- Information
- AI Chat
List of Latin legal terms
Constitutional law of Ghana and its history (FLAW306)
University of Ghana
Recommended for you
Preview text
List of Latin legal terms Term or phrase Literal translation Definition and use a fortiori from stronger An a fortiori argument is an from a stronger meaning that, because one fact is true, a second (related and included) fact must also be true. a mensa et thoro from table and bed Divorce a mensa et thoro indicates legal separation without legal divorce. a posteriori from later An argument derived from subsequent event. a priori from earlier An argument derived from previous event. a quo from which Regarding a court below in an appeal, either a court of first instance or an appellate court, known as the court a quo. ab extra from outside Concerning a case, a person may have received some funding from a 3rd Page 1 of 73 English pronunciation Term or phrase Literal translation Definition and use English pronunciation party. This funding may have been considered ab extra. from the beginning used referring to the time a contract, statute, marriage, or deed become legal. e The couple was covered ab initio her health absque hoc without this the negative portion of a plea when pleading at common way a special Actori incumbit onus probatio on the plaintiff rests the proving The burden of proof falls to the plaintiff, claimant, or petitioner according to Roman law. actus reus guilty act Part of what proves criminal liability (with mens rea). ad coelum to the sky ab initio Abbreviated from Cuius est solum eius est usque ad coelum et ad infernos which translates to whoever owns soil, is his all the way to Heaven and to Page 2 of 73 Term or phrase Literal translation Definition and use English pronunciation incapacitated adult. Used in tort law. Implies that the reward or penalty ought to correspond to the damage suffered or inflicted. ad quod damnum according to the harm ad valorem according to value adjournment sine die adjournment without a day When an assembly adjourns without setting a date for its next meeting. affidavit he has sworn A formal statement of fact. alter ego another I A second identity living within a person. amicus curiae friend of the court A person who offers information to a court regarding a case before it. animus contrahendi contractual intent Intention to contract. animus nocendi intention to harm The subjective state of mind of the author of a crime, with reference to the Page 4 of 73 Term or phrase Literal translation Definition and use English pronunciation exact knowledge of illegal content of his behaviour, and of its possible consequences. intention to possess order to claim possessory rights, an individual must establish physical control of the res and the intention to possess (i. animus animus revertendi intention to return animals, such as bees and homing pigeons, that habit go to their possessor. Used when discussing ferae ante before (in) arguendo for the sake of argument animus possidendi Audi alteram partem hear the other side bona fide in good faith Refers to the idea that one cannot be fairly judged unless the cases for and against them have been heard. Implies sincere good intention regardless Page 5 of 73 Term or phrase Literal translation Definition and use English pronunciation warning. Caveat emptor Let the buyer beware In addition to the general warning, also refers to a legal doctrine wherein a buyer could not get relief from a seller for defects present on property which rendered it unfit for use. Certiorari to be apprised A type of writ seeking judici al review. Ceteris paribus with other things the same More commonly rendered in English as other things being cogitationis poenam nemo patitur Nobody suffers punishment for mere intent communio bonorum community of property compensatio morae balance of delay The aggregate of marital property under a community property matrimonial regime. Delay in payment or performance on the part of both the debtor and the Page 7 of 73 Term or phrase Literal translation Definition and use English pronunciation creditor. compos mentis having command of mind Of sound mind. Also used in the negative compos meaning of sound Condicio sine qua non A condition without which it could not be An indispensable and essential action, condition, or ingredient. agreement to the same Meeting of the minds, mutual assent, or concurrence of wills. Parties must be of one mind and their promises must relate to the same subject or Also consen sus in idem. consensus makes the law Stipulates that when two or more persons arrive at a good faith agreement, the law will insist on that agreement being carried out. Custom is held as law Where no laws apply to a given situation, the customs of the place and time will have the force of law. consensus ad idem consensus facit legem consuetudo pro lege servatur Page 8 of 73 Term or phrase Literal translation Definition and use before one who is not a judge Refers to a legal proceeding without a judge, or with a judge who does not have proper jurisdiction. body of the crime A person cannot be convicted of a crime, unless it can be proven that the crime was even committed. body of law The complete collection of laws of a particular jurisdiction or court. corpus juris civilis body of civil law The complete collection of civil laws of a particular jurisdiction or court. Also sometimes used to refer to the Code of Justinian. corpus juris gentium body of the law of nations The complete collection of international law. coram non judice corpus delicti corpus juris corpus juris secundum An encyclopedia of US law drawn from US Federal and State court