Legal Terminology - Latin Terms Flashcards
(215 cards)
1
Q
a fortiori
A
with stronger reason
2
Q
a priori
A
from what goes before; from the cause to the effect
3
Q
ab initio
A
from the beginning
4
Q
actiones in personam
A
personal actions
5
Q
ad curiam
A
before the court, to the court
6
Q
ad damnum clause
A
to the damage, clause of complaint that states plaintiff’s monetary loss
7
Q
ad faciendum
A
to do
8
Q
ad hoc
A
for this purpose, for this occasion
9
Q
ad litem
A
for the suit; for the litigation (a guardian ad litem, for example)
10
Q
ad rem
A
to the thing at hand
11
Q
ad valorem
A
according to the value (an ad valorem tax, for example)
12
Q
adversus
A
against (defendant adv. plaintiff)
13
Q
aggregatio mentium
A
meeting of minds (relates to formation of contracts)
14
Q
alias dictus
A
otherwise called, also known as (as in an assumed name)
15
Q
alibi
A
in another place, elsewhere
16
Q
aliunde
A
from another place, from without (as in evidence outside the document); see parole evidence under Legal Terms below
17
Q
alter ego
A
the other self
18
Q
amicus curiae
A
friend of the court (as an amicus curiae brief filled with an appellate court)
19
Q
animus
A
mind, intention
20
Q
animo
A
with intention, disposition, design, will
21
Q
ante litem motam
A
before suit brought, before litigation is filed
22
Q
arguendo
A
in the course of the argument, for the sake of argument
23
Q
assumpsit
A
he undertook, he promised
24
Q
bona fide
A
good faith
25
capias
take, arrest
26
capita
persons, heads
27
causa mortis
by reason of death
28
caveat
beware, a warning
29
caveat emptor
let the buyer beware
30
certiorari
send the pleadings up (from an inferior court to a superior court)
31
cestui (pronounced "setty")
beneficiaries
32
cestui que trust
beneficiaries of the trust
33
circa
in the area of, about, concerning
34
compos mentis
of sound mind
35
consortium
union of lots or chances; conjugal fellowship of husband and wife
36
contra
against
37
coram nobis
before us ourselves
38
corpus
body
39
corpus delicti
body of the offense; essence of the crime
40
cum testamento annexo
with the will annexed
41
datum
1. a thing given; information; 2. a date
42
de facto
in fact, in deed, acutally
43
de jure
of right, lawful
44
de novo
anew, afresh
45
de son tort
of his own wrong
46
dies non
not a day
47
duces tecum
bring with you (as in subpoena duces tecum, whereby subpoenaed person must appear and bring records)
48
dum bene se gesserit
while he shall conduct himself, during good behavior
49
e converso
conversely, on the other hand
50
en banc
in the bench, all judges present
51
eo instanti
upon the instant
52
erratum
error
53
et alii
and others
54
et sequentia (et seq.)
and as follows
55
et ux
and wife
56
et vir
and husband
57
ex delicto
(arising) from a tort
58
ex gratia
as a matter of favor
59
ex officio
from office, by virtue of his office
60
ex parte
one side only, by or for one party only
61
ex post facto
after the fact
62
facto
in fact, in or by the law
63
felonice
feloniously
64
fiat
let it be done, a short order that a thing be done
65
fieri
to be made up, to become
66
fieri facias
cause to be made (ex. a writ directing the sheriff to reduce a judgement debtor's property to sell it for the amount of the judgment)
67
flagrante delicto
in the very act of committing the crime
68
forum non conveniencs
discretionary power of a court to decline jurisdiction over a case when the court believes it should be tried elsewhere for convenience of parties and witnesses
69
gravis
serious, of importance
70
habeas corpus
you have the body (a writ directed to the custodian of a person, commanding the custodian to produce such person)
71
habendum clause
that part of a deed that beings "to have and to hold"; defines extent of ownership
72
honorarium
honorary fee or gift; compensation from gratitude
73
idem (id.)
