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English

Term or phrase Literal translation Definition and use


pronunciation

Notion that a person cannot bring a


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

viz. abbreviation of videlicet Namely.

Force majeure, specifically events


over which no humans have control,
and so cannot be held responsible.
vis major greater or superior force
Equivalent to an "Act of God".
Compare casus fortuitus (see
above).

vinculum juris the chains of the law Something which is legally binding.
English
Term or phrase Literal translation Definition and use
pronunciation

Concept that if an opposing party


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

contraction of videre licet, Used in documents to mean


videlicet meaning "it is permitted to "namely" or "that is". Usually
see" abbreviated viz.

Used in citations to refer the reader


vide see
to another location.

vice versa the other way around Something that is the same either
English
Term or phrase Literal translation Definition and use
pronunciation

way.

The power of an executive to prevent


veto I forbid. an action, especially the enactment
of legislation.

Used when considering whether


vel non or not some event or situation is either
present or it is not.

Used in documents in place of the


uxor wife wife's name. Usually abbreviated et
ux.

Ancient concept regarding conflicts,


uti possidetis as you possess wherein all property possessed by
the parties at the conclusion of the
English
Term or phrase Literal translation Definition and use
pronunciation

conflict shall remain owned by those


parties unless treaties to the contrary
are enacted.

Used to criticize inconsistencies in


speech or testimony, as in: one says
uno flatu in one breath
one thing, and in the same breath,
says another contradictory thing.

universitas rerum totality of things Aggregate of things.

Aggregate of people, body


universitas
totality of people corporate, as in a college,
personarum
corporation, or state

ultra vires beyond the powers An act that requires legal authority to
perform, but which is done without
English
Term or phrase Literal translation Definition and use
pronunciation

obtaining that authority.

Specifies that one should do what he


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

Concept in contract law specifying


uberrima fides most abundant faith that all parties must act with the
utmost good faith.

Refers to a threefold tax levied on


trinoda necessitas three-knotted need Anglo-Saxon citizens to cover roads,
buildings, and the military.
English
Term or phrase Literal translation Definition and use
pronunciation

A completely new trial of a matter


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

Land that has never been part of a


sovereign state, or land which a
terra nullius no one's land
sovereign state has relinquished
claim to.

(Scots law) "as is", to disclaim


tantum et tale thus and such implied warranties, as in to purchase
or convey something tantum et tale.

supra above Used in citations to refer to a


English
Term or phrase Literal translation Definition and use
pronunciation

previously cited source.

Willful concealment of the truth when


bound to reveal it, such as
suppressio veri suppression of the truth withholding details of damage from
an auto accident from a prospective
buyer of the car in that accident.

A bond tendered by an appellant


as surety to the court, requesting a
supersedeas refrain from delay of payment for awards or
damages granted, pending the
outcome of the appeal.

Refers to a court or other official


suo motu of its own motion agency taking some action on its
own accord (synonyms: ex proprio
English
Term or phrase Literal translation Definition and use
pronunciation

motu, ex mero motu). Similar to sua


sponte.

Refers to one legally competent to


sui juris of his own right manage his own affairs. Also
spelled sui iuris.

Something that is unique amongst a


sui generis of its own kind/genus
group.

A false statement made in the


suggestio falsi false suggestion
negotiation of a contract.

An order compelling an entity to


subpoena duces bring with you under
produce physical evidence or
tecum penalty
witness in a legal matter.
English
Term or phrase Literal translation Definition and use
pronunciation

subpoena ad under penalty to be An order compelling an entity to give


testificandum witnessed oral testimony in a legal matter.

A writ compelling testimony, the


production of evidence, or some
subpoena under penalty
other action, under penalty for failure
to do so.

A ruling, order, or other court action


made without specifically stating the
ruling, order, or action. The effect of
sub silentio under silence
the ruling or action is implied by
related and subsequent actions, but
not specifically stated.

sub nomine under the name Abbreviated sub nom.; used in case
citations to indicate that the official
English
Term or phrase Literal translation Definition and use
pronunciation

name of a case changed during the


proceedings, usually after appeal
(e.g., rev'd sub nom. and aff'd sub
nom.)

Term in contract law that allows


limited modifications to a contract
sub modo subject to modification
after the original form has been
agreed to by all parties.

Refers to a matter currently being


sub judice under the judge
considered by the court.

Some action taken by the public


sua sponte of its own accord prosecutor or another official body,
without the prompting of a plaintiff or
another party. (compare ex proprio
English
Term or phrase Literal translation Definition and use
pronunciation

motu, ex mero motu which are used


for courts).

1) In property law, condominiums


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

In contract law, in a case of innocent


status quo the state in which representation, the injured party is
status quo ante
entitled to be replaced in statu quo.
English
Term or phrase Literal translation Definition and use
pronunciation

statu quo Note the common usage is status


quo from the Latin status quo ante,
the "state in which before" or "the
state of affairs that existed
previously."[3]

to stand by [things] The obligation of a judge to stand by /ˈsteɪriː dɪˈsaɪs


stare decisis
decided a prior precedent. ɪs/

Undue performance or payment,


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

situs the place Used to refer to laws specific to the


location where specific property
English
Term or phrase Literal translation Definition and use
pronunciation

exists, or where an offense or tort


was committed.

Refers to some essential event or


sine qua non without which, nothing action, without which there can be no
specified consequence.

Used when the court is adjourning


without specifying a date to re-
sine die without day
convene. See also adjournment sine
die.

While an individual is entitled to the


sic utere tuo ut Use your property so as use and enjoyment of one's estate,
alienum non not to injure that of your the right is not without limits.
laedas neighbours. Restrictions can give rise to tort
actions include trespass, negligence,
English
Term or phrase Literal translation Definition and use
pronunciation

strict liability, and nuisance.[2]

Describes the process in which the


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

Secundum formam According to the form of


statuti the statute.

The act of defending one's own


se defendendo self-defense person or property, or the well-being
or property of another.
English
Term or phrase Literal translation Definition and use
pronunciation

The official response of the official


serving a writ of scire facias,
scire feci I have made known.
informing the court that the writ has
been properly delivered.

A writ, directing local officials to


scire facias Let them know. officially inform a party of official
proceedings concerning them.

Used when offenses or torts were


scienter knowingly committed with the full awareness of
the one so committing.

Defamation against a peer in British


scandalum
scandal of the magnates law. Now repealed as a specific
magnatum
offense.
English
Term or phrase Literal translation Definition and use
pronunciation

Used variously as a motto, a


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

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

(1) Restoration of something, such


as a building or damaged property,
to its original condition.
restitutio in
total reinstatement (2) In contract law, when considering
integrum
breach of contract and remedies, to
restore a party to an original
position.[3]
English
Term or phrase Literal translation Definition and use
pronunciation

A concept that the master (e.g.


respondeat employer) is responsible for the
Let the master answer.
superior actions of his subordinates (e.g.
employees).

res publica All things of concern to the


Christian public affair
christiana worldwide body of Christianity.

All things subject to concern by the


res publica public affair citizenry. The root of the
word republic.

