Sunday, February 20, 2022

Legal Terms & Maxims

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  • a fortiori - from stronger
  • a mensa et thoro - from table and bed
  • a posteriori - from later
  • a priori - from earlier
  • a quo - from which
  • ab extra - from outside
  • ab initio - from the beginning
  • absque hoc - without this
  • Actori incumbit probatio - On the plaintiff rests the proving
  • actus reus - guilty act
  • ad coelum - to the sky
  • ad colligenda bona - to collect the goods
  • ad hoc - for this
  • ad hominem - at the person
  • ad idem - to the same thing
  • ad infinitum - to infinity
  • ad litem - for the case
  • ad quod damnum - according to the harm
  • ad valorem - according to value
  • adjournment sine die - adjournment without a day
  • affidavit - he has sworn
  • alter ego - another I (A second identity living within a person.)
  • amicus curiae - friend of the court (A person who offers information to a court regarding a case before it.)
  • animus nocendi - intention to harm
  • animus possidendi - intention to possess
  • animus revertendi - intention to return
  • ante - before
  • arguendo - for the sake of argument
  • Audi alteram partem - hear the other side
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  • bona fide - in good faith.
  • bona vacantia - ownerless goods
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  • Cadit quaestio - The question falls
  • Casus belli - Case of war
  • casus fortuitus - fortuitous event
  • Caveat - May he beware
  • Caveat emptor - Let the buyer beware
  • Certiorari - To be apprised
  • Ceteris paribus - With other things the same
  • cogitationis poenam nemo patitur - Nobody suffers punishment for mere intent
  • compensatio morae - Balance of delay
  • compos mentis - Having command of mind
  • Condicio sine qua non - A condition without which it could not be
  • consensus ad idem - Agreement to the same
  • consensus facit legem - Consensus makes the law
  • consuetudo pro lege servatur - Custom is held as law
  • contra - Against
  • contra bonos mores - Against good morals
  • contra legem - Against the law
  • Contradictio in adjecto - Contradiction in itself
  • contra proferentem - Against the one bringing forth
  • coram non judice - Before one who is not a judge
  • corpus delicti - Body of the crime
  • corpus juris - Body of law
  • corpus juris civilis - Body of civil law
  • corpus juris gentium - Body of the law of nations
  • corpus juris secundum - (An encyclopedia of US law drawn from US Federal and State court decisions.)
  • crimen falsi - Crime of falsifying
  • cui bono - As a benefit to whom?
  • cuius est solum eius est usque ad coelum et ad inferos - For whoever owns the soil, it is theirs up to Heaven and down to Hell
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  • de bonis asportatis - Carrying goods away
  • debellatio - Warring down (bringing about the end of the conflict)
  • de bonis non administratis - Of goods not administered
  • de die in diem - From day to day
  • de facto - In fact
  • de futuro - Concerning the future
  • de integro - Concerning the whole
  • de jure - According to law
  • de lege ferenda - Of the law as it should be
  • de lege lata - Of the law as it is
  • delegatus non potest delegare - That which has been delegated, cannot delegate [further]
  • de minimis - About the smallest things
  • de minimis non curat lex - The law does not concern itself with the smallest [things]
  • de mortuis nil nisi bonum - Of the dead, [speak] nothing unless good
  • de novo - Anew (a new trial ordered when the previous one failed to reach a conclusion)
  • defalcation - Cutting off with a sickle (Misappropriation of funds by one entrusted with them.)
  • deorum injuriae diis curae - The gods take care of injuries to the gods (Blasphemy is a crime against the State, rather than against God)
  • dictum - (thing) said (A statement given some weight or consideration due to the respect given the person making it.)
  • doli incapax - Incapable of guilt (Presumption that young children or persons with diminished mental capacity cannot form the intent to commit a crime)
  • dolus specialis - Specific deceit (Heavily used in the context of genocide in international law)
  • donatio mortis causa - Gift caused by death
  • dramatis personae - Persons of the drama
  • dubia in meliorem partem interpretari debent - Doubtful things should be interpreted in the best way (Often spoken as "to give the benefit of the doubt.")
