French Terms Used in Common Law

French terms are deeply embedded in common law, a legacy of the Norman Conquest of England in 1066. After the conquest, Law French became the language of the courts, influencing legal vocabulary. Many legal procedures, court names, and phrases also trace back to French origins. These terms continue to provide precision and tradition within the common law system, linking modern practice to its medieval roots.

Assizes (sittings): Literally meaning "sittings" (from Old French assise), this term refers to the periodic sessions of a court held in different locations throughout a province or region. Historically, in England, the Assizes were important criminal and civil courts that traveled to different counties.

Attorney (appointed): Derived from Old French atorné meaning "appointed," this term in common law can refer to either an attorney-at-law (a lawyer equivalent to a solicitor and barrister) or an attorney-in-fact (someone holding a power of attorney to act on another's behalf). The core idea is someone appointed to act for another.

Autrefois acquit / autrefois convict (peremptory pleas): Literally "formerly acquitted" and "formerly convicted" (from Old French autrefois meaning "formerly" and acquit and convict being past participles related to acquittal and conviction), these are peremptory pleas in criminal law asserting that the defendant has already been tried and either acquitted or convicted of the same offense, thus barring a new trial.

Bailiff (steward; administrator): Originating from Anglo-Norman baillis or baillif meaning "steward" or "administrator" (from bail meaning "custody, charge, office"), a bailiff is a court official responsible for maintaining order in the courtroom (court bailiff). It can also refer to a "bound bailiff" or "bum-bailiff" employed by the sheriff to serve writs, execute court orders, collect debts, and sometimes make arrests.

Charterparty (split paper): Originally charte partie in Old French, meaning "split paper," this is a contract between the owner and a hirer (charterer) for the use of a ship. The term likely arose from the practice of making two identical copies of the contract on a single piece of parchment, which was then split between the parties.

Cestui que trust / Cestui que use (the one for whose use the feoffment was made / the one for whom the trust is created): A shortened form of Old French phrases (cestui a que use le feoffment fuit fait and cestui a que use le trust est créé), both meaning "the one for whose use..." or "the one for whom... is created." Often shortened to cestui, it refers to the beneficiary of a trust.

Chattel (property, goods): Derived from Old French chatel, ultimately from Latin capitale (meaning "capital" or "wealth"), chattel refers to personal property or goods, as opposed to real property (land).

Chose (thing): From Old French, derived from Latin causa meaning "cause" or "matter," in common law, "chose" means "thing," usually appearing in the phrases "chose in action" (a right to recover something by legal action) and "chose in possession" (a tangible item of personal property).

Culprit (guilty party): Originally the abbreviation cul. prit, from the Old French phrase Culpable: prest (d'averrer nostre bille) meaning "guilty: ready (to prove our case)," these were words used by the prosecutor at the beginning of a trial. Over time, it evolved to mean the guilty party or the defendant.

Cy-près doctrine (so near/close): Literally "so near" or "so close" in Old French, this doctrine grants a court the power to redirect the property of a charitable trust to another charitable trust with a similar purpose when the original trust can no longer exist or function.

Defendant (defending): From the Old French défendant, meaning "defending," this is the party against whom a civil or criminal proceeding is brought.

Demise (to send away): From the Old French verb démettre meaning "to send away" or "to relinquish," in law, demise refers to a transfer, usually of real property, particularly a lease. It also historically referred to the transfer of the Crown upon the monarch's death or abdication, leading to the colloquial meaning of "end, downfall, death."

De son tort (by their wrong): Literally meaning "of their wrong" in Old French, this phrase describes someone acting and being held liable without legal authorisation, as a result of their own wrongful act. Examples include an executor de son tort (acting as an executor without legal authority).

En ventre sa mere (in its mother's womb): This Old French phrase literally means "in its mother's womb." It refers to a fetus in utero or in vitro that is legally considered born for beneficial purposes, such as inheritance rights.

Escheats (reversion of property): Originating from Anglo-Norman eschete or escheoite meaning "reversion of property" (giving rise to the legal French verb échoir meaning "to fall" or "to devolve"), escheat refers to the reversion of unclaimed property to a feudal lord (pre-1660) or the state (post-1660, and present day) when a landowner dies intestate and without heirs.

Escrow (scrap of paper, scroll of parchment): Derived from Anglo-Norman escrowe, from Old French escro(u)e meaning "scrap of paper" or "scroll of parchment," escrow is a contractual arrangement where a third party holds and disburses money or property based on conditions agreed upon by the transacting parties. The "scroll of parchment" likely refers to the written conditions of the arrangement.

Estoppel (plug, stopper, bung): From Anglo-Norman estoup(p)ail meaning "plug, stopper, bung," estoppel is a legal principle that prevents a party from contradicting a position they have previously taken, especially if another party has relied on that position to their detriment. The idea is to "stop" or "prevent" the contradiction.

Estovers (that which is necessary): Derived from Old French, meaning "that which is necessary" or "provisions," estovers refers to the wood that tenants may be entitled to take from the land in which they have an interest for necessary uses like fuel, repairs, and tools.

Feme covert vs. feme sole ("covered woman" vs. "single woman"): These Old French phrases literally mean "covered woman" (feme covert) and "single woman" (feme sole). They described the legal status of adult married women (under the principle of coverture) and unmarried women, respectively, under common law.

Force majeure (superior force): Modern French for "superior force," this term refers to a clause in some contracts that exempts parties from liability for events beyond their control, often referred to as "acts of God."

Grand jury ("large jury"): From Old French grand jurée meaning "large sworn group," a grand jury is a legal body empowered to investigate potential criminal conduct and determine whether criminal charges (indictments) should be brought.

