Latin Terms
Latin Terms
Latin Terms
fortiori argument is
an "argument from a
stronger reason",
meaning that,
a fortiori from stronger /ˌeɪ fɔːrtiˈoʊraɪ, ˌeɪ fɔːrʃiˈoʊraɪ/
because one fact is
true, a second
(related and
included) fact must
also be true.
Divorce a mensa et
a mensa et from table thoro indicates legal
/ˌeɪ ˈmɛnsə ɛt ˈθoʊroʊ/
thoro and bed separation without
legal divorce.
An argument
a posteriori from later derived from /ˌeɪ ˌpɒstiːrioʊraɪ/
subsequent event.
An argument
a priori from earlier derived from /ˌeɪ praɪoʊraɪ/
previous event.
Regarding a court
below in an appeal,
either a court of first
a quo from which instance or an /ˌeɪ ˈkwoʊ/
appellate court,
known as the
court a quo.
Concerning a case,
a person may have
received some
funding from a 3rd
ab extra from outside /ˌæb ˈɛkstrə/
party.
This funding may
have been
considered ab extra.
"Presenting the
negative portion of
a plea when
absque hoc without this
pleading at common
by way a special
traverse."[1]
Abbreviated
from Cuius est
solum eius est
usque ad coelum et
ad infernos which
translates to "[for]
whoever owns [the]
soil, [it] is his all the
ad coelum to the sky /ˌæd ˈsiːləm/
way [up] to Heaven
and [down] to Hell."
The principle that
the owner of a
parcel of land also
owns the air above
and the ground
below the parcel.
Generally signifies a
solution designed
for a specific
problem or task,
ad hoc for this non-generalizable, /ˌæd ˈhɒk/
and not intended to
be able to be
adapted to other
purposes.
to the same
ad idem In agreement. /ˌæd ˈaɪdəm/
thing
Describes those
designated to
represent parties
deemed incapable
ad litem for the case /ˌæd ˈlaɪtɛm/
of representing
themselves, such as
a child or
incapacitated adult.
Used in tort law.
Implies that the
ad quod according to reward or penalty
damnum the harm ought to correspond
to the damage
suffered or inflicted.
according to
ad valorem /ˌæd vəˈloʊrɛm/
value
When an assembly
adjournment adjournment adjourns without
/ˌsaɪni ˈdaɪi/
sine die without a day setting a date for its
next meeting.
A formal statement
affidavit he has sworn /ˌæfɪˈdeɪvɪt/
of fact.
A second identity
alter ego another I living within a
person.
animus contractual
Intention to contract.
contrahendi intent
“An antenuptial
agreement is a
contract between
ante before
two people that is
executed before
marriage.”
ownerless
bona vacantia
goods
Indicates that a
settlement to a
Cadit the question dispute or issue has
quaestio falls been reached, and
the issue is now
resolved.
In addition to the
general warning,
also refers to a legal
doctrine wherein a
Caveat Let the buyer buyer could not get
/ˈkæviæt ˈɛmptɔːr/
emptor beware relief from a seller
for defects present
on property which
rendered it unfit for
use.
A type
to be
Certiorari of writ seeking judici /ˌsɜːrʃiəˈreɪraɪ, ˌsɜːrʃiəˈreɪri/
apprised
al review.
More commonly
with other
Ceteris rendered in English
things the /ˌsɛtərɪs ˈpærɪbəs/
paribus as "All other things
same
being equal."
A condition An indispensable
condicio sine without which and essential action,
qua non it could not condition, or
be ingredient.
Meeting of the
minds, mutual
assent, or
concurrence of wills.
Parties must be of
consensus ad agreement to
one mind and their
idem the same
promises must
relate to the same
subject or
object[3] Also consen
sus in idem.
Used in case
citations to indicate
that the cited source
contra against
directly contradicts
the point being
made.
A contradiction
contradictio in contradiction
between parts of an
adjecto in itself
argument.
Refers to a legal
proceeding without
before one
coram non a judge, or with a
who is not a
judice judge who does not
judge
have proper
jurisdiction.