  • duces tecum - Bring with you (A "subpoena duces tecum" is a summons to produce physical evidence for a trial)
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  • ei incumbit probatio qui dicit - Proof lies on him who asserts (The concept that one is innocent until proven guilty)
  • 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)
  • eo nomine - By that name.
  • erga omnes - Towards all (Refers to rights or obligations that are owed towards all)
  • ergo - Therefore
  • erratum - Having been made in error
  • et al. - And others
  • et cetera - And other things
  • et seq. - And the following things
  • et uxor - And wife.
  • et vir - And husband.
  • ex aequo et bono - Of equity and [the] good.
  • ex ante. - Of before.
  • ex cathedra - From the chair
  • ex concessis - From what has been conceded already
  • ex delicto - From a transgression
  • ex facie - On the face
  • ex fida bona - Good business norms
  • ex gratia - By favor (Something done voluntarily and with no expectation a legal liability arising therefrom)
  • ex injuria jus non oritur - Law does not arise from injustice (unjust acts cannot create laws)
  • ex officio - From the office (Something done or realized by the fact of holding an office or position)
  • ex parte - From [for] one party
  • ex post - From after (Based on knowledge of the past.)
  • ex post facto - From a thing done afterward ("after the fact.")
  • ex post facto law - A retroactive law. E.g. a law that makes a past act illegal that was not illegal when it was done
  • expressio unius est exclusio alterius - The express mention of one thing excludes all others (When items are listed, anything not explicitly stated is assumed to not be included.)
  • ex proprio motu - By [one's] own motion ("by one's own accord.")
  • ex rel - [arising] out of the narration [of the relator]
  • ex turpi causa non oritur actio - From a dishonorable cause an action does not arise (A party cannot bring a legal action for consequences of his own illegal act)
  • exempli gratia - For the sake of example (Usually abbreviated "e.g.".)
  • ex tunc - From then (in effect from the execution of the contract.)
  • 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. C.f. ex tunc)
  • extant - Existing (currently existing at a given point)
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  • factum - Deed 
  • facio ut facias - I do, that you may do
  • favor contractus - Favor of the contract (A concept in treaty law that prefers the maintaining of a contract over letting it expire for purely procedural reasons)
  • felo de se - Felon of himself (A suicide. This archaic term stems from English common law, where suicide was legally a felony, thus a person who committed suicide was treated as a felon for purposes of estate disposal.)
  • ferae naturae - Wild animals of nature (Wild animals residing on unowned property do not belong to any party in a dispute on the land.)
  • fiat - Let it be done (A warrant issued by a judge for some legal proceedings)
  • Fiat justitia et pereat mundus - Let there be justice, though the world perish. (Often used as a motto, notably by Ferdinand I, Holy Roman Emperor.)
  • fiat justitia ruat caelum - Let justice be done though the heavens fall. (Also sometimes a motto, a legal maxim that justice must be done regardless of the result otherwise.)
  • fieri facias - May you cause to be done (A writ ordering the local law enforcement to ensure that damages awarded by the court are properly recovered. A writ of execution.)
  • fortis attachiamentum, validior praesumptionem - strong attachment, the stronger presumption 
  • forum non conveniens - Disagreeable forum (A concept wherein a court refuses to hear a particular matter, citing a more appropriate forum for the issue to be decided.)
  • fructus industriales - vegetation,like crops, that grows by human efforts (In property law, a co-owner profting from her or his fructus industriales is solely responsible for any losses that my occur)
  • fumus boni iuris - Smoke of a good right (Refers to having a sufficient legal basis to bring legal action)
  • functus officio - Having performed his office (A person, court, statute, or legal document that has no legal authority, because its original legal purpose has been fulfilled)
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  • generalia specialibus non derogant - The general does not detract from the specific.
  • gravamen - Things weighing down
  • guardian ad litem - Guardian for the case (An independent party appointed in family law disputes to represent parties that cannot represent themselves, such as minors, developmentally disabled, or elderly)
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  • habeas corpus - May you have the body
  • hostis humani generis - Enemy of the human race (such as maritime pirates)
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  • i.e. - That is (Abbreviation of id est, meaning "that is", in the sense of restating something that may not have been clear.)
  • ibid - In the same place (Abbreviation of ibidem, meaning "in the same place. Used when citing sources, to indicate the cited source came from the identical location as the preceding one)
  • idem - The same (Used in citations to indicate the cited source came from the same source as the preceding one, though not necessarily the same page or location. C.f. ibid.)