Ownerless property or goods. Such


res nullius nobody's thing property or goods are able and
subject to being owned by anybody.
English
Term or phrase Literal translation Definition and use
pronunciation

A matter that has been finally


/ˈriːz dʒuːdɪˈke
adjudicated, meaning no further
res judicata a matter judged ɪtə/, /ˈreɪz/, /dʒ
appeals or legal actions by the
uːdɪˈkɑːtə/
involved parties is now possible.

used in tort law when there is no


The thing speaks for proof of what caused the harm, but it
res ipsa loquitur
itself. is most likely only the thing that
could have caused the harm.

Differing meaning depending on


what type of law is involved. May
refer to the complete act of a felony,
res gestae things done
from start to finish, or may refer to
statements given that may be
exempt from hearsay rules.
English
Term or phrase Literal translation Definition and use
pronunciation

Property constructs like airspace and


water rights are said to be res
communis – that is, a thing common
to all, and that could not be the
subject of ownership. With airspace,
res communis common to all
the difficulty has been to identify
where the fee simple holder's rights
to the heavens end. Water is a bit
more defined – it is common until
captured.[2]

res thing, matter, issue, affair

The canon of construction that in a


reddendo singula list of items containing a qualifying
referring solely to the last
singulis phrase at the end, the qualifier refers
only to the last item in the list.
English
Term or phrase Literal translation Definition and use
pronunciation

A qualification in a treaty or contract,


that allows for nullification in the
rebus sic stantibus things thus standing
event fundamental circumstances
change.

"Certain rights may arise by virtue of


rationae soli by reason of the soil ownership of the soil upon which wild
animals are found."[2]

The popular opinion of Roman law,


ratio scripta written reason
held by those in the Medieval period.

The point in a legal proceeding, or


the legal precedent so involved,
ratio decidendi reason for the decision
which led to the final decision being
what it was.
English
Term or phrase Literal translation Definition and use
pronunciation

King or Queen. In British cases, will


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

quod est
What is necessary is
necessarium est
lawful.
licitum

Used to mean "with respect to" some


named thing, such as when stating
quoad hoc as to this
what the law is in regards to that
named thing.

A request made to someone


quo warranto by what warrant exercising some power, to show by
what legal right they are exercising
English
Term or phrase Literal translation Definition and use
pronunciation

that power. A type of writ.

Returning to a specific state of affairs


quo ante as before which preceded some defined
action.

An equal exchange of goods or


services, or of money (or other
quid pro quo this for that
consideration of equal value) for
some goods or services.

abbreviation of qui tam


pro domino rege quam In a qui tam action, one who assists
pro se ipso in hac parte the prosecution of a case is entitled
qui tam
sequitur, meaning "who to a proportion of any fines or
pursues in this action as penalties assessed.
much for the king as
English
Term or phrase Literal translation Definition and use
pronunciation

himself".

One who delegates a task to


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

Resembling or being similar to


quasi as if something, without actually being
that thing.

The question is raised. Used to


quareitur It is sought. declare that a question is being
asked in the following verbiage.
English
Term or phrase Literal translation Definition and use
pronunciation

Under Common Law, a remedy to


compute reasonable damages when
a contract has been breached – the
implied promise of payment of a
reasonable price for goods.
In contract law, for requirements of
as much as they were consideration, reasonable worth for
quantum valebant
worth goods delivered.
Usage: quantum meruit has replaced
quantum valebant in
consideration;[3] in the case of
contract remedy, quantum valebant
is being used less, and could be
considered obsolete.

In contract law, a quasi-contractual


quantum meruit as much as it deserves;
remedy that permits partial
as much as she or he has
reasonable payment for an
English
Term or phrase Literal translation Definition and use
pronunciation

earned[3] incomplete piece of work (services


and/or materials), assessed
proportionately, where no price is
established when the request is
made.[3]

In contract law, and in particular the


requirement for consideration, if no
fixed price is agreed upon for the
service and/or materials, then one
party would request a reasonable
price for the said services and/or
materials at the end of the job. A
common example would be a
plumber requested to fix a leak in the
middle of the night.[3]
quantum how much
English
Term or phrase Literal translation Definition and use
pronunciation

Used in legal drafts to call attention


quaere query to some uncertainty or inconsistency
in the material being cited.
qua which; as In the capacity of.
Used to cite something that has
already been admitted into the
record. It was frequently used
in pleadings, generally abbreviated
prout patet per
as appears in the record "prout &c.", to indicate that a fact
recordum
was supported by documentary
evidence. Failure to use this phrase
correctly could be a fatal defect and
so cause a case to fail.[6]
Refers to one representing
themselves without the services of a
propria persona proper person
lawyer. Also known as pro
perrepresentation.
probatio vincit Proof overcomes
English
Term or phrase Literal translation Definition and use
pronunciation

praesumptionem presumption.
Something, such as an office held,
pro tempore for the time being
that is temporary.
abbreviation of pro
Something, such as an office held,
pro tem tempore, meaning "for the
that is temporary.
time being"
A partial payment of an award or
pro tanto for so much claim, based on the defendant's
ability to pay.
Representing oneself, without
/ˌproʊ ˈsiː/, /ˌpr
pro se for himself counsel. Also known as pro
oʊ ˈseɪ/
per representation.
A calculation adjusted based on a
proportional value relevant to the
pro rata from the rate calculation. An example would be a
tenant being charged a portion of a
month's rent based on having lived
English
Term or phrase Literal translation Definition and use
pronunciation

there less than a full month. The


amount charged would be
proportional to the time occupied.
abbreviation of propria Representing oneself, without
pro per persona, meaning "one's counsel. Also known as pro
own person" se representation.
Refers to a lawyer who is allowed to
participate (only) in a specific case,
pro hac vice for this turn despite being in a jurisdiction in
which he has not been generally
admitted.
pro forma as a matter of form Things done as formalities.
/ˈproʊ ˈboʊnoʊ
pro bono publico for the public good
ˈpʌblɪkoʊ/
/ˈproʊ ˈboʊnoʊ
pro bono for good Professional work done for free.
/
prius quam Before you hear, do not
English
Term or phrase Literal translation Definition and use
pronunciation

exaudias ne judge.
iudices
(1) A legal principle that older laws
take precedence over newer ones.
Another name for this principle is lex
posterior. (2) (Scots law, civil law),
prior tempore earlier in time, stronger in
usually translated as "prior in time,
potior iure law
superior in right", the principle that
someone who registers (a security
interest) earlier therefore ranks
higher than other creditors.
A matter that appears to be
/ˈpraɪmə ˈfeɪʃi.i
prima facie at first face sufficiently based in the evidence as
ː/
to be considered true.
The Roman praetor (magistrate)
praetor peregrinus magistrate of foreigners responsible for matters involving
non-Romans.
post mortem after the author's death Used in reference to intellectual
English
Term or phrase Literal translation Definition and use
pronunciation

auctoris property rights, which usually are


based around the author's lifetime.
Refers to an autopsy, or as a
post mortem after death qualification as to when some event
occurred.
A body of armed citizens pressed
/ˈpɒsiː ˌkɒmɪˈt
posse comitatus power of the county into service by legal authority, to
eɪtəs/
keep the peace or pursue a fugitive.
A person who is officially considered
unwelcome by a host country in /pərˈsoʊnə nɒ
which they are residing in a n ˈɡrɑːtə/, /pərˈ
persona non grata unwelcome person
diplomatic capacity. The person is soʊnə nɒn ˈɡr
typically expelled to their home eɪtə/
country.
A condition given to support requests
periculum in mora danger in delay for urgent action, such as a
protective order or restraining order.
English
Term or phrase Literal translation Definition and use
pronunciation