A person cannot be
convicted of a
body of the crime, unless it can
corpus delicti /ˈkɔːrpəs dɪˈlɪktaɪ/
crime be proven that the
crime was even
committed.
The complete
collection of laws of
corpus juris body of law /ˈkɔːrpəs ˈdʒuːrɪs/
a particular
jurisdiction or court.
The complete
collection of civil
laws of a particular
corpus juris body of civil
jurisdiction or court. /ˈkɔːrpəs ˈdʒuːrɪs sɪˈvaɪlɪs/
civilis law
Also sometimes
used to refer to the
Code of Justinian.
An encyclopedia of
US law drawn from
corpus juris
US Federal and
secundum
State court
decisions.
crime of
crimen falsi Forgery.
falsifying
Specifies that
larceny was taking
place in addition to
de bonis carrying
any other crime
asportatis goods away
named. E.g.
"trespass de bonis
asportatis".
Complete
annihilation of a
debellatio warring down warring party,
bringing about the
end of the conflict.
Assets of an estate
remaining after the
death (or removal)
of the designated
estate administrator.
de bonis non of goods not
An "administrator de
administratis administered
bonis non
administratis" will
then be appointed to
dispose of these
goods.
Generally refers to a
type of labor in
from day to which the worker is
de die in diem
day paid fully at the
completion of each
day's work.
concerning
de futuro At a future date.
the future
Social convention
that it is
Of the dead,
inappropriate to
de mortuis nil [speak]
speak ill of the
nisi bonum nothing
recently deceased,
unless good
even if they were an
enemy.
A statement given
some weight or
consideration due to
dictum (thing) said
the respect given
the person making
it.
Presumption that
young children or
persons with
incapable of
doli incapax diminished mental
guilt
capacity cannot
form the intent to
commit a crime.
Gift causa mortis;
"The donor,
contemplating
imminent death,
declares words of
present gifting and
delivers the gift to
the donee or
donatio mortis
deathbed gift someone who
causa
clearly takes
possession on
behalf of the donee.
The gift becomes
effective at death
but remains
revocable until that
time."[2]
dramatis persons of
personae the drama
A "subpoena duces
tecum" is a
bring with
duces tecum summons to
you
produce physical
evidence for a trial.
Known as a "canon
of construction", it
states that when a
limited list of specific
things also includes
a more general
ejusdem of the same
class, that the scope
generis class
of that more general
class shall be
limited to other
items more like the
specific items in the
list.
eo nomine by that name
Refers to rights or
erga omnes towards all obligations that are
owed towards all.
ergo therefore
having been
erratum
made in error
Abbreviation of et
et al. and others alii, meaning "and
others".
Generally used in
and other
et cetera the sense of "and so
things
forth".
Abbreviation of et
sequens, meaning
"and the following
and the ones". Used in
et seq. following citations to indicate
things that the cited portion
extends to the
pages following the
cited page.
Usually used
instead of naming a
et uxor and wife /ˌɛt ˈʌksɔːr/
man's wife as a
party in a case.
Usually used
instead of naming a
et vir and husband /ˌɛt ˈvɜːr/
woman's husband
as a party in a case.
Essentially meaning
"before the event",
ex ante of before usually used when /ˌɛks ˈænti/
forecasting future
events.
Where chair refers
to authority or
from the
ex cathedra position. Authority
chair
derived from one's
position.
Also known as
from what
"argument from
has been
ex concessis commitment", a type
conceded
of valid ad
already
hominem argument.
If a contract is
blatantly and
obviously incorrect
or illegal, it can be
ex facie on the face
considered void ex
facie without any
further analysis or
arguments.
good
ex fida bona business
norms
Something done
voluntarily and with
ex gratia by favor no expectation of a
legal liability arising
therefrom.
Something done or
from the realized by the fact
ex officio
office of holding an office
or position.
A decision reached,
or case brought, by
from [for] one
ex parte or for one party
party
without the other
party being present.
Based on
ex post from after knowledge of the
past.
from a thing
Commonly said as
ex post facto done
"after the fact."
afterward
A retroactive law.
E.g. a law that
ex post facto
makes illegal an act
law
that was not illegal
when it was done.
