LATIN WORDS GLOSSARY
A
a fortiori. “with even stronger reason,” which applies to a situation in
which if one thing is true then it can be inferred that a second thing is
even more certainly true.
a priori assumption. An assumption that is true without further proof or
need to prove it.
ab initio. From the beginning.
ab intestato. From an intestate. ‘Succession ab intestato’ refers to
succession to the property of one who has not disposed of it by will.
acte clair. Doctrine of EU law whereby a national court which considers
that a point of Community law raised before it is ‘sufficiently clear’ may
apply it without reference to the European Court.
actus reus. A phrase referring to elements of the definition of an offence
(save those which concern the condition of the mind of the accused),
e.g., his outward conduct.
actus non facit reum nisi mens sit rea. An act does not itself constitute
guilt unless the mind is guilty. The maxim embodies a cardinal doctrine
of English criminal law.
ad idem. Of the same mind; similar in essential matters. A binding
contract, for example, requires consensus ad idem (agreement as to the
same thing) by both parties.
ad valorem. In proportion to the value. In the case of an ad valorem tax,
the amount paid is proportionate to the value of the article taxed.
ademption. Failure of a gift because the will-maker, by the time of
death, no longer owns the property that the will-maker attempted to
bequeath in the will.
alieni juris. Of another’s right. Term used to refer (in contrast to sui juris
(q.v.)) to persons subject to the authority of another, e.g., minors.
allocutus. Demand by court of a convicted per-son, asking whether he
has cause to show why judgment should not be pronounced against him.
amicus curiae. Friend of the court. A person who is not engaged in the
case, but who brings to the court’s attention a point which has appar–
ently been overlooked.
audi alteram partem. Hear the other side. It is a principle of natural
justice (q.v.) that no
man should be condemned unheard.
autrefois acquit. Formerly acquitted.
autrefois convict. Formerly convicted.
autre vie. For anothers life.
C
casus omissus. A case not provided for by the law.
causa proxima et non remota spectatur. It is the immediate, not the
remote, cause that should be considered.
causa remota. Remote cause; one operating indirectly through
intervention of other causes.
caveat. Warning, usually in the form of an entry in a register intended to
prevent some action being taken without notice being given to person
issuing the warning.
caveat emptor. Let the buyer beware. In general, the buyer is expected
to look to his own interests.
caveat venditor. Let the seller beware.
Certiorari. Order to a lower court to deliver the record of a case to an
appellate court.
cessante ratione cessat ipse lex. With the reason of the law changing,
the law itself ceases to exist.
Cesser A ceasing (usually of liability), deter-mination or (premature) end.
cestui que trust. Shortened form of cestui à que trust (‘he for whom is
the trust’). The beneficiary.
cestui que vie. Shortened form of cestui à que vie (‘he for whose life . .
.’). He for whose life a grant of land is made.
compos mentis. having a sound mind.
contemporanea expositio. Contemporaneous interpretation. The
reading of a document as it would have been read at the time of making.
contra. “against” or “opposite to”.
corpus . 1) body. 2) the principal (usually money, securities and other
assets) of a trust or estate as distinguished from interest or profits.
contra proferentem A Latin term meaning “against the offeror”, which is
a doctrine of contractual interpretation.
corpus delicti. The body of an offence, i.e., the aggregation of
fundamental facts constituting the substance of an offence.
corpus juris A body of law.
D
damnum absque injuria. Also damnum sine injuria. Damage without
wrong, i.e., damage or loss for which no claim can be maintained.
de bene esse. Of well-being. Used in relation to that which is done
conditionally, provision-ally, subject to some possible future challenge or
exception.
de bonis non administratis. Of goods which have not been
administered. Grant made where an administrator, with or without a will
annexed, dies, or where an administrator cannot be found.
de facto.In fact, in reality.
devastavit. He has wasted. A personal representative who misapplies or
mismanages the
assets of a deceased person is answerable for that waste.
donatio mortis causa. A gift of property by a donor in anticipation of his
death.
de jure . “lawful,” as distinguished from de facto (actual).
de minimis. “of minimum importance” or “trifling.” Essentially it refers to
something or a difference that is so little, small, minuscule or tiny that
the law does not refer to it and will not consider it.
de novo. “anew,” which means starting over, as in a trial de novo.
dictum. “remark,” a comment by a judge in a decision or ruling which is
not required to reach the decision, but may state a related legal principle
as the judge understands it.
E
en banc – All the judges of an appellate court sitting together to hear
oral arguments in a case of unusual significance and to decide the case.
et al. – And others
et seq. – abbreviation for the Latin phrase et sequentes meaning “and
the following.” It is commonly used by lawyers to include numbered lists,
pages or sections after the first number is stated.
ex delicto – Latin for a reference to something that arises out of a fault
or wrong, but not out of contracts. Of only academic interest today, it
identified actions which were civil wrongs (torts).
ex officio – Latin for “from the office,” to describe someone who has a
right because of an office held, such as being allowed to sit on a
committee simply because one is president of the corporation.
