Words & Phrases of Foreign Origins Flashcards

(93 cards)

1
Q

Autrefois Convict

A

Formerly convicted

Autrefois convict is a plea made by a defendant in a case when s/he is indicted for a crime or misdemeanor. By this plea, a defendant can claim that s/he was charged with the same crime under substantially the same facts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Lis Pendens

A

a pending legal action, or a formal notice of one.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Faux pas

A

Faux (FALSE) pas (step)

an embarrassing or tactless act or remark in a social situation.

“‘I was suddenly sick in the back of their car’—it was years before he could confess his faux pas to them”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Punctum Temporis

A

Lat. A point of time;

an indivisible period of time;

the shortest space of time;

an instant Calvin

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Pari passu

A

side by side; at the same rate or on an equal footing.

“early opera developed pari passu with the solo song”

Pari passu is a Latin phrase that literally means “with an equal step” or “on equal footing”. It is sometimes translated as “ranking equally”, “hand-in-hand”, “with equal force”, or “moving together”, and by extension, “fairly”, “without partiality”.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Jus Gentium

A

international law.
or
Law among Nations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Bona Vacantia

A

Goods that have no owner

a legal concept associated with property that has no owner.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Sine Die

A

(with reference to business or proceedings that have been adjourned) with no appointed date for resumption.

“The case was adjourned sine die”

Adjournment sine die means “without assigning a day for a further meeting or hearing”. To adjourn an assembly sine die is to adjourn it for an indefinite period.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Per incuriam

A

Mistaken Decision

through or characterized by a lack of due regard to the law or the facts.

“the decision was made per incuriam”

Per incuriam, literally translated as “through lack of care” is a device within the common law system of judicial precedent. A finding of per incuriam means that a previous court judgment has failed to pay attention to relevant statutory provision or precedents.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Lex Loci

A

Law of a place

the law of the country in which a transaction is performed, a tort is committed, or property is situated.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Malus animus

A

evil intention.

malus (bad) animus (heart)

It means the intention to do harm or the intention to commit an illegal or immoral act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Animus Posssidendi

A

animus (heart) possidendi (possessing)

intention to possess

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Caveat Venditor

A

Caveat (let) Venditor(seller)

Let the seller beware

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Caveat emptor

A

Caveat emptor (buyer)

let the buyer beware

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Turpis arbiter

A

Turpis (ugly, corrupt) arbiter (judge)

corrupt judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

In pari delicto

A

“in equal fault”,

a legal term used to refer to two persons or entities who are equally at fault, whether the malfeasance (wrongdoing, offense) in question is a crime or tort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Amicus curiae

A

Amicus (friend) curiae (court)

a friend of the court

DescriptionAn amicus curiae is someone who is not a party to a case and may or may not have been solicited by a party and who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case; and is typically presented in the form of a brief

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Ab initio

A

Ab (FROM) initio (BEGINING)

“from the beginning”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

obiter dicta

A

obiter (incidentally) dicta (called)

an incidental remark.+

a judge’s expression of opinion uttered in court or in a written judgment, but not essential to the decision and therefore not legally binding as a precedent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

audi alteram partem

A

audi (hear) alteram (other) partem

Giving opportunity to of hearing of the other side

it is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

pesona non grata

A

pesona (Person) non (not) grata (welcome)

Person is not acceptable

In diplomacy, a persona non grata is a foreign person entering or remaining in a particular country is prohibited by that country’s government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

De minimus non curat lex

A

De (about) minimus (smallest, trifles) non (not) curat (care) lex (law)

“The law does not concern itself with trifles”

a legal doctrine by which a court refuses to consider trifling matters.

Queen Christina of Sweden favoured the similar Latin adage,

aquila non capit muscās.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Ex officio