Commonly spoken
ex proprio by [one's]
as "by one's own
motu own motion
accord."
Term used in
contract law to
specify terms that
are voided or
ex tunc from then
confirmed in effect
from the execution
of the contract.
Cf. ex nunc.
Term used in
contract law to
specify terms that
are voided or
confirmed in effect
ex nunc from now on
only in the future
and not prior to the
contract, or its
adjudication. Cf. ex
tunc.
1. an assured
statement made; 2.
completion of a will
and all its parts to
factum deed make it valid and
legal; 3). book of
facts and law
presented in a
Canadian court.
A concept in treaty
law that prefers the
favor favor of the maintaining of a
contractus contract contract over letting
it expire for purely
procedural reasons.
A suicide. This
archaic term stems
from
English common
law, where suicide
felon of
felo de se was legally a felony,
himself
thus a person who
committed suicide
was treated as a
felon for purposes of
estate disposal.
Wild animals
residing on
unowned property
wild animals do not belong to any
ferae naturae
by nature party in a dispute on
the land. Opposite
of domitae
naturae (above).
A warrant issued by
Let it be
fiat a judge for some
done.
legal proceedings.
When determining
whether a chattel is
fortis
strong a fixture: "size
attachiamentu
attachment, doesn't matter, how
m, validior
the stronger much or degree
praesumption
presumption chattel is attached
em
to 'land' and to
'what' "
A concept wherein a
court refuses to
hear a particular
forum non disagreeable
matter, citing a more /ˈfoʊrəm nɒn kənˈviːniɛnz/
conveniens forum
appropriate forum
for the issue to be
decided.
Refers to having a
fumus boni smoke of a
sufficient legal basis
iuris good right
to bring legal action.
A person, court,
statute, or legal
having document that has
functus officio performed no legal authority,
his office because its original
legal purpose has
been fulfilled.
An independent
party appointed
in family
law disputes to
represent parties
guardian ad guardian for
that cannot
litem the case
represent
themselves, such as
minors,
developmentally
disabled, or elderly.
A writ used to
challenge the
legality of detention.
Orders the detaining
May you
habeas party to "have the
have the /ˈheɪbiəs ˈkɔːrpəs/
corpus (living) body" of the
body.
detained brought
before the court
where the detention
will be investigated.
A party considered
hostis humani enemy of the to be the enemy of
generis human race all nations, such as
maritime pirates.
An authorization for
a document to be
printed. Used in the
Let it be
imprimatur context of approval
printed.
by a religious body
or other censoring
authority.
A legal proceeding
conducted without
the presence of one
party is said to be
conducted in
in absentia in absence
absentia,
e.g., trial in
absentia or being
sentenced in
absentia.
Often used
at the in probate law, as
in articulo
moment of well as for testimony
mortis
death in the sense of
a dying declaration.
Conducted in
in the private, or in secret.
in camera
chamber The opposite of in
open court.
Conducted in open
in curia in court court. The opposite
of in camera.
Actually existing in
in esse in existence reality. Opposite
of in posse.
In extended form, or
at full length. Often
used to refer to
publication of
in the
in extenso documents, where it
extended
means the full
unabridged
document is
published.
In extreme
circumstances.
in the
in extremis Often used to refer
extreme
to "at the point of
death."
Refers to things to
come, or things that
may occur later but
are not so now. As
in futuro in the future in in futuro debts, /ɪn fjuːˈtjuːroʊ/
i.e. debts which
become due and
payable in the
future.
Used when
including text in a
complaint verbatim,
where its
in these
in haec verba appearance in that
words
form is germane to
the case, or is
required to be
included.
A motion to a judge
in a case that is
at the heard and
in limine
threshold considered outside
the presence of the
jury.
Used to refer to a
person or entity
assuming the
normal parental
responsibilities for a
minor. This can be
in loco in the place used in transfers of
/ɪn ˌloʊkoʊ pəˈrɛntɪs/
parentis of a parent legal guardianship,
or in the case of
schools or other
institutions that act
in the place of the
parents on a day-to-
day basis.
