Term or phrase Literal translation Definition and use

"Commonly used referring to the time a contract, statute, marriage, or deed become
ab initio from the beginning
legal. e.g The couple was covered ab initio by her health policy."[1]
Generally signifies a solution designed for a specific problem or task, non-
ad hoc for this
generalizable, and not intended to be able to be adapted to other purposes.
ad valorem according to value
adjournment without a
adjournment sine die When an assembly adjourns without setting a date for its next meeting.
day
affidavit he has sworn A formal statement of fact.
amicus curiae friend of the court A person who offers information to a court regarding a case before it.
The subjective state of mind of the author of a crime, with reference to the exact
animus nocendi intention to harm
knowledge of illegal content of his behaviour, and of its possible consequences.
"In order to claim possessory rights, an individual must establish physical control of
animus possidendi intention to possess
the res and the intention to possess (i.e. animus possidendi)"[2]
ante before
Refers to the idea that one cannot be fairly judged unless the cases for and against
Audi alteram partem hear the other side
them have been heard.
bona fide in good faith. Implies sincere good intention regardless of outcome.
Caveat May he beware When used by itself, refers to a qualification, or warning.
In addition to the general warning, also refers to a legal doctrine wherein a buyer
Caveat emptor Let the buyer beware could not get relief from a seller for defects present on property which rendered it
unfit for use.
Certiorari To be apprised A type of writ seeking judicial review.
A person cannot be convicted of a crime, unless it can be proven that the crime was
corpus delicti Body of the crime
even committed.
Something that is established in law, whether or not it is true in general practice.
de jure Concerning the law
C.f.de facto.
Often used in the context of "trial de novo"—a new trial ordered when the previous
de novo Anew
one failed to reach a conclusion.
ei incumbit probatio qui Proof lies on him who
The concept that one is innocent until proven guilty.
dicit asserts.
Known as a "canon of construction", it states that when a limited list of specific
ejusdem generis Of the same class. things also includes a more general class, that the scope of that more general class
shall be limited to other items more like the specific items in the list.
Something done voluntarily and with no expectation a legal liability arising
ex gratia By favor
therefrom.
ex officio From the office Something done or realized by the fact of holding an office or position.
A decision reached, or case brought, by or for one party without the other party being
ex parte From [for] one party
present.
A writ used to challenge the legality of detention. Orders the detaining party to "have
habeas corpus May you have the body the (living) body" of the detained brought before the court where the detention will
be investigated.
ignorantia juris non Ignorance of the law A principle that states that not having knowledge of a law is not an excuse for
excusat does not excuse breaking it.
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.
Someone unable to afford the costs associated with a legal proceeding. As this will
In the manner of a
in forma pauperis not be a barrier to seeking justice, such persons are given in forma pauperis status
pauper
(usually abbreviated IFP), wherein most costs are waived or substantially reduced.
in futuro In the future Refers to things to come, or things that may occur later but are not so now.
Used when including text in a complaint verbatim, where its appearance in that form
in haec verba In these words
is germane to the case, or is required to be included.
A motion to a judge in a case that is heard and considered outside the presence of the
in limine At the threshold
jury.
in omnibus In all Used to mean "in every respect." Something applying to every aspect of a situation.
in pari delicto In equal offense Used when both parties to a case are equally at fault.
Refers to a situation where a law or statute may be ambiguous, and similar laws
in pari materia In the same matter
applying to the matter are used to interpret the vague one.
Used in the context of "directed at this particular person", refers to a judgement or
in personam In person
subpoena directed at a specific named individual. C.f. in rem.
One who represents themselves in court without the [official] assistance of an
in prope persona On one's own person
attorney.
In one's own proper Alternate form of in prope persona. One who represents themselves in court without
in propria persona
person the [official] assistance of an attorney.
in toto In total
inter alia Among others Used to indicate an item cited has been pulled from a larger or more complete list.
Refers to obligations between members of the same group or party, differentiated
inter se Amongst themselves
from the whole party's obligations to another party.
intra Within
Something done which requires legal authority, and the act is performed accordingly.
intra vires Within the powers
C.f.ultra vires.
Used in the context that one event is a direct and immediate consequence of another.
ipso facto By the fact itself
"In and of itself."
jus Law, right Essentially: Law.
The law of the country, state, or locality where the matter under litigation took place.
lex loci The law of the place
Usually used in contract law, to determine which laws govern the contract.
The law does not A law cannot make something illegal that was legal at the time it was performed. See
lex retro non agit
operate retroactively ex post facto law.
Lawsuit elsewhere Refers to requesting a legal dispute be heard that is also being heard by another court.
lis alibi pendens
pending To avoid possibly contradictory judgements, this request will not be granted.
lis pendens Suit pending Often used in the context of public announcements of legal proceedings to come.
locus standi Place of standing The right of a party to appear and be heard before a court.
male fide (In) bad faith A condition of being fraudulent or deceptive in act or belief.
A writ issue by a higher court to a lower one, ordering that court or related officials to
mandamus We command perform some administrative duty. Often used in the context of legal oversight of
government agencies.
One of the requirements for a crime to be committed, the other being actus reus, the
mens rea Guilty mind guilt act. This essentially is the basis for the notion that those without sufficient
mental capability cannot be judged guilty of a crime.
A person's particular way of doing things. Used when using behavioral analysis while
modus operandi Manner of operation
investigating a crime. Often abbreviated "M.O."
motion in limine Motion at the start Motions offered at the start of a trial, often to suppress or pre-allow certain evidence
 or testimony.
Having changed [the A caution to a reader when using one example to illustrate a related but slightly
mutatis mutandis things that] needed to different situation. The caution is that the reader must adapt the example to change
be changed what is needed for it to apply to the new situation.
nemo plus iuris ad alium no one can transfer a
A purchaser of stolen goods will not become the rightful owner thereof, since the
transferre potest quam greater right than he
seller himself was not the owner to begin with.
ipse habet himself has
while the litigation is Court orders used to provide relief until the final judgement is rendered. Commonly
pendente lite
pending used in divorce proceedings.
per capita by head dividing money up strictly and equally according to the number of beneficiaries
A decision delivered by a multi-judge panel, such as an appellate court, in which the
per curiam through the court decision is said to be authored by the court itself, instead of situations where those
individual judges supporting the decision are named.
per incuriam by their neglect A judgement given without reference to precedent.
per se by itself Something that is, as a matter of law.
post mortem after death Refers to an autopsy, or as a qualification as to when some event occurred.
prima facie at first face A matter that appears to be sufficiently based in the evidence as to be considered true.
earlier in time, stronger A legal principle that older laws take precedent over newer ones. Another name for
prior tempore potior iure
in law this principle is lex posterior.
prius quam exaudias ne before you hear, do not
iudices judge
probatio vincit proof overcomes
praesumptionem presumption
pro forma as a matter of form Things done as formalities.
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
pro rata from the rate
lived there less than a full month. The amount charged would be proportional to the
time occupied.
Under Common Law, i.e. a remedy to compute reasonable damages when a contract
has been breached—the implied promise of payment of a reasonable price for goods.
In contract law, for requirements of consideration, reasonable worth for goods
as much as they were
quantum valebant delivered.
worth
Usage: quantum meruit has replaced quantum valebant in consideration;[3] in the case
of contract remedy, quantum valebant is being used less, and could be considered to
be obsolete.
quasi as if Resembling or being similar to something, without actually being that thing.
An equal exchange of goods or services, or of money (or other consideration of equal
quid pro quo this for that
value) for some goods or services.
The point in a legal proceeding, or the legal precedent so involved, which led to the
ratio decidendi Reason for the decision
final decision being what it was.
thing, matter, issue,
res
affair
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. With
res communis common to all
airspace, the difficulty has been to identify where the fee simple holder's rights to the
heavens end. Water is a bit more defined — it is common until captured. [2]
Differing meaning depending on what type of law is involved. May refer to the
res gestae things done complete act of a felony, from start to finish, or may refer to statements given that
may be exempt fromhearsay rules.
the thing speaks for used in tort law when there is no proof of what caused the harm, but it is most likely
res ipsa loquitur
itself only the thing that could have caused the harm
A matter that has been finally adjudicated, meaning no further appeals or legal
res judicata a matter judged
actions by the involved parties is now possible.
(1) Restoration of something, such as a building or damaged property, to its original
condition.
restitutio in integrum total reinstatement
(2) In contract law, when considering breach of contract and remedies, to restore a
party to an original position.[3]
Used when the court is adjourning without specifying a date to re-convene. See also
sine die without day
adjournment sine die.
Refers to some essential event or action, without which there can be no specified
sine qua non without which, nothing
consequence.
To stand by [things]
stare decisis The obligation of a judge to stand by a prior precedent.
decided.
status quo In contract law, in a case of innocent representation, the injured party is entitled to be
status quo ante the state in which replaced in statu quo. Note the common usage is status quo from the Latin status quo
statu quo ante, the "state in which before" or "the state of affairs that existed previously." [3]
1) In property law, condominiums has said to occupy stratum many stories about the
ground.[2]
a covering, from neuter
2) Stratum can also be a societial level made up of individuals with similar status of
stratum past participle of
social, cultural or economic nature.
sternere, to spread
3) Stratum can refer to classification in an organized system along the lines of layers,
levels, divisions, or similar grouping.
sub judice under the judge Refers to a matter currently being considered by the court.
A ruling, order, or other court action made without specifically stating the ruling,
sub silentio under silence order, or action. The effect of the ruling or action is implied by related and
subsequent actions, but not specifically stated.
Refers to a court or other official agency taking some action on its own accord.
suo motu of its own motion
Similar tosua sponte.
supra above Used in citations to refer to a previously cited source.
A completely new trial of a matter previously judged. It specifically refers to a
trial de novo trial anew
replacement trial for the previous one, and not an appeal of the previous decision.
An act that requires legal authority to perform, but which is done without obtaining
ultra vires beyond the powers
that authority.
The power of an executive to prevent an action, especially the enactment of
veto I forbid.
legislation.
vice versa the other way around Something that is the same either way.
vide see Used in citations to refer the reader to another location.
Contraction of videre
videlicet licet, meaning "it is Used in documents to mean "namely" or "that is". Usually abbreviated viz.
permitted to see"
Abbreviation of
viz. Namely
videlicet
injury is not done to the Notion that a person cannot bring a claim against another for injury, if said person
volenti non fit injuria
willing willingly placed themselves in a situation where they knew injury could result.
vigilantibus non Concept that if an opposing party unreasonably delays bringing an action, that it is no
Equity aids the vigilant,
dormientibus aequitas longer considered just to hear their claim, due to fundamental changes in
not the sleeping
subvenit circumstance brought upon by their delay

