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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
| Latin Terms | ||
| A | ||
| Ab extra | "from without" or "from outside." | Concerning a case, a person may have received some funding from a 3rd party. This funding may have been considered Ab extra. |
| Actio personalis moritur cum personâ | personal action dies with the person | Some legal causes of action can survive the death of the claimant or plaintiff, However, some actions are personal to the plaintiff, defamation of character being one notable example. Therefore, such an action, where it relates to the private character of the plaintiff, comes to an end on his death, |
| Actus Reus | GUILTY ACT | The offence of which the defendant is accused, sometimes called the external elements of a crime. |
| Ad Colligenda Bona | TO COLLECT THE
GOODS |
A temporary order for the administration of an estate of a deceased person used when the estate is of a perishable nature. In cases involving something quid pro quo, a prosecutor may be eligible for certain goods. Or, if specific items i.e. estate are unclaimable, the state would collect their goods. |
| Ad Hoc
|
FOR THIS PURPOSE
|
Ad Hoc decisions
are made as and when a situation demands:- Ad Hoc committees are
formed to address a particular issue - Ad Hoc meetings would take
place to discuss specific matters
|
| Ad Idem | OF SAME MIND | ie as one; agreed eg the parties are ad idem on this point |
| Ad Infinitum | WITHOUT LIMIT | Describes an event
apparently continuing without end
|
| Ad Litem | FOR THE SUIT. "for the lawsuit" or "for the proceeding". | Denotes a
temporary appointment which continues during legal proceedings ie
Guardian Ad Litem. This term is no longer used in the United Kingdom
since the passage of the Children Act 1989, which established the
role of children's guardian instead. |
| Ad quod damnum | "According to the harm" or "appropriate to the harm." | It is used in tort law as a measure of
damage inflicted, and implying a remedy, if one exists, ought to
correspond specifically and only to the damage suffered. |
| Adjournment sine die | "without day" | occurs when an organized body's existence terminates. A corporate board might adjourn sine die if the corporation were being sold, merged, or liquidated. |
| advocatione decimarum | is an ecclesiastical writ | |
| Amicus Curiae | A FRIEND OF THE COURT | A neutral party
who does not represent any individual party in the case who will be
asked by the Court to make representations from an independent
viewpoint |
| Amiterre legem terrae | "to lose the law of the land" | used in law, signifying the forfeiture
of the right of swearing in any court or cause, or to become
infamous. |
| Animus nocendi | animus, "mind" + gerund of noceo, "to harm" | the subjective state of mind of the
author of a crime, with reference to the exact knowledge of illegal
content of his behaviour, and of its possible consequences. |
| animus revertendi | "With intention to return" | originally created to protect the rights of livestock holders that had free ranging animals |
| Auctoritas | "authority". | referred to the general level of prestige a person had in Roman society. And, as a consequence, their clout, influence, and ability to rally support around one's will. |
| Audi alteram partem (or audiatur et altera pars) | hear the other side. hear both sides | It stands for the principle that no one should be condemned without a hearing in which they are given the opportunity to respond to the accusations against them. |
| Ante | BEFORE | An indication within text to refer to an earlier passage |
| Top | ||
| B | ||
| Beneficium inventarii | "benefit of the inventory" | is a legal doctrine introduced into Roman law to limit the heir’s liability resulting from an insolvent |
| Bona Fide | IN GOOD FAITH
|
A Bona Fide Agreement is one entered into genuinely without attempt to fraud |
| Bona Vacantia | Denotes the absence of any known person entitled to the estate of a deceased person | |
| Top | ||
| C | ||
| Caveat | BEWARE/TAKE CARE | An entry in the court records that effectively prevents action by another party without first notifying the party entering the Caveat |
| Compos Mentis | OF SOUND MIND | Legally fit to
conduct/defend proceedings |
| Cor (Coram) | IN THE PRESENCE OF | |
| Top | ||
| D | ||
| De Bonis Non Administratis | OF GOODS NOT
ADMINISTERED |
A person appointed
to administer an estate following the death of the original
administrator |
| De Facto -
|
IN FACT | "As a matter of
fact" |
| De Jure | BY RIGHT | |
| Doli Incapax | Incapable of crime | |
| Duces Tecum | BRING WITH YOU | Order to produce document to court |
| Top | ||
| E | ||
| Erratum | AN ERROR |
|
| Exempli Gratia (eg) | FOR EXAMPLE - |
Used when
qualifying a statement by explaining through a relevant example
|
| Ex Gratia | AS A MATTER OF FAVOUR | An Ex Gratia
payment would be awarded without the acceptance of any liability or
blame |
| Ex Officio | BY VIRTUE OF HIS OFFICE | A magistrate