Refers to a situation
where a law or
statute may be
ambiguous, and
in the same
in pari materia similar laws
matter
applying to the
matter are used to
interpret the vague
one.
in pleno in full
A clause in a will
that threatens any
in clause "in party who contests
terrorem claus order to the will with being
e frighten" disinherited. Also
called a no-contest
clause.
Often used in
copyright notices.
Refers to distinctive
indicia indications
markings that
identify a piece of
intellectual property.
below or
infra
under
An intimation about
someone or
something, made
indirectly or vaguely
suggesting the thing
innuendo by nodding
being implied. Often
used when the
implied thing is
negative or
derogatory.
Used to indicate an
item cited has been
among
inter alia pulled from a larger /ˌɪntər ˈeɪliə/
others
or more complete
list.
Refers to obligations
between members
of the same group
amongst or party,
inter se
themselves differentiated from
the whole party's
obligations to
another party.
Refers to a gift or
other non-sale
transfer between
between the living parties. This is
inter vivos /ˌɪntər ˈvaɪvɒs/
living in contrast to a will,
where the transfer
takes effect upon
one party's death.
intra within
Used in various
contexts to refer to
intra legem within the law
the legal foundation
for a thing.
Something done
which requires legal
within the authority, and the
intra vires
powers act is performed
accordingly.
Cf. ultra vires.
An assertion given
undue weight solely
He himself
ipse dixit by virtue of the /ˈɪpsi ˈdɪksɪt/
said it.
person making the
assertion.
Referring to a
ipsissima the very document or ruling
verba words that is being quoted
by another.
Refers to legalities
considered before
entering into a war,
to ensure it is legal
to go to war initially.
jus ad bellum laws to war Not to be confused
with ius in
bello (q.v.), the
"laws of war"
concerning how war
is carried out.
A codified set of
laws concerning
jus civile civil law citizenry, and how
the laws apply to
them.
Internationally
agreed laws that
bear no deviation,
and do not require
compelling
jus cogens treaties to be in
law
effect. An example
is law
prohibiting genocide
.
Customary
law followed by all
nations. Nations
being at peace with
law of one another, without
jus gentium
nations having to have an
actual peace treaty
in force, would be
an example of this
concept.
Supposed right of
the lord of an estate
jus primae right of the to take the virginity
noctis first night of women in his
estate on their
wedding night.
Arguments made by
a third party in
disputes over
possession, the
law of the intent of which is to
jus tertii
third question one of the
principal parties'
claims of ownership
or rights to
ownership.
An aspect of
a unanimous
voting system,
liberum veto free veto whereby any
member can end
discussion on a
proposed law.
Refers to requesting
a legal dispute be
heard that is also
being heard by
lawsuit
lis alibi another court. To
elsewhere
pendens avoid possibly
pending
contradictory
judgements, this
request will not be
granted.
locus place
Shorthand version
of Lex locus delcti
place of the
locus delicti commissi. The
crime
"scene of the
crime".
A condition of being
fraudulent or
mala fide (in) bad faith
deceptive in act or
belief.
Something
considered a
wrong in universal wrong or
malum in se
itself evil, regardless of
the system of laws
in effect.
Something wrong or
illegal by virtue of it
malum prohibited being expressly
prohibitum wrong prohibited, that
might not otherwise
be so.
A writ issue by a
higher court to a
lower one, ordering
that court or related
officials to perform
mandamus we command some administrative /mænˈdeɪməs/
duty. Often used in
the context of legal
oversight of
government
agencies.
A body of water
under the
jurisdiction of a state
mare clausum closed sea or nation, to which /ˈmeɪri ˈklɔːzəm/
access is not
permitted, or is
tightly regulated.
One of the
requirements for a
crime to be
committed, the other
being actus reus,
the guilt act. This
mens rea guilty mind essentially is the /ˈmɛns ˈriːə/
basis for the notion
that those without
sufficient mental
capability cannot be
judged guilty of a
crime.
A person's particular
way of doing things.
Used when
modus manner of using behavioral /ˈmoʊdəs ɒpəˈrændaɪ, ˈmoʊdəs ɒpə
operandi operation analysis while ˈrændi/
investigating a
crime. Often
abbreviated "M.O."