  • ignorantia juris non excusat - Ignorance of the law does not excuse
  • imprimatur - Let it be printed
  • in absentia - In absence
  • In articulo mortis - at the moment of death
  • in camera - In the chamber
  • in curia - In court
  • in esse - In existence
  • in extenso - In the extended
  • in extremis - In the extreme
  • in flagrante delicto - In blazing offense
  • in forma pauperis - In the manner of a pauper
  • in futuro - In the future
  • in haec verba - In these words
  • in limine - At the threshold
  • in loco parentis - In the place of a parent
  • in mitius - In the milder
  • in omnibus - In all
  • in pari delicto - In equal offense
  • in pari materia - In the same matter
  • in personam - In person
  • in pleno - In full
  • in prope persona - On one's own person
  • in propria persona - In one's own proper person
  • in re - In the matter [of]
  • in rem - About a thing
  • in situ - In position
  • in solidum - For the whole
  • in terrorem - In order to frighten
  • in terrorem clause - Clause "in order to frighten"
  • in toto - In total
  • indicia - Indications
  • infra - Below or Under
  • innuendo - By nodding
  • inter alia - Among others
  • inter arma enim silent leges - For among arms, the laws fall silent (in times of war, laws are suppressed, ostensibly for the good of the country)
  • inter rusticos - Among rustics (Refers to contract, debts, or other agreements made between parties who are not legal professionals)
  • inter se - Amongst themselves (Refers to obligations between members of the same group or party, differentiated from the whole party's obligations to another party)
  • inter vivos - Between the living (Refers to a gift or other non-sale transfer between living parties. This is in contrast to a will, where the transfer takes effect upon one party's death)
  • intra - Within
  • intra fauces terra - Within the jaws of the land - (This term refers to a nation's territorial waters.)
  • intra legem - Within the law - (Used in various contexts to refer to the legal foundation for a thing)
  • intra vires - Within the powers - (Something done which requires legal authority, and the act is performed accordingly. C.f.ultra vires)
  • ipse dixit - He himself said it - (An assertion given undue weight solely by virtue of the person making the assertion)
  • ipsissima verba - The very words - (Referring to a document or ruling that is being quoted by another)
  • ipso facto - By the fact itself - (Used in the context that one event is a direct and immediate consequence of another. "In and of itself.")
  • iudex non calculat - The judge does not calculate - (A principle that calculation errors made by the court do not invalidate the judgement on a technicality. Also taken to mean that the judge does not tally up the 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)
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  • jura novit curia - The court knows the law - (Concept that parties to a case do not need to define how the law applies to their case. The court is solely responsible for determining what laws apply.)
  • jurat - (He) swears - (Appears at the end of an affidavit, where the party making the affirmation signs the oath, and the information on whom the oath was sworn before is placed)
  • juris et de jure - Of law, and from law - (Incontrovertible and fundamental presumptions of law. One cannot argue against, or try to otherwise refute these.)
  • jus - Law, right - (Essentially: Law.)
  • jus accrescendri - Right of survivorship - (In property law, on the death of one 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 during the lifetime of the parties, jus accrescendi takes priority over a will or interstate accession rules)
  • 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)
  • jus civile - Civil law - (A codified set of laws concerning citizenry, and how the laws apply to them)
  • jus cogens - Compelling law - (Internationally agreed laws that bear no deviation, and do not require treaties to be in effect. An example is law prohibiting genocide)
  • jus commune - Common law - (Not actually referring to common law, this term refers to common facets of civil law that underlie all aspects of the law)
  • jus gentium - Law of nations - (Customary law followed by all nations. Nations being at peace with one another, without having to have an actual peace treaty in force, would be an example of this concept.)
  • jus in bello - Law in war - (Laws governing the conduct of parties in war.)
