Latin Legal Terms for Law Students
Share
Many Latin terms appear in legal terminology and maxims. This is a partial list of expressions that originate from Latin or have been adapted into Anglicised Law Latin.
a fortiori (from stronger): An a fortiori argument means reasoning that if one fact is true, then a second, even more obvious or stronger fact must also be true; it is commonly used to strengthen legal arguments by analogy.
a mensa et thoro (from table and bed): This describes a legal separation without ending the marriage itself; the couple lives apart but remains legally married, often used in matrimonial law.
a posteriori (from later): A posteriori reasoning derives from experience or factual observation after an event, often used in evidentiary arguments or empirical legal reasoning.
a priori (from earlier): A priori reasoning proceeds from general principles or theory without needing experience, used in forming legal principles or assumptions before facts are tested.
a quo (from which): Refers to the lower court in an appellate procedure, often mentioned as the "court a quo" from which an appeal is made.
ab extra (from outside): Describes something arising externally, such as funding or influence coming from a third party in a case, relevant in disputes about external interference.
ab initio (from the beginning): Means that something, such as a contract or legal status, is considered effective from the start, often important in cases where invalidity or retroactive effect is argued.
absque hoc (without this): Used historically in pleading to deny a material fact introduced by the opposing party, often found in old forms of special traverse.
actio non datur non damnificato (an action is not given to one who is not injured): Expresses that legal actions typically require proof of harm, fundamental in tort and contract law.
actus legis nemini facit injurium (the act of law injures no one): A principle meaning that the operation of law itself does not legally harm anyone, important in statutory interpretation.
actus non facit reum, nisi mens sit rea (an act does not make one guilty unless the mind is guilty): Establishes that criminal liability generally requires both a wrongful act and a guilty state of mind (mens rea).
actus reus (guilty act): One of the two essential elements in criminal law (with mens rea), referring to the physical action or unlawful omission constituting the crime.
ad coelum (to the sky): Refers to the property law principle that ownership of land extends above and below the surface, historically significant for air and mineral rights.
ad colligenda bona (to collect the goods): A court order allowing someone to collect and preserve the assets of a deceased person pending the resolution of inheritance disputes.
ad hoc (for this): Refers to something created specifically for a particular purpose or case, not intended to be adapted or used in other contexts.
ad hominem (at the person): Describes an argument that attacks an opponent’s character instead of addressing the merits of their argument, often seen as a logical fallacy.
ad idem (to the same thing): Means that parties have reached agreement on the terms of a contract, crucial in determining mutual assent.
ad infinitum (to infinity): Refers to something that continues endlessly, often used to describe ongoing legal obligations or principles.
ad litem (for the case): Designates someone appointed by a court to represent the interests of another party, such as a minor or incapacitated person, in a legal action.
ad quod damnum (according to the harm): Principle in tort and compensation law that damages awarded should correspond directly to the harm suffered.
ad valorem (according to value): Used particularly in tax law, referring to duties or taxes assessed based on the value of the goods or property.
adjournment sine die (adjournment without a day): Describes the ending of a legislative session without assigning a date to reconvene, effectively closing the matter indefinitely.
affidavit (he has sworn): A written statement confirmed by oath or affirmation, used as evidence in court proceedings.
allocatur (it is allowed): Indicates a court’s decision to allow an appeal or writ, particularly used in Pennsylvania legal practice similar to "certiorari."
alter ego (another I): Refers to a secondary or alternative personality or legal persona, often used in corporate law to describe when a corporation and its owner are treated as the same entity.
alteri stipulari nemo potest (no one can contract for another): Expresses the principle that contractual rights cannot be created on behalf of another person without their authority.
amicus curiae (friend of the court): A person or organisation offering information or expertise to assist a court, even though not a party to the case.
animus contrahendi (contractual intent): Refers to the intention to create legal relations necessary for forming a binding contract.
animus manendi (intention to remain): Describes the intention to establish a permanent residence in a place, important for determining domicile.
animus nocendi (intention to harm): Indicates a criminal's subjective intent to cause harm, relevant in assessing the seriousness of offences.
animus possidendi (intention to possess): Describes the mental element necessary, along with control, to establish possession over property.
animus revertendi (intention to return): Refers to the habitual return behaviour of animals kept by humans, important in property law regarding ownership of wild animals.
animus testandi (testamentary intent): Denotes the intent that a document should serve as a last will and testament, necessary for validating wills.
ante (before): Commonly seen in contexts like "antenuptial agreement," referring to contracts made prior to marriage.