An estate of a decedent is distributed


per stirpes, if each branch of the
per stirpes by branch
family is to receive an equal share of
an estate.
per se by itself Something that is, as a matter of law.
Used in legal documents in the same
sense as "whereby". A per
quod statement is typically used to
per quod by which
show that specific acts had
consequences which form the basis
for the legal action.
Employed when an adult brings suit
by or through the next on behalf of a minor, who was
per proxima amici
friend unable to maintain an action on his
own behalf at common law.
Used as a defense, when illegal acts
per minas through threats
were performed under duress.
English
Term or phrase Literal translation Definition and use
pronunciation

A judgement given without reference


per incuriam by their neglect
to precedent.
A decision delivered by a multi-judge
panel, such as an appellate court, in
which the decision is said to be
/ˌpɜːr ˈkjuːriæ
per curiam through the court authored by the court itself, instead
m/
of situations where those individual
judges supporting the decision are
named.
per contra by that against Legal shorthand for "in contrast to".
Dividing money up strictly and
per capita by head equally according to the number of
beneficiaries
Court orders used to provide relief
until the final judgement is rendered.
while the litigation is
pendente lite Commonly used
pending
in divorceproceedings. The adverbial
form of lis pendens (above).
English
Term or phrase Literal translation Definition and use
pronunciation

The head of household, for purposes


of considering the rights and
responsibilities thereof. (Civil
pater familias father of the family
law) bonus paterfamilias: a standard
of care equivalent to the common
law ordinary reasonable man.
Equal ranking, equal priority (usually
pari passu on equal footing
referring to creditors).
Refers to the power of the State to
parens patriae parent of the nation act as parent to a child when the
legal parents are unable or unwilling.
Used when both parties to a dispute
par delictum equal fault
are at fault.
pacta sunt Agreements must be
A fundamental principle of law.
servanda kept.
Used to say 'contrary to the opinion
pace with peace /ˈpɑːtʃeɪ/
of.' It is a polite way of marking a
English
Term or phrase Literal translation Definition and use
pronunciation

speaker's disagreement with


someone or some body of thought.
onus probandi Burden of proof.
In law, an observation by a judge on
some point of law not directly
relevant to the case before him, and
thus neither requiring his decision
obiter dictum a thing said in passing
nor serving as a precedent, but
nevertheless of persuasive authority.
In general, any comment, remark or
observation made in passing.
An action by a court to correct a
nunc pro tunc now for then
previous procedural or clerical error.
One cannot be prosecuted for doing
nullum crimen,
no crime, no punishment something that was not prohibited by
nulla poena sine
without a previous penal law at the time and place it was
praevia lege
law committed, notwithstanding laws
poenali
made since that time. A form of
English
Term or phrase Literal translation Definition and use
pronunciation

prohibition on retroactive laws.


One cannot be prosecuted for doing
nulla poena sine
no penalty without a law something that is not prohibited by
lege
law.
Notation made when a defendant
has no tangible property available to
nulla bona no goods
be seized in order to comply with a
judgement.
An unenforceable promise, due to
nudum pactum naked promise the absence of consideration or
value exchanged for the promise.
A break in causation (and therefore
novus actus a new action coming probably liability) because something
interveniens between else has happened to remove the
causal link.
A term used to direct the reader to
nota bene note well
cautionary or qualifying statements
English
Term or phrase Literal translation Definition and use
pronunciation

for the main text.


An ambiguous word or term can be
clarified by considering the whole
noscitur a sociis It is known by friends.
context in which it is used, without
having to define the term itself.
A circumstance where the judge may
non obstante notwithstanding the
override the jury verdict and reverse
verdicto verdict
or modify the decision.
A type of verdict where positive guilt
or innocence cannot be determined.
non liquet It is not clear.
Also called "not proven" in legal
systems with such verdicts.
Performing some illegal action is not
excused by the fact that a positive
non faciat malum,
Not to do evil that good result came therefrom. Often used to
ut inde veniat
may come. argue that some forms of
bonum
expression, such as graffiti or
pornographic films, cannot be given
English
Term or phrase Literal translation Definition and use
pronunciation

the protection of law (e.g. copyright)


as they are or may be considered
illegal or morally reprehensible.
Reported by a sheriff on writ when
non est inventus He is not found. the defendant cannot be found in his
county or jurisdiction.
A method whereby a signatory to a
contract can invalidate it by showing
non est factum It is not [my] deed. that his signature to the contract was
made unintentionally or without full
understanding of the implications.
Refers to information given by one
who is not supposed to give
testimony, such as an attorney
non constat It is not certain.
bringing up new information that did
not come from a witness. Such
information is typically nullified.
non compos not in possession of Not having mental capacity to
English
Term or phrase Literal translation Definition and use
pronunciation

mentis [one's] mind perform some legal act


Prohibition against double jeopardy.
non bis in idem not twice in the same A legal action cannot be brought
twice for the same act or offense.
In the case where a contract
imposes specific obligations on both
non adimpleti of a non-completed parties, one side cannot sue the
contractus contract other for failure to meet their
obligations, if the plaintiff has not
themselves met their own.
A type of plea whereby the
defendant neither admits nor denies /ˈnoʊloʊ kɒnˈtɛ
nolo contendere I do not wish to dispute
the charge. Commonly interpreted as ndɪriː/
"No contest."
A statement from the prosecution
that they are voluntarily discontinuing /ˈnɒliː ˈprɒsɪkw
nolle prosequi not to prosecute
(or will not initiate) prosecution of a aɪ/
matter.
English
Term or phrase Literal translation Definition and use
pronunciation

Refers to the court of original /ˈnaɪsaɪ ˈpraɪə


nisi prius unless first
jurisdiction in a given matter. s/
A decree that does not enter into
nisi unless force unless some other specified /ˈnaɪsaɪ/
condition is met.
A judgement rendered in the
absence of a plea, or in the event
nihil dicit He says nothing.
one party refuses to cooperate in the
proceedings.
nemo plus iuris ad A purchaser of stolen goods will not
No one can transfer a
alium transferre become the rightful owner thereof,
greater right than he
potest quam ipse since the seller himself was not the
himself has.
habet owner to begin with.
Prevents conflict of interest in courts.
nemo judex in sua No one shall be a judge in Often invoked when there is really no
causa his own case. conflict, but when there is even the
appearance of one.
English
Term or phrase Literal translation Definition and use
pronunciation

