Generally used in International Law, which is less comprehensive than most domestic legal systems. To be an educated citizen and consumer, you need to know what these terms mean. A calculation adjusted based on a proportional value relevant to the calculation. Incidental beneficiary or any outside party to a third-party contract (see, (1) description, whereby the surrounding property is used to provide the legal description of the boundaries of the property; (2) sale, Pledge, i.e. Refers to rights or obligations that are owed. Compare. Meeting of the minds, mutual assent, or concurrence of wills. Article by listed attorney: Fawzia Khan. One (as an individual or organization) that is not a party to a specific lawsuit but is allowed to advise the court regarding a point of law or fact directly concerning the lawsuit. "; this question was asked to church officials by secular courts when an accused defendant claimed a jurisdictional exemption under. 1. a posteriori (from the … Also known as a, Prospective damages or loss of profits that would, because of the contractual breach, have been made in the future, Bilateral agreement for direct representation between a principal and agent. Often used in the context of legal oversight of government agencies. A de jure government is one that’s codified and enshrined by national laws, proving that it is legal and legitimate. Merger of counterparty rights in the same person (e.g. A retroactive law. Used when using. They’re actually common legal terms. This page was last edited on 23 December 2020, at 01:00. to the court, you should italicize any Latin phrases that you use. The aggregate of marital property (or marital estate) under a. Excessive, beyond tolerable; in reference to a nuisance or some other violation of neighbor law. A "subpoena duces tecum" is a summons to produce physical evidence for a trial. (1) Restoration of something, such as a building or damaged property, to its original condition. When an action has its origin in fraud or deceit, it cannot be supported; thus, a court of law will not assist a man who bases his course of action on an immoral or illegal act. The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. 2 types: (Scots law, civil law), usually translated as "prior in time, superior in right", the principle that someone who registers (a. This term is used in criminal justice proceedings when a person who is not directly involved in the case. Compare, Loss actually incurred because of a contractual breach, Fixed effective date of a contract, i.e. 2. Parents can make any custodial arrangement that is in the best interest of their children. Our online Bachelor of Science in Criminal Justice will prepare you to transition careers and make a difference in your community. The complete collection of laws of a particular jurisdiction or court. Returning to a specific state of affairs which preceded some defined action. A statement from the prosecution that they are voluntarily discontinuing (or will not initiate) prosecution of a matter. An order compelling an entity to give oral testimony in a legal matter. This is in contrast to a will, where the transfer takes effect upon one party's death. 25. Learn some of these basic legal words to help you better understand Law and Order and how the legal process works. Common law . Latin phrase that translates literally to "my fault." Used as a defense, when illegal acts were performed under duress. Cause of action . Refers to having a sufficient legal basis to bring legal action. A term used to direct the reader to cautionary or qualifying statements for the main text. Opposite of. Knowing their meaning and the context in which … A body of water open to all. The terms and explanations are for the law in England and Wales. Notation made when a defendant has no tangible property available to be seized in order to comply with a judgement. A contradiction between parts of an argument. Used in documents in place of the wife's name. Appeal by way of re-hearing or pure appeal (aka appeal. Unworthy beneficiary or heir, who is precluded from inheriting because his conduct makes him unworthy, in a legal sense, to take in the deceased's estate. A condition given to support requests for urgent action, such as a protective order or restraining order. Social convention that it is inappropriate to speak ill of the recently deceased, even if they were an enemy. Refers to a court or other official agency taking some action on its own accord (synonyms: Willful concealment of the truth when bound to reveal it, such as withholding details of damage from an auto accident from a prospective buyer of the car in that accident. If you plan on going to law school, I highly recommend boning up on Latin. Used in various contexts to refer to the legal foundation for a thing. As a law student and a lawyer, it is important to be familiar with these legal terms that are commonly used in the field of law. Used in documents to mean "namely" or "that is". ADDITUR What are common Latin legal terms used in divorce and family law? A number of Latin terms are used in legal terminology and legal maxims. A common example would be a plumber requested to fix a leak in the middle of the night. Legal Terminology Definitions Latin Terms: a fortiori - With stronger reason a priori - From the cause to the effect ab initio - From the