A
.
Ab initio - From the beginning.
Accessorium non ducit sed sequitur suum principale - An accessory does not draw, but follows its principal.
Accessorius sequitur - One who is an accessory to the crime cannot be guilty of a more serious crime than the
principal offender.
Actio non datur non damnificato - An action is not given to one who is not injured.
Actio personalis moritur cum persona - A personal action dies with the person..
Actori incumbit onus probandi - The burden of proof lies on the plaintiff.
Actus nemini facit injuriam - The act of the law does no one wrong.
Actus non facit reum nisi mens sit rea - The act does not make one guilty unless there be a criminal intent.
Actus reus - A guilty deed or act.
Aedificare in tuo proprio solo non licet quod alteri noceat - It is not lawful to build on one's own land what may
be injurious to another.
Aequitas legem sequitur - Equity follows the law.
Aequitas nunquam contravenit legem - Equity never contradicts the law.
Alibi - At another place, elsewhere.
Animo testandi - With an intention of making a will.
Ante - Before.

B
Bona fide - Sincere, in good faith

Consensu - Unanimously or, by general consent.

Consensus ad idem - Agreement as to the same things.
Contemporanea expositio est optima et fortissima in lege - A contemporaneous exposition is best and most
powerful in law.
Contra - To the contrary.
Contra bonos mores - Against good morals.
Contra non valentem agere nulla currit praescriptio - No prescription runs against a person not able to act.
Contractus est quasi actus contra actum - A contract is an act as it were against an act.
Conventio et modus vincunt legem - A contract and agreement overcome the law.
Conventio privatorum non potest publico juri derogare - An agreement of private persons cannot derogate
from public right.
Corpus - Body.
Corpus delicti - The body, i.e. the gist of crime.
Cujus est dare, ejus est disponere - He who has a right to give has the right to dispose of the gift.
Cujus est solum, ejus est usque ad coelam; et ad inferos - He who owns the soil owns it up to the sky; and to its
depth.
Cum duo inter se pugnantia reperiuntur in testamentis ultimum ratum est - When two things repugnant to
each other are found in a will, the last is to be confirmed.

Damnum sine injuria - damage without legal injury.

De die in diem - From day to day.
De facto - In fact.
De futuro - In the future.
De integro - As regards the whole.
De jure - Rightful, by right.
De novo - Starting afresh.

Ei incumbit probatio qui - The onus of proving a fact rests upon the man.
Ei incumbit probatio qui dicit, non qui negat - The burden of the proof lies upon him who affirms, not he who
denies.
Ex nudo pacto actio non oritur - No action arises on a contract without a consideration.
Ex parte - Proceeding brought by one person in the absence of another.
Ex post facto - By reason of a subsequent act.
Ex praecedentibus et consequentibus optima fit interpretatio - The best interpretation is made from things
preceding and following.

I
Idem - The same person or thing.
Ignorantia facti excusat, ignorantia juris non excusat - Ignorance of fact excuses, ignorance of law does not
excuse.

In jure non remota causa sed proxima spectatur - In law not the remote but the proximate cause is looked at.
In limine - At the outset, on the threshold.
In pari delicto potior est conditio possidentis - When the parties are equally in the wrong the condition of the
possessor is better.
In personam - Against the person.
In quo quis delinquit in eo de jure est puniendus - In whatever thing one offends in that he is to be punished
according to law.
In re dubia magis inficiatio quam affirmatio intelligenda - In a doubtful matter the negative is to be understood
rather than the affirmative.
Injuria non excusat injuriam - A wrong does not excuse a wrong.
Inter alia - Amongst other things.
Interest reipublicae res judicatas non rescindi - It is in the interest of the State that things adjudged be not
rescinded.
Interest reipublicae suprema hominum testamenta rata haberi - It is in the interest of the State that mens last
wills be sustained.
Interest reipublicae ut quilibet re sua bene utatur - It is in the interest of the State that every one use properly
his own property.
Interest reipublicase ut sit finis litium - It is in the interest of the State that there be an end to litigation.
Interim - Temporary, in the meanwhile.
Interpretare et concordare leges legibus est optimus interpretandi modus - To interpret and harmonize laws is
the best method of interpretation.
Interpretatio fienda est ut res magis valeat quam pereat - Such a construction is to be made that the thing may
have effect rather than it should fail.
Interruptio multiplex non tollit praescriptionem semel obtentam - Repeated interruption does not defeat a
prescription once obtained.
Ipso facto - By that very fact.

Judex est lex loquens - A judge is the law speaking.