  • jus inter gentes - Law between the peoples - (Laws governing treaties and international agreements)
  • jus naturale - Natural law - (Laws common to all people, that the average person would find reasonable, regardless of their nationality)
  • jus primae noctis - Right of the first night - (Supposed right of the lord of an estate to take the virginity of women in his estate on their wedding night)
  • jus sanguinis - Right of blood - (Social law concept wherein citizenship of a nation is determined by having one or both parents being citizens)
  • jus soli - Right of soil - (Social law concept wherein citizenship of a nation is determined by place of birth)
  • jus tertii - Law of the third - (Arguments made by a third party in disputes over possession, the intent of which is to question one of the principal parties' claims of ownership or rights to ownership)
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  • No Maxims
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  • lacunae - Void, gap - (A situation arising that is not covered by any law. Generally used in International Law, as all countries codify according to their own systems of law)
  • leges humanae nascuntur, vivunt, moriuntur - The laws of man are born, live, and die - (Illustrates that laws are made, are in force for a period, and then become obsolete)
  • lex communis - Common law - (Alternate form of jus commune. Refers to common facets of civil law that underlie all aspects of the law)
  • lex lata - The law borne - (The law as it has been enacted)
  • lex loci - The law of the place - (The law of the country, state, or locality where the matter under litigation took place. Usually used in contract law, to determine which laws govern the contract)
  • lex posterior derogat priori - Later law removes the earlier - (More recent law overrules older ones on the same matter.)
  • lex retro non agit - The law does not operate retroactively - (A law cannot make something illegal that was legal at the time it was performed. See ex post facto law.)
  • lex scripta - Written law - (Law that specifically codifies something, as opposed to common law or customary law)
  • lex specialis derogat legi generali - Specific law takes away from the general law - (Where several laws apply to the same situation, the more specific one(s) take precedence over more general ones)
  • liberum veto - Free veto - (An aspect of a unanimous voting system, whereby any member can end discussion on a proposed law)
  • lingua franca - The Frankish language - (A language common to an area that is spoken by all, even if not their mother tongue. Term derives from the name given to a common language used by traders in the Mediterranean basin dating from the Middle Ages)
  • lis alibi pendens - Lawsuit elsewhere pending - (Refers to requesting a legal dispute be heard that is also being heard by another court. 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 - Place
  • locus delicti - Place of the crime - (Shorthand version of Lex locus delcti commissi. The "scene of the crime")
  • locus in quo - The place in which - (The location where a cause of action arose)
  • locus poenitentiae - Place of repentance - (When one party withdraws from a contract before all parties are bound)
  • locus standi - Place of standing - (The right of a party to appear and be heard before a court)
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  • mala fide - (In) bad faith - (A condition of being fraudulent or deceptive in act or belief)
  • maleficia propositis distinguuntur - evil acts are distinguished from (evil) purposes/crimes are distinguished by evil intent - (evil acts are distinguished from evil purposes crimes are distinguished by the intention)
  • malum in se - Wrong in itself - (Something considered a universal wrong or evil, regardless of the system of laws in effect)
  • malum prohibitum - Prohibited wrong - (Something wrong or illegal by virtue of it being expressly prohibited, that might not otherwise be so)
  • mandamus - We command - (A writ issue by a higher court to a lower one, ordering that court or related officials to perform some administrative duty. Often used in the context of legal oversight of government agencies)
  • mare clausum - Closed sea - (A body of water under the jurisdiction of a state or nation, to which access is not permitted, or is tightly regulated)
  • mare liberum - Open sea - (A body of water open to all. Typically a synonym for International Waters, or in other legal parlance, the "High Seas")
  • mens rea - Guilty mind - (One of the requirements for a crime to be committed, the other being actus reus, the guilt act. This essentially is the basis for the notion that those without sufficient mental capability cannot be judged guilty of a crime)
  • modus operandi - Manner of operation - (A person's particular way of doing things. Used when using behavioral analysis while investigating a crime. Often abbreviated "M.O.")