Everyone should know the law. This


is used in European Law-countries
nemo ius ignoratur Not knowing the law is
with a history of Roman law, the
censetur harmful.
'sentence' was first made
by Aristotle.
In the past it was thought that it
included just two rules namely (1)
nemo debet esse No one shall be a judge in
nemo debet esse judex in propria
iudex in propria his own case.
causa (no one shall be a judge in his
own case)[clarification needed]
If someone purchases something
that the seller has no right to (such
nemo dat quod non No one gives what he
as stolen property), the purchaser
habet does not have.
will likewise have no legal claim to
the thing bought.
nemo auditur
No one can be heard, Nobody can bring a case that stems
propriam
who invokes his own guilt. from their own illegal act.
turpitudinem
English
Term or phrase Literal translation Definition and use
pronunciation

allegans
Quasi-contractual obligation arising
from good works affecting other
people, obliging the benefited party
negotiorum gestio management of estate
(dominus negotii) to reimburse
the gestor for the cost that was used
in doing good works.
Shortened version of ne exeat
repiblica: "let him not exit the
let him not exit [the
ne exeat republic". A writ to prevent one party /ˈniː ˈɛksiæt/
republic]
to a dispute from leaving (or being
taken) from the court's jurisdiction.
A caution to a reader when using
one example to illustrate a related
having changed [the
but slightly different situation. The
mutatis mutandis things that] needed to be
caution is that the reader must adapt
changed
the example to change what is
needed for it to apply to the new
English
Term or phrase Literal translation Definition and use
pronunciation

situation.
Motions offered at the start of a trial,
motion in limine motion at the start often to suppress or pre-allow certain
evidence or testimony.
That which is the usual custom has
mos pro lege custom for law
the force of law.
Gift or trust that is made in
mortis causa in contemplation of death
contemplation of death.
Delay in payment or performance in
mora solvendi delay of debtor
the part of the debtor or the obligee.
Delay in payment or performance in
mora accipiendi delay of creditor
the part of the creditor or obligor.
A person's particular way of doing /ˈmoʊdəs ɒpəˈ
things. Used when using behavioral rændaɪ/, /ˈmoʊ
modus operandi manner of operation
analysis while investigating a crime. dəs ɒpəˈrændi
Often abbreviated "M.O." ː/
mens rea guilty mind One of the requirements for a crime /ˈmɛns ˈriːə/
English
Term or phrase Literal translation Definition and use
pronunciation

to be committed, the other


being actus reus, the guilt act. This
essentially is the basis for the notion
that those without sufficient mental
capability cannot be judged guilty of
a crime.
A body of water open to all. Typically
a synonym for International Waters,
mare liberum open sea
or in other legal parlance, the "High
Seas".
A body of water under the jurisdiction
of a state or nation, to which access /ˈmeɪriː ˈklɔːzə
mare clausum closed sea
is not permitted, or is tightly m/
regulated.
A writ issue by a higher court to a
lower one, ordering that court or
mandamus we command /mænˈdeɪməs/
related officials to perform some
administrative duty. Often used in
English
Term or phrase Literal translation Definition and use
pronunciation

the context of legal oversight of


government agencies.
Something wrong or illegal by virtue
malum prohibitum prohibited wrong of it being expressly prohibited, that
might not otherwise be so.
Something considered a universal
malum in se wrong in itself wrong or evil, regardless of the
system of laws in effect.
Evil acts are distinguished
from (evil) Evil acts are distinguished from evil
maleficia propositis
purposes/crimes are purposes[4] crimes are distinguished
distinguuntur
distinguished by evil by the intention[5]
intent.
A condition of being fraudulent or
mala fide (in) bad faith
deceptive in act or belief.
The right of a party to appear and be /ˈloʊkəs ˈstæn
locus standi place of standing
heard before a court. daɪ/
English
Term or phrase Literal translation Definition and use
pronunciation

When one party withdraws from a


locus poenitentiae place of repentance
contract before all parties are bound.
The location where a cause of action
locus in quo the place in which
arose.
Shorthand version of Lex locus delcti
locus delicti place of the crime
commissi. The "scene of the crime".
locus place
Often used in the context of public
announcements of legal proceedings
lis pendens suit pending
to come. Compare pendente
lite (below).
Refers to requesting a legal dispute
be heard that is also being heard by
lawsuit elsewhere
lis alibi pendens another court. To avoid possibly
pending
contradictory judgements, this
request will not be granted.
lingua franca the Frankish language A language common to an area that
English
Term or phrase Literal translation Definition and use
pronunciation

is spoken by all, even if not their


mother tongue. Term derives from
the name given to a common
language used by traders in the
Mediterranean basin dating from the
Middle Ages.
An aspect of a unanimous
voting system, whereby any member
liberum veto free veto
can end discussion on a proposed
law.
Where several laws apply to the
lex specialis
Specific law takes away same situation, the more specific
derogat legi
from the general law. one(s) take precedence over more
generali
general ones.
Law that specifically codifies
lex scripta written law something, as opposed to common
law or customary law.
lex retro non agit The law does not operate A law cannot make something illegal
English
Term or phrase Literal translation Definition and use
pronunciation

retroactively. that was legal at the time it was


performed. See ex post facto law.
lex posterior Later law removes the More recent law overrules older ones
derogat priori earlier. on the same matter.
The law of the country, state, or
locality where the matter under
lex loci the law of the place litigation took place. Usually used in /ˈlɛks ˈloʊkaɪ/
contract law, to determine which
laws govern the contract.
lex lata the law borne The law as it has been enacted.
Alternate form of jus commune.
lex communis common law Refers to common facets of civil law
that underlie all aspects of the law.
Forfeiture clause for nonperformance
of a contract, especially (1) a
lex commissoria
provision that a pledge shall be
forfeited if a loan is defaulted, or (2)
English
Term or phrase Literal translation Definition and use
pronunciation

a condition that money paid on a


contract of sale shall be forfeited and
the sale rescinded if outstanding
payments are defaulted. Also known
as a pactum commissorium.
leges humanae Illustrates that laws are made, are in
The laws of man are
nascuntur, vivunt, force for a period, and then become
born, live, and die.
moriuntur obsolete.
A situation arising that is not covered
by any law. Generally used in
lacunae void, gap International Law, as all countries
codify according to their own
systems of law.
Arguments made by a third party in
disputes over possession, the intent
jus tertii law of the third of which is to question one of the
principal parties' claims of ownership
or rights to ownership.
English
Term or phrase Literal translation Definition and use
pronunciation

Social law concept wherein


jus soli right of soil citizenship of a nation is determined /ˈdʒʌs ˈsoʊlaɪ/
by place of birth.
Social law concept wherein
citizenship of a nation is determined /ˈdʒʌs ˈsæŋɡw
jus sanguinis right of blood
by having one or both parents being ɪnɪs/
citizens.
Right of a third-party beneficiary to
jus quaesitum sue in order to enforce a third-party
right to third-party relief
tertio contract (i.e., the opposite of privity
of contract).
Supposed right of the lord of an
jus primae noctis right of the first night estate to take the virginity of women
in his estate on their wedding night.
Laws common to all people, that the
average person would find
jus naturale natural law
reasonable, regardless of their
nationality.
English
Term or phrase Literal translation Definition and use
pronunciation