Judex non potest esse testis in propira causa - A judge cannot be witness in his own cause.
Judex non potest injuriam sibi datam punire - A judge cannot punish a wrong done to himself.
Judex non reddit plus quam quod petens ipse requirit - A judge does not give more than the plaintiff himself
demands.
Judiciis posterioribus fides est adhibenda - Faith must be given to later decisions.
Judicis est judicare secundum allegata et probata - It is the duty of a judge to decide according to the
allegations and the proofs.
Judicium non debet esse illusorium, suum effectum habere debet - A judgment ought not to be illusory; it ought
to have its proper effect.
Juduces non tenentur exprimere causam sententiae suae - Judges are not bound to explain the reason of their
judgment.
Jura publica anteferenda privatis juribus - Public rights are to be preferred to private rights.

Leges posteriores priores contrarias abrogant - Subsequent laws repeal prior conflicting ones.
Lex non novit patrem, nec matrem; solam veritatem - The law does not know neither father nor mother, only
the truth.

Mandamus - We command.
Mens rea - Guilty state of mind.
Mentiri est contra mentem ire - To lie is to act against the mind.

N
Necessitas publica est major quam privata - Public necessity is greater than private necessity.
Nemo bis punitur pro eodem delicto - No one can be twice punished for the same offence.
Nemo cogitur suam rem vendere, etiam justo pretio - No one is bound to sell his own property, even for a just
price.
Nemo contra factum suum venire potest - No man can contradict his own deed.
Nemo debet esse judex in propria causa - No one can be judge in his own case.
Nemo plus juris transferre ad alium potest quam ipse habet - No one can transfer to another a larger right than
he himself has.
Nisi - Unless

Pacta privata juri publico non derogare possunt - Private contracts cannot derogate from public law.
Par delictum - Equal fault.
Pendente lite nihil innovetur - During litigation nothing should be changed.
Per curiam - In the opinion of the court.
Post mortem - After death.
Prima facie - On the face of it.
Pro rata - In proportion.

Quid pro quo - Consideration. something for something.

Quidcquid plantatur solo, solo cedit - Whatever is planted in or affixed to the soil, belongs to the soil.

R
Res - Matter, affair, thing, circumstance.
Res gestae - Things done.
Res integra - A matter untouched (by decision).
Res judicata accipitur pro veritate - A thing adjudged is accepted for the truth.
Res nulis - Nobodys property. Escheat

Stare decisis - To stand by decisions (precedents).

Sub silentio - In silence.
Suppressio veri - The suppression of the truth.
Suppressio veri expressio falsi - A suppression of truth is equivalent to an expression of falsehood.

Ubi eadem ratio ibi idem jus, et de similibus idem est judicium - When there is the same reason, then the law is
the same, and the same judgment should be rendered as to similar things.
Ubi jus ibi remedium est - Where there is a right there is a remedy.

Vice versa - The other way around.

Vide - See.
Vigilantibus non dormientibus jura subveniunt - The laws serve the vigilant, not those who sleep.
Volenti non fit injuria - An injury is not done to one consenting to it.

English
Term or phrase Literal translation Definition and use
pronunciation

"Commonly used referring to the time a

contract, statute, marriage, or deed
ab initio from the beginning /ˌæb ɪˈnɪʃi.oʊ/
become legal. e.g The couple was covered
ab initio by her health policy."[1]

Part of what proves criminal liability (with

actus reus guilty act /ˌæktəs ˈriː.əs/
mens rea)

Generally signifies a solution designed for

a specific problem or task, non-
ad hoc for this /ˌæd ˈhɒk/
generalizable, and not intended to be able
to be adapted to other purposes.

ad idem to the same thing In agreement. /ˌæd ˈaɪdəm/

ad valorem according to value /ˌæd vəˈlɔərɛm/

When an assembly adjourns without

adjournment sine die adjournment without a day /ˌsaɪniː ˈdaɪ.iː/
setting a date for its next meeting.

affidavit he has sworn A formal statement of fact. /ˌæfɨˈdeɪvɨt/

amicus curiae friend of the court A person who offers information to a /əˈmaɪkəs
 court regarding a case before it. ˈkjʊəri.iː/

animus contrahendi contractual intent Intention to contract

The subjective state of mind of the author

of a crime, with reference to the exact
animus nocendi intention to harm knowledge of illegal content of his
behaviour, and of its possible
consequences.

"In order to claim possessory rights, an

individual must establish physical control
animus possidendi intention to possess
of the res and the intention to possess
(i.e. animus possidendi)"[2]

"Wild animals, such as bees and homing

pigeons, that by habit go 'home' to their
animus revertendi intention to return
possessor. Used when discussing ferae
naturae."[2]

ante before

(in) arguendo for the sake of argument

Refers to the idea that one cannot be

Audi alteram partem hear the other side fairly judged unless the cases for and
against them have been heard.

Implies sincere good intention regardless

bona fide in good faith. /ˈboʊnə ˈfaɪdiː/
of outcome.

In addition to the general warning, also

refers to a legal doctrine wherein a buyer
/ˈkævi.æt
Caveat emptor Let the buyer beware could not get relief from a seller for
ˈɛmptɔr/
defects present on property which
rendered it unfit for use.

/ˌsɜrʃi.əˈrɛəraɪ/,
Certiorari To be apprised A type of writ seeking judicial review.
/ˌsɜrʃi.əˈrɛəriː/

Meeting of the minds, mutual assent, or

concurrence of wills. Parties must be of
consensus ad idem Agreement to the same one mind and their promises must relate
to the same subject or object[3] Also
consensus in idem.

Stipulates that when two or more persons

consensus facit arrive at a good faith agreement, the law
Consensus makes the law
legem will insist on that agreement being carried
out.

Where no laws apply to a given situation,

consuetudo pro lege
Custom is held as law the customs of the place and time will
servatur
have the force of law.

Used in case citations to indicate that the

contra Against cited source directly contradicts the point
being made.

contra bonos mores Against good morals Contracts so made are generally illegal
 and unenforceable.

Used when a court or tribunal hands

contra legem Against the law down a decision that is contrary to the
laws of the governing state.

Contradictio in
Contradiction in itself A contradiction in terms.
adjecto

Used in contract law to stipulate that an

ambiguous term in a contract shall be
interpreted against the interests of the
Against the one bringing party that insisted upon the term's
contra proferentem
forth inclusion. Prevents the intentional
additions of ambiguous terminology from
being exploited by the party who insisted
on its inclusion.

A person cannot be convicted of a crime,

corpus delicti Body of the crime unless it can be proven that the crime was /ˈkɔrpəs dɨˈlɪktaɪ/
even committed.

Generally refers to a type of labor in

de die in diem From day to day which the worker is paid fully at the
completion of each day's work.

Literally "from fact"; often used to mean

something that is true in practice, but has
de facto In fact
not been officially instituted or endorsed.
"For all intents and purposes". Cf. de jure.

de futuro Concerning the future At a future date.

Often used to mean "start it all over", in

de integro Concerning the whole
the context of "repeat de integro".

Literally "from law"; something that is

de jure According to law established in law, whether or not it is
true in general practice. Cf. de facto.

Used in the context of "how the law

de lege ferenda Of the law as it should be should be", such as for proposed
legislation.

Concerning the law as it exists, without

de lege lata Of the law as it is
consideration of how things should be.

That which has been

delegatus non potest
delegated, cannot delegate
delegare
[further]

Often used in the context of "trial de

de novo Anew novo"—a new trial ordered when the
previous one failed to reach a conclusion.

A statement given some weight or

dictum (thing) said consideration due to the respect given the
person making it.
dubia in meliorem
Doubtful things should be Often spoken as "to give the benefit of the
partem interpretari
interpreted in the best way doubt."
debent

ei incumbit probatio Proof lies on him who The concept that one is innocent until
qui dicit asserts. proven guilty.

Known as a "canon of construction", it

states that when a limited list of specific
things also includes a more general class,
ejusdem generis Of the same class.
that the scope of that more general class
shall be limited to other items more like
the specific items in the list.

