Ell (Latin Terminology)

De facto:
“In fact or in reality”- for example:

De facto authority: Authority that exits in reality.
De facto government: A government that sets
itself up in place of legal government, often by
use of force.
De facto judge: Someone who performs the
duties of a judge but who does not have
legitimate judicial authority.
De facto marriage: A union of two parties who
live together as husband and wife but in which
the legality of the marriage is in some way
defective.
De facto:
“In fact”- existing as a matter of fact rather than of
right.
De jure:
“Of law”; “Legally”; “Rightfully”- As a matter of
legal right; by right;
The condition of being in compliance with all
applicable laws; legitimate and lawful.
Chatgpt: "De facto" is a Latin term that translates to "in fact" or "in
reality." In law, it refers to something that exists or is done in
practice, regardless of whether it is officially recognized or legally
sanctioned.
For example, if a person has been acting as the manager of a

company for years, even though they were never officially
appointed to the position, they may be considered the de facto
manager because they perform the duties associated with that role.
In legal contexts, the term "de facto" often contrasts with "de jure,"
which means "by law" or "legally." Something that is "de jure" is
officially recognized or sanctioned by law, while something that is
"de facto" may not be explicitly recognized by law but exists in
practice.
De novo:
“Anew”- Usually used in the context of “trial de
novo”- a new trial ordered when the previous one
failed to reach a conclusion.
Chatgpt: "De novo" is another Latin term used in legal contexts. It translates to "from the
beginning" or "anew." In law, "de novo" refers to a standard of review or a type of trial.
When a court hears a case "de novo," it means that the court is reviewing the case as if it were
being heard for the first time, without giving any deference to previous decisions or rulings. This
typically occurs on appeal or in certain administrative proceedings where the reviewing body has
the authority to reexamine the entire case independently.
For example, if a lower court's decision is appealed and the higher court decides to review the
case "de novo," it will consider all the evidence and legal arguments as if no decision had been
made before. This allows the higher court to make its own judgment based solely on the
evidence and arguments presented to it, rather than being bound by the lower court's decision.
In summary, "de novo" in law refers to a fresh examination of a case or issue without deference
to previous decisions.
Dictum:
“a saying”-An observation by a judge with respect
to a point of law arising in a case before him.
Doli incapax:
“Incapable of committing wrong”-A child under the
age of 10 is deemed doli incapax i.e. incapable of
committing any crime.
Donatio inter vivos:

“A donation among the living”
Donatio mortis causa:

“A donation due to death”
Ex gratia:
“Done as a matter of favor”-An ex gratia payment
is one not required to be made by a legal duty.
Ex officio:
“By virtue of holding an office”-The Chief Justice is
ex officio a member of the court of Appeal.
Ex parte:
“On the part of the one side only”-
Ex parte decree: A decree passed against a
defendant in absentia.
Ex parte hearing: A judicial hearing held for the
benefit of one party only, without notice to or
attendance by an adverse party.
Ex parte injunction: An injunction issued by a
court after hearing only the party requesting it.
Ex parte divorce: A divorce proceeding in which
only one spouse attends or participates.
Ex post facto:
‘In the light of subsequent events’- Describing any
legal act, such as a statute, that has retrospective
effect (it affects past acts as well as future ones).
Guardian ad litem:
“Person appointed by court to represent the
interests of a minor or incompetent person in a
legal proceeding.”
In curia:
“In open court”.
In personam:
“Against the person”
In rem:
“Against the people”
Inter vivos:
“Between the living”; or “From one person to
another”.
Ipse dixit:
“He himself said it.” An unsupported statement
that rests solely on the authority of the individual
who makes it.

Ell (Latin Terminology)

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Ell (Latin Terminology)

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De facto:

“In fact or in reality”- for example:

For example, if a person has been acting as the manager of a

Donatio inter vivos:

Donatio mortis causa:

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