nulla retrorsum Never a backward step Motto of Wanganui Collegiate School.
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viam sapientiae monstrabo tibi I will show you the way of wisdom The motto of DePaul University.
victoria aut mors victory or death Similar to "aut vincere aut mori".
victoria concordia crescit victory comes from harmony The official motto of the Arsenal F.C..
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vide infra (v. i.) see below The word is used in scholarly works.
video et taceo I see and keep silent The motto of Queen Elizabeth I of England.
video meliora proboque deteriora I see and approve of the better, but From the Metamorphoses Book 7, 20-1 of Ovid,
sequor I follow the worse being a summary of the experience of akrasia.
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the wine of kings, the king of The phrase describes Hungarian Tokaji wine, and
vinum regum, rex vinorum
wines is attributed to King Louis XIV of France.
vir prudens non contra ventum [a] wise man does not urinate [up]
mingit against the wind
virile agitur the manly thing is being done The motto of Knox Grammar School.
"act manfully" or "act coura- The motto of Marist College Ashgrove and other
viriliter age
geously" institutions.
viriliter agite estote fortes act manfully, be strong The motto of Culford School.
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virtus laudata crescit greatness increases with praise Motto of the Berkhamsted School.
virtus sola nobilitas virtue alone [is] noble Motto of Christian Brothers College, St Kilda.
virtus unita fortior virtue united [is] stronger State motto of Andorra.
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life is uncertain, death is most cer- More simply, "the most certain thing in life is
vita incerta, mors certissima
tain death".
vitam amplificare hominibus mankind [who] extends the life of Motto of East Los Angeles College, California,
hominesque societati the community United States.
vive memor leti live remembering death Authored by Persius. Cf. "memento mori".
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vivere est cogitare to live is to think Authored by Cicero. Cf. "cogito ergo sum".
at
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Learning all of your Rights and Understanding Thoroughly with full compre-
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