Laws governing treaties and


jus inter gentes law between the peoples
international agreements.
Laws governing the conduct of
jus in bello law in war
parties in war.
Customary law followed by all
nations. Nations being at peace with
jus gentium law of nations one another, without having to have
an actual peace treaty in force,
would be an example of this concept.
Not actually referring to common
law, this term refers to common
jus commune common law doctrine and principles of civil
lawthat underlie all aspects of the
legal system.
Internationally agreed laws that bear
no deviation, and do not require
jus cogens compelling law
treaties to be in effect. An example is
law prohibiting genocide.
English
Term or phrase Literal translation Definition and use
pronunciation

A codified set of laws concerning


jus civile civil law citizenry, and how the laws apply to
them.
Refers to legalities considered
before entering into a war, to ensure
it is legal to go to war initially. Not to
jus ad bellum laws to war
be confused with ius in bello (q.v.),
the "laws of war" concerning how
war is carried out.
(1) Right of survivorship: In property
law, on the death of one joint tenant,
that tenant's interest passes
automatically to the surviving
right of survivorship; right
jus accrescendi tenant(s) to hold jointly until the
of accrual
estate is held by a sole tenant. The
only way to defeat the right of
survivorship is to sever the joint
tenancy during the lifetime of the
English
Term or phrase Literal translation Definition and use
pronunciation

parties, the right of survivorshop


takes priority over a will or interstate
accession rules.[2] (2) (Civil law) right
of accrual: Right of the beneficiary to
succeed proportionately to a benefit
that another beneficiary in the same
will cannot or does not want to take.
jus law, right Essentially: law.
Irrebuttable or conclusive
presumptions of law. One cannot
juris et de jure of law, and from law
argue against, or try to otherwise
refute these.
Appears at the end of an affidavit,
where the party making the
jurat (He) swears affirmation signs the oath, and the
information on whom the oath was
sworn before is placed.
jura novit curia The court knows the law. Concept that parties to a case do not
English
Term or phrase Literal translation Definition and use
pronunciation

need to define how the law applies to


their case. The court is solely
responsible for determining what
laws apply.
A principle that calculation errors
made by the court do not invalidate
the judgement on a technicality. Also
taken to mean that the judge does
The judge does not
iudex non calculat not tally up the arguments of both
calculate.
sides and decide in favor of the more
numerous, but rather weighs all of
the evidence without regard to the
number of arguments made.
ipso jure the law itself By operation of law.
Used in the context that one event is
/ˈɪpsoʊ ˈfækto
ipso facto by the fact itself a direct and immediate consequence
ʊ/
of another. "In and of itself."
ipsissima verba the very words Referring to a document or ruling
English
Term or phrase Literal translation Definition and use
pronunciation

that is being quoted by another.


An assertion given undue weight
ipse dixit He himself said it. solely by virtue of the person making /ˈɪpsiː ˈdɪksɪt/
the assertion.
Something done which requires legal
intra vires within the powers authority, and the act is performed
accordingly. Cf. ultra vires.
Used in various contexts to refer to
intra legem within the law
the legal foundation for a thing.
This term refers to a
intra fauces terrae within the jaws of the land
nation's territorial waters.
intra within
Refers to a gift or other non-sale
transfer between living parties. This
inter vivos between the living is in contrast to a will, where the /ˌɪntər ˈvaɪvɒs/
transfer takes effect upon one party's
death.
English
Term or phrase Literal translation Definition and use
pronunciation

Refers to obligations between


members of the same group or party,
inter se amongst themselves
differentiated from the whole party's
obligations to another party.
Refers to contract, debts, or other
inter rusticos among rustics agreements made between parties
who are not legal professionals.
A concept that during war, many
illegal activities occur. Also taken to
inter arma enim For among arms, the laws
mean that in times of war, laws are
silent leges fall silent.
suppressed, ostensibly for the good
of the country.
Used to indicate an item cited has
inter alia among others been pulled from a larger or more /ˌɪntər ˈeɪliə/
complete list.
inter alia among others
innuendo by nodding An intimation about someone or
English
Term or phrase Literal translation Definition and use
pronunciation

something, made indirectly or


vaguely suggesting the thing being
implied. Often used when the implied
thing is negative or derogatory.
infra below or under
Often used in copyright notices.
Refers to distinctive markings that
indicia indications
identify a piece of intellectual
property.
in toto in total /ɪn ˈtoʊtoʊ/
A clause in a will that threatens any
clause "in order to party who contests the will with being
in terrorem clause
frighten" disinherited. Also called a no-contest
clause.
A warning or threat to sue, made in
in terrorem in order to frighten the hopes of convincing the other
party to take action to avoid a
English
Term or phrase Literal translation Definition and use
pronunciation

lawsuit.
Jointly and severally; where a group
of persons share liability for a debt,
such as co-signers to a loan, the
in solidum for the whole
debtor can sue a single party in
solidum, that is, to recover the entire
amount owed.
Often used in the context of
decisions or rulings about a property /ɪn ˈsaɪtjuː/, /ɪn
in situ in position
or thing "left in place" after the case ˈsɪtjuː/
as it was before.
Used in the context of a case against
property, as opposed to a particular
in rem about a thing /ɪn ˈrɛm/
person. See also in rem jurisdiction.
Cf. in personam.
Used in the title of a decision or
in re in the matter [of] comment to identify the matter they /ɪn ˈriː/
are related to; usually used for a
English
Term or phrase Literal translation Definition and use
pronunciation

case where the proceeding is in


rem or quasi in rem and not in
personam (e.g. probate or bankrupt
estate, guardianship, application for
laying out a public highway) and
occasionally for an ex
parte proceeding (e.g. application for
a writ of habeas corpus).
Alternate form of in prope persona.
in one's own proper One who represents themselves in
in propria persona
person court without the [official] assistance
of an attorney.
One who represents themselves in
in prope persona on one's own person court without the [official] assistance
of an attorney.
in pleno in full
Used in the context of "directed at
in personam in person
this particular person", refers to a
English
Term or phrase Literal translation Definition and use
pronunciation

judgement or subpoena directed at a


specific named individual. Cf. in rem.
Refers to a situation where a law or
statute may be ambiguous, and
in pari materia in the same matter
similar laws applying to the matter
are used to interpret the vague one.
Used when both parties to a case
in pari delicto in equal offense
are equally at fault.
Used to mean "in every respect."
in omnibus in all Something applying to every aspect
of a situation.
A type of retroactive law that
decriminalizes offenses committed in
in mitius in the milder
the past. Also known as an amnesty
law.
Used to refer to a person or entity /ɪn ˌloʊkoʊ pəˈ
in loco parentis in the place of a parent
assuming the normal parental rɛntɪs/
English
Term or phrase Literal translation Definition and use
pronunciation

responsibilities for a minor. This can


be used in transfers of legal
guardianship, or in the case of
schools or other institutions that act
in the place of the parents on a day-
to-day basis.
A motion to a judge in a case that is
in limine at the threshold heard and considered outside the
presence of the jury.
Used when including text in a
complaint verbatim, where its
in haec verba in these words appearance in that form is germane
to the case, or is required to be
included.
Refers to things to come, or things
that may occur later but are not so
in futuro in the future /ɪn fjuːˈtjuːroʊ/
now. As in in futuro debts, i.e. debts
which become due and payable in
English
Term or phrase Literal translation Definition and use
pronunciation

the future.
Someone unable to afford the costs
associated with a legal proceeding.
As this will not be a barrier to
seeking justice, such persons are /ɪn ˌfɔːrmə ˈpɔː
in forma pauperis in the manner of a pauper
given in forma pauperis status pərɪs/
(usually abbreviated IFP), wherein
most costs are waived or
substantially reduced.
Caught in the actual act of
committing a crime. Often used as
a euphemism for a couple caught in
in flagrante delicto in blazing offense
the act of sexual intercourse, though
it technically refers to being "caught
in the act" of any misdeed.
In extreme circumstances. Often
in extremis in the extreme used to refer to "at the point of
death."
English
Term or phrase Literal translation Definition and use
pronunciation

In extended form, or at full length.