Something done voluntarily and with no

ex gratia By favor expectation a legal liability arising
therefrom.

ex injuria jus non Law does not arise from A principle in international law that unjust
oritur injustice acts cannot create laws.

Something done or realized by the fact of

ex officio From the office
holding an office or position.

A decision reached, or case brought, by or

ex parte From [for] one party for one party without the other party
being present.

ex post From after Based on knowledge of the past.

From a thing done

ex post facto Commonly said as "after the fact."
afterward

A retroactive law. E.g. a law that makes a

ex post facto law past act illegal that was not illegal when
it was done.

When items are listed, anything not

expressio unius est The express mention of one
explicitly stated is assumed to not be
exclusio alterius thing excludes all others
included.

Commonly spoken as "by one's own

ex proprio motu By [one's] own motion
accord."

Abbreviation of ex relatione. Used when

[arising] out of the the government brings a case that arises
ex rel
narration [of the relator] from the information conveyed to it by a
third party ("relator").

ex turpi causa non From a dishonorable cause A party cannot bring a legal action for
oritur actio an action does not arise consequences of his own illegal act.

exempli gratia For the sake of example Usually abbreviated "e.g.".

Term used in contract law to specify

terms that are voided or confirmed in
ex tunc From then
effect from the execution of the contract.
Cf. ex nunc.

ex nunc From now on Term used in contract law to specify

terms that are voided or confirmed in
 effect only in the future and not prior to
the contract, or its adjudication. Cf. ex
tunc.

Refers to things that are currently existing

extant Existing at a given point, rather than things that
are no longer so.

1. an assured statement made; 2.

completion of a will and all its parts to
factum Deed
make it valid and legal; 3). book of facts
and law presented in a Canadian court

A type of contract wherein one party

agrees to do work for the other, in order
facio ut facias I do, that you may do
that the second party can then perform
some work for the first in exchange.

A concept in treaty law that prefers the

favor contractus Favor of the contract maintaining of a contract over letting it
expire for purely procedural reasons.

A suicide. This archaic term stems from

English common law, where suicide was
felo de se Felon of himself legally a felony, thus a person who
committed suicide was treated as a felon
for purposes of estate disposal.

Wild animals residing on unowned

property do not belong to any party in a
ferae naturae Wild animals by nature
dispute on the land. Opposite of domitae
naturae (above)

A warrant issued by a judge for some

fiat Let it be done
legal proceedings.

Fiat justitia et pereat Let there be justice, though Often used as a motto, notably by
mundus the world perish. Ferdinand I, Holy Roman Emperor.

Also sometimes a motto, a legal maxim

fiat justitia ruat Let justice be done though
that justice must be done regardless of
caelum the heavens fall.
the result otherwise.

A writ ordering the local law enforcement

to ensure that damages awarded by the
fieri facias May you cause to be done
court are properly recovered. A writ of
execution.

fortis When determining whether a chattel is a

attachiamentum, strong attachment, the fixture: "size doesn't matter, how much or
validior stronger presumption degree chattel is attached to 'land' and to
praesumptionem 'what' "

A concept wherein a court refuses to hear

forum non a particular matter, citing a more /ˈfɔərəm nɒn kən
Disagreeable forum
conveniens appropriate forum for the issue to be ˈviːni.ɛnz/
decided.

fructus industriales Industrial fruits Emblements; in property law, a co-owner

profitng from her or his fructus
 industriales is solely responsible for any
losses that my occur.[2] (vs. fructus
naturales, see below)

Vegetation naturally growing from old

roots (as pasturage) or from trees (as
fructus naturales Natural fruits
timber or fruit) (vs. fructus industriales,
see above)

Refers to having a sufficient legal basis to

fumus boni iuris Smoke of a good right
bring legal action.

A person, court, statute, or legal

document that has no legal authority,
functus officio Having performed his office
because its original legal purpose has
been fulfilled.

Specifies that a certain matter of law be

generalia specialibus The general does not covered by the most specific laws
non derogant detract from the specific. pertaining, in the event that broader laws
conflict with the specific one.

The basic element or complaint of a

gravamen Things weighing down /ɡrəˈveɪmɛn/
lawsuit.

An independent party appointed in family

law disputes to represent parties that
guardian ad litem Guardian for the case. cannot represent themselves, such as
minors, developmentally disabled, or
elderly.

A writ used to challenge the legality of

detention. Orders the detaining party to
habeas corpus May you have the body "have the (living) body" of the detained /ˈheɪbi.əs ˈkɔrpəs/
brought before the court where the
detention will be investigated.

hostis humani A party considered to be the enemy of all

Enemy of the human race
generis nations, such as maritime pirates.

Abbreviation of id est, meaning "that is",

i.e. That is in the sense of restating something that
may not have been clear.

Abbreviation of ibidem, meaning "in the

same place. Used when citing sources, to
ibid. In the same place
indicate the cited source came from the
identical location as the preceding one.

Used in citations to indicate the cited

source came from the same source as the
idem The same
preceding one, though not necessarily the
same page or location. Cf. ibid.

A principle that states that not having

ignorantia juris non Ignorance of the law does
knowledge of a law is not an excuse for
excusat not excuse
breaking it.

imprimatur Let it be printed. An authorization for a document to be

printed. Used in the context of approval
 by a religious body or other censoring
authority.

A legal proceeding conducted without the

presence of one party is said to be
in absentia In absence
conducted in absentia, e.g., trial in
absentia or being sentenced in absentia.

Often used in probate law, as well as for

In articulo mortis at the moment of death testimony in the sense of a dying
declaration.

Conducted in private, or in secret. The

in camera In the chamber
opposite of in open court.

Conducted in open court. The opposite of

in curia In court
in camera.

Actually existing in reality. Opposite of in

in esse In existence
posse.

In extended form, or at full length. Often

used to refer to publication of documents,
in extenso In the extended
where it means the full unabridged
document is published.

In extreme circumstances. Often used to

in extremis In the extreme
refer to "at the point of death."

Caught in the actual act of committing a

crime. Often used as a euphemism for a
in flagrante delicto In blazing offense couple caught in the act of sexual
intercourse, though it technically refers to
being "caught in the act" of any misdeed.

Someone unable to afford the costs

associated with a legal proceeding. As
this will not be a barrier to seeking justice,
/ɪn ˌfɔrmə
in forma pauperis In the manner of a pauper such persons are given in forma pauperis
ˈpɔːpərɨs/
status (usually abbreviated IFP), wherein
most costs are waived or substantially
reduced.

Refers to things to come, or things that

may occur later but are not so now. As in
in futuro In the future /ɪn fjuːˈtjʊəroʊ/
in futuro debts, i.e. debts which become
due and payable in the future.

Used when including text in a complaint

verbatim, where its appearance in that
in haec verba In these words
form is germane to the case, or is
required to be included.

A motion to a judge in a case that is heard

in limine At the threshold and considered outside the presence of
the jury.

in loco parentis In the place of a parent Used to refer to a person or entity /ɪn ˌloʊkoʊ pə
assuming the normal parental ˈrɛntɨs/
responsibilities for a minor. 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.

A type of retroactive law that

in mitius In the milder decriminalizes offenses committed in the
past. Also known as an amnesty law.

Used to mean "in every respect."

in omnibus In all Something applying to every aspect of a
situation.

Used when both parties to a case are

in pari delicto In equal offense
equally at fault.

Refers to a situation where a law or

statute may be ambiguous, and similar
in pari materia In the same matter
laws applying to the matter are used to
interpret the vague one.

Used in the context of "directed at this

particular person", refers to a judgement
in personam In person
or subpoena directed at a specific named
individual. Cf. in rem.

in pleno In full

One who represents themselves in court

in prope persona On one's own person without the [official] assistance of an
attorney.

