Latin Terms

Question 1

Term

Answer 1

Definition

Question 2

Stare Decisis

Answer 2

‘To stand by things decided’ — Courts must follow precedent to maintain consistency and stability in the law.

Question 3

Ratio Decidendi

Answer 3

‘The reason for deciding’ — The binding legal principle or rationale essential to the court’s decision.

Question 4

Obiter Dicta

Answer 4

‘Things said by the way’ — Non-binding judicial observations made in passing, not essential to the ratio.

Question 5

Actus Reus

Answer 5

‘Guilty act’ — The physical element of a crime; the conduct or omission that breaches the law.

Question 6

Mens Rea

Answer 6

‘Guilty mind’ — The mental element of a crime; includes intention, knowledge, recklessness, or negligence.

Question 7

Ultra Vires

Answer 7

‘Beyond the powers’ — When a body (e.g. public authority) acts outside its legal authority.

Question 8

Habeas Corpus

Answer 8

‘You shall have the body’ — A legal action to challenge unlawful detention or imprisonment.

Question 9

Res Judicata

Answer 9

‘A matter judged’ — A final judgment is conclusive and prevents re-litigation of the same issue.

Question 10

Functus Officio

Answer 10

‘Having performed its function’ — Once a court or official has made a final decision, their authority ends.

Question 11

Audi Alteram Partem

Answer 11

‘Hear the other side’ — A principle of natural justice; no one should be condemned unheard.

Question 12

Nemo Judex in Causa Sua

Answer 12

‘No one is judge in their own cause’ — A rule against bias in decision-making.

Question 13

Volenti Non Fit Injuria

Answer 13

‘To one who volunteers, no harm is done’ — Consent to risk precludes a claim in tort.

Question 14

In Pari Delicto

Answer 14

‘Equally at fault’ — A party cannot recover damages if they are equally at fault.

Question 15

Lex Talionis

Answer 15

‘Law of retaliation’ — The principle of an eye for an eye; mirrored justice.

Question 16

Non Compos Mentis

Answer 16

‘Not of sound mind’ — A person not legally responsible due to mental incapacity.

Question 17

Per Incuriam

Answer 17

‘Through lack of care’ — A judgment made in ignorance of a key legal authority; not binding.

Question 18

Ex Parte

Answer 18

‘From one side only’ — A legal proceeding brought by one party without the other being present.

Question 19

In Limine

Answer 19

‘At the threshold’ — Preliminary legal issues raised before trial begins.

Question 20

Inter Alia

Answer 20

‘Among other things’ — Used to signal that a list is partial or one example among many.

Question 21

Mutatis Mutandis

Answer 21

‘With necessary changes having been made’ — Applied with the appropriate alterations.

Question 22

Prima Facie

Answer 22

‘At first sight’ — Evidence sufficient to establish a fact unless rebutted.

Question 23

Ipso Facto

Answer 23

‘By the fact itself’ — A legal consequence that arises automatically from a fact.

Question 24

De Facto

Answer 24

‘In fact’ — Existing in reality, even if not legally recognised.

Question 25

De Jure

Answer 25

‘In law’ — Legally recognised, regardless of whether it exists in practice.

Question 26

Lex Non Cogit Ad Impossibilia

Answer 26

‘The law does not compel the impossible’ — Legal duties must be reasonable and possible.

Question 27

Lex Posterior Derogat Priori

Answer 27

‘Later law repeals earlier law’ — Newer legislation overrides earlier inconsistent laws.

Question 28

Lex Specialis Derogat Legi Generali

Answer 28

‘Special law overrides general law’ — A specific law prevails over a general one on the same issue.

Question 29

Falsus In Uno, Falsus In Omnibus

Answer 29

‘False in one thing, false in everything’ — If a witness lies on one point, all testimony may be doubted.

Question 30

Caveat Emptor

Answer 30

‘Let the buyer beware’ — Buyers are responsible for checking quality before purchase.

Question 31

Bona Fide

Answer 31

‘In good faith’ — Honest intention without deceit or fraud.

Question 32

Mala Fide

Answer 32

‘In bad faith’ — Intent to deceive or act dishonestly.

Question 33

In Personam

Answer 33

‘Against the person’ — Rights or obligations enforceable against a specific person.

Question 34

In Rem

Answer 34

‘Against the thing’ — Legal rights enforceable against the world, not just individuals.

Question 35

Nullum Crimen Sine Lege

Answer 35

‘No crime without law’ — A person cannot be punished for an act not defined as a crime.

Question 36

Nemo Debet Esse Judex in Propria Causa

Answer 36

‘No one should be judge in their own cause’ — Reinforces the rule against bias.

Question 37

Locus Standi

Answer 37

‘Place of standing’ — A person’s legal right to bring a case.

Question 38

Contra Proferentem

Answer 38

‘Against the offeror’ — Ambiguity in a contract is interpreted against the party that drafted it.

Question 39

Inter Vivos

Answer 39

‘Between the living’ — A gift or transaction made while alive.

Question 40

Ad Litem

Answer 40

‘For the suit’ — A person appointed to act in legal proceedings on behalf of another.

Question 41

Obligatio Ex Delicto

Answer 41

‘Obligation arising from a wrongful act’ — Civil liability arising from a tort or wrong.

Question 42

Corpus Delicti

Answer 42

‘The body of the crime’ — The essential facts proving a crime has occurred.

Question 43

Sub Judice

Answer 43

‘Under judgment’ — A matter currently being considered by a court.

Question 44

Amicus Curiae

Answer 44

‘Friend of the court’ — A third party offering information or expertise in a case.

Question 45

Ratio Scripta

Answer 45

‘Written reason’ — Refers to codified legal principles or Roman law influences.

Question 46

Cui Bono?

Answer 46

‘To whose benefit?’ — Used to identify likely beneficiaries or motives in criminal cases.

Question 47

Mens Sana in Corpore Sano

Answer 47

‘A healthy mind in a healthy body’ — Sometimes invoked in rights or detention contexts.

Question 48

Pacta Sunt Servanda

Answer 48

‘Agreements must be kept’ — Treaties and contracts are binding in good faith.

Question 49

Rex Non Potest Peccare

Answer 49

‘The king can do no wrong’ — Sovereign immunity doctrine.

Question 50

Fiat Justitia Ruat Caelum

Answer 50

‘Let justice be done though the heavens fall’ — Justice must prevail regardless of consequences.

Question 51

Stare Decisis

Answer 51

‘To stand by things decided’ — Courts follow precedent, especially rulings from higher courts in the same hierarchy.

Question 52

Ultra Vires

Answer 52

‘Beyond the powers’ — When a body acts outside the legal authority granted to it.

Question 53

Mens Rea

Answer 53

‘Guilty mind’ — The mental element of a crime; includes intention, recklessness, or negligence.

Question 54

Ratio Decidendi

Answer 54

‘The reason for deciding’ — The binding legal principle established in a court’s decision.

Question 55

Obiter Dicta

Answer 55

‘Things said by the way’ — Non-binding judicial comments made in passing, but still persuasive.

Question 56

Novus Actus Interveniens

Answer 56

‘A new intervening act’ — A new event that breaks the chain of causation, shifting legal responsibility.

Question 57

Habeas Corpus

Answer 57

‘You shall have the body’ — A remedy against unlawful detention; requires detainee to be brought before a court.