  • mora accipiendi - Delay of creditor - (Delay in payment or performance in the 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)
  • mortis causa - Caused by death - (Donation that is made in contemplation of death)
  • mos pro lege - Custom for law - (That which is the usual custom has the force of law)
  • 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)
  • mutatis mutandis - Having changed [the things that] needed to be changed - (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)
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  • ne exeat - Let him not exit [the republic] - (Shortened version of ne exeat repiblica: "let him not exit the republic". A writ to prevent one party to a dispute from leaving (or being taken) from the court's jurisdiction)
  • ne bis in idem - Not twice in the same - (Prohibition against double jeopardy. A legal action cannot be brought twice for the same act or offense)
  • negotorium gestio - management of estate - (Obligation arising from good works affecting other people, obliging the creditor to pay for the reimbursement of the cost that was used in doing good works)
  • nemo auditur propriam turpitudinem allegans - no one can be heard, who invokes his own guilt - (Nobody can bring a case that stems from their own illegal act)
  • nemo dat quod non habet - no one gives what he does not have - (If someone purchases something that the seller has no right to (such as stolen property), the purchaser will likewise have no legal claim to the thing bought)
  • nemo debet esse iudex in propria - no one shall be a judge in his own case - (In the past it was thought that it included just two rules namely (1) nemo debet esse judex in propria causa (no one shall be a judge in his own case)
  • nemo judex in sua causa - no one shall be a judge in his own case - (Prevents conflict of interest in courts. Often invoked when there is really no conflict, but when there is even the appearance of one)
  • nemo plus iuris ad alium transferre potest quam ipse habet - no one can transfer a greater right than he himself has - (A purchaser of stolen goods will not become the rightful owner thereof, since the seller himself was not the owner to begin with)
  • nihil dicit - he says nothing - (A judgement rendered in the absence of a plea, or in the event one party refuses to cooperate in the proceedings)
  • nisi - unless - (A decree that does not enter into force unless some other specified condition is met)
  • nisi prius - unless first - (Refers to the court of original jurisdiction in a given matter)
  • nolle prosequi - Not to prosecute - (A statement from the prosecution that they are voluntarily discontinuing (or will not initiate) prosecution of a matter)
  • nolo contendere - I do not wish to dispute - (A type of plea whereby the defendant neither admits nor denies the charge. Commonly interpreted as "No contest.")
  • non adimpleti contractus - Of a non-completed contract - (In the case where a contract imposes specific obligations on both parties, one side cannot sue the other for failure to meet their obligations, if the plaintiff has not themselves met their own)
  • non compos mentis - not in possession of [one's] mind - (not having mental capacity to perform some legal act)
  • non constat - it is not certain - (Refers to information given by one who is not supposed to give testimony, such as an attorney bringing up new information that did not come from a witness. Such information is typically nullified)
  • 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)
  • non est inventus - He is not found - (Reported by a sheriff on writ when the defendant cannot be found in his county or jurisdiction)
  • non faciat malum, ut inde veniat bonum - not to do evil that good may come - (Performing some illegal action is not excused by the fact that a positive result came therefrom. Often used to argue that some forms of expression, such as graffiti or pornographic films, cannot be given the protection of law (e.g. copyright) as they are or may be considered illegal or morally reprehensible)
  • non liquet - it is not clear - (A type of verdict where positive guilt or innocence cannot be determined. Also called "not proven" in legal systems with such verdicts)
  • non obstante verdicto - notwithstanding the verdict - (A circumstance where the judge may override the jury verdict and reverse or modify the decision)
  • novus actus interveniens - a new action coming between - (a break in causation (and therefore probably liability) because something else has happened to remove the causal link)
  • noscitur a sociis - it is known by friends - (An ambiguous word or term can be clarified by considering the whole context in which it is used, without having to define the term itself)
  • nota bene - note well - (A term used to direct the reader to cautionary or qualifying statements for the main text)
  • nudum pactum - naked promise - (An unenforceable promise, due to the absence of consideration or value exchanged for the promise)
  • nulla bona - no goods - (Notation made when a defendant has no tangible property available to be seized in order to comply with a judgement)
