15-03-13

List of legal Latin terms

A number of Latin terms are used in legal terminology and legal maxims. This is a partial list of these "legal Latin" terms, which are wholly or substantially drawn from Latin. 

 
Term or phrase Literal translation Definition and use
a fortiori from stronger An a fortiori argument is an "argument from a stronger reason", meaning that because one fact is true, that a second related and included fact must also be true.
a posteriori from later An argument derived from subsequent event
a priori from earlier An argument derived from previous event
a quo previous Regarding a court of first instance, or the decision/s of a previous court, known as the court a quo.
ab extra from outside Concerning a case, a person may have received some funding from a 3rd party. This funding may have been considered ab extra.
ab initio from the beginning "Commonly used referring to the time a contract, statute, marriage, or deed become legal. e.g The couple was covered ab initio by her health policy.

absque hoc without this "Presenting the negative portion of a plea when pleading at common by way a special traverse."
actus reus guilty act Part of what proves criminal liability (with mens rea)
ad coelum to the sky 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 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.
ad colligenda bona to collect the goods
ad hoc for this Generally signifies a solution designed for a specific problem or task, non-generalizable, and not intended to be able to be adapted to other purposes.
ad hominem at the person Attacking an opponent's character rather than answering his argument.
ad idem to the same thing In agreement.
ad infinitum to infinity To continue forever.
ad litem for the case Describes a party designated to represent another party who is deemed incapable of representing him/herself (e.g. a child or incapacitated adult).
ad quod damnum according to the harm Used in tort law. Implies that the reward or penalty ought to correspond to the damage suffered or inflicted.
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.
a mensa et thoro from bed and table Divorce a mensa et thoro indicates legal separation without legal divorce.
amicus curiae friend of the court A person who offers information to a court regarding a case before it.
animus nocendi mind of harming 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 possidendi intention to possess "In order to claim possessory rights, an individual must establish physical control of the res and the intention to possess (i.e. animus possidendi)"
animus revertendi return to possessor "Wild animals, such as bees and homing pigeons, that by habit go 'home' to their posessor. Used when discussing ferae naturae."
ante before
arguendo for the sake of argument
Articulo Mortis at the point of Death Often used in probate law, as well as for testimony in the sense of a "dying declaration."
Audi alteram partem hear the other side Refers to the idea that one cannot be fairly judged unless the cases for and against them have been heard.






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