Alternate form of in prope persona. One

who represents themselves in court
in propria persona In one's own proper person
without the [official] assistance of an
attorney.

Used in the title of a decision or comment

to identify the matter they are related to;
usually used for a case where the
proceeding is in rem or quasi in rem and
not in personam (e.g. probate or bankrupt
in re In the matter [of] /ɪn ˈriː/
estate, guardianship, application for
laying out a public highway) and
occasionally for an ex parte proceeding
(e.g. application for a writ of habeas
corpus).

Used in the context of a case against

property, as opposed to a particular
in rem About a thing /ɪn ˈrɛm/
person. See also in rem jurisdiction. Cf. in
personam.

Often used in the context of decisions or

/ɪn ˈsaɪtjuː/, /ɪn
in situ In position rulings about a property or thing "left in
ˈsɪtjuː/
place" after the case as it was before.

in solidum For the whole Jointly and severally; where a group of

persons share liability for a debt, such as
 co-signers to a loan, the debtor can sue a
single party in solidum, that is, to recover
the entire amount owed.

A warning or threat to sue, made in the

in terrorem In order to frighten hopes of convincing the other party to
take action to avoid a lawsuit.

A clause in a will that threatens any party

Clause "in order to who contests the will with being
in terrorem clause
frighten" disinherited. Also called a no-contest
clause.

in toto In total /ɪn ˈtoʊtoʊ/

Often used in copyright notices. Refers to

indicia Indications distinctive markings that identify a piece
of intellectual property.

infra Below or under

An intimation about someone or

something, made indirectly or vaguely
innuendo By nodding suggesting the thing being implied. Often
used when the implied thing is negative or
derogatory.

Used to indicate an item cited has been

inter alia Among others pulled from a larger or more complete /ˌɪntər ˈeɪli.ə/
list.

A concept that during war, many illegal

inter arma enim For among arms, the laws activities occur. Also taken to mean that
silent leges fall silent in times of war, laws are suppressed,
ostensibly for the good of the country.

Refers to contract, debts, or other

inter rusticos Among rustics agreements made between parties who
are not legal professionals.

Refers to obligations between members

of the same group or party, differentiated
inter se Amongst themselves
from the whole party's obligations to
another party.

Refers to a gift or other non-sale transfer

between living parties. This is in contrast
inter vivos Between the living /ˌɪntər ˈvaɪvɒs/
to a will, where the transfer takes effect
upon one party's death.

intra Within

This term refers to a nation's territorial

intra fauces terra Within the jaws of the land
waters.

Used in various contexts to refer to the

intra legem Within the law
legal foundation for a thing.

intra vires Within the powers Something done which requires legal
authority, and the act is performed
 accordingly. Cf. ultra vires.

An assertion given undue weight solely by

ipse dixit He himself said it /ˈɪpsiː ˈdɪksɨt/
virtue of the person making the assertion.

Referring to a document or ruling that is

ipsissima verba The very words
being quoted by another.

Used in the context that one event is a

ipso facto By the fact itself direct and immediate consequence of /ˈɪpsoʊ ˈfæktoʊ/
another. "In and of itself."

ipso jure the law itself By operation of law

A principle that calculation errors made

by the court do not invalidate the
judgement on a technicality. Also taken to
The judge does not mean that the judge does not tally up the
iudex non calculat
calculate arguments of both sides and decide in
favor of the more numerous, but rather
weighs all of the evidence without regard
to the number of arguments made.

Concept that parties to a case do not

need to define how the law applies to
jura novit curia The court knows the law
their case. The court is solely responsible
for determining what laws apply.

Appears at the end of an affidavit, where

the party making the affirmation signs the
jurat (He) swears
oath, and the information on whom the
oath was sworn before is placed.

Irrebuttable or conclusive presumptions of

juris et de jure Of law, and from law law. One cannot argue against, or try to
otherwise refute these.

jus Law, right Essentially: law.

(1) Right of survivorship: In property law,

on the death of one joint tenant, that
tenant's interest passes automatically to
the surviving tenant(s) to hold jointly until
the estate is held by a sole tenant. The
only way to defeat the right of
survivorship is to sever the joint tenancy
Right of survivorship; right
jus accrescendi during the lifetime of the parties, the right
of accrual
of survivorshop takes priority over a will
or interstate accession rules.[2] (2) (Civil
law) right of accrual: Right of the
beneficiary to succeed proportionately to
a benefit that another beneficiary in the
same will cannot or does not want to
take.

jus ad bellum Laws to war Refers to legalities considered before

entering into a war, to ensure it is legal to
go to war initially. Not to be confused
 with ius in bello (q.v.), the "laws of war"
concerning how war is carried out.

A codified set of laws concerning citizenry,

jus civile Civil law
and how the laws apply to them.

Internationally agreed laws that bear no

deviation, and do not require treaties to
jus cogens Compelling law
be in effect. An example is law prohibiting
genocide.

Not actually referring to common law,

this term refers to common doctrine and
jus commune Common law
principles of civil law that underlie all
aspects of the legal system.

Customary law followed by all nations.

Nations being at peace with one another,
jus gentium Law of nations without having to have an actual peace
treaty in force, would be an example of
this concept.

Laws governing the conduct of parties in

jus in bello Law in war
war.

Laws governing treaties and international

jus inter gentes Law between the peoples
agreements.

Laws common to all people, that the

jus naturale Natural law average person would find reasonable,
regardless of their nationality.

Supposed right of the lord of an estate to

jus primae noctis Right of the first night take the virginity of women in his estate
on their wedding night.

Right of a third-party beneficiary to sue in

jus quaesitum tertio Right to third-party relief order to enforce a third-party contract
(i.e., the opposite of privity of contract).

Social law concept wherein citizenship of

/ˈdʒʌs
jus sanguinis Right of blood a nation is determined by having one or
ˈsæŋɡwɨnɨs/
both parents being citizens.

Social law concept wherein citizenship of

jus soli Right of soil /ˈdʒʌs ˈsoʊlaɪ/
a nation is determined by place of birth.

Arguments made by a third party in

disputes over possession, the intent of
jus tertii Law of the third which is to question one of the principal
parties' claims of ownership or rights to
ownership.

A situation arising that is not covered by

any law. Generally used in International
lacunae Void, gap
Law, as all countries codify according to
their own systems of law.

leges humanae The laws of man are born, Illustrates that laws are made, are in
nascuntur, vivunt, force for a period, and then become
moriuntur live, and die obsolete.

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
lex commissoria
paid on a contract of sale shall be
forfeited and the sale rescinded if
outstanding payments are defaulted. Also
known as a pactum commissorium.

Alternate form of jus commune. Refers to

lex communis Common law. common facets of civil law that underlie
all aspects of the law.

lex lata The law borne The law as it has been enacted

The law of the country, state, or locality

where the matter under litigation took
lex loci The law of the place place. Usually used in contract law, to /ˈlɛks ˈloʊkaɪ/
determine which laws govern the
contract.

lex posterior derogat Later law removes the More recent law overrules older ones on
priori earlier the same matter.

A law cannot make something illegal that

The law does not operate
lex retro non agit was legal at the time it was performed.
retroactively
See ex post facto law.

Law that specifically codifies something,

lex scripta Written law as opposed to common law or customary
law.

Where several laws apply to the same

lex specialis derogat Specific law takes away
situation, the more specific one(s) take
legi generali from the general law
precedence over more general ones.

An aspect of a unanimous voting system,

liberum veto Free veto whereby any member can end discussion
on a proposed law.

A language common to an area that is

spoken by all, even if not their mother
tongue. Term derives from the name
lingua franca The Frankish language
given to a common language used by
traders in the Mediterranean basin dating
from the Middle Ages.