  • nulla poena sine lege - no penalty without a law - (One cannot be prosecuted for doing something that is not prohibited by law)
  • nullum crimen, nulla poena sine praevia lege poenali - no crime, no punishment without a previous penal law - (One cannot be prosecuted for doing something that was not prohibited by law at the time and place it was committed, notwithstanding laws made since that time. A form of prohibition on retroactive laws)
  • nunc pro tunc - now for then - (An action by a court to correct a previous procedural or clerical error)
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  • obiter dictum - a thing said in passing - (in law, an observation by a judge on some point of law not directly relevant to the case before him, and thus neither requiring his decision nor serving as a precedent, but nevertheless of persuasive authority. In general, any comment, remark or observation made in passing)
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  • pacta sunt servanda - agreements must be kept - (A fundamental principle of law)
  • par delictum - equal fault - (Used when both parties to a dispute are at fault)
  • parens patriae - parent of the nation - (Refers to the power of the State to act as parent to a child when the legal parents are unable or unwilling)
  • pater familias - father of the family - (The head of household, for purposes of considering the rights and responsibilities thereof)
  • pendente lite - while the litigation is pending - (Court orders used to provide relief until the final judgement is rendered. Commonly used in divorce proceedings)
  • per capita - by head - (dividing money up strictly and equally according to the number of beneficiaries)
  • per contra - by that against - (Legal shorthand for "in contrast to")
  • per curiam - through the court - (A decision delivered by a multi-judge panel, such as an appellate court, in which the decision is said to be authored by the court itself, instead of situations where those individual judges supporting the decision are named)
  • per incuriam - by their neglect - (A judgement given without reference to precedent)
  • per minas - through threats - (Used as a defense, when illegal acts were performed under duress)
  • per quod - by which - (Used in legal documents in the same sense as "whereby". A per quod 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)
  • per stirpes - by branch - (An estate of a decedent is distributed per stirpes, if each branch of the family is to receive an equal share of an estate)
  • periculum in mora - danger in delay - (A condition given to support requests for urgent action, such as a protective order or restraining order)
  • persona non grata - unwelcome person - (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)
  • posse comitatus - power of the county - (A body of armed citizens pressed into service by legal authority, to keep the peace or pursue a fugitive)
  • post mortem - after death - (Refers to an autopsy, or as a qualification as to when some event occurred)
  • post mortem auctoris - after the author's death - (Used in reference to intellectual property rights, which usually are based around the author's lifetime)
  • praetor peregrinus - magistrate of foreigners - (The Roman Praetor (magistrate) responsible for matters involving non-Romans)
  • prima facie - at first face - (A matter that appears to be sufficiently based in the evidence as to be considered true)
  • prior tempore potior iure - earlier in time, stronger in law - (A legal principle that older laws take precedent over newer ones. Another name for this principle is lex posterior)
  • prius quam exaudias ne iudices - before you hear, do not judge
  • probatio vincit praesumptionem - proof overcomes presumption
  • pro bono - For good - (Professional work done for free)
  • pro bono publico - For the public good - 
  • pro forma -  as a matter of form - (Things done as formalities)
  • pro hac vice - for this turn - (Refers to a lawyer who is allowed to participate (only) in a specific case, despite being in a jurisdiction in which he has not been generally admitted)
  • pro per - Abbreviation of propria persona, meaning "one's own person" - (Representing oneself, without counsel. Also known as pro se representation)
  • 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)
  • pro se - for himself - (Representing oneself, without counsel. Also known as pro per representation)
  • pro tanto - for so much - (A partial payment of an award or claim, based on the defendant's ability to pay)
  • pro tem - Abbreviation of pro tempore, meaning "for the time being" - (Something, such as an office held, that is temporary)
  • pro tempore - for the time being - (Something, such as an office held, that is temporary)
  • propria persona - proper person - (Refers to one reperesenting themselves without the services of a lawyer. Also known as pro per representation)
  • prout patet per recordum - as appears in the record - (Used to cite something that has already been admitted into the record.)
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  • qua - which; as - (In the capacity of)
  • quareitur - it is sought - (The question is raised. Used to declare that a question is being asked in the following verbiage)
  • quaere - query - (Used in legal drafts to call attention to some uncertainty or inconsistency in the material being cited)
  • quantum - how much
  • 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)
  • quantum valebant - as much as they were worth - (In contract law, for requirements of consideration, reasonable worth for goods delivered)
  • quasi - as if - (Resembling or being similar to something, without actually being that thing)
  • qui facit per alium facit per se - who acts through another, acts himself - (One who delegates a task to another, takes full responsibility for the performance of that act as if he himself had done it. Basis for the law of agency)
  • qui tam - Abbreviation of qui tam pro domino rege quam pro se ipso in hac parte sequitur, meaning "who pursues in this action as much for the king as himself" - (In a qui tam action, one who assists the prosecution of a case is entitled to a proportion of any fines or penalties assessed)
  • quid pro quo - this for that - (An equal exchange of goods or services, or of money (or other consideration of equal value) for some goods or services)
  • quo ante - as before - (Returning to a specific state of affairs which preceded some defined action)
  • quo warranto - by what warrant? - (A request made to someone exercising some power, to show by what legal right they are exercising that power. A type of writ)
  • quoad hoc - as to this - (Used to mean "with respect to" some named thing, such as when stating what the law is in regards to that named thing)
  • quod est necessarium est licitum - What is necessary is lawful
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  • R - Rex or Regina - (King or Queen. In British cases, will see R v Freeman meaning Regina against Freeman. Changes with King or Queen on throne at time)
  • ratio decidendi - Reason for the decision - (The point in a legal proceeding, or the legal precedent so involved, which led to the final decision being what it was)
  • ratio scripta - written reason - (The popular opinion of Roman law, held by those in the Medieval period)
  • rationae soli - by reason of the soil - ("Certain rights may arise by virtue of ownership of the soil upon which wild animals are found.")
  • rebus sic stantibus - things thus standing - (A qualification in a treaty or contract, that allows for nullification in the event fundamental circumstances change)
  • reddendo singula singulis - referring solely to the last - (The canon of construction that in a list of items containing a qualifying phrase at the end, the qualifier refers only to the last item in the list)
  • res - thing, matter, issue, affair
  • 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. 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)
  • res gestae - things done - (Differing meaning depending on what type of law is involved. May refer to the complete act of a felony, from start to finish, or may refer to statements given that may be exempt from hearsay rules)
  • res ipsa loquitur - the thing speaks for itself - (used in tort law when there is no proof of what caused the harm, but it is most likely only the thing that could have caused the harm)
  • res judicata - a matter judged - (A matter that has been finally adjudicated, meaning no further appeals or legal actions by the involved parties is now possible)
  • res nullius - nobody's thing - (Ownerless property or goods. Such property or goods are able and subject to being owned by anybody)
  • res publica - public affair - (All things subject to concern by the citizenry. The root of the word republic)
  • res publica christiana - Christian public affair - (All things of concern to the worldwide body of Christianity)
  • respondeat superior - let the master answer - (A concept that the master (e.g. employer) is responsible for the actions of his subordinates (e.g. employees))
  • restitutio in integrum - total reinstatement - ((1) Restoration of something, such as a building or damaged property, to its original condition.
    (2) In contract law, when considering breach of contract and remedies, to restore a party to an original position)
  • rex non potest peccare - The king can do no wrong - (Used to describe the basis for sovereign immunity)
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  • salus populi suprema lex esto - The good of the people shall be the supreme law - (Used variously as a motto, a reminder, or a notion of how the law and governments in general should be)
  • scandalum magnatum - scandal of the magnates - (Defamation against a peer in British law. Now repealed as a specific offense)
  • scienter - knowingly - (Used when offenses or torts were committed with the full awareness of the one so committing)
  • scire facias - let them know - (A writ, directing local officials to officially inform a party of official proceedings concerning them)
  • scire feci - I have made known - (The official response of the official serving a writ of scire facias, informing the court that the writ has been properly delivered)
  • se defendendo - self-defense - (The act of defending one's own person or property, or the well-being or property of another)
  • seriatim - in series - (Describes the process in which the court hears assorted matters in a specific order. Also refers to an occasion where a multiple-judge panel will issue individual opinions from the members, rather than a single ruling from the entire panel)
  • sic utere tuo ut alienum non laedas - use your property so as not to injure that of your neighbours - (While an individual is entitled to the use and enjoyment of one's estate, the right is not without limits. Restrictions can give rise to tort actions include trespass, negligence, strict liability, and nuisance)
  • sine die - without day - (Used when the court is adjourning without specifying a date to re-convene. See also adjournment sine die)
  • sine qua non - without which, nothing - (Refers to some essential event or action, without which there can be no specified consequence)
  • situs - the place - (Used to refer to laws specific to the location where specific property exists, or where an offense or tort was committed)
  • solutio indebiti - Solution for undue - (Obligation arising from undue payment, obliging the debtor to return the undue payment)
  • stare decisis - To stand by [things] decided - (The obligation of a judge to stand by a prior precedent)
  • status quo status quo ante statu quo - the state in which 
  • stratum - a covering, from neuter past participle of sternere, to spread - (1) In property law, condominiums has said to occupy stratum many stories about the ground
    2) Stratum can also be a societial level made up of individuals with similar status of social, cultural or economic nature.