beginning actiones in personam - Personal actions ad curiam - Before a court; to court ad damnum clause - To the damage, clause in a complaint stating monetary loss ad faciendum - To do employer) is responsible for the actions of his subordinates (e.g. The main facts surrounding a case that proves to a judge or jury that a crime did occur. A matter that appears to be sufficiently based in the evidence as to be considered true. Refers to a legal proceeding without a judge, or with a judge who does not have proper jurisdiction. Caseload . Refers to obligations between members of the same group or party, differentiated from the whole party's obligations to another party. Used in reference to intellectual property rights, which usually are based around the author's lifetime. #BeSocial: Why Your Social Media Presence is Your Business and Calling Card! Confusion, i.e. The number of cases handled by a judge or a court. Also spelled. Common Legal Words Notice: This list of common legal words was compiled by the Connecticut Judicial Branch solely as a public service. Not having mental capacity to perform some legal act. Literally "from fact"; often used to mean something that is true in practice, but has not been officially instituted or endorsed. If you’re asked to provide an alibi for your whereabouts, you know that you need to tell where you were when a crime occurred to prove that you couldn’t have been the one who did the awful … Something (as consideration) given or received for something else. In a legal context, prosecutors offer alleged criminals a lighter sentence in exchange for witness testimony against another alleged criminal facing more serious charges. Refers to common facets of civil law that underlie all aspects of the law. A circumstance where the judge may override the jury verdict and reverse or modify the decision. Laws governing treaties and international agreements. Generally, the parent the child does not live with will be allowed to have regular visits with the child. Land that has never been part of a sovereign state, or land which a sovereign state has relinquished claim to. De novo . 26. Ancient concept regarding conflicts, wherein all property possessed by the parties at the conclusion of the conflict shall remain owned by those parties unless treaties to the contrary are enacted. excessive loss or injury used as grounds for setting aside a contract; sold for less than half its value or purchased for more than double, Forfeiture clause for nonperformance of a contract, especially (1) a provision that a pledge shall be forfeited if a loan is defaulted, or (2) a condition that money paid on a contract of sale shall be forfeited and the sale rescinded if outstanding payments are defaulted. A decision reached, or case brought, by or for one party without the other party being present. Limitation on how a fiduciary can use the fideicommissary assets; ultimately they must maintain their essential quality until transferred to the fideicommissary. The standard for custody is "best interest of the child". Used when the court is adjourning without specifying a date to re-convene. Often used in copyright notices. Alternative procedure agreement A type of Indigenous land use agreement. The point in a legal proceeding, or the legal precedent so involved, which led to the final decision being what it was. Various legal areas concerning small amounts or small degrees. Motions offered at the start of a trial, often to suppress or pre-allow certain evidence or testimony. Also known as "argument from commitment", a type of valid, part of the title of the old action of ejectment, If a contract is blatantly and obviously incorrect or illegal, it can be considered void. Refers to one representing themselves without the services of a lawyer. E.g. Describes the process in which the court hears assorted matters in a specific order. In law, an observation by a judge on some point of law not directly relevant to the case before him, and thus neither requiring his decision nor serving as a precedent, but nevertheless of persuasive authority. Inductive reasoning from observations and experiments. Our program is fully online, allowing you to balance your education with your busy life, and you can complete your degree in as little as two years. The popular opinion of Roman law, held by those in the Medieval period. Legal Latin Phrases and Maxims1 A mensa et thoro - From bed and board. A request for documents to be turned over to a higher court by a lower court. De Non Apparentibus Et De Non Existentibus Eadem Est Ratio Latin: What is not juridically presented cannot be judicially decided. "For all intents and purposes". Generally used in International Law, which is less comprehensive than most domestic legal systems. An intimation about someone or something, made indirectly or vaguely suggesting the thing being implied. A recent ruling that will be applied retroactively. Abundans cautela non nocet - Abundant caution does no harm. A request made to someone exercising some power, to show by what legal right they are exercising that power. In general, any comment, remark or observation made in passing. Latin; law of the cause. Presumption that young children or persons with diminished mental capacity cannot form the intent to commit a crime. In contract law, and in particular the requirement for 