latin words in legal

Latin Terms

List of latin terms

A
Actus Reus	Guilty act	The offence of which the defendant is accused
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
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	Denotes a temporary appointment which continues during legal proceedings ie Guardian Ad Litem
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
Ante	Before	An indication within text to refer to an earlier passage
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B
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
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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
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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
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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
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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H
Habeas Corpus	Produce the body	A writ which directs a person to produce someone held in custody before the court
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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
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L
Locus in quo	The place in which	during proceedings may be used as reference to subject matter ie scene of accident
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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
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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
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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
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Q
Quasi	As if	Any person exercising powers similar to those of a judge would be sitting in a Quasi-Judicial capacity
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R
Ratio Decidendi		The principles of law applied by a Court upon which a judicial decision is based
Res Judicata	A thing ajudged	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
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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
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U
Ultra Vires (See Intra Vires)	Beyond the power	An act that falls outside or beyond the jurisdiction of the court
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V
Videlicet (Viz)	Namely	Used in text to indicate examples