Often used to refer to publication of
in extenso in the extended
documents, where it means the full
unabridged document is published.
Actually existing in reality. Opposite
in esse in existence
of in posse.
Conducted in open court. The
in curia in court
opposite of in camera.
Conducted in private, or in secret.
in camera in the chamber
The opposite of in open court.
Often used in probate law, as well as
In articulo mortis at the moment of death for testimony in the sense of a dying
declaration.
A legal proceeding conducted
without the presence of one party is
in absentia in absence
said to be conducted in absentia,
e.g., trial in absentia or being
English
Term or phrase Literal translation Definition and use
pronunciation

sentenced in absentia.
An authorization for a document to
be printed. Used in the context of
imprimatur Let it be printed.
approval by a religious body or other
censoring authority.
A principle that states that not having
ignorantia juris non Ignorance of the law does
knowledge of a law is not an excuse
excusat not excuse.
for breaking it.
Used in citations to indicate the cited
source came from the same source
idem the same as the preceding one, though not
necessarily the same page or
location. Cf. ibid.
Abbreviation of ibidem, meaning "in
the same place. Used when citing
ibid. in the same place sources, to indicate the cited source
came from the identical location as
the preceding one.
English
Term or phrase Literal translation Definition and use
pronunciation

Abbreviation of id est, meaning "that


is", in the sense of restating
i.e. that is
something that may not have been
clear.
A party considered to be the enemy
hostis humani
enemy of the human race of all nations, such as maritime
generis
pirates.
A writ used to challenge the legality
of detention. Orders the detaining
party to "have the (living) body" of /ˈheɪbiəs ˈkɔːr
habeas corpus May you have the body.
the detained brought before the court pəs/
where the detention will be
investigated.
An independent party appointed
in family law disputes to represent
guardian ad litem guardian for the case parties that cannot represent
themselves, such as minors,
developmentally disabled, or elderly.
English
Term or phrase Literal translation Definition and use
pronunciation

The basic element or complaint of a


gravamen things weighing down /ɡrəˈveɪmɛn/
lawsuit.
Specifies that a certain matter of law
generalia
The general does not be covered by the most specific laws
specialibus non
detract from the specific. pertaining, in the event that broader
derogant
laws conflict with the specific one.
A person, court, statute, or legal
having performed his document that has no legal authority,
functus officio
office because its original legal purpose
has been fulfilled.
Refers to having a sufficient legal
fumus boni iuris smoke of a good right
basis to bring legal action.
Vegetation naturally growing from
old roots (as pasturage) or from
fructus naturales natural fruits
trees (as timber or fruit) (vs. fructus
industriales, see above).
fructus industriales industrial fruits Emblements; in property law, a co-
English
Term or phrase Literal translation Definition and use
pronunciation

owner profitng from her or his fructus


industriales is solely responsible for
any losses that my
occur.[2] (vs. fructus naturales, see
below).
A concept wherein a court refuses to
forum non hear a particular matter, citing a /ˈfoʊrəm nɒn k
disagreeable forum
conveniens more appropriate forum for the issue ənˈviːniɛnz/
to be decided.
fortis When determining whether a chattel
attachiamentum, strong attachment, the is a fixture: "size doesn't matter, how
validior stronger presumption much or degree chattel is attached to
praesumptionem 'land' and to 'what' "
A writ ordering the local law
May you cause to be enforcement to ensure that damages
fieri facias
done. awarded by the court are properly
recovered. A writ of execution.
fiat justitia ruat Let justice be done Also sometimes a motto, a legal
English
Term or phrase Literal translation Definition and use
pronunciation

caelum though the heavens fall. maxim that justice must be done
regardless of the result otherwise.
Often used as a motto, notably
Fiat justitia et Let there be justice,
by Ferdinand I, Holy Roman
pereat mundus though the world perish.
Emperor.
A warrant issued by a judge for
fiat Let it be done.
some legal proceedings.
Wild animals residing on unowned
property do not belong to any party
ferae naturae wild animals by nature
in a dispute on the land. Opposite
of domitae naturae (above).
A suicide. This archaic term stems
from English common law, where
suicide was legally a felony, thus a
felo de se felon of himself
person who committed suicide was
treated as a felon for purposes of
estate disposal.
English
Term or phrase Literal translation Definition and use
pronunciation

A concept in treaty law that prefers


the maintaining of a contract over
favor contractus favor of the contract
letting it expire for purely procedural
reasons.
1. an assured statement made; 2.
completion of a will and all its parts
factum deed to make it valid and legal; 3). book of
facts and law presented in a
Canadian court.
A type of contract wherein one party
agrees to do work for the other, in
facio ut facias I do, that you may do order that the second party can then
perform some work for the first in
exchange.
Refers to things that are currently
extant existing existing at a given point, rather than
things that are no longer so.
expressio unius est The express mention of When items are listed, anything not
English
Term or phrase Literal translation Definition and use
pronunciation

exclusio alterius one thing excludes all explicitly stated is assumed to not be
others. included.
exempli gratia for the sake of example Usually abbreviated "e.g.".
From a dishonorable A party cannot bring a legal action
ex turpi causa non
cause an action does not for consequences of his own illegal
oritur actio
arise. act.
Term used in contract law to specify
terms that are voided or confirmed in
ex tunc from then
effect from the execution of the
contract. Cf. ex nunc.
Abbreviation of ex relatione. Used
when the government brings a case
[arising] out of the
ex rel that arises from the information
narration [of the relator]
conveyed to it by a third party
("relator").
Commonly spoken as "by one's own
ex proprio motu by [one's] own motion
accord."
English
Term or phrase Literal translation Definition and use
pronunciation

A retroactive law. E.g. a law that


ex post facto law makes illegal an act that was not
illegal when it was done.
from a thing done
ex post facto Commonly said as "after the fact."
afterward
ex post from after Based on knowledge of the past.
A decision reached, or case brought,
ex parte from [for] one party by or for one party without the other
party being present.
Something done or realized by the
ex officio from the office
fact of holding an office or position.
Term used in contract law to specify
terms that are voided or confirmed in
ex nunc from now on effect only in the future and not prior
to the contract, or its adjudication.
Cf. ex tunc.
ex injuria jus non Law does not arise from A principle in international law that
English
Term or phrase Literal translation Definition and use
pronunciation

oritur injustice. unjust acts cannot create laws.