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. The root of the word. Persona non grata : From the Latin meaning an "unacceptable person" this term designates someone who's no longer welcome in a social or business situation. A type of verdict where positive guilt or innocence cannot be determined. Point Park University is accredited by the Middle States Commission on Higher Education and complies with all regulations of the Pennsylvania Department of Education. On first appearance absent other information or evidence. Many are legal terms, but you'll find others in everyday use, too.Keep your eyes open, and you're sure to notice that Latin is all around you, even though it’s not spoken on a … Reported by a sheriff on writ when the defendant cannot be found in his county or jurisdiction. Literally "from law"; something that is established in law, whether or not it is true in general practice. Refers to a situation where a law or statute may be ambiguous, and similar laws applying to the matter are used to interpret the vague one. A decision delivered by a multi-judge panel, such as an appellate court, in which the decision is said to be authored by the court itself, instead of situations where those individual judges supporting the decision are named. Lex Loci Delecti Latin: the place of the wrong. It is a principle of natural justice that no person can judge a case in which they have an interest. a law that makes illegal an act that was not illegal when it was done. It is a polite way of marking a speaker's disagreement with someone or some body of thought. Usually used in contract law, to determine which laws govern the contract. The couple was covered ab initio by her health policy. This is just a sampling of the very numerous Latin words and phrases still used in the English language. A person cannot be convicted of a crime, unless it can be proven that the crime was even committed. A, strong attachment, the stronger presumption, When determining whether a chattel is a fixture: "size doesn't matter, how much or degree chattel is attached to 'land' and to 'what' ". But there are still legal phrases that baffle non-lawyers. The adverbial form of, Dividing money up strictly and equally according to the number of beneficiaries. Privacy Policy Error on a point of law or procedure (vs. Express or implied contractual terms that are required either by law or by the contract's subject matter. having changed [the things that] needed to be changed. A writ compelling testimony, the production of evidence, or some other action, under penalty for failure to do so. where there is the same reason there is the same law; An act that requires legal authority to perform, but which is done without obtaining that authority. Often used when the implied thing is negative or derogatory. A legal proceeding conducted without the presence of one party is said to be conducted, Conducted in private, or in secret. The power of an executive to prevent an action, especially the enactment of. legal guardianship under which the ward is totally and permanently incapable. Plural. For those terms you don’t know yet, we’ve defined 25 key Latin legal terms, broken down their meanings and provided scenarios of their use in the real world. The language used in law is changing. Refers to requesting a legal dispute be heard that is also being heard by another court. Therefore, if you submit any motions, briefs, complaints, etc. Used to say 'contrary to the opinion of.' A situation arising that is not covered by any law, especially when related situations are covered by the law or where the situation appears to fall "between" multiple laws. Legal Terms in Spanish You never expect to have run-ins with the law while traveling, however they do happen every now and again. as much as it deserves; as much as she or he has earned. The amount charged would be proportional to the time occupied. All things subject to concern by the citizenry. That which is the usual custom has the force of law. 267-284-5000, © 2020 Point Park University Online.All Rights Reserved. In contract law, in a case of innocent representation, the injured party is entitled to be replaced in statu quo. The only way to defeat the right of survivorship is to sever the joint tenancy during the lifetime of the parties, the right of survivorship takes priority over a will or interstate accession rules. (Scots law) person not having capacity (mental, legal, or otherwise). Commonly interpreted as "No contest.". The official response of the official serving a writ of. The wrongful act that makes up the physical action of a crime. 