decisions. Page 10 of 73 English pronunciation Term or phrase Literal translation Definition and use crime of falsifying Forgery. cui bono as a benefit to whom? Suggests that the perpetrator(s) of a crime can often be found investigating those who would have benefited financially from the crime, even if it is not immediately obvious. cuius est solum eius est usque ad coelum et ad inferos For whoever owns the soil, it is theirs up to Heaven and down to Hell Used in reference to the rights of property owners to the air above, and land below, their property. de bonis asportatis Specifies that larceny was taking place in addition to carrying goods any other crime away named. E. de bonis debellatio warring down Complete annihilation of a warring party, bringing about the end of the conflict. de bonis non administratis of goods not administered crimen falsi Assets of an estate remaining after the death (or removal) of the designated Page 11 of 73 English pronunciation Term or phrase Literal translation Definition and use facto. de lege ferenda of the law as it should be Used in the context of the law should such as for proposed legislation. de lege lata of the law as it is Concerning the law as it exists, without consideration of how things should be. delegatus non potest delegare That which has been delegated cannot delegate de minimis about the smallest things Various legal areas concerning small amounts or small degrees. de minimis non curat lex The law does not concern itself with the smallest There must be a minimal level of substance or impact in order to bring a legal action. Of the dead, nothing unless good Social convention that it is inappropriate to speak ill of the recently deceased, even if they were an de mortuis nil nisi bonum Page 13 of 73 English pronunciation Term or phrase Literal translation Definition and use enemy. Often used in the context of de a new trial ordered when the previous one failed to reach a conclusion. de novo anew deorum injuriae diis curae Blasphemy is a The gods take crime against the care of injuries State, rather than to the gods against God. (thing) said A statement given some weight or consideration due to the respect given the person making it. incapable of guilt Presumption that young children or persons with diminished mental capacity cannot form the intent to commit a crime. dolus specialis Specific deceit Heavily used in the context of genocide in international law. domitae naturae tame nature dictum doli incapax Tame or domesticated animal. Also Page 14 of 73 English pronunciation Term or phrase Literal translation Definition and use asserts. proven guilty. ejusdem generis of the same class Known as a of it states that when a limited list of specific things also includes a more general class, that the scope of that more general class shall be limited to other items more like the specific items in the list. eo nomine that name erga omnes towards all ergo therefore erratum having been made in error et al. and others Abbreviation of et alii, meaning et cetera and other things Generally used in the sense of so and the following Abbreviation of et sequens, meaning dicit et seq. Refers to rights or obligations that are owed towards all. Page 16 of 73 English pronunciation Term or phrase Literal translation Definition and use things the following Used in citations to indicate that the cited portion extends to the pages following the cited page. and wife Usually used instead of naming a wife as a party in a case. and husband Usually used instead of naming a husband as a party in a case. of equity and good Usually defined as is right and Used to describe the power of a judge or arbiter to consider only what is fair and good for the specific case, and not necessarily what the law may require. In courts, usually only done if all parties agree. ex ante of before Essentially meaning the usually used when forecasting future events. ex cathedra from the chair et uxor et vir ex aequo et bono Where chair refers to authority or Page 17 of 73 English pronunciation Term or phrase Literal translation Definition and use of holding an office or position. ex parte from one party A decision reached, or case brought, or for one party without the other party being present. ex post from after Based on knowledge of the past. ex post facto from a thing done afterward Commonly said as the A retroactive law. E. a law that makes illegal an act that was not illegal when it was done. ex post facto law expressio unius est exclusio alterius The express mention of one thing excludes all others. When items are listed, anything not explicitly stated is assumed to not be included. ex proprio motu own motion Commonly spoken as own ex rel out of the narration the Abbreviation of ex relatione. Used when the government brings a Page 19 of 73 English pronunciation Term or phrase Literal translation Definition and use case that arises from the information conveyed to it a third party ex turpi causa non oritur actio From a dishonorable cause an action does not arise. A party cannot bring a legal action for consequences of his own illegal act. exempli gratia for the sake of example Usually abbreviated from then Term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. Cf. ex nunc. ex nunc from now on Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its adjudication. Cf. ex tunc. extant existing ex tunc Refers to things that are currently existing at a given point, rather than things that are no longer Page 20 of 73 English pronunciation
List of Latin legal terms
Course: Constitutional law of Ghana and its history (FLAW306)
University: University of Ghana
- Discover more from:
