Learning the language of the law is an important topic not found on the First Year Law syllabus.
There are many things about law school which will be intimidating as the first day of classes approaches. One of those will probably be the legal terms that will be used by professors, in the cases and textbooks you will read and by other (slightly irritating and know-it-all) students.
Before that first day of class, you can start to become acquainted with some of the legal terms and legal jargon that you may be unfamiliar with as have been set out. These are often Latin phrases and words as many of the principles which are still in use today, have developed from ancient Roman law, which were written in Latin. This explains why many terms heard in the courtroom and found in legal texts are in Latin.
As a law student and a lawyer, you will want to be familiar with these legal terms that are commonly used in the field of law. Understanding how and when to use these words, is crucial in order to properly understand the law and how to apply it. While many of the Latin legal terms may seem like part of an entirely new language, you may be surprised at how many you will already know and use on a regular basis. Some of those words or phrases may have a specific legal meaning that you should be aware of, however.
To make the task (hopefully) a bit easier to tackle, the approximately 90 words and phrases are set out in groups and under headings which are intended to give them some context and reference. For each word or phrase, the translation from Latin is provided (where appropriate, of course) along with a description of the legal relevance or meaning. While these will not be the only context in which the words and phrases are used, these groups are:
Words or Phrases most often used in the context of Contracts and Commercial Transactions;
Words or Phrases most often used in the context of Criminal Law;
Words or Phrases most often used in the context of Judicial or Court Proceedings or in the reporting of Cases;
Often Used or Common Legal Phrases (a general catch-all group); and,
Words or phrases you might already use that have specific legal meaning you should be aware of.
All of the words and phrases included have been previously defined by learned scholars or can be found in well-known and respected sources, however an effort has been made to find or combine the most useful and helpful definitions. With thanks to and proper acknowledgement, the sources for the definitions provided are:
legal-dictionary.thefreedictionary.com
Enjoy starting to learn the new language of law!
Words or Phrases most often used in the context of
Contracts and Commercial Transactions
Ab Initio – From the beginning.
Often used in reference to contracts, ab initio means a court decision is applied to the start of the issue as opposed to when problems arose. If a contract is entered under false pretences, a judge can decide that the contract never existed and is therefore nonbinding.
Ad valorem - in proportion to the value.
An ad valorem duty goes up as the value of the goods, shares and so on that it is charged on rises.
Contra proferentem - against the one bringing forth.
Used in contract law to stipulate that an ambiguous term in a contract shall be interpreted against the interests of the party that insisted upon the term's inclusion. Prevents the intentional additions of ambiguous terminology from being exploited by the party who insisted on its inclusion.
Ex facie - on the face.
If a contract is blatantly and obviously incorrect or illegal, it can be considered void ex facie without any further analysis or arguments.
Novation
Transaction in which a new contact is agreed by all parties to replace an existing contract.
Non est factum - It is not [my] deed.
A method whereby a signatory to a contract can invalidate it by showing that his signature to the contract was made unintentionally or without full understanding of the implications.
Pari passu - on equal footing.
Equal ranking, equal priority (usually referring to creditors).
Quantum meruit – as much as it deserves; as much as she or he has earned.
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. A common example would be a plumber requested to fix a leak in the middle of the night. In other words, A reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated (specified, written down) in a legally enforceable contract.
Words or Phrases most often used in the context of Criminal Law.
Actus reus - a guilty act
The wrongful act that makes up the physical action of a crime. Actus reus is the act of the crime, though it also considers deliberate intent to commit the crime, as opposed to self defence. Committing a criminal act, criminal negligence and failing to report a crime all fall under actus reus and can lead to criminal charges.
Corpus delicti - body of the crime
A person cannot be convicted of a crime, unless it can be proven that the crime was even committed.
Mens rea – guilty mind.
A culpable mental state. This essentially is the basis for the notion that those without sufficient mental capability cannot be judged guilty of a crime. Determining mens rea considers whether a crime was committed purposely, knowingly, recklessly, and negligently. However, the precise mental element varies from crime to crime.
Scienter - knowingly
Used when offenses or torts were committed with the full awareness of the one so committing.
Words or Phrases most often used in the context of
Judicial or Court Proceedings or in the reporting of Cases.
Ad Litem - for the purposes of the legal action.