Refers to requesting a legal dispute be

heard that is also being heard by another
lis alibi pendens Lawsuit elsewhere pending court. To avoid possibly contradictory
judgements, this request will not be
granted.

Often used in the context of public

lis pendens Suit pending announcements of legal proceedings to
come. Compare pendente lite (below).
locus Place

Shorthand version of Lex locus delcti

locus delicti Place of the crime
commissi. The "scene of the crime".

The location where a cause of action

locus in quo The place in which
arose.

When one party withdraws from a

locus poenitentiae Place of repentance
contract before all parties are bound.

The right of a party to appear and be

locus standi Place of standing /ˈloʊkəs ˈstændaɪ/
heard before a court.

A condition of being fraudulent or

mala fide (In) bad faith
deceptive in act or belief.

evil acts are distinguished

evil acts are distinguished from evil
maleficia propositis from (evil) purposes/crimes
purposes[4] crimes are distinguished by the
distinguuntur are distinguished by evil
intention[5]
intent

Something considered a universal wrong

malum in se Wrong in itself or evil, regardless of the system of laws in
effect.

Something wrong or illegal by virtue of it

malum prohibitum Prohibited wrong being expressly prohibited, that might not
otherwise be so.

A writ issue by a higher court to a lower

one, ordering that court or related
mandamus We command officials to perform some administrative /mænˈdeɪməs/
duty. Often used in the context of legal
oversight of government agencies.

A body of water under the jurisdiction of a

mare clausum Closed sea state or nation, to which access is not /ˈmɛərriː ˈklɔːzəm/
permitted, or is tightly regulated.

A body of water open to all. Typically a

mare liberum Open sea synonym for International Waters, or in
other legal parlance, the "High Seas".

One of the requirements for a crime to be

committed, the other being actus reus,
the guilt act. This essentially is the basis
mens rea Guilty mind /ˈmɛns ˈriː.ə/
for the notion that those without
sufficient mental capability cannot be
judged guilty of a crime.

A person's particular way of doing things. /ˈmoʊdəs ɒpə

Used when using behavioral analysis ˈrændaɪ/,
modus operandi Manner of operation
while investigating a crime. Often /ˈmoʊdəs ɒpə
abbreviated "M.O." ˈrændiː/

Delay in payment or performance in the

mora accipiendi Delay of creditor
part of the creditor or obligor

mora solvendi delay of debtor Delay in payment or performance in the

 part of the debtor or the obligee

Gift or trust that is made in contemplation

mortis causa In contemplation of death
of death

That which is the usual custom has the

mos pro lege Custom for law
force of law.

Motions offered at the start of a trial,

motion in limine Motion at the start often to suppress or pre-allow certain
evidence or testimony.

A caution to a reader when using one

example to illustrate a related but slightly
Having changed [the things different situation. The caution is that the
mutatis mutandis
that] needed to be changed reader must adapt the example to change
what is needed for it to apply to the new
situation.

Shortened version of ne exeat repiblica:

"let him not exit the republic". A writ to
Let him not exit [the
ne exeat prevent one party to a dispute from /ˈniː ˈɛksi.æt/
republic]
leaving (or being taken) from the court's
jurisdiction.

Prohibition against double jeopardy. A

ne bis in idem Not twice in the same legal action cannot be brought twice for
the same act or offense.

Quasi-contractual obligation arising from

good works affecting other people,
negotiorum gestio Management of estate obliging the benefited party (dominus
negotii) to reimburse the gestor for the
cost that was used in doing good works

nemo auditur
propriam no one can be heard, who Nobody can bring a case that stems from
turpitudinem invokes his own guilt their own illegal act
allegans

If someone purchases something that the

nemo dat quod non no one gives what he does seller has no right to (such as stolen
habet not have property), the purchaser will likewise have
no legal claim to the thing bought.

In the past it was thought that it included

nemo debet esse no one shall be a judge in just two rules namely (1) nemo debet esse
iudex in propria his own case judex in propria causa (no one shall be a
judge in his own case)

Prevents conflict of interest in courts.

nemo judex in sua no one shall be a judge in Often invoked when there is really no
causa his own case conflict, but when there is even the
appearance of one.

nemo plus iuris ad A purchaser of stolen goods will not

no one can transfer a
alium transferre become the rightful owner thereof, since
greater right than he
potest quam ipse the seller himself was not the owner to
himself has
habet begin with.
 A judgement rendered in the absence of a
nihil dicit he says nothing plea, or in the event one party refuses to
cooperate in the proceedings.

A decree that does not enter into force

nisi unless unless some other specified condition is /ˈnaɪsaɪ/
met.

Refers to the court of original jurisdiction

nisi prius unless first /ˈnaɪsaɪ ˈpraɪ.əs/
in a given matter.

A statement from the prosecution that

nolle prosequi Not to prosecute they are voluntarily discontinuing (or will /ˈnɒliː ˈprɒsɨkwaɪ/
not initiate) prosecution of a matter.

A type of plea whereby the defendant

/ˈnoʊloʊ kɒn
nolo contendere I do not wish to dispute neither admits nor denies the charge.
ˈtɛndɨriː/
Commonly interpreted as "No contest."

In the case where a contract imposes

specific obligations on both parties, one
non adimpleti Of a non-completed
side cannot sue the other for failure to
contractus contract
meet their obligations, if the plaintiff has
not themselves met their own.

not in possession of [one's] not having mental capacity to perform

non compos mentis
mind some legal act

Refers to information given by one who is

not supposed to give testimony, such as
non constat it is not certain an attorney bringing up new information
that did not come from a witness. Such
information is typically nullified.

A method whereby a signatory to a

contract can invalidate it by showing that
non est factum It is not [my] deed his signature to the contract was made
unintentionally or without full
understanding of the implications.

Reported by a sheriff on writ when the

non est inventus He is not found defendant cannot be found in his county
or jurisdiction.

Performing some illegal action is not

excused by the fact that a positive result
came therefrom. Often used to argue that
non faciat malum, ut not to do evil that good some forms of expression, such as graffiti
inde veniat bonum may come or pornographic films, cannot be given
the protection of law (e.g. copyright) as
they are or may be considered illegal or
morally reprehensible.

A type of verdict where positive guilt or

innocence cannot be determined. Also
non liquet it is not clear
called "not proven" in legal systems with
such verdicts.

non obstante notwithstanding the A circumstance where the judge may

 override the jury verdict and reverse or
verdicto verdict
modify the decision.

a break in causation (and therefore

novus actus a new action coming
probably liability) because something else
interveniens between
has happened to remove the causal link

An ambiguous word or term can be

clarified by considering the whole context
noscitur a sociis it is known by friends
in which it is used, without having to
define the term itself.

A term used to direct the reader to

nota bene note well cautionary or qualifying statements for
the main text.

An unenforceable promise, due to the

nudum pactum naked promise absence of consideration or value
exchanged for the promise.

Notation made when a defendant has no

nulla bona no goods tangible property available to be seized in
order to comply with a judgement.

One cannot be prosecuted for doing

nulla poena sine lege no penalty without a law
something that is not prohibited by law.

One cannot be prosecuted for doing

something that was not prohibited by law
nullum crimen, nulla no crime, no punishment
at the time and place it was committed,
poena sine praevia without a previous penal
notwithstanding laws made since that
lege poenali law
time. A form of prohibition on retroactive
laws.

An action by a court to correct a previous

nunc pro tunc now for then
procedural or clerical error.

in law, an observation by a judge on some

point of law not directly relevant to the
case before him, and thus neither
obiter dictum a thing said in passing requiring his decision nor serving as a
precedent, but nevertheless of persuasive
authority. In general, any comment,
remark or observation made in passing

onus probandi Burden of proof

pacta sunt servanda agreements must be kept A fundamental principle of law

Used when both parties to a dispute are

par delictum equal fault
at fault

Refers to the power of the State to act as

parens patriae parent of the nation parent to a child when the legal parents
are unable or unwilling.