A

by virtue of previously held position

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Ultra vires

A

acting or done beyond one’s legal power or authority.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
inter Vivos
inter (among) vivos (living) among the living and dead Inter Vivos is a legal term referring to a transfer or gift made during one's lifetime, as opposed to a testamentary transfer under the subject of trust
26
Corpus juris
Corpus (body) juris (law) “body of law.” consists of the combination of all laws, cases and their various interpretations. Corpus juris was originally used by the Romans.
27
El dorado
an imaginary place ("The Golden King") the term used by the Spanish Empire to describe a mythical tribal chief of the Muisca people, an indigenous people of the Altiplano Cundiboyacense of Colombia, who, as an initiation rite, covered himself with gold dust and submerged in Lake Guatavita.
28
Quantum Ramifactus
the extent of damage suffered. For example, In civil cases, the Quantum Ramifactus is decided by the court.
29
corpus delicti
concrete evidence of a crime, such as a corpse. the facts and circumstances constituting a crime. Corpus delicti is a term from Western jurisprudence referring to the principle that a crime must be proved to have occurred before a person can be convicted of committing that crime. For example, a person cannot be tried for larceny unless it can be proven that property has been stolen
30
vis-a-vis
face to face
31
Carte blanche
complete authority complete freedom to act as one wishes.
32
Mala fide
in bad faith; with intent to deceive.
33
Tabula rasa
clean state In Locke's philosophy, tabula rasa was the theory that at birth the (human) mind is a "blank slate" without rules for processing data, and that data is added and rules for processing are formed solely by one's sensory experiences.
34
De jure
concerning law describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, de facto ("in fact") describes situations that exist in reality, even if not legally recognized.[
35
raison d'etre
the most important reason or the purpose for someone or something's existence.
36
lex est norma recti
lex (the law ) est (it is) norma (regimen) recti (right) law is a rule of right. It also means the law is the standard of uprightness.
37
de facto means
for all practical purposes
38
What is the term used for the principles laid down in a judgment?
Ratio decidendi a Latin phrase meaning "the reason" or "the rationale for the decision". The ratio decidendi is "the point in a case that determines the judgment"[1] or "the principle that the case establishes".[2]
39
A lawyer appointed by the court to represent the interests of a person unable to hire a lawyer for himself is known as
Amicus curiae
40
forma pauperis
a Latin legal term meaning "in the character or manner of a pauper". It refers to the ability of an indigent person to proceed in court without payment of the usual fees associated with a lawsuit or appeal.
41
doli incapax
deemed incapable of forming the intent to commit a crime or tort, especially by reason of age (under ten years old).
42
furious voluntas
used in inheritance law, which states that mentally impaired persons cannot sign a personal will
43
Lex Fori
the law of the country in which an action is brought.
44
The principle that agreements must be respected in good faith, is known as
Pacta sunt servanda Pacta (agreement) sunt (are, must) servanda (be kept,followed)
45
pactum de non petendo
pactum (agreement) de (about) non (not) petendo (asking for it) 'agreement not to sue. ' The phrase is used to refer to an agreement in which a creditor promises not to enforce the debt
46
Which maxims mean, " Where there is a right, there is a remedy"?
Ubi jus ibi remedium
47
Ratio decendi
the rule of law on which a judicial decision is based.
48
ex aquo et bono
"according to the right and good" or "from equity and conscience" it refers to the power of arbitrators to dispense with consideration of the law but consider solely what they consider to be fair and equitable in the case at hand.
49
alibi
else where a claim or piece of evidence that one was elsewhere when an act, typically a criminal one, is alleged to have taken place.
50
Bona fide
in good faith
51
vox populi
vox (voice) Populi "voice of the people" "the opinion of the majority of the people". In journalism, vox pop or person on the street refers to short interviews with members of the public.
52
res subjudice
'under judgment'. It denotes that a matter or case is being considered by court or judge. When two or more cases are filed between the same parties on the same subject matter, the competent court has the power to stay proceedings.
53
ipso facto
by that very fact or act. "the enemy of one's enemy may be ipso facto a friend"
54
intra vires
inside the powers," and it's often used to contrast something that's ultra vires, "outside the powers." Legally, an ultra vires action is anything that someone's not authorized to do
55
Ejusdem generis
Ejusdem (the same) generis (kind, race) of or as the same kind. A rule used in statutory interpretation that presumes that a general term following a list of specific terms will be limited to the more specific term — in other words, the general term will be defined to be “of the same kind” as the more specific preceding terms.
56
Uberrimae fides
Uberrimae (abundant) fides (faith) "utmost good faith" It is the name of a legal doctrine which governs insurance contracts. This means that all parties to an insurance contract must deal in good faith, making a full declaration of all material facts in the insurance proposal.
57
malfeasance
the wrongdoing
58
Lex talionis