Something done voluntarily and with
ex gratia by favor no expectation of a legal liability
arising therefrom.
ex fida bona good business norms
If a contract is blatantly and
obviously incorrect or illegal, it can
ex facie on the face
be considered void ex facie without
any further analysis or arguments.
ex delicto from a transgression The consequence of a crime or tort.
from what has been Often used in a "guilt by association"
ex concessis
conceded already context.
Where chair refers to authority or
ex cathedra from the chair position. Authority derived from one's
position.
Essentially meaning "before the
ex ante of before /ˌɛks ˈæntiː/
event", usually used when
English
Term or phrase Literal translation Definition and use
pronunciation

forecasting future events.


Usually defined as "what is right and
good." Used to describe the power of
a judge or arbiter to consider only
ex aequo et bono of equity and [the] good what is fair and good for the specific
case, and not necessarily what the
law may require. In courts, usually
only done if all parties agree.
Usually used instead of naming a
et vir and husband woman's husband as a party in a /ˌɛt ˈvɜːr/
case.
Usually used instead of naming a
et uxor and wife /ˌɛt ˈʌksɔːr/
man's wife as a party in a case.
Abbreviation of et sequens, meaning
"and the following ones". Used in
et seq. and the following things citations to indicate that the cited
portion extends to the pages
following the cited page.
English
Term or phrase Literal translation Definition and use
pronunciation

Generally used in the sense of "and


et cetera and other things
so forth".
Abbreviation of et alii, meaning "and
et al. and others
others".
having been made in
erratum
error
ergo therefore
Refers to rights or obligations that
erga omnes towards all
are owed towards all.
eo nomine by that name
Known as a "canon of construction",
it states that when a limited list of
specific things also includes a more
ejusdem generis of the same class general class, that the scope of that
more general class shall be limited to
other items more like the specific
items in the list.
English
Term or phrase Literal translation Definition and use
pronunciation

ei incumbit Proof lies on him who The concept that one is innocent
probatio qui dicit asserts. until proven guilty.
A "subpoena duces tecum" is a
duces tecum bring with you summons to produce physical
evidence for a trial.
dubia in meliorem Doubtful things should be
Often spoken as "to give the benefit
partem interpretari interpreted in the best
of the doubt."
debent way
dramatis personae persons of the drama
Gift causa mortis; "The donor,
contemplating imminent death,
declares words of present gifting and
delivers the gift to the donee or
donatio mortis
deathbed gift someone who clearly takes
causa
possession on behalf of the donee.
The gift becomes effective at death
but remains revocable until that
time."[2]
English
Term or phrase Literal translation Definition and use
pronunciation

Tame or domesticated animal. Also


domitae naturae tame by nature called mansuetae naturae. Opposite
of ferae naturae (below)
Heavily used in the context
dolus specialis Specific deceit
of genocide in international law.
Presumption that young children or
persons with diminished mental
doli incapax incapable of guilt
capacity cannot form the intent to
commit a crime.
A statement given some weight or
dictum (thing) said consideration due to the respect
given the person making it.
deorum injuriae The gods take care of Blasphemy is a crime against the
diis curae injuries to the gods State, rather than against God.
That which has been
delegatus non
delegated cannot
potest delegare
delegate [further]
English
Term or phrase Literal translation Definition and use
pronunciation

Complete annihilation of a warring


debellatio warring down party, bringing about the end of the
conflict.
Often used in the context of "trial de
novo" – a new trial ordered when the
de novo anew
previous one failed to reach a
conclusion.
Social convention that it is
de mortuis nil nisi Of the dead, [speak] inappropriate to speak ill of the
bonum nothing unless good recently deceased, even if they were
an enemy.
The law does not concern There must be a minimal level of
de minimis non
itself with the smallest substance or impact in order to bring
curat lex
[things] a legal action.
Various legal areas concerning small
de minimis about the smallest things
amounts or small degrees.
de lege lata of the law as it is Concerning the law as it exists,
English
Term or phrase Literal translation Definition and use
pronunciation

without consideration of how things


should be.
Used in the context of "how the law
de lege ferenda of the law as it should be should be", such as for proposed
legislation.
Literally "from law"; something that is
established in law, whether or not it
de jure according to law
is true in general practice. Cf. de
facto.
Often used to mean "start it all over",
de integro concerning the whole
in the context of "repeat de integro".
de futuro concerning the future At a future date.
Literally "from fact"; often used to
mean something that is true in
de facto in fact practice, but has not been officially
instituted or endorsed. "For all
intents and purposes". Cf. de jure.
English
Term or phrase Literal translation Definition and use
pronunciation

Generally refers to a type of labor in


de die in diem from day to day which the worker is paid fully at the
completion of each day's work.
Assets of an estate remaining after
the death (or removal) of the
de bonis non designated estate administrator. An
of goods not administered
administratis "administrator de bonis non
administratis" will then be appointed
to dispose of these goods.
Specifies that larceny was taking
place in addition to any other crime
de bonis asportatis carrying goods away
named. E.g. "trespass de bonis
asportatis".
cuius est solum
For whoever owns the Used in reference to the rights of
eius est usque ad
soil, it is theirs up to property owners to the air above,
coelum et ad
Heaven and down to Hell and land below, their property.
inferos
cui bono as a benefit to whom? Suggests that the perpetrator(s) of a
English
Term or phrase Literal translation Definition and use
pronunciation

crime can often be found by


investigating those who would have
benefited financially from the crime,
even if it is not immediately obvious.
crimen falsi crime of falsifying Forgery.
An encyclopedia of US law drawn
corpus juris
from US Federal and State court
secundum
decisions.
corpus juris The complete collection of
body of the law of nations
gentium international law.
The complete collection of civil laws
of a particular jurisdiction or court. /ˈkɔːrpəs ˈdʒuː
corpus juris civilis body of civil law
Also sometimes used to refer to the rɪs sɪˈvaɪlɪs/
Code of Justinian.
The complete collection of laws of a /ˈkɔːrpəs ˈdʒuː
corpus juris body of law
particular jurisdiction or court. rɪs/
corpus delicti body of the crime A person cannot be convicted of a /ˈkɔːrpəs dɪˈlɪk
English
Term or phrase Literal translation Definition and use
pronunciation

crime, unless it can be proven that taɪ/


the crime was even committed.
Refers to a legal proceeding without
before one who is not a
coram non judice a judge, or with a judge who does
judge
not have proper jurisdiction.
Contradictio in
contradiction in itself A contradiction in terms.
adjecto
Used in contract law to stipulate that
an ambiguous term in a contract
shall be interpreted against the
interests of the party that insisted
against the one bringing
contra proferentem upon the term's inclusion. Prevents
forth
the intentional additions of
ambiguous terminology from being
exploited by the party who insisted
on its inclusion.
Used when a court or tribunal hands
contra legem against the law
down a decision that is contrary to
English
Term or phrase Literal translation Definition and use
pronunciation

the laws of the governing state.


contra bonos Contracts so made are generally
against good morals
mores illegal and unenforceable.
Used in case citations to indicate
contra against that the cited source directly
contradicts the point being made.
Where no laws apply to a given
consuetudo pro
Custom is held as law situation, the customs of the place
lege servatur
and time will have the force of law.
Stipulates that when two or more
consensus facit persons arrive at a good faith
consensus makes the law
legem agreement, the law will insist on that
agreement being carried out.
Meeting of the minds, mutual assent,
or concurrence of wills. Parties must
consensus ad idem agreement to the same
be of one mind and their promises
must relate to the same subject or
English
Term or phrase Literal translation Definition and use
pronunciation

object[3] Also consensus in idem.


