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vinculum juris the chains of the law Something which is legally binding.
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vice versa the other way around Something that is the same either
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way.
ultra vires beyond the powers An act that requires legal authority to
perform, but which is done without
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sub nomine under the name Abbreviated sub nom.; used in case
citations to indicate that the official
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rex non potest The king can do no Used to describe the basis
peccare wrong. for sovereign immunity.
quod est
What is necessary is
necessarium est
lawful.
licitum
himself".
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
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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
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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
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Term or phrase Literal translation Definition and use
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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/
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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
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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."
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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.
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Term or phrase Literal translation Definition and use
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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.
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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."
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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]
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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
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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
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