Motions offered at
the start of a trial,
motion in motion at the often to suppress or
limine start pre-allow certain
evidence or
testimony.
Shortened version
of ne exeat
repiblica: "let him
not exit the
let him not
republic". A writ to
ne exeat exit [the /ˈniː ˈɛksiæt/
prevent one party to
republic]
a dispute from
leaving (or being
taken) from the
court's jurisdiction.
It is a principle
"no-one
of double
Nemo debet should be
jeopardy (autrefois
bis vexari (pro tried twice (in
acquit) where a
una et eadem respect to
person should not
causa) the same
be tried twice on the
matter)"
same matter.
It is a principle of
"no-one
natural justice that
Nemo iudex should be a
no person can judge
in causa sua judge in his
a case in which they
own case."
have an interest.
A judgement
rendered in the
absence of a plea,
He says
nihil dicit or in the event one
nothing.
party refuses to
cooperate in the
proceedings.
A statement from
the prosecution that
they are voluntarily
not to
nolle prosequi discontinuing (or will /ˈnɒli ˈprɒsɪkwaɪ/
prosecute
not initiate)
prosecution of a
matter.
A type of plea
whereby the
defendant neither
nolo I do not wish admits nor denies
/ˈnoʊloʊ kɒnˈtɛndɪri/
contendere to dispute the charge.
Commonly
interpreted as "No
contest."
not in
Not having mental
non compos possession
capacity to perform
mentis of [one's]
some legal act
mind
A method whereby
a signatory to a
contract can
invalidate it by
showing that his
non est It is not [my]
signature to the
factum deed.
contract was made
unintentionally or
without full
understanding of the
implications.
Reported by a
sheriff on writ when
non est He is not the defendant
inventus found. cannot be found in
his county or
jurisdiction.
A type of verdict
where positive guilt
or innocence cannot
non liquet It is not clear. be determined. Also
called "not proven"
in legal systems
with such verdicts.
A circumstance
where the judge
non obstante notwithstandi may override the
verdicto ng the verdict jury verdict and
reverse or modify
the decision.
A break in causation
(and therefore
a new action probably liability)
novus actus
coming because something
interveniens
between else has happened
to remove the
causal link.
An ambiguous word
or term can be
clarified by
considering the
noscitur a It is known
whole context in
sociis by friends.
which it is used,
without having to
define the term
itself.
A term used to
direct the reader to
cautionary or
nota bene note well
qualifying
statements for the
main text.
An unenforceable
promise, due to the
nudum naked absence
pactum promise of consideration or
value exchanged for
the promise.
Notation made
when a defendant
has no tangible
nulla bona no goods property available to
be seized in order to
comply with a
judgement.
An action by a court
to correct a previous
nunc pro tunc now for then
procedural or
clerical error.
Used to say
'contrary to the
opinion of.' It is a
polite way of
pace with peace /ˈpɑːtʃeɪ/
marking a speaker's
disagreement with
someone or some
body of thought.
A decision delivered
by a multi-judge
panel, such as an
appellate court, in
which the decision
is said to be
through the
per curiam authored by the /ˌpɜːr ˈkjuːriæm/
court
court itself, instead
of situations where
those individual
judges supporting
the decision are
named.
A judgement given
by their
per incuriam without reference to
neglect
precedent.
Used as a defense,
through when illegal acts
per minas
threats were performed
under duress.
Employed when an
adult brings suit on
by or through behalf of a minor,
per proxima
the next who was unable to
amici
friend maintain an action
on his own behalf at
common law.
An estate of a
decedent is
distributed per
stirpes, if each
per stirpes by branch
branch of the family
is to receive an
equal share of an
estate.
A condition given to
support requests for
periculum in danger in
urgent action, such
mora delay
as a protective order
or restraining order.
A person who is
officially considered
unwelcome by a
host country in
persona non unwelcome which they are /pərˈsoʊnə nɒn ˈɡrɑːtə, pərˈsoʊnə nɒn ˈ
grata person residing in a ɡreɪtə/
diplomatic capacity.
The person is
typically expelled to
their home country.