In pais (in the countryside): Literally meaning "in the countryside" in Old French, this term refers to matters occurring out of court or extrajudicially. It appears in phrases like "settlement in pais" (amicable out-of-court settlement) and "estoppel in pais" (estoppel based on out-of-court statements).

Jury (oath, legal inquiry): Derived from Anglo-Norman jurée meaning "oath" or "legal inquiry," a jury is a group of citizens sworn to give a verdict on a legal matter presented to them. The term emphasises the sworn nature of their duty.

Laches (slackness, laxness): From Anglo-Norman lachesse meaning "slackness" or "laxness," laches is an equitable doctrine under common law that prevents a party from bringing an action after an unreasonable delay that has prejudiced the opposing party.

Larceny (theft): Originating from Anglo-Norman lar(e)cin meaning "theft," larceny is the unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of it.

Mainprise / mainprize (undertaking for the appearance of an accused): From Old French mainprise meaning "surety" or "bail," mainprise is an undertaking given to a magistrate or court for the appearance of an accused person at trial, even if the accused is not initially in custody. The mainpernor is the person who gives this undertaking.

Market overt ("open market"): From Old French marché ouvert meaning "open market," this refers to a designated market where, historically, the sale of stolen goods to a bona fide purchaser was deemed to pass good title to the goods, an exception to the usual rule of ownership.

Mortgage ("dead pledge"): From Old French mort gaige meaning "dead pledge," a mortgage is now a type of security interest in property. The "dead pledge" likely referred to the fact that the pledge became "dead" or inactive either when the debt was paid or when the land was forfeited.

Mortmain ("dead hand"): Combining Old French mort ("dead") and main ("hand"), mortmain refers to the perpetual, inalienable ownership of land by an organisation, historically often the church, seen as a "dead hand" that never relinquishes ownership.

Oyer et terminer ("to hear and determine"): Old French meaning "to hear and determine," this historically referred to a commission or writ empowering a judge to hear and rule on criminal cases at the assizes. In the US, it can refer to a court of general criminal jurisdiction in some states.

Parol evidence rule (oral evidence rule): From Old French parole meaning "word" or "spoken word," the parol evidence rule is a substantive rule of contract law that prevents extrinsic evidence (usually oral) from altering the terms of a clear and fully written contract.

Parole (word, speech): Ultimately from Latin parabola (meaning "parable" or "speech") through Old French parole meaning "word" or "speech," parole is the conditional release of prisoners after serving part of their sentence, based on their promise to abide by certain restrictions.

Peine forte et dure (strong and harsh punishment): Old French meaning "strong and harsh punishment," this historically referred to a form of torture used to compel a defendant to enter a plea in court.

Per my et per tout (by half and by the whole): Old French meaning "by half and by the whole," this describes a characteristic of joint tenancy where each joint tenant owns the entire estate for purposes of survivorship but only an undivided share for purposes of alienation.

Petit jury ("small jury"): From Old French petit jurée meaning "small sworn group," a petit jury is a trial jury, now usually just referred to as a jury, that hears evidence and renders a verdict in a civil or criminal case.

Plaintiff (complaining): From Old French plaintif meaning "complaining," the plaintiff is the person who initiates a lawsuit.

Prochein ami (close friend): Law French meaning "next friend" (now more commonly used), derived from Old French meaning "nearest friend." It refers to someone who brings a lawsuit on behalf of someone legally incapable of doing so themselves, such as a minor.

Profit a prendre (right to take): Literally "profit to take" in Old French, also known as the right of common, this is a right to take the natural produce or resources from another person's land, such as minerals, timber, or grazing rights.

Prout de jure (proof at large): A Scots law term derived from Latin but incorporating French legal tradition, meaning "as by law" or "according to law." It indicates that all relevant evidence is admissible in court.

Pur autre vie vs. cestui que vie ("during the term of another person's life" vs. "during the term of one's life"): Old French phrases used in life tenancy and lease arrangements. Pur autre vie means the tenancy lasts for the life of another person, while cestui que vie refers to the person whose life measures the duration of the estate.

Recovery (originally a procedural device): From Old French recovrer meaning "to recover," historically, this was a procedural device involving a stylised lawsuit used to clarify the ownership of land by effectively barring entails and ensuring clear title.

Remainder (originally a substitution-term): From Old French remandre meaning "to remain," in property law, a remainder is an interest in property that takes effect in possession after the termination of a prior estate created at the same time. It was originally a way to designate a substitute beneficiary.

Replevin (to pledge): From Old French replevir meaning "to pledge" (ultimately from Latin replegio meaning "to redeem a thing taken by another"), replevin is a legal action to recover personal property that has been unlawfully taken.

Semble ("it seems"): Old French meaning "it seems" or "it appears to be," this legal expression in law reports indicates that the point being made is uncertain, represents only the judge's opinion (obiter dictum), or is a suggestion by the reporter.

Terre-tenant (person who has the actual possession of land): From Old French terre tenant meaning "land holding," this term specifically refers to a person who is in actual possession of land, particularly in the context of rentcharges or land acquired from a judgment debtor.

Torts (civil wrongs): Derived from medieval Latin tortum meaning "wrong" or "injustice" (from the Latin verb torquere meaning "to twist"), torts are civil wrongs that result in harm or injury, leading to legal liability.

Treasure trove ("found treasure"): From Old French tresor trouvé meaning "found treasure," this refers to treasure (gold, silver, coins, etc.) found by chance, as opposed to items stolen, inherited, or bought. In the UK, the legal term is now simply "treasure."

Voir dire ("to say the truth"): Literally meaning "to say the truth" in Old French (from voir or voire meaning "true," related to Latin verum), in the United States, it refers to the questioning of prospective jurors or witnesses to determine their qualifications. In both the UK and the US, it can also refer to a "trial-within-a-trial" to determine the admissibility of evidence.