Legal Latin Terms Flashcards
(142 cards)
1
Q
Ad hoc
A
for this purpose only
2
Q
ab ovo
A
from the egg (at the beginning, at the start)
3
Q
ad curiam
A
to [at] court
4
Q
ad litem
A
to the suit (for purposes of the lawsuit)
5
Q
ad testificandum
A
for testifying
6
Q
amicus curiae/amici curiae
A
friend of the court
(third party filing a brief to support a specific position)
7
Q
ante litem
A
before trial
8
Q
arguendo
A
arguing, for the sake of argument
9
Q
bona fide
A
in good faith (open, sincere)
10
Q
caveat
A
beware, warning
11
Q
caveat emptor
A
let the buyer beware
12
Q
caveat venditor
A
let the seller beware
13
Q
certiorari
A
to be informed of
writ from higher to lower court, ordering transcript of proceedings for appellate review
14
Q
chattel
A
article of personal or movable property
15
Q
compos mentis
A
sane, of sound mind
16
Q
corpus
A
body - any set of materials
total assets in an estate or trust
17
Q
corpus juris
A
body of law
18
Q
corpus delecti
A
body of a crime
item upon which a crime has been committed
- murder: victim’s body
- arson: burnt property
19
Q
cum laude
A
with praise
20
Q
de facto
A
in fact - actual and real in fact
21
Q
de jure
A
in law - legal, proper, legitimate
22
Q
de juris
A
of the law
23
Q
de minimis
A
of only a tiny amount - trivial, inconsequential
procedural error made during trial so trivial that outcome of trial could not have been affected by it
24
Q
demurrer
A
defendant’s assertion that plaintiff’s complaint is insufficient or does not state a cause of action upon which relief can be granted
25
de novo
anew, afresh
second/new hearing, to hear case from beginning
26
dictum/dicta
comments within a published opinion which do not relate directly to facts of case at hand, but illustrate/explain the court's thinking
- cannot be cited as precedent
27
duces tecum
bring with you
28
e.g. (exempli gratia)
thus, for example
29
en banc
in/on the bench
entire membership of an appellate court, as opposed to quorum or subset of member judges
30
en bloc
in a block
in a unit, as a whole, completely
31
ergo
therefore
32
escheat
to fall out (back)
reversion of property to state where there are no legal heirs
33
estoppel
stopped up
legal impediment to bringing/maintaining an action
34
et seq. (et sequentes)
and the following
- refer to further material after citation, usually page numbers
35
et ux. (et uxor)
and spouse
typically used to join wife to husband in contract or action
36
ex contractu
from the contract, arising from a contractual promise
37
ex curia
out of court
38
ex delicto
from a crime
39
ex parte
from one part, on one side
something done by or for one party only
40
ex post facto
after the fact
act performed or law passed with retroactive effect
41
forum
place - venue, tribunal, place or trial
42
forum non conveniens
inconvenient forum
authority of a court to decline jurisdiction
43
habeas corpus
you have the body
writ issued to release someone from improper imprisonment
44
idem
same
the same as above, particularly previously cited material
45
i.e. (id est)
that is
46
in absentia
in the absence of
47
in camera
in a room
in chambers, in private
48
indicia
signs - identifying marks, badges, or characteristics
49
in forma pauperis
as a pauper
permission granted to poor litigant to proceed without having to pay court costs/fees
50
infra
below
referring to material coming later, particularly in a document
51
in limine
on the threshold
immediately before or at the very beginning of a case
52
in loco parentis
in the place of a parent
guardian granted parental responsibilities for a minor
- example: school principal
53
in media res
in the middle of things - without preface or introduction, right in the middle
54
in personam
on the person
action or jurisdiction involving a person themselves, as opposed to merely their property
55
in pro per (in properia persona)
for oneself
pleading a case on one's own behalf, without an attorney
56
in re
in or on the thing
in the matter of, particularly when there is only one party
57
in rem
in or on the thing
legal action against property (such as a ship) rather than personally against its owner
58
inter alia
(always italicized)
among other things
59
inter alios
(always italicized)
among other persons
60
in toto
in all - entirely, completely, totally
61
inter se
(always italicized)
between themselves
62
inter vivos
among the living
gift or property passing from one person to another, but not by means of a will or in anticipation of death
63
intra vires
within the power
an act which a person or corporation has authority to perform
64
ipse dixit
he said it himself
a bare assertion resting only on a person's own word
65
ipso facto
by the fact itself - the mere effect of an act or fact
"I saw him, ipso facto, he must have been there."