A body of armed
citizens pressed into
posse power of the service by legal
/ˈpɒsi ˌkɒmɪˈteɪtəs/
comitatus county authority, to keep
the peace or pursue
a fugitive.
Refers to
an autopsy, or as a
post mortem after death qualification as to
when some event
occurred.
A matter that
appears to be
prima facie at first face sufficiently based in /ˈpraɪmə ˈfeɪʃii/
the evidence as to
be considered true.
Professional work
pro bono for good /ˈproʊ ˈboʊnoʊ/
done for free.
Refers to a lawyer
who is allowed to
participate (only) in
a specific case,
pro hac vice for this turn
despite being in a
jurisdiction in which
he has not been
generally admitted.
abbreviation
Representing
of propria
oneself, without
persona,
pro per counsel. Also known
meaning
as pro
"one's own
se representation.
person"
Representing
oneself, without
pro se for himself counsel. Also known /ˌproʊ ˈsiː, ˌproʊ ˈseɪ/
as pro
per representation.
A partial payment of
an award or claim,
pro tanto for so much based on the
defendant's ability to
pay.
abbreviation
of pro
Something, such as
tempore,
pro tem an office held, that
meaning "for
is temporary.
the time
being"
Something, such as
for the time
pro tempore an office held, that
being
is temporary.
Refers to one
representing
themselves without
propria proper
the services of a
persona person
lawyer. Also known
as pro
per representation.
In contract law, a
quasi-contractual
remedy that permits
partial reasonable
payment for an
incomplete piece of
work (services
and/or materials),
assessed
proportionately,
where no price is
established when
the request is made.
[3]
as much as it
deserves; as In contract law, and
quantum
much as she in particular the
meruit
or he has requirement for
earned[3] consideration, if no
fixed price is agreed
upon for the service
and/or materials,
then one party
would request a
reasonable price for
the said services
and/or materials at
the end of the job. A
common example
would be a plumber
requested to fix a
leak in the middle of
the night.[3]
Civil law[edit]
Liter
Term
al Engli
or
trans Definition and use sh
phra
latio pron
se
n
ad
by the itemized, e.g. sale ad quantitatem = item sale (e.g. 100 carp,
quantita
quantity 10,000 lbs. of sugar, 10 casks of corn) (vs. per aversionem)
tem
heredita
aditio
ry Entering into the inheritance, i.e. vesting of the inheritance in an
heredita
approac heir or will beneficiary. See delatio hereditatis.
tis
h
cautio guarant
de ee to Security or guarantee that heirs must provide in a case where an
restitue reinstat absent person's estate is divided among them (insurance law)
ndo e
Parties: Types:
cessio yielding
cedens ‘cedent’ (= assignor) cessio in anticipando
cessionarius ‘cessionary, cessionee’ cessio in securitatem debiti
(= assignee) performance of another debt (the secured debt)
debitor cessus ‘third-party obligor’
bringing
collatio
together
bonoru Hotchpot. Also called collatio inter liberos (Scots law).
of
m
goods
(vs. accessio, specificatio)
nship
curandus - ward
curator - guardian (see below)
Guardian under a curatorship (cura). Types are:
guardia
curator curator ad litem - guardian ad litem
n
curator bonis - guardian of the property
curator personae - guardian of the person
damnu
m emerge
Loss actually incurred because of a contractual breach
emerge nt loss
ns
damnu damage
m et and
Tortious damages, damages in tort
interess interest
e s
data certain Fixed effective date of a contract, i.e. one that cannot be ante- or
certa date post-dated
giving in Species of accord and satisfaction by transfer or assignment of
datio in
paymen property in lieu of money; kind of in-kind payment, as opposed to
solutum
t a money payment
(s)he
de
for The deceased, decedent. Short for de cujus successione agitur.
cujus
whom...
heredita
delatio
ry
heredita Falling open of succession. See aditio hereditatis.
transfer
tis
ral
domicile
domicili
for
um
summo
citandi
ning Address for service or notices (e.g. for contractual purposes).
et
and
executa
carrying
ndi
out
plural,
dominiu
joint
m
and
plurium Joint tenancy.
several
in
owners
solidum
hip
dominiu unpartiti Tenancy in common. Also known as communio pro partibus
m pro oned indivisis.