Equal ranking, equal priority (usually

pari passu on equal footing
referring to creditors)

pater familias father of the family The head of household, for purposes of
 considering the rights and responsibilities
thereof. (Civil law) bonus paterfamilias: a
standard of care equivalent to the
common law ordinary reasonable man.

Court orders used to provide relief until

while the litigation is the final judgement is rendered.
pendente lite
pending Commonly used in divorce proceedings.
The adverbial form of lis pendens (above).

dividing money up strictly and equally

per capita by head
according to the number of beneficiaries

per contra by that against Legal shorthand for "in contrast to"

A decision delivered by a multi-judge

panel, such as an appellate court, in
which the decision is said to be authored
per curiam through the court /ˌpɜrr ˈkjʊəri.æm/
by the court itself, instead of situations
where those individual judges supporting
the decision are named.

A judgement given without reference to

per incuriam by their neglect
precedent.

Used as a defense, when illegal acts were

per minas through threats
performed under duress

Employed when an adult brings suit on

by or through the next behalf of a minor, who was unable to
per proxima amici
friend maintain an action on his own behalf at
common law.

Used in legal documents in the same

sense as "whereby". A per quod
per quod by which statement is typically used to show that
specific acts had consequences which
form the basis for the legal action.

per se by itself Something that is, as a matter of law.

An estate of a decedent is distributed per

per stirpes by branch stirpes, if each branch of the family is to
receive an equal share of an estate.

A condition given to support requests for

periculum in mora danger in delay urgent action, such as a protective order
or restraining order.

A person who is officially considered

/pərˈsoʊnə nɒn
unwelcome by a host country in which
ˈɡrɑːtə/, /pər
persona non grata unwelcome person they are residing in a diplomatic capacity.
ˈsoʊnə nɒn
The person is typically expelled to their
ˈɡreɪtə/
home country.

A body of armed citizens pressed into

/ˈpɒsiː ˌkɒmɨ
posse comitatus power of the county service by legal authority, to keep the
ˈteɪtəs/
peace or pursue a fugitive.
 Refers to an autopsy, or as a qualification
post mortem after death
as to when some event occurred.

Used in reference to intellectual property

post mortem
after the author's death rights, which usually are based around
auctoris
the author's lifetime.

The Roman praetor (magistrate)

praetor peregrinus magistrate of foreigners responsible for matters involving non-
Romans.

A matter that appears to be sufficiently

prima facie at first face based in the evidence as to be considered /ˈpraɪmə ˈfeɪʃi.iː/
true.

(1) A legal principle that older laws take

precedent over newer ones. Another
name for this principle is lex posterior. (2)
prior tempore potior earlier in time, stronger in (Scots law, civil law), usually translated as
iure law "prior in time, superior in right", the
principle that someone who registers (a
security interest) earlier therefore ranks
higher than other creditors.

prius quam exaudias before you hear, do not

ne iudices judge

probatio vincit proof overcomes

praesumptionem presumption

pro bono For good Professional work done for free. /ˈproʊ ˈboʊnoʊ/

/ˈproʊ ˈboʊnoʊ
pro bono publico For the public good
ˈpʌblɨkoʊ/

pro forma as a matter of form Things done as formalities.

Refers to a lawyer who is allowed to

participate (only) in a specific case,
pro hac vice For this turn
despite being in a jurisdiction in which he
has not been generally admitted

Abbreviation of propria
Representing oneself, without counsel.
pro per persona, meaning "one's
Also known as pro se representation.
own person"

A calculation adjusted based on a

proportional value relevant to the
calculation. An example would be a
tenant being charged a portion of a
pro rata from the rate
month's rent based on having lived there
less than a full month. The amount
charged would be proportional to the
time occupied.

Representing oneself, without counsel. /ˌproʊ ˈsiː/, /ˌproʊ

pro se for himself
Also known as pro per representation. ˈseɪ/
 A partial payment of an award or claim,
pro tanto for so much
based on the defendant's ability to pay.

Abbreviation of pro
Something, such as an office held, that is
pro tem tempore, meaning "for the
temporary.
time being"

Something, such as an office held, that is

pro tempore for the time being
temporary.

Refers to one reperesenting themselves

propria persona proper person without the services of a lawyer. Also
known as pro per representation.

Used to cite something that has already

been admitted into the record. It was
frequently used in pleadings, generally
prout patet per abbreviated "prout &c.", to indicate that
as appears in the record
recordum a fact was supported by documentary
evidence. Failure to use this phrase
correctly could be a fatal defect and so
cause a case to fail.[6]

qua which; as In the capacity of

The question is raised. Used to declare

quareitur it is sought that a question is being asked in the
following verbiage.

Used in legal drafts to call attention to

quaere query some uncertainty or inconsistency in the
material being cited.

quantum how much

In contract law, a quasi-contractual

remedy that permits partial reasonable
payment for an incomplete piece of work
(services and/or materials), assessed
proportionately, where no price is
established when the request is made.[3]
as much as it deserves; as In contract law, and in particular the
quantum meruit much as she or he has requirement for consideration, if no fixed
earned[3] 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.[3]

quantum valebant as much as they were Under Common Law, i.e. a remedy to
worth compute reasonable damages when a
contract has been breached—the implied
promise of payment of a reasonable price
for goods.
In contract law, for requirements of
consideration, reasonable worth for
 goods delivered.
Usage: quantum meruit has replaced
quantum valebant in consideration;[3] in
the case of contract remedy, quantum
valebant is being used less, and could be
considered to be obsolete.

Resembling or being similar to something,

quasi as if
without actually being that thing.

One who delegates a task to another,

qui facit per alium who acts through another, takes full responsibility for the
facit per se acts himself performance of that act as if he himself
had done it. Basis for the law of agency

Abbreviation of qui tam pro

domino rege quam pro se In a qui tam action, one who assists the
ipso in hac parte sequitur, prosecution of a case is entitled to a
qui tam
meaning "who pursues in proportion of any fines or penalties
this action as much for the assessed.
king as himself".

An equal exchange of goods or services,

quid pro quo this for that or of money (or other consideration of
equal value) for some goods or services.

Returning to a specific state of affairs

quo ante as before
which preceded some defined action.

A request made to someone exercising

some power, to show by what legal right
quo warranto by what warrant?
they are exercising that power. A type of
writ.

Used to mean "with respect to" some

quoad hoc as to this named thing, such as when stating what
the law is in regards to that named thing.

quod est
necessarium est What is necessary is lawful
licitum

King or Queen. In British cases, will see R v

Freeman meaning Regina against
R Rex or Regina
Freeman. Changes with King or Queen on
throne at time.

The point in a legal proceeding, or the

ratio decidendi Reason for the decision legal precedent so involved, which led to
the final decision being what it was.

The popular opinion of Roman law, held

ratio scripta written reason
by those in the Medieval period.

"Certain rights may arise by virtue of

rationae soli by reason of the soil ownership of the soil upon which wild
animals are found."[2]

rebus sic stantibus things thus standing A qualification in a treaty or contract, that
allows for nullification in the event
 fundamental circumstances change.

The canon of construction that in a list of

reddendo singula items containing a qualifying phrase at
referring solely to the last
singulis the end, the qualifier refers only to the
last item in the list.

res thing, matter, issue, affair

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 communis common to all With airspace, the difficulty has been to
identify where the fee simple holder's
rights to the heavens end. Water is a bit
more defined — it is common until
captured.[2]

Differing meaning depending on what

type of law is involved. May refer to the
res gestae things done complete act of a felony, from start to
finish, or may refer to statements given
that may be exempt from hearsay rules.

used in tort law when there is no proof of

what caused the harm, but it is most likely
res ipsa loquitur the thing speaks for itself
only the thing that could have caused the
harm

A matter that has been finally

/ˈriːz dʒuːdɨˈkeɪtə/,
adjudicated, meaning no further appeals
res judicata a matter judged /ˈreɪz/, /dʒuːdɨ
or legal actions by the involved parties is
ˈkɑːtə/
now possible.