It refers to the appointment by the court of one party to act in a legal action on behalf of another party. A guardian ad litem is a person appointed by the court to protect the interests of minors or legally incompetent persons in legal actions.
Contra – against
Used in case citations to indicate that the cited source directly contradicts the point being made.
Corpus juris – body of law
The complete collection of laws of a particular jurisdiction or court.
De novo – to make something anew.
Often used in the context of "trial de novo" – a new trial ordered when the previous one failed to reach a conclusion.
Dictum – (thing) said.
Statement of law made by judge in the course of the decision but not necessary to the decision itself. A statement given some weight or consideration due to the respect given the person making it.
Ex parte – on behalf of or for one party.
Proceedings in the absence of the other party. 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. A ruling or motion made by just one party in a dispute. In some instances, there may be a situation in a court case with an ex parte proceeding, in which only one side is involved.
In absentia – in absence.
A legal proceeding conducted without the presence of one party is said to be conducted in absentia, e.g., trial in absentia or being sentenced in absentia.
In camera – in the chamber.
Conducted in private, or in secret. The opposite of in open court.
In curia – in court
Conducted in open court. The opposite of in camera.
In pari delicto – in equal offense.
Used when both parties to a case are equally at fault.
In re – in the matter (of).
The usual style for the name of a judicial proceeding having some item of property at the centre of the dispute rather than adverse parties; usually used for a case where the proceeding is in rem or quasi in rem and not in personam (e.g., probate or bankrupt estate, guardianship, application for laying out a public highway) and occasionally for an ex parte proceeding.
In situ – in position
Often used in the context of decisions or rulings about a property or thing "left in place" after the case as it was before.
Jus naturale – natural law.
Laws common to all people, that the average person would find reasonable, regardless of their nationality.
Locus standi – place of standing.
The right of a party to appear and be heard before a court.
Mandamus – we command.
A writ issue by a higher court to a lower one, ordering that court or related officials to compel the performance of a public or administrative duty. Often used in the context of legal oversight of government agencies.
Nisi – unless
A decree that does not enter into force unless some other specified condition is met.
Nunc pro tunc – now for then.
A ruling nunc pro tunc applies retroactively to correct an earlier ruling or a previous procedural or clerical error.
Obiter dictum –things said by the way.
It is generally used in law to refer to an opinion or non-necessary remark made by a judge. It does not act as a precedent. In other words, obiter dictum means “that which is said in passing,” an incidental statement, comment, remark or observation made in passing. Specifically, in law, it refers to a passage in a judicial opinion which is not necessary for the decision of the case before the court. Such statements lack the force of precedent but may nevertheless be significant or of persuasive authority.
Par delictum – equal fault.
Used when both parties to a dispute are at fault.
Ratio decidendi – reason for the decision
Principle or reason underlying a court judgement or the point in a legal proceeding, or the legal precedent so involved, which led to the final decision being what it was. The rule of law on which a judicial decision is based.
Res Judicata – a matter already judged.
A matter that has been finally adjudicated, meaning no further appeals or legal actions by the involved parties is now possible.
Stare decisis – to stand by (things) decided)
The obligation of a judge to stand by a prior precedent. The doctrine that a trial court is bound by appellate court decisions (precedents) on a legal question, which is raised in the lower court. Reliance on such precedents is required of trial courts until such time as an appellate court changes the rule, for the trial court cannot ignore the precedent (even when the trial judge believes it is “bad law”).
Sine die – with no day (indefinitely).
Used when the court is adjourning without specifying a date to re-convene.
Sub nominee – under the name.
Abbreviated sub nom.; used in case citations to indicate that the official name of a case changed during the proceedings, usually after appeal (e.g., rev'd sub nom. and aff'd sub nom.)
Trial de novo – trial anew
A completely new trial of a matter previously judged. It specifically refers to a replacement trial for the previous one, and not an appeal of the previous decision.
Often Used or Common Legal Phrases
Ad hominem – at the person
Attacking an opponent's character rather than answering his argument.
Consensus ad idem – agreement to the same.
Meeting of the minds, mutual assent, or concurrence of wills. Parties must be of one mind and their promises must relate to the same subject or object.
De jure – by right: of right
Concerns something that exists with authority from the law. Literally "from law"; something that is established in law, whether or not it is true in general practice.