sitting with a judge at the Crown Court would appear ex officio in a
case where no judicial function is to be exercised by the magistrate
eg case committed to Crown Court for sentence only
|
| Ex Parte | BY A PARTY | An ex parte
application is made to the Court during proceedings by one party in
the absence of another or without notifying the other party
|
| Ex Post Facto |
BY A SUBSEQUENT
ACT |
Something that
occurs after the event but having a retrospective effect
|
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| F | ||
| Fireman's rule | This rule, in jurisdictions which accept it, states that people who are employed as rescuers in a professional capacity -- fireman, coastguards, etc., -- have no action in negligence against people who create the danger they seek to alleviate. There is no fireman's rule in English law: a fireman who is injured while rescuing a person from a fire that was caused negligently can sue the person who caused the fire. | |
| Forum Conveniens | AT A CONVENIENT PLACE | A Court having
jurisdiction in a particular case |
| Functus Officio | HAVING DISCHARGED DUTY | A judicial or
official person prevented from taking a matter further because of
limitation by certain regulations
|
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| G | ||
| Top | ||
| H | ||
| Habeas Corpus |
PRODUCE THE BODY
|
A writ which
directs a person to produce someone held in custody before the court
|
| Top | ||
| I | ||
| Ibid | IN THE SAME PLACE
|
Used in text to
refer to a page previously mentioned
|
| Id Est (ie) - | THAT IS TO SAY | Used as a description to explain a statement |
| Ignorantia Juris non excusat - | IGNORANCE OF THE
LAW IS NO EXCUSE |
If committing an
offence a guilty party cannot use as a defence the fact that they did
so without knowledge that they were breaking the law
|
| In Camera |
IN THE CHAMBER
|
The hearing of a case in private without the facts being reported to the public |
| In Curia | IN OPEN COURT | The hearing of a case before a court sitting in public |
| In Personam | AGAINST THE PERSON | Proceedings issued against or with reference to a specific person - an admiralty action in personam would be issued against the owner of a ship |
| In Re | IN THE MATTER OF | A heading in legal documents which introduces the title of the proceedings |
| In Rem | AGAINST THE MATTER | Proceedings issued or directed against property as opposed to a specific person - an admiralty action in rem would be issued against the ship itself |
| Inter Alia | AMONG OTHER THINGS | Indicates that the details given are only an extract from the whole |
| In Situ | IN ITS ORIGINAL SITUATION | |
| Intra | WITHIN | |
| Intra Vires (See Ultra Vires) | WITHIN THE POWER OF | An act that falls
within the Jurisdiction of the Court
|
| Ipso Facto |
BY THE FACT | The reliance upon facts that together prove a point |
| Top | ||
| J | ||
| Top | ||
| K | ||
| Top | ||
| L | ||
| Locus in quo |
THE PLACE IN WHICH
|
during proceedings may be used as reference to subject matter ie scene of accident |
| Top | ||
| M | ||
| Mens Rea | GUILTY MIND | The intention to commit an offence whilst knowing it to be wrong |
| Mutatis Mutandis - |
THE NECESSARY CHANGES BEING MADE | Denotes that instructions should not be followed verbatim but by amending where necessary |
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| N | ||
| Non Compos Mentis |
NOT SOUND IN MIND
|
A person classed
as unfit to conduct/defend legal proceedings |
| Nota Bene (nb) | NOTE WELL | An abbreviation denoting that the reader of an article should make a particular note of the article mentioned. |
| Nulla Bona | NO EFFECTS | A return entered by a Sheriff to a High Court writ of execution which indicates the defendant had no goods of any value to remove |
| Top | ||
| O | ||
| Obiter Dictum | A SAYING BY THE WAY | Words said in
passing by a Judge on a legal point but not constituting part of the
evidence or judgment |
| Top | ||
| P | ||
| Per | AS STATED BY | |
| Per Capita | BY HEADS | eg the cost is £50 per capita - £50 each person |
| Per Pro (pp) | THROUGH ANOTHER
|
A person delegated to act for another |
| Per Se | BY ITSELF
|
Denoting that the topic should be taken alone |
| Post | AFTER | An indication to refer to something to be found further on |
| Prima Facie | FIRST SIGHT | Prima Facie
evidence would be considered sufficient to prove a case unless
disproved - if no Prima Facie evidence can be offered there is no case
to answer |
| Pro Forma | A MATTER OF FORM
|
Pro Forma
procedure is performed subject to and following an agreed manner
|
| Pro Rata | IN PROPORTION | Dividends distributed on a Pro Rata basis would be according to the amount of investment |
| Pro Tempore (Pro
Tem) |
FOR THE TIME BEING | Temporarily |
| Top | ||
| Q | ||
| Quasi | AS IF |
Almost, somewhat, to a degree (always used in combination with
another word). Quasi refers to things and actions which are not
exactly or fully what they might appear, but have to be treated
"as if" they were.