Condicio sine qua A condition without which An indispensable and essential
non it could not be action, condition, or ingredient.
Of sound mind. Also used in the
/ˈkɒmpɒs ˈmɛn
compos mentis having command of mind negative "Non compos mentis",
tɪs/
meaning "Not of sound mind".
Delay in payment or performance on
compensatio
balance of delay the part of both the debtor and the
morae
creditor.
The aggregate of marital property
communio
community of property under a community
bonorum
property matrimonial regime.
cogitationis Nobody suffers
poenam nemo punishment for mere
patitur intent
with other things the More commonly rendered in English /ˌsɛtərɪs ˈpærɪ
Ceteris paribus
same as "All other things being equal." bəs/
English
Term or phrase Literal translation Definition and use
pronunciation

/ˌsɜːrʃiəˈreɪraɪ/,
Certiorari to be apprised A type of writ seeking judicial review.
/ˌsɜːrʃiəˈreɪriː/
In addition to the general warning,
also refers to a legal doctrine
wherein a buyer could not get relief /ˈkæviæt ˈɛmpt
Caveat emptor Let the buyer beware
from a seller for defects present on ɔːr/
property which rendered it unfit for
use.
When used by itself, refers to a
Caveat May he beware
qualification, or warning.
Force majeure, specifically a man-
made inevitable accident (e.g. riots,
strikes, civil war); ex: When H.M.S.
Bounty was destroyed by Hurricane
casus fortuitus fortuitous event
Sandy, October 29, 2012, casus
fortuitus would describe the H.M.S.
Bounty being at the wrong place
when Hurricane Sandy came up the
English
Term or phrase Literal translation Definition and use
pronunciation

coast.HMS Bounty
Sinks Compare vis major (see
below).
Casus belli case of war The justification for acts of war. /ˈkeɪsəs ˈbɛlaɪ/
Indicates that a settlement to a
Cadit quaestio the question falls dispute or issue has been reached,
and the issue is now resolved.
bona vacantia ownerless goods
Implies sincere good intention
bona fide in good faith /ˈboʊnə ˈfaɪdiː/
regardless of outcome.
Refers to the idea that one cannot be
Audi alteram
hear the other side fairly judged unless the cases for
partem
and against them have been heard.
ante before
"Wild animals, such as bees and
animus revertendi intention to return homing pigeons, that by habit go
'home' to their possessor. Used
English
Term or phrase Literal translation Definition and use
pronunciation

when discussing ferae naturae."[2]


"In order to claim possessory rights,
an individual must establish physical
animus possidendi intention to possess
control of the res and the intention to
possess (i.e. animus possidendi)"[2]
The subjective state of mind of the
author of a crime, with reference to
animus nocendi intention to harm the exact knowledge of illegal
content of his behaviour, and of its
possible consequences.
animus
contractual intent Intention to contract.
contrahendi
A person who offers information to a /əˈmaɪkəs ˈkjuː
amicus curiae friend of the court
court regarding a case before it. ri.iː/
A second identity living within a
alter ego another I
person.
affidavit he has sworn A formal statement of fact. /ˌæfɪˈdeɪvɪt/
English
Term or phrase Literal translation Definition and use
pronunciation

adjournment sine adjournment without a When an assembly adjourns without


/ˌsaɪniː ˈdaɪiː/
die day setting a date for its next meeting.
/ˌæd vəˈloʊrɛ
ad valorem according to value
m/
Used in tort law. Implies that the
reward or penalty ought to
ad quod damnum according to the harm
correspond to the damage suffered
or inflicted.
Describes those designated to
represent parties deemed incapable
ad litem for the case /ˌæd ˈlaɪtɛm/
of representing themselves, such as
a child or incapacitated adult.
/ˌæd ɪnfɪˈnaɪtə
ad infinitum to infinity To continue forever.
m/
ad idem to the same thing In agreement. /ˌæd ˈaɪdəm/
Attacking an opponent's character /ˌæd ˈhɒmɪnɛ
ad hominem at the person
rather than answering his argument. m/
English
Term or phrase Literal translation Definition and use
pronunciation

Generally signifies a solution


designed for a specific problem or
ad hoc for this task, non-generalizable, and not /ˌæd ˈhɒk/
intended to be able to be adapted to
other purposes.
ad colligenda bona to collect the goods
Abbreviated from Cuius est solum
eius est usque ad coelum et ad
infernos which translates to "[for]
whoever owns [the] soil, [it] is his all
ad coelum to the sky the way [up] to Heaven and [down] /ˌæd ˈsiːləm/
to Hell." The principle that the owner
of a parcel of land also owns the air
above and the ground below the
parcel.
Part of what proves criminal liability
actus reus guilty act /ˌæktəs ˈriːəs/
(with mens rea).
Actori incumbit on the plaintiff rests the The burden of proof falls to the
English
Term or phrase Literal translation Definition and use
pronunciation

onus probatio proving plaintiff, claimant, or petitioner


according to Roman law.
"Presenting the negative portion of a
absque hoc without this plea when pleading at common by
way a special traverse."[1]
"Commonly used referring to the
time a contract, statute, marriage, or
ab initio from the beginning deed become legal. e.g The couple /ˌæb ɪˈnɪʃioʊ/
was covered ab initio by her health
policy."[1]
Concerning a case, a person may
have received some funding from a
ab extra from outside /ˌæb ˈɛkstrə/
3rd party. This funding may have
been considered ab extra.
Regarding a court below in an
appeal, either a court of first instance
a quo from which /ˌeɪ ˈkwoʊ/
or an appellate court, known as the
court a quo.
English
Term or phrase Literal translation Definition and use
pronunciation

An argument derived from previous


a priori from earlier /ˌeɪ praɪoʊraɪ/
event.
An argument derived from /ˌeɪ ˌpɒstiːrioʊr
a posteriori from later
subsequent event. aɪ/
Divorce a mensa et thoro indicates
/ˌeɪ ˈmɛnsə ɛt
a mensa et thoro from table and bed legal separation without legal
ˈθoʊroʊ/
divorce.
An a fortiori argument is an
"argument from a stronger reason", /ˌeɪ fɔːrtiˈoʊraɪ
a fortiori from stronger meaning that, because one fact is /, /ˌeɪ fɔːrʃiˈoʊr
true, a second (related and included) aɪ/
fact must also be true.
(in) arguendo for the sake of argument

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