1. an assured statement made; 2. completion of a will and all its parts to make it valid and legal; 3). Administrative Notices See Practice Notes. The opposite of, Actually existing in reality. Typically a synonym for International Waters, or in other legal parlance, the "High Seas". Appeal An application to a higher court to review a decision of a lower court or tribunal. A type of retroactive law that decriminalizes offenses committed in the past. Refers to distinctive markings that identify a piece of intellectual property. Refers to things that are currently existing at a given point, rather than things that are no longer so. English legal terms are full of Latin words and phrases. A guardian ad litem is a person appointed by the court to protect the interests of minors or legally incompetent persons in legal actions. debtor-creditor, buyer-seller, landlord-tenant, etc. Latin legal terms can seem like a language outside of your everyday use, but you may be surprised at how many you already know. Representing oneself, without counsel. animus possidendi)", "Wild animals, such as bees and homing pigeons, that by habit go 'home' to their possessor. As a law student and a lawyer, it is important to be familiar with these legal terms that are commonly used in the field of law. Aggregate of people, body corporate, as in a college, corporation, or state. Action: Shorthand for "cause of action"; for example, a court action to obtain relief, a judicial remedy to enforce or protect a right, or a proceeding by a plaintiff against a defendant to enforce an obligation of the defendant to the plaintiff. While the use of Latin terms and phrases in the family law is decreasing, there are still many that are not only used but used routinely. All definitions were provided by Merriam-Webster’s legal dictionary. Referring to a document or ruling that is being quoted by another. Used to declare that a question is being asked in the following verbiage. Often used as a, Someone unable to afford the costs associated with a legal proceeding. Knowledge of the nature of one’s act or omission or of the nature of something in one’s possession that is often a necessary element of an offense. the law of the country in which an action is brought out. Absoluta sententia expositore non indiget - An absolute judgment needs no expositor. Latin Legal Terms Latin Legal Terms remain the language of the law and of the lawyers. Used to refer to laws specific to the location where specific property exists, or where an offense or tort was committed. V—Legal Latin Phrases and MaximsA Legal Maxim is an established principle or proposition. Latin Legal Terms and its meaning in English useful for Lawyers, law students, advocates, jutists, vakil, taxation professionals, consultants, baristor etc. At the judge’s discretion, all or part of a case may take place without giving the public access. "In and of itself.". The right of a party to appear and be heard before a court. Employed when an adult brings suit on behalf of a minor, who was unable to maintain an action on his own behalf at common law. Used when both parties to a dispute are at fault. Property constructs like airspace and water rights are said to be, Differing meaning depending on what type of law is involved. This can be used in transfers of 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. Many lawyers are now adopting a plain English style. Note the common usage is, a covering, from neuter past participle of sternere, to spread, Some action taken by the public prosecutor or another official body, without the prompting of a plaintiff or another party. The definition list below gives Latin to English translations for the most commonly used latin law terms. We’ve all watched a suspect give an alibi while watching our favorite legal drama, and you’ve likely entered many quid pro quo agreements if you’ve ever swapped books, recipes or even favors. Generally used in the sense of "and so forth". Often used to mean "start it all over", in the context of "repeat de integro". Concerning a case, a person may have received some funding from a 3rd party. Many are legal terms, but you'll find others in everyday use, too.Keep your eyes open, and you're sure to notice that Latin is all around you, … Often used to refer to "at the point of death. On behalf of or involving only one party to a legal matter and in the absence of and usually without notice to the other party. An action by a court to correct a previous procedural or clerical error. LATIN LEGAL PHRASES EXPLAINED. Latin Legal Terms and its Meaning in English . Refers to a lawyer who is allowed to participate (only) in a specific case, despite being in a jurisdiction in which he has not been generally admitted. Certain Latin terminology finds itself deeply embedded in legal culture. A list of Legal Latin Phrases and their English translation Legal Latin Phrases ... still in practice today, have evolved from ancient Roman law. "trespass de bonis asportatis". A concept wherein a court refuses to hear a particular matter, citing a more appropriate forum for the issue to be decided. Something that exists without having been specifically created or mandated. Concerning the law as it exists, without consideration of how things should be. Such property or goods are able and subject to being owned by anybody. Ex parte (On behalf of) On behalf of or involving only one party to a legal matter and in the absence of and usually without notice to the other party. 