Liter
Term
al Engli
or
trans Definition and use sh
phra
latio pron
se
n
and
parte undivid
pro ed
indiviso owners
hip
master
dominu
of the Litigant, the client in a lawsuit, as opposed to the lawyer.
s litis
case
error in
error in
judgme
iudican Error of fact and reasoning (vs. error in procedendo)
nt (in
do
court)
procedu
error in
ral error
procede Error on a point of law or procedure (vs. error in iudicando)
(in
ndo
court)
busines Express or implied contractual terms that are required either by
essenta
s law or by the contract's subject matter. One of three types of
lia
essenti contractual terms, the others being accidentialia
negotii
als negotii and naturalia negotii.
ex
interval
o Not all at once, in parts (vs. uno contextu).
tempori
s
ex with
propriis one's Used for firsthand testimony, e.g. testimony ex propriis
sensibu own sensibus (vs. per relationem).
s senses
falsus
fake
procura Agent de son tort, officious agent
agent
tor
Testamentary trust; a form of substitution (called ‘fideicommissary
substitution’) in which a will beneficiary is instructed in the will to
transfer the testamentary gift in whole or part to a third party.
A fideicommissum is created either expressly in a will or impliedly
entrusti through a si sine liberis decesserit clause or through a prohibition
fideico ng to (a against alienation in the will.[4]
mmissu person'
m s) good Parties: Types:
faith.
fideicommittens ‘grantor’ (= testator)
fiduciarius ‘fiduciary’ (= trustee)
fideicommissarius ‘fideicommissary’ (= beneficiary)
fideiussi Suretyship.
Liter
Term
al Engli
or
trans Definition and use sh
phra
latio pron
se
n
o
fructus Emblements; in property law, a co-owner profiting from her or
industri
industri his fructus industriales is solely responsible for any losses that
al fruits
ales my occur.[2] (vs. fructus naturales, see below).
fructus
natural Vegetation naturally growing from old roots (as pasturage) or
naturale
fruits from trees (as timber or fruit) (vs. fructus industriales, see above).
s
heredita lying
s inherita Estate of inheritance before vesting in heirs
iacens nce
Heir. Plural heredes. Types:
mandatarius ‘agent’
mandator ‘principal’
monstru
monster Child born with severe deformities. Plural monstra.
m
delay of
mora
the one Delay in payment or performance in the part of the creditor or
accipie
receivin obligor. Also known as mora creditoris.
ndi
g
Delay in payment or performance in the part of the debtor or the
obligee. Also known as mora debitoris. 2 forms:
mora delay of
solvend the one
mora solvendi ex re - delay in giving or delivering a thing;
i paying
mora solvendi ex personae - delay in obligations to do or
perform personal service.
naturali busines Express or implied contractual terms that go to the root of a
a s contract's subject matter. One of three types of contractual terms,
negotii naturals the others being accidentialia negotii and essentalia negotii.
Without
force,
nec vi,
without
nec
secrecy Peacefully, openly, and with the intention to acquire ownership;
clam,
, applies to acquisitive prescription
nec
without
precario
permiss
ion
Quasi-contractual obligation arising from good works affecting
negotior manage
other people, obliging the benefited party (dominus negotii) to
um ment of
reimburse the gestor for the cost that was used in doing good
gestio affairs
works.
not
[nɔnbi
non bis twice in Prohibition against double jeopardy. A legal action cannot be
sinidɛ
in idem the brought twice for the same act or offense.
m]
same
novum new Appeal by way of hearing de novo, i.e. the case is retried with no
iudiciu judgme restrictions of scope: errors of law are reviewed and new findings
m nt of fact are made. (vs. revisio prioris instantiae)
If a testator places a prohibition on a testamentary gift but fails to
nudum say what should happen to the gift if the prohibition is
naked
praecep contravened, the prohibition is said to be ‘nude’, i.e. a nudum
precept
tum praeceptum. In other words, the prohibition is of no effect, and
the beneficiary will take the gift free from any restrictions.
pactum agreem Prior contract aimed at concluding another contract, known as the
de ent to parent or principal contract. Includes binders (in real estate
Liter
Term
al Engli
or
trans Definition and use sh
phra
latio pron
se
n
contrah
contract sales), such as a purchase offer or an option to sell.
endo
pactum agreem
de non ent to
Anti-assignment clause
cedend not
o yield
pactum
de non
agreem
petendo
ent to Agreement in which one party agrees not to sue the other.