De minimis – about minimal things.
De Minimis Non Curat Lex – The law does not govern trifles (unimportant things), or law ignores insignificant details.
Also, a common law principle whereby judges will not sit in judgment of extremely minor transgressions (offence, wrongdoings) of the law.
Erratum – having been made in error.
Factum – deed
An assured statement made; or completion of a will and all its parts to make it valid and legal; or book of facts and law presented in a Canadian court.
In extremis – in the extreme.
In extreme circumstances. Often used to refer to "at the point of death."
In loco parentis – in the place of a parent.
When someone other than the biological parent assumes responsibility for a minor.
Inter vivos – between the living.
Refers to a gift or other non-sale transfer between living parties especially of a gift as opposed to a legacy. This is in contrast to a will, where the transfer takes effect upon one party's death.
Mutatis Mutandis – having changed [the things that] needed to be changed.
With the necessary changes having been made, or with the respective differences having been considered. A caution to a reader when using one example to illustrate a related but slightly different situation. The caution is that the reader must adapt the example to change what is needed for it to apply to the new situation.
Res communis – common to all.
Property constructs like airspace and water rights are said to be res communis – that is, a thing common to all, and that could not be the subject of ownership.
Res ipsa loquitor – the thing speaks for itself.
A doctrine of law that one is presumed to be negligent if he/she/it had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and without negligence the accident would not have happened.
Sui juris – of his own right.
Refers to one legally competent to manage his own affairs. Also spelled sui iuris.
Sine qua non – without which nothing.
An essential condition. A thing that is absolutely necessary. Basically a component of an argument that, if debunked, causes the entire argument to crumble.
Supra – above.
Used in citations to refer to a previously cited source.
Ultra vires- beyond the powers.
An act that requires legal authority to perform, but which is done without obtaining that authority.
Volenti non fit injuria – to a willing person, injury is not done.
Damage suffered by consent gives no cause of action. In other words, if someone willingly places himself in a position where he knows that harm might result, then he is not able (allowed) to bring a claim against the other party in tort or delict (a violation of the law).
Vox populi – voice of the people.
The opinion of the majority of the people.
Words or phrases you might already use that have
specific legal meaning you should be aware of.
Ad idem - in agreement.
A phrase most often used in contract law used to describe the intentions of the parties forming the contract. In particular, it refers to the situation where there is a common understanding in the formation of the contract.
Affidavit - he has made an oath.
An oath or affirmation reduced to writing, sworn, or affirmed to before some officer who has authority to administer it. It differs from a deposition in this, that in the latter the opposite party has had an opportunity to cross-examine the witness, whereas an affidavit is always taken ex parte.
Bona fide – In good faith.
Implies sincere good intention regardless of outcome. in the case of a party claiming title as “bona fide” purchaser or holder, it indicates innocence or lack of knowledge of any fact that would cast doubt on the right to hold title.
Caveat - may he beware. A warning or caution. The judge issued a caveat to the defence attorney to keep his questions simple. Also, a formal notice to a judge, public officer, or court to postpone a proceeding until the merits of the notice is determined or the notifier has an opportunity to be heard. The party who files the caveat is known as the caveator. In bankruptcy court, a creditor may file a caveat to be notified if anything is filed in their debtor’s case.
Caveat emptor – let the buyer beware.
In addition to the general warning, also refers to a legal doctrine wherein a buyer could not get relief from a seller for defects present on property which rendered it unfit for use. The basic premise that the buyer buys at his/her own risks and therefore should examine and test a product himself/herself for obvious defects and imperfections. Caveat emptor still applies even if the purchase is “as is” or when a defect is obvious upon reasonable inspection before purchase.
Compos mentis – having command of mind.
Of sound mind. Also used in the negative "Non compos mentis", meaning "Not of sound mind".
De facto – in fact. Literally "from fact"; often used to mean something that is true in practice but has not been officially instituted or endorsed. "For all intents and purposes".
Ergo – therefore.
He was the sole beneficiary of the will, ergo the prime suspect.
Ex gratia – as favour.
Something done voluntarily and with no expectation of a legal liability arising therefrom.
Ex officio – because of an office held.
Something done or realized by the fact of holding an office or position.
Ex post facto – after the fact.
A recent ruling that will be applied retroactively.