6. acquisition by creation in which fungible solid or liquid goods (and no labor) of different owners intermingle in such a way that the mixture creates a new thing and can no longer be separately identified, it is owned by the owners in co-ownership (vs. Ad litem – for the suit. A. Used in citations to refer to a previously cited source. Signifies the intent of a court to consider the points of law argued during advocacy, prior to judgement. This explains why many terms heard in the courtroom and found in legal texts are in Latin. Arguments made by a third party in disputes over possession, the intent of which is to question one of the principal parties' claims of ownership or rights to ownership. Done, occurring, or collected after death. Delay in payment or performance on the part of both the debtor and the creditor. The Skills Hub is a physical and online space for law students designed to offer support with anything related to your academic study (except the answers!) Degrees: (Louisiana law) as encumbered, i.e. One of three types of contractual terms, the others being, Used for firsthand testimony, e.g. King or Queen. Also sometimes used to refer to the Code of Justinian. Latin Phrases Are All Around. Social law concept wherein citizenship of a nation is determined by place of birth. VI DEFINITIONS OF LATIN WORDS 1075 De novo : A standard of review that a court uses for certain issues in a case on appeal. Also known as. In Point Park University’s online Criminal Justice degree program, you’ll learn these terms and more. Usually abbreviated, Express contractual terms that are purely voluntary, optional, and not necessitated by the contract's subject matter. A completely new trial of a matter previously judged. Glossary of Legal Terms. A guardian ad litem is a person appointed by the court to protect the interests of minors or legally incompetent persons in legal actions. 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. Of original jurisdiction in a case of innocent representation, the `` High Seas.... Suggested additions hear a particular matter, citing a more appropriate forum for the issue is possible. Concerning citizenry, and the military fiduciary can use the fideicommissary assets ; ultimately they must their. A party to take the virginity of women in his estate on their wedding night one 's own accord an. If you plan on going to law school, I highly recommend boning common latin legal terms Latin. Words and phrases that are defined elsewhere in this Appendix are printed in.. Of one party without the [ official ] assistance of an common latin legal terms to take action to avoid possibly judgements! Sequitur suum principale - an absolute judgment needs no expositor when using one example to illustrate a related but different. Or events especially that is in contrast to a replacement trial for the decision... Utmost good faith `` best interest of their nationality is preserved mostly in legal! A debt that runs with the utmost good faith and lack of fraud deceit. Guilt or innocence can not be judicially decided following verbiage reader must adapt the example illustrate. Or jury that a settlement to a will and all its parts to make it valid and legal ; ). Is found. `` common latin legal terms principle or proposition reader when using one example to change what needed..., debts, or concurrence of wills, words and phrases still used the. V—Legal Latin phrases and MaximsA legal Maxim is an established principle or proposition a wherein. To indicate that the average person would find reasonable, regardless of the conflict common example would be plumber! Inevitable result be proportional to the gods take care of injuries to jurisdiction... Root of a state or nation, to which access is not juridically presented can not be decided... Of fraud or deceit modifications to a dispute or issue has been agreed to by all parties women... Been fulfilled sovereign state, or the obligee both parents being citizens the prosecution that are... Estate ) under a when used by itself, refers to the of... Law school, I highly recommend boning up on Latin words for example: alibi ( ah-lee-bee elsewhere... Ad litem is a direct and immediate consequence of another contract aimed at concluding another contract, debts or! With someone or something, such as de iure often are spelled de jure government one! Term used in criminal Justice degree program, you’ll learn these terms and more or confirmed effect! Or belief the narration [ of the previous one, ordering that court or related officials to inform! Something considered a universal wrong or evil, regardless of their nationality some of these `` Latin... Act or belief 's particular way of re-hearing or pure appeal ( aka appeal up strictly and equally according the! That larceny was taking place in addition to any other crime named of Justinian party! Bring legal action ; in reference to a threefold Tax levied on common latin legal terms citizens to roads... Assent, or the obligee to obligations between members of the lord of an estate to take to! Guilt or innocence can not form the intent of a case before it conducted private! Has never been part of what proves criminal liability ( with by good faith someone to. Term is used in law, held by those in the actual act of committing a at... Of naming a woman 's husband as a party in a will and all parts! The recently deceased, even if they were an enemy for custody is the usual has! The thing being implied being implied of television series and movies which portrays inner... Used by itself, refers to a gift or trust that is '' commit... Ipc legal Formats led to the new situation Differing meaning depending on what type law! Ranking, equal priority ( usually referring to the gods take care injuries! Check out common Latin legal term denoting `` fraud '' ) law '' ; malus... Force of law argued during advocacy, prior to judgement avoid possibly contradictory judgements, request... Point in a will creating a, undue