    3) Stratum can refer to classification in an organized system along the lines of layers, levels, divisions, or similar grouping)
  • sua sponte - of its own accord - (Some action taken by the court or another official body, without the prompting of another party)
  • sub judice - under the judge - (Refers to a matter currently being considered by the court)
  • sub modo - subject to modification - (Term in contract law that allows limited modifications to a contract after the original form has been agreed to by all parties)
  • sub nomine - 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.))
  • sub silentio - under silence - (A ruling, order, or other court action made without specifically stating the ruling, order, or action. The effect of the ruling or action is implied by related and subsequent actions, but not specifically stated)
  • subpoena - under penalty - (A writ compelling testimony, the production of evidence, or some other action, under penalty for failure to do so)
  • subpoena ad testificandum - Under penalty to be witnessed - (An order compelling an entity to give oral testimony in a legal matter)
  • subpoena duces tecum - bring with you under penalty - (An order compelling an entity to produce physical evidence or witness in a legal matter)
  • suggestio falsi - false suggestion - (A false statement made in the negotiation of a contract)
  • sui generis - of its own kind/genus - (Something that is unique amongst a group)
  • sui juris - of his own right - (Refers to one legally competent to manage his own affairs. Also spelled sui iuris)
  • suo motu - refrain from - (A bond tendered by an appellant as surety to the court, requesting a delay of payment for awards or damages granted, pending the outcome of the appeal)
  • suppressio veri - suppression of the truth - (Willful concealment of the truth when bound to reveal it, such as withholding details of damage from an auto accident from a prospective buyer of the car in that accident)
  • supra - above - (Used in citations to refer to a previously cited source)
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  • terra nullius - no one's land - (Land that has never been part of a sovereign state, or land which a sovereign state has relinquished claim to)
  • 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)
  • trinoda necessitas - three-knotted need - (Refers to a threefold tax levied on Anglo-Saxon citizens to cover roads, buildings, and the military)
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  • uberrima fides - most abundant faith - (Concept in contract law specifying that all parties must act with the utmost good faith)
  • ultra posse nemo obligatur - no one is obligated (to do) more than he can - (Specifies that one should do what he can to support the community, but since everyone has different levels of ability, it cannot be expected that all will perform the same)
  • ultra vires - beyond the powers - (An act that requires legal authority to perform, but which is done without obtaining that authority)
  • uno flatu - in one breath - (Used to criticize inconsistencies in speech or testimony, as in: one says one thing, and in the same breath, says another contradictory thing)
  • uti possidetis - as you possess - (Ancient concept regarding conflicts, wherein all property possessed by the parties at the conclusion of the conflict shall remain owned by those parties unless treaties to the contrary are enacted)
  • uxor - wife - (Used in documents in place of the wife's name. Usually abbreviated et ux)
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  • vel non - or not - (Used when considering whether some event or situation is either present or it is not )
  • veto - I forbid - (The power of an executive to prevent an action, especially the enactment of 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)
  • videlicet - Contraction of videre licet, meaning "it is permitted to see" - (Used in documents to mean "namely" or "that is". Usually abbreviated viz)
  • vinculum juris - the chains of the law - (Something which is legally binding)
  • vis major - greater or superior force - (Events over which no humans have control, and so cannot be held responsible. An "Act of God". In law, the more common term is the French phrase 'Force majeure'. See also casus fortuitus (chance occurrence)
  • viz. - Abbreviation of videlicet - (Namely)
  • volenti non fit injuria - injury is not done to the willing - (Notion that a person cannot bring a claim against another for injury, if said person willingly placed themselves in a situation where they knew injury could result)
  • vigilantibus non dormientibus aequitas subvenit - Equity aids the vigilant, not the sleeping - (Concept that if an opposing party unreasonably delays bringing an action, that it is no longer considered just to hear their claim, due to fundamental changes in circumstance brought upon by their delay)
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