Extant – existing.
Refers to things that are currently existing at a given point, rather than things that are no longer so.
In flagrante delicto – in blazing offense.
Caught in the actual act of committing a crime. Often used as a euphemism for a couple caught in the act of sexual intercourse, though it technically refers to being "caught in the act" of any misdeed.
Indicia – indications.
Often used in copyright notices. Refers to distinctive markings that identify a piece of intellectual property.
Ipso facto – by the mere fact.
As an inevitable result or, therefore. This phrase is frequently employed to convey the idea that something, which has been done contrary, to law is void.
Innuendo – by nodding.
An intimation about someone or something, made indirectly or vaguely suggesting the thing being implied. Often used when the implied thing is negative or derogatory. Spoken words which are defamatory because they have a double meaning.
Inter alia – among other things.
Used to indicate an item cited has been pulled from a larger or more complete list. The phrase inter alia is a method of shortening legal documents so certain sections don’t have to include every allegation or every reference.
Lacunae – void or gap.
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. Generally used in International Law, which is less comprehensive than most domestic legal systems.
Modus operandi – way of working.
A person's particular way of doing things. Used when using behavioural while investigating a crime. Often abbreviated "M.O."
Moot - having little or no practical relevance. A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court’s refusal to consider a case because the issue involved has been resolved prior to the court’s decision, leaving nothing that would be affected by the court’s decision. For example, if an individual sues his employer for his termination and the employer rehires the employee the claim becomes moot because the termination has been revoked.
Nexus – connection.
A connection or link between things, persons, or events especially that is or is part of a chain of causation. In a legal context, this term could appear in legal proceedings when trying to connect laws between jurisdictions.
Non Sequitur – it does not follow.
A statement (such as a response) that does not follow logically from or is not clearly related to anything previously said.
Per capita – by head.
Dividing money up strictly and equally according to the number of beneficiaries
Per se – by itself.
Inherently or something that is, as a matter of law. A published writing which falsely accuses another of having a venereal disease or being a convicted felon is “libel per se”, without further explanation of the meaning of the statement.
Persona non grata – a person who is unacceptable or unwelcome.
A person who is officially considered unwelcome by a host country in which they are residing in a diplomatic capacity. The person is typically expelled to their home country.
Prima facie – at first sight.
On first appearance absent other information or evidence a matter that appears to be sufficiently based in the evidence as to be considered true. Used when a plaintiff or prosecutor has enough evidence for a case to go to trial.
Post mortem – after death.
Refers to an autopsy, or as a qualification as to when some event occurred.
Pro bono – for good.
Professional work done for free. Legal work performed by lawyers without pay to help people with legal problems and limited or no funds or provide legal assistance to organizations involved in social causes such as the environmental, consumers, minorities, youth, battered women and education organizations and charities.
Pro rata – from the rate.
A calculation adjusted based on a proportional value relevant to the calculation. An example would be a tenant being charged a portion of a month's rent based on having lived there less than a full month. The amount charged would be proportional to the time occupied.
Quasi – as if.
Resembling or being similar to something, without actually being that thing. It can be added to any term to make an argument that one thing is like another, e.g., “even if it was not technically a judicial action, it was a quasi-judicial action.”
Quid pro quo – this for that.
Something for something. An equal exchange of goods or services, or of money (or other consideration of equal value) for some goods or services. Quid pro quo has the same meaning in the law but with varying implications in different contexts. Quid pro quo, or the exchange for valuable consideration, is required for the formation of a valid contract between individuals who are not merchants. This requirement of mutual consideration, or the exchange of something of value, indicates the sincerity of the parties’ intent to adhere to the contract between them. In another legal context, prosecutors offer alleged criminals a lighter sentence in exchange for witness testimony against another alleged criminal facing more serious charges.
Status quo – in the present state.
The state of things as they are now. In a case of innocent representation, the injured party is entitled to be replaced in status quo. Note the common usage is status quo from the Latin status quo ante, the "state in which before" or "the state of affairs that existed previously.
Veto – forbid
The power of an executive to ban, or order not to allow or prevent an action, especially the enactment of legislation to become law, even if it has been passed by a parliament.
Vice versa – the other way around
Something that is the same either way.
Waiver – voluntarily giving up or removing the conditions.
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