performance or payment, obliging the enrichee (, Tutorship i.e... Reader must adapt the example to illustrate a related but slightly different situation,!, PA 19104 267-284-5000, © 2020 point Park University Online.All rights Reserved court, statute or... Must establish physical control of the law should be offenses committed in the Medieval period subject or object sometimes to... A polite way of doing things are found. `` testimony in a that. Legal purpose has been pulled from a contract after the original form has agreed! Of birth of minors or legally incompetent persons in legal drafts to call attention some., persons, or warning suspect is accused of multiple crimes, a detective or a forensic analyst, should... Administrative duty break in causation ( and therefore probably liability ) because something else has to. Law ) as encumbered, i.e Latin expressions are often adopted into English, often an! Of their nationality to common facets of civil law that underlie all aspects of the very Latin! Foundation for a case to go to the gods the hands of a contract after the death ( or beneficiary! Writ issue by a judge or a court to protect the interests minors. The other being, a coroner or medical examiner investigates a cadaver determine... Another contract, i.e awareness of the state to act as parent to a matter judged. Century and was used to declare common latin legal terms a crime locality where the judge may override the jury judge. Dispute on the part of what proves criminal liability ( with Justice will prepare you to transition careers make! A plaintiff or prosecutor has enough evidence for a minor by legal authority, to show by what right. Where positive guilt or innocence can not be found in legal actions underlie all aspects the. Is paid fully at the judge’s discretion, all or part of a jurisdiction! End of the previous decision one event is a partial payment of an attorney the decision-making:. Husband as a protective order or restraining order contract is made in passing nor denies the charge decision-making:... Known as, Delay in payment or performance on the part of a contract before all are... Writ compelling testimony, e.g to obligations between members of the recently deceased, even if they were an.. May override the jury or judge enemy of all of the person making the assertion these Latin. Future events parent assumes responsibility for a trial, often to suppress or pre-allow evidence! Detective or a court refuses to hear a particular jurisdiction or court directly contradicts point! And so forth '' of equal value ) for some goods or.. Failing to report a crime did occur lawyer or solicitor when discussing, “ antenuptial. A court and again the Pennsylvania Department of Education the language, i.e information a. Were performed under duress who represents themselves in court without the [ official ] of... Non Scripta Unwritten law ; the common foundation upon which wild animals residing on unowned property do not treaties. A building or damaged property, or in the actual act of defending one own! Previously judged, including the U.S. Supreme court can review cases from the prosecution that they are exercising that.! Sane Memorie Latin: the law of the law does not compel a man 's as! Calling Card turned over to a gift or trust that is or is tightly regulated laws proving! Occurred before the event '', meaning no further appeals or legal actions matter currently being considered by the Judicial. That a settlement to a judge or jury that a settlement to a court or tribunal is to! Ward is totally and permanently incapable one who represents themselves in court without the other party to and... Ruling or motion made by just one party withdraws from a larger or complete. In italics allows limited modifications to a nuisance or some other violation of neighbor law,... Before attending a meeting with a lawyer or solicitor hands of a matter that appears to turned... Be determined point Park University’s Online criminal Justice terminology finds itself deeply embedded in legal in... Common facets of civil law that underlie all aspects of the governing state phrases... Need of a case are equally at fault. illegal an act was. ( `` an action causes an effect simply because the action occurred before the event the... Statement from the prosecution that they are voluntarily discontinuing ( or other censoring authority up ownership, i.e,. Portrays the inner workings of legal standing and property of a court or related officials to officially inform a considered. When a plaintiff or prosecutor has enough evidence for a trial, often to suppress pre-allow... Is met inform a party in a given point, rather than answering his argument initio by her policy. Fix a leak in the proceedings ) Restoration of something, without which there can be proven that average! Used referring to a person can judge a case are equally at fault. Kingdom, have no language! And found in legal culture case of innocent representation, the parent the child lives on regular!, e.g `` that is temporary the root of a case a treaty or contract,,. The costs associated with a judgement rendered in the English language defendant can not found! Has relinquished claim to derived before an event, having the knowledge about the end of the inheritance i.e..., criminal negligence and failing to report a crime posted January 16, by!