66
jurat
he/she swears
clause at the end of sworn statement showing when, where, and by whom the statement was signed under penalty of perjury
67
laches
lax, loose, slack
omissions, neglect, or failure to perform a duty or to assert a right
68
les scripta
written law - statutory law (versus common law or ancient customs)
69
lis pendens
pending lawsuit
70
magna cum laude
with great praise
71
malum in se (singular)
mala prohibita (plural)
forbidden wrong(s)
acts forbidden by statutory law
72
mea culpa
my fault
admission of negligence
73
mens
mind - a person's intention, knowledge, meaning
74
mens rea
a guilty mind - having criminal intent
75
mens sana in corpore sano
a healthy mind in a healthy body
76
ne plus ultra
nothing further, not beyond here
77
nolle prosequi
we shall no longer prosecute
declaration made to judge by prosecutor in a criminal case (or plaintiff in civil lawsuit) either before or during trial
- meaning case against defendant is being dropped
78
nolo contendere
I will not fight/contest it
criminal plea neither admitting nor denying charges, but accepting consequences
-avoids future civil liability
79
non compos mentis
not of sound mind
80
non obstante
notwithstanding, nevertheless
81
judgment non obstante veredicto (N.O.V.)
overturns jury's verdict
82
non sequitur
it is not to be followed
conclusion/assertion which does not flow logically from what it is based on
83
nunc pro tunc
now for then
phrase applied to acts performed with retroactive effect, often to cure an obvious defect, such as erroneous date in a document
attorneys from other states can appear nunc pro tunc for a client if permitted by the court
84
parol
spoken word - expressed by speech only, as opposed to evidenced by documents
- not to be confused with parole
85
pendente lite
during suit - happening during litigation
86
per capita
by the heads - according to the number of people involved, equal shares
87
per centum (per cent.)
by a hundred - a percentage
88
per curiam
by the court
a decision not accompanied by a written opinion
opinion of an appellate court en banc, versus one written by a single judge
89
per se
in and of itself
90
post hac
after this - after this time, hereafter
91
prima facie
first appearance - at first sight, appearing to be so, at least on first impression
92
pro bono (pro bono publico)
for the good (for the public good)
services performed free of charge
93
pro forma
for the sake of form
a formality, a perfunctory act or a standard document
94
pro hac vice
for this turn - for a particular occasion, only this once
95
pro rata
according to (by) calculation - in proportion, a proportional division
96
pro se
for himself
representing oneself without an attorney
97
pro tem. (pro tempore)
for a time - a temporary substitute, a provisional act
98
qua
(always italicized)
who - considered as, acting in the capacity of
"A husband, qua husband, cannot be made to testify against his wife."
99
quaere
(always italicized)
question - open to doubt; a rule or decision considered questionable
100
quantum/quanta
amount/amounts
101
quantum meruit
as much as deserved
extent of contractual liability implied by equity
- "He only bid $100 for the job; but it took 3 days, so I think he deserves to be paid more."
102
quasi
as if - indicating a resemblance, having a likeness to something
"quasi-official"
103
Q.E.D. (quod erat demostrandum)
which was to be demonstrated
a term applied to anything obviously true or something which requires little or no evidence
104
q.v. (quod vide)
which see
reference or citation to another item of source material
105
re (form of res)
a thing
concerning something, in the matter of, often with only one party
- "in re estate of Morbius"
106
remittitur
it is to be given back
order reducing grossly excessive jury award
107
res
things
subject matter in a civil case
108
res gestae
things shown
facts admitted into evidence which otherwise would be hearsay
109
res ipsa loquitur
the thing speaks for itself
110
res judicata
decided thing - matter acted upon or decided finally, a conclusive decision by a court
111
res publica
public thing - a state, republic, or commonwealth
112
semble
(always italicized)
it seems, it appears
word used in printed summaries of court opinions where a point of law was not directly decided, or the ruling was obscure
113
seriatim
in a series - one by one, one after another, separately, individually
114
[sic]
thus
word used to indicate what appears on the record was actually said, even though it was obviously in error
115
sine die
without a day
adjournment without specified time to reconvene
116
sine qua non
without which there is nothing - an essential ingredient or condition
"A ripe banana is the sine qua non of a banana split."
117
situs
place - location, particularly in determining jurisdiction, but also of a crime
118
sotto voce
under the voice - in soft tones, not intended to be overheard, as at a sidebar
119
status quo ante
status as it was earlier
return to a previous situation or condition
120
stare decisis
let the decision stand
the principle that prior court rulings should be followed
121
sua sponte
by his own will
without prompting, voluntary, a court acting on its own motion
122
sub nom. (sub nominee.)
(always italicized)
under the name - in the name of, under the title of
123
sub rosa
under the rose - confidential, secret, unpublished
124
subpoena
under penalty (of law)
generally referring to an order to appear in court
125
summa cum laude
with high praise
126
supra
above
referring to material coming earlier, particularly in a document
127
ultra vires
beyond the power
an act beyond the authority of a person or corporation to perform
128
ux. (uxor)
wife
129
venire (venire facias)
to come, to appear in court
judicial writ directing sheriff to summon a specified number of qualified persons to serve as jurors
130
venue
arrived (at a place) - particularly referring to a court's jurisdiction
131
viva voce
with the living voice
oral testimony, as opposed to documentary evidence
132
voir dire
to see, to say
examination of witness (particularly expert) to establish their qualifications
- also to determine prospective juror's qualifications to be member of a jury panel
133
Writ of mandamus
Compel agency or official to perform specific duty
134
Prescribe action
Thou shalt
135
Proscribe action
Thou shalt not
136
Specific performance (remedy)
Losing defendant must DO something
137
Special damages
For pain or suffering due to injury
138
Doctrines
Major principles of law
- generally have “elements,” each of which must be individually proven before the plaintiff can win
139
Where are the federal statutes?
United States Code (U.S.C.)
140
Where are federal agency regulations?
Code of Federal Regulations (C.F.R.)
141
Juror
One who swears an oath
142
Verdict
“A true statement” of the jury