the same as above
74
idem sonans
having the same sound (as names sounding alike but spelled differently)
75
in curia
in court
76
in esse
in being, existnce
77
in forma pauperis
permission given to a poor person to sue without liability for court costs
78
infra
beneath; below
79
in limine
at the beginning; threshold
80
in loca perentis
in place of a parent, once charged with a parent's rights and obligations
81
in pari delicto
in equal fault
82
in personam
personally, against the person
83
in paesenti
at once, now
84
in re
in the matter
85
in rem
proceedings against a thing ( a bank account or real estate) distinguished form those against a person
86
in specie
in the same or in similar form
87
instanter
immediately
88
inter alia, inter alios
among other tings, between other persons
89
inter se
among themselves
90
inter vivos
between the living, from one person to another
91
in toto
in the whole, completely
92
in transitu
in transit
93
intra
within, inside
94
ipse dixit
he himself said (it), as an assertion made but no proved
95
ipso facto
by the fact itself
96
jura personarum
right of a person, rights of a person
97
jura rerum
rights of things
98
jure divino
by divine right
99
jure uxoris
in his wife's right
100
jus
law; right; laws collectively
101
jus ad rem
a right to a thing
102
jus commune
the common law, the common right
103
jus commune
the common law, the common right
104
jus gentium
the law of nations, international law
105
just habendi
the right to have a thing
106
jus tertii
the right of a third party; the rights of another person
107
levari facias
cause to be levied, a writ of execution
108
lex
law
109
lex loci
law of the place where the cause of action arose
110
lis pendens
litigation pending, as in a lis pendens filed with real estate records to notify the world that the real estate is involved in litigation
111
locus delicti
the place of the crime or of the tort
112
locus sigilli
the place for the seal
113
mala
bad
114
mala fides
bad faith
115
mala in se
wrong in itself, an act that is morally wrong
116
mala praxis
malpractice
117
mala prohibita
act declared criminal by statue (failure to file a report, for example), though not wrong in itself (as in murder)
118
malo animo
with evil intent
119
mandamus
we command, a writ used to compel an official to perform an act that she is required to perform
120
manu forti
with a strong hand, forcible entry
121
nihil dicit
he says nothing (as in a default judgement against a defendant who does not raise a defense in the action)
122
nil
nothing; of no account
123
nil debet
he owes nothing
124
nisi prius
unless before (used to distinguish the court where trial was held form the appellate court)
125
nolle prosequi
unwilling to prosecute (a crime); prosecutor's discretion not to file charges in a particular case
126
nolo contendere
I will not contest it
127
non
not
128
non assumpsit
plea in defense; that he did not promise
129
non compos mentis
not of sound mind
130
non est factum
it is not his deed
131
non obstante
notwithstnading
132
non sequitur
it does not follow
133
nota bene (N.B.)
note well; take notice
134
nudum pactum
nude pact, a bare agreement that lacks the consideration
135
nul tort
no wrong done
136
nulla bona
no goods (wording used on the return of a writ fieri facias)
137
nunc pro tunc
now for then (as in an order nunc pro tunc to correct clerical error in a previous order)
138
obiter dictum
remark that is not central to the main issue
139
onus probandi
the burden of proof
140
opus
work, labor
141
ore tenus
by word of mouth, orally (as in a motion ore tenus)
142
pari delicto
in equal quilt
143
pari passu
by equal progress, ratably, equitably, without preference
144
pater familias
father of the family
145
peculium
private property
146
pendens
pending
147
pendente lite
pending the suit, during litigation
148
per annum
annual, by the year
149
per capita
by the head, equally shared
150
per contra
in opposition
151
per curiam
by the court
152
per diem
by the day
153
per se
by itself, taken alone
154
per stirpes
by representation, by the roots or stocks for purposes of inheritance
155
post
after, later
156
post-factum
after the fact, after the event
157
post-obit
to take effect after death
158
pracipe
writ commanding a person to do some act or to appear and show cause why she should not do so; order to clerk of court to issue a summons or execution on judgement already rendered
159
prima facie
at first sight, on the fact of it
160
pro bono
free of charge, without cost
161
pro forma
as a matter of form
162
pro hav vice
for this occation
163
pro rata
according to the rate or proportion
164
pro se
appearing for oneself; personally
165
pro tanto
for so much, to that extent
166
pro tempore
for the time being, temporarily
167
prochein ami
next friend
168
pbulici juris
of public right
169
pur autre vie
for or during the life of another
170
quaere
question, doubt
171
quantum
how much, the amount
172
quare
wherefore
173
quare clausum fregit
breaking the close, trespass
174
quare clausum fregit
breaking the close, respass
175
quasi
as if, as if it were
176
quid pro quo
what for what, something for something (as in consideration for a contract)
177
quo warranto
by what right or authority
178
res
thing, object, subject matter
179
res gestae
things done, excited utterance
180
res ipsa loquitur
the thing speaks for itself
181
res judicata
a thing (matter) adjudged
182
respondeat superior
let the master answer
183
scienter
knowledge, awareness
184
scilicet
to wit, that is to say, namely (SS or ss)
185
scintilla
a spark, the least particle
186
scire facias
cause to know, give notice (writ used to revive a judgement that has expired {dormant])
187
secundum
according to
188
se defendendo
in self-defense
189
semper
always
190
seriatim
severally, separately
191
sic
thus, so, in such manner (used to indicate an error in original, quoted material)
192
sigillum
a seal
193
sine
without
194
sine die
without a day, without a specific day assigned for a future meeting
195
sine qua non
that without which a thing cannot occure; indispensable condition or part
196
stare decisis
to abid by dcided cases
197
status quo
state in which, present state
198
sua sponte
voluntarily, of his own will and motion
199
sub nomine
under the name of, in the name of, under the title of
200
sub silenteo
under silence, without any notice being taken
201
sui generis
of its own kind or class, the only one of a kind, unique
202
sui juris
of his own right, having legal capacity to act for himself
203
supersedeas
superseding (as in the bond that accompanies a writ commanding a stay of proceedings pending appeal)
204
supra
above, cited in full above
205
tenere
to hold, to keep
206
terminus a quo
the starting point
207
ultra
beyond, in excess of outside of
208
ultra vires
without power, beyond the powers of
209
venire facias
that you cause to come, a type of summons
210
versus
against (plaintiff v. defendant)
211
vildelicet
it is easy to see, that is to say, namely
212
vi et armis
by force and arms
213
vis-a-vis
one who (that which) is face to face with another
214
vivos
living
215
voir dire
to speak the truth, the process used to select jurors