(standards adopt a quasi-legal status, that is, they have some authority in law but are not themselves binding ACOP's are often referred to in this way) Any person
exercising powers similar to those of a judge would be sitting in a
Quasi-Judicial capacity |
| Top | ||
| R | ||
| Ratio Decidendi | The principles of
law applied by a Court upon which a judicial decision is based |
|
| Res Judicata | A THING ADJUDGED | Once a case has been finally decided upon by a Court the same parties cannot attempt to raise the issue by or during further proceedings |
| Res Ipsa Loquitur | THE THING SPEAKS FOR ITSELF | An event that has occurred which, if the subject of litigation,
would not require an onus of proof by the plaintiff because of the
obvious negligence of the defendant (An expression used in tort to refer to situations where negligence is presumed on the defendant since the object causing injury was in his or her control. This is a presumption that can be rebutted by showing that the event was an inevitable accident and had nothing to do with the defendant's responsibility of control or supervision. An example of res ipsa loquitur would be being hit by a rock which flies off a passing lorry. The event itself imputes negligence (res ipsa loquitur) and can only be defeated if the defendant can show that the event was a total and inevitable accident.) |
| Top | ||
| S | ||
| Semble | IT APPEARS | |
| Sine Die | WITHOUT A DAY | A hearing
adjourned sine die stands open indefinitely without a further hearing
having been allocated |
| Sub Judice | IN THE COURSE OF TRIAL | Whilst a court case is under consideration. Proceedings are sub-Judice and details cannot be disclosed |
| Subpoena ad Testificum | TO PRODUCE EVIDENCE | A writ directed to a person commanding him/her, under a penalty, to appear before a Court and give evidence |
| Top | ||
| T | ||
| Top | ||
| U | ||
| Ultra Vires (See Intra Vires) | BEYOND THE POWER |
An act that falls outside or beyond the jurisdiction of the court |
| Top | ||
| V | ||
| Vicarious liability (vicarious responsibility) | Legal liability imposed on one person for torts or crimes committed by another (usually an employee but sometimes an *independent contractor or agent), | |
| Volenti non fit injuria |
[Latin: no wrong is
done to one who consents] The defence that the plaintiff consented to
the injury or (more usually) to the risk of being injured.
The principle of volenti non fit injuria, often truncated to `volenti', can be pleaded as a defence to an action in tort. The word `volenti' implies willingness or consent, and the defence implies that the claimant's injuries arose from actions that he entered into voluntarily. The requirements of the defence are interpreted quite strictly by the courts and, for policy reasons, there are circumstances where it cannot be used at all. An employer, for example, cannot use it to defend against an action in negligence by an employee. A person who goes to the rescue of a victim of the defendent's negligence is not `volenti', if the circumstances were such as to make a rescue attempt foreseeable. This latter restriction also applies to `professional rescuers': there is no Firemans Rule in English law. |
|
| vis major | 'greater force'; act of God; unavoidable accident. | |
| Videlicet (Viz) |
NAMELY | Used in text to indicate examples |
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| W | ||
| X | ||
| Y | ||
| Z | ||
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