(in
not sue
anticipa
ndo)
pactum agreem
de ent to
Contract of sale with right of repurchase
retrove sell
ndendo back
Bilateral contract concerning succession, usually made between
a potential testator (future decedent) and his/her heir.
Plural pacta successoria. The most common forms are:
inherita
pactum pactum renunciativum (aka pactum de non succedendo)
nce
success - disclaimer of interest
agreem
orium
ent pactum acquisitivum (aka pactum conservandae
successionis) - deed of variation
pactum de hereditate tertii viventis - family settlement
agreement.
The three major rights in the bundle of rights making up
pars owners
ownership, i.e. usus (aka ius utendi), fructus (aka ius fruendi),
dominii hip part
and abusus (aka ius abutendi).
The head of household, for purposes of considering the rights
and responsibilities thereof. (Civil law) bonus paterfamilias: a
standard of care equivalent to the common law
father of ordinary reasonable man. Other degrees of care are:
paterfa
the
milias
family diligens paterfamilias - higher standard of care, greater
diligence;
diligentissimus paterfamilias - highest standard of care,
utmost diligence.
penitus
outside Incidental beneficiary or any outside party to a third-party contract
extrane
penitent (see stipulatio alteri). Plural penitus extranei.
us
per by (1) description, whereby the surrounding property is used to
aversio turning provide the legal description of the boundaries of the property; (2)
nem away sale per aversionem = bulk sale (a flock of sheep for $100 - the
Liter
Term
al Engli
or
trans Definition and use sh
phra
latio pron
se
n
praediu
estate praedium dominans - dominant estate (aka dominant
m
tenement)
praedium serviens - servient estate (aka servient
tenement)
previou
praeem s
Right of first refusal
ptio purchas
e
Legal presumption. Types:
praesu presum
praesumptio iuris tantum - rebuttable presumption
mptio ption
praesumptio iuris et de iure - irrebuttable or conclusive
presumption
praesu
mptio
Presumption of innocence
innocen
tiae
praesu presum
mptio ption of
veritatis truth Presumption of regularity, which attaches to public instruments
et and admissible to prove the truth of their contents.
solemni solemni
tatis ty
pretium
pro price for
Solatium.
doloribu pain
s
prior earlier (Scots law, civil law), usually translated as "prior in time, superior
tempor in time, in right", the principle that someone who registers (a security
Liter
Term
al Engli
or
trans Definition and use sh
phra
latio pron
se
n
e potior stronger
interest) earlier therefore ranks higher than other creditors.
iure in law
Evidence (admissible in a court of law), especially documentary
evidence. Types:
usufruct
use-fruit nudus dominus ‘bare owner’ (= remainderman,
us
reversioner)
usufructuarius ‘usufructuary’ (= life tenant)
via Non-judicial foreclosure under a power of sale clause in a
executo
executo mortgage; more broadly, any non-judicial remedy empowered
rial way
ria under a contractual clause or some other instrument
way of
via iure Using the courts and the justice system (opposite of self-help)
law
the
vinculu A legal bond, especially the bond tying obligor and obligee in a
chain of
m iuris legal obligation
the law
Force majeure arising from an act of God, i.e. events over which
vis superior
no humans have control, and so cannot be held responsible.
maior force
Compare casus fortuitus (see above).
vitium
vice in
in Vitiating factor in the formation of a contract,
contract
contrah e.g. mistake, misrepresentation, and duress.
ing
endo
voluntat
is
Declaration of will
declarat
io
Nemo debet esse judex in propria causa – Nobody can be judge in his own
case
321 Manohar and Sarita Prabhakar Great Indian and Their Landmark Speeches