Lex (Law) talionis (retailation, revenge) "An eye for an eye" the law of retaliation, whereby a punishment resembles the offense committed in kind and degree. "the lex talionis of feud violence and blood money" or the law of retaliation is the principle that a person who has injured another person is to be penalized to a similar degree, and the person inflicting such punishment should be the injured party
59
innuendo
indirect reference
60
Ex gratia
Payment made out generosity (with reference to payment) done from a sense of moral obligation rather than because of any legal requirement.
61
Per jure
to lie (perjury)
62
Subpoena
a writ ordering a person to attend a court. "a subpoena may be issued to compel their attendance"
63
fait accompli
a thing that has already happened or been decided before those affected hear about it, leaving them with no option but to accept it. accomplish fact "the results were presented to shareholders as a fait accompli"
64
Tour-de-force
a performance or achievement that has been accomplished or managed with great skill.
65
which term would best describe the term in quotes "adjourned indefinitely"
Sine die
66
Ad valorem
according to value in proportion to the estimated value of the goods or transaction concerned.
67
ad interim
in the meantime or | for an intervening or temporary period of time.
68
sine qua non
an essential condition; a thing that is absolutely necessary. "grammar and usage are the sine qua non of language teaching and learning" conditio sine qua non is an indispensable and essential action, condition, or ingredient. It was originally a Latin legal term for "[a condition] without which it could not be", or "but for..." or "without which [there is] nothing". "Sine qua non-causation" is the formal terminology for "but-for causation".
69
Which term means "the law of the country in which an action is brought."?
lex fori
70
Status quo
the existing state of affairs, especially regarding social or political issues. "they have a vested interest in maintaining the status quo"
71
volte-face
an act of turning round so as to face in the opposite direction. Volte-face is a total change of position, as in policy or opinion; an about-face. The expression comes from the French language. In the context of politics, a volte-face is, in modern English, often referred to as a U-turn or a flip-flop in the UK and the US respectively.
72
inter vivos
(especially of a gift as opposed to a legacy) between living people. "gifts made inter vivos" Inter vivos is a legal term referring to a transfer or gift made during one's lifetime, as opposed to a testamentary transfer under the subject of trust.
73
modus operandi
a particular way or method of doing something. "every killer has his own special modus operandi" A modus operandi is someone's habit of working, particularly in the context of a business or criminal investigations, but also more generally. It is a Latin phrase, approximately translated as the mode of operating.
74
Ex facie
"on the face [of it]," in the light of what is apparent a legal term typically used to note that a document's explicit terms are defective without further investigation.
75
Force majeure
superior power unforeseeable circumstances that prevent someone from fulfilling a contract.
76
mutatis mutandis
"having changed what needs to be changed" or "once the necessary changes have been made"
77
pro bono publico
for the public good Pro bono publico is a Latin phrase for professional work undertaken voluntarily and without payment. Unlike traditional volunteering, it uses the specific skills of professionals to provide services to those who are unable to afford them
78
tête-à-tête
a private conversation between two people.
79
coup d'état
abrupt change of govt by force A coup d'état is the forcible removal of an existing government from power through violent means. Whereas a coup does not specify the means taken by the revolting party to overthrow the state, a coup d'état is a revolt performed through violence.
80
in curia
in court, in open court
81
Interlocutory
(of a decree or judgment) given provisionally during the course of legal action.
82
Which term means "as if it were"?
quasi
83
Which term means "superior power" "unforeseeable circumstances that prevent someone from fulfilling a contract."
Force majeure
84
inter alia
among other things
85
Ex post facto
An ex post facto law is a law that retroactively changes with retrospective action or force. कार्योत्तर "ex post facto laws" the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law.
86
Sub judice
"under a judge", means that a particular case or matter is under trial or being considered by a judge or court. under judicial consideration and therefore prohibited from public discussion elsewhere.
87
________ means outside the power of law
Ultra vires
88
Videlicet
the more formal term for viz यानी " that is to say" The abbreviation viz. is short for the Latin videlicet, which itself is a contraction of the Latin phrase videre licet, meaning "it is permitted to see". It is used as a synonym for "namely", "that is to say", "to wit", "which is", or "as follows"
89
Ibidem
Ibid. is an abbreviation for the Latin word ibīdem, meaning "in the same place", commonly used in an endnote, footnote, bibliography citation, or scholarly reference to refer to the source cited in the preceding note or list item
90
Parliament has adjourned sine die means
the Parliament will meet again only when the speaker convenes it.
91
which term means "according to value" in proportion to the estimated value of the goods or transaction concerned."
Ad valorem
92
Nemo judex in causa sua (or nemo judex in sua causa)
"no-one is the judge in his own cause." It is a principle of natural justice that no person can judge a case in which they have an interest.
93
locus standi
the right or capacity to bring an action or to appear in a court.