Words & Phrases of Foreign Origins Flashcards
(93 cards)
Autrefois Convict
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.
Lis Pendens
a pending legal action, or a formal notice of one.
Faux pas
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”
Punctum Temporis
Lat. A point of time;
an indivisible period of time;
the shortest space of time;
an instant Calvin
Pari passu
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”.
Jus Gentium
international law.
or
Law among Nations
Bona Vacantia
Goods that have no owner
a legal concept associated with property that has no owner.
Sine Die
(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.
Per incuriam
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.
Lex Loci
Law of a place
the law of the country in which a transaction is performed, a tort is committed, or property is situated.
Malus animus
evil intention.
malus (bad) animus (heart)
It means the intention to do harm or the intention to commit an illegal or immoral act.
Animus Posssidendi
animus (heart) possidendi (possessing)
intention to possess
Caveat Venditor
Caveat (let) Venditor(seller)
Let the seller beware
Caveat emptor
Caveat emptor (buyer)
let the buyer beware
Turpis arbiter
Turpis (ugly, corrupt) arbiter (judge)
corrupt judge
In pari delicto
“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
Amicus curiae
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
Ab initio
Ab (FROM) initio (BEGINING)
“from the beginning”
obiter dicta
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.
audi alteram partem
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.
pesona non grata
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.
De minimus non curat lex
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.
Ex officio
by virtue of previously held position
Ultra vires
acting or done beyond one’s legal power or authority.