Ownerless property or goods. Such

res nullius nobody's thing property or goods are able and subject to
being owned by anybody.

All things subject to concern by the

res publica public affair
citizenry. The root of the word republic.

res publica All things of concern to the worldwide

Christian public affair
christiana body of Christianity

A concept that the master (e.g. employer)

respondeat superior let the master answer is responsible for the actions of his
subordinates (e.g. employees).

(1) Restoration of something, such as a

building or damaged property, to its
restitutio in original condition.
total reinstatement
integrum (2) In contract law, when considering
breach of contract and remedies, to
restore a party to an original position.[3]

rex non potest Used to describe the basis for sovereign

The king can do no wrong
peccare immunity
 Used variously as a motto, a reminder, or
salus populi suprema The good of the people
a notion of how the law and governments
lex esto shall be the supreme law
in general should be.

scandalum Defamation against a peer in British law.

scandal of the magnates
magnatum Now repealed as a specific offense.

Used when offenses or torts were

scienter knowingly committed with the full awareness of the
one so committing.

A writ, directing local officials to officially

scire facias let them know inform a party of official proceedings
concerning them.

The official response of the official serving

scire feci I have made known a writ of scire facias, informing the court
that the writ has been properly delivered.

The act of defending one's own person or

se defendendo self-defense property, or the well-being or property of
another.

Describes the process in which the court

hears assorted matters in a specific order.
Also refers to an occasion where a
seriatim in series
multiple-judge panel will issue individual
opinions from the members, rather than a
single ruling from the entire panel.

While an individual is entitled to the use

use your property so as not and enjoyment of one's estate, the right is
sic utere tuo ut
to injure that of your not without limits. Restrictions can give
alienum non laedas
neighbours rise to tort actions include trespass,
negligence, strict liability, and nuisance.[2]

Used when the court is adjourning

sine die without day without specifying a date to re-convene.
See also adjournment sine die.

Refers to some essential event or action,

sine qua non without which, nothing without which there can be no specified
consequence.

Used to refer to laws specific to the

situs the place location where specific property exists, or
where an offense or tort was committed.

Undue performance or payment, obliging

the enrichee (accipiens) to return the
performance of something
solutio indebiti undue payment or compensate the
not due
impoverishee (solvens) for the undue
performance

To stand by [things] The obligation of a judge to stand by a

stare decisis /ˈstɛəriː dɨˈsaɪsɨs/
decided. prior precedent.

status quo the state in which In contract law, in a case of innocent

status quo ante representation, the injured party is
statu quo entitled to be replaced in statu 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."[3]

1) In property law, condominiums has said

to occupy stratum many stories about the
ground.[2]
2) Stratum can also be a societial level
a covering, from neuter
made up of individuals with similar status
stratum past participle of sternere,
of social, cultural or economic nature.
to spread
3) Stratum can refer to classification in an
organized system along the lines of
layers, levels, divisions, or similar
grouping.

Some action taken by the public

prosecutor or another official body,
sua sponte of its own accord without the prompting of a plaintiff or
another party. (compare ex proprio motu,
ex mero motu which are used for courts)

Refers to a matter currently being

sub judice under the judge
considered by the court.

Term in contract law that allows limited

modifications to a contract after the
sub modo subject to modification
original form has been agreed to by all
parties.

Abbreviated sub nom.; used in case

citations to indicate that the official name
sub nomine under the name of a case changed during the proceedings,
usually after appeal (e.g., rev'd sub nom.
and aff'd sub nom.)

A ruling, order, or other court action

made without specifically stating the
ruling, order, or action. The effect of the
sub silentio under silence
ruling or action is implied by related and
subsequent actions, but not specifically
stated.

A writ compelling testimony, the

subpoena under penalty production of evidence, or some other
action, under penalty for failure to do so.

subpoena ad Under penalty to be An order compelling an entity to give oral

testificandum witnessed testimony in a legal matter.

An order compelling an entity to produce

subpoena duces bring with you under
physical evidence or witness in a legal
tecum penalty
matter.

A false statement made in the negotiation

suggestio falsi false suggestion
of a contract.
 Something that is unique amongst a
sui generis of its own kind/genus
group.

Refers to one legally competent to

sui juris of his own right manage his own affairs. Also spelled sui
iuris.

Refers to a court or other official agency

taking some action on its own accord
suo motu of its own motion
(synonyms: ex proprio motu, ex mero
motu). Similar to sua sponte.

A bond tendered by an appellant as

surety to the court, requesting a delay of
supersedeas refrain from
payment for awards or damages granted,
pending the outcome of the appeal.

Willful concealment of the truth when

bound to reveal it, such as withholding
suppressio veri suppression of the truth details of damage from an auto accident
from a prospective buyer of the car in that
accident.

Used in citations to refer to a previously

supra above
cited source.

(Scots law) "as is", to disclaim implied

tantum et tale thus and such warranties, as in to purchase or convey
something tantum et tale

Land that has never been part of a

terra nullius no one's land sovereign state, or land which a sovereign
state has relinquished claim to.

A completely new trial of a matter

previously judged. It specifically refers to
trial de novo trial anew a replacement trial for the previous one,
and not an appeal of the previous
decision.

Refers to a threefold tax levied on Anglo-

trinoda necessitas three-knotted need Saxon citizens to cover roads, buildings,
and the military.

Concept in contract law specifying that all

uberrima fides most abundant faith parties must act with the utmost good
faith.

Specifies that one should do what he can

to support the community, but since
ultra posse nemo no one is obligated (to do)
everyone has different levels of ability, it
obligatur more than he can
cannot be expected that all will perform
the same.

An act that requires legal authority to

ultra vires beyond the powers perform, but which is done without
obtaining that authority.
universitas Aggregate of people, body corporate, as
Totality of people
personarum in a college, corporation, or state

universitas rerum Totality of things Aggregate of things

Used to criticize inconsistencies in speech

or testimony, as in: one says one thing,
uno flatu in one breath
and in the same breath, says another
contradictory thing.

Ancient concept regarding conflicts,

wherein all property possessed by the
parties at the conclusion of the conflict
uti possidetis as you possess
shall remain owned by those parties
unless treaties to the contrary are
enacted.

Used in documents in place of the wife's

uxor wife
name. Usually abbreviated et ux.

Used when considering whether some

vel non or not event or situation is either present or it is
not.

The power of an executive to prevent an

veto I forbid. action, especially the enactment of
legislation.

vice versa the other way around Something that is the same either way.

Used in citations to refer the reader to

vide see
another location.

Contraction of videre licet,

Used in documents to mean "namely" or
videlicet meaning "it is permitted to
"that is". Usually abbreviated viz.
see"

vinculum juris the chains of the law Something which is legally binding.

Force majeure, specifically events over

which no humans have control, and so
vis major greater or superior force cannot be held responsible. Equivalent to
an "Act of God". Compare casus fortuitus
(see above).

viz. Abbreviation of videlicet Namely

Notion that a person cannot bring a claim

injury is not done to the against another for injury, if said person
volenti non fit injuria
willing willingly placed themselves in a situation
where they knew injury could result.

Concept that if an opposing party

unreasonably delays bringing an action,
vigilantibus non
Equity aids the vigilant, not that it is no longer considered just to hear
dormientibus
the sleeping their claim, due to fundamental changes
aequitas subvenit
in circumstance brought upon by their
delay.