(in) arguendo (for the sake of argument): Used when hypothetically accepting a point during legal argument without conceding it as true.
bona fide (in good faith): Denotes sincere and honest intention without deceit, often required in contractual dealings to show legitimacy and fairness.
bona vacantia (ownerless goods): Refers to property that has no rightful owner, usually passing to the state when a person dies without heirs or a valid will.
cadit quaestio (the question falls): Indicates that a dispute or issue has been resolved or no longer requires judicial consideration.
casus belli (case of war): Describes a situation or event that justifies a declaration of war, often cited in international law and diplomacy.
caveat (may he beware): Acts as a warning or caution, frequently used to alert parties to potential risks or legal conditions.
caveat emptor (let the buyer beware): States the principle that buyers assume the risk for the quality and condition of goods purchased unless protected by warranty.
certiorari (to be apprised): A writ from a higher court requesting the review of a lower court’s decision, commonly used to seek judicial review.
cessante ratione legis cessat ipsa lex (when the reason for a law ceases, so does the law itself): Expresses that a law should become obsolete if the reason for its existence no longer applies.
ceteris paribus (with other things the same): Used mainly in economics and law to mean that all other factors are held constant while examining the effect of one variable.
compos mentis (having command of mind): Describes a person of sound mind, capable of managing their legal and personal affairs.
condicio sine qua non (a condition without which it could not be): Refers to an essential condition or action without which an event could not occur, crucial in causation analysis.
consensus ad idem (agreement to the same): Denotes the meeting of the minds necessary for a valid contract, where all parties agree on the fundamental terms.
contra (against): Used in legal citations to refer to an authority that opposes or contradicts the proposition being asserted.
contra legem (against the law): Refers to actions, decisions, or interpretations that directly contravene established laws.
contradictio in adjecto (contradiction in adjective): Points to a logical inconsistency where a descriptive term negates the meaning of the noun it modifies.
contra proferentem (against the one bringing forth): A doctrine stating that ambiguities in a contract should be interpreted against the party that drafted it.
coram non judice (before one who is not a judge): Describes proceedings conducted before a court or tribunal lacking proper jurisdiction.
corpus delicti (body of the crime): Refers to the principle that proof of a crime's occurrence is necessary before a person can be convicted.
corpus juris (body of law): Denotes a complete collection of the laws within a particular jurisdiction or legal system.
corpus juris civilis (body of civil law): Refers to the compilation of Roman civil law ordered by Emperor Justinian, forming a foundation for many modern legal systems.
corpus juris gentium (body of the law of nations): Describes the collection of international legal principles recognised by nations.
corpus juris secundum (second body of the law): A comprehensive encyclopedia of U.S. law compiled from state and federal court decisions.
crimen falsi (crime of falsifying): Refers to crimes involving deceit and falsehood, such as forgery and perjury.
cui bono (as a benefit to whom?): A legal principle suggesting that investigating who benefits from a crime can reveal the perpetrator.
curia advisari vult (the court wishes to consider): Indicates that a court will take time to deliberate before rendering a judgment.
de bonis asportatis (carrying goods away): Specifies the unlawful taking of goods, typically in the context of larceny combined with trespass.
debellatio (warring down): Refers to the complete defeat and destruction of an enemy state, ending a war.
de bonis non administratis (of goods not administered): Pertains to the remaining assets of an estate after the original administrator dies or is removed.
de die in diem (from day to day): Refers to daily labor arrangements or actions that are renewed or reviewed each day.
de facto (in fact): Describes practices that exist in reality, even if not officially sanctioned by law.
de futuro (concerning the future): Relates to events or obligations that are intended to occur at a future date.
de integro (concerning the whole): Implies starting afresh or doing something over completely, often used in legal rehearings.
de jure (according to law): Refers to something legally recognised, regardless of whether it exists in reality.
de lege ferenda (of the law as it should be): Concerns proposals or suggestions about future changes in the law.
de lege lata (of the law as it is): Discusses the current state of the law without speculating on reforms or improvements.
de minimis (about the smallest things): Refers to matters so minor that the law does not concern itself with them.
de minimis non curat lex (the law is not concerned with minimal things): Establishes that trivial matters are not actionable in law.
de novo (anew): Refers to a new trial or a fresh consideration of a case, as if it had not been heard before.
deorum injuriae diis curae (the gods take care of injuries to the gods): Expresses that offenses against deities are for the gods themselves to judge, not the state.
dictum (thing said): A judicial remark or observation made incidentally in a decision, not essential to the ruling.
doli incapax (incapable of guilt): Presumes that certain individuals, such as young children, lack the capacity to commit crimes.
dolus bonus (good deceit): Refers in Roman law to permissible forms of trickery or negotiation, as distinguished from fraud.
dolus malus (bad deceit): Describes intentional deception aimed at causing harm, notably condemned in Roman legal texts.
dolus specialis (specific deceit): Pertains to a specific intent to commit a wrongful act, especially emphasised in international criminal law like genocide.
domitae naturae (tame by nature): Refers to animals that are domesticated and whose possession is subject to property rights, as opposed to wild animals.
donatio mortis causa (deathbed gift): Refers to a gift made by someone anticipating imminent death, which only becomes effective upon their death.
dramatis personae (persons of the drama): Lists or refers to the characters involved in a drama or legal proceedings.
duces tecum (bring with you): Refers to a subpoena ordering someone to produce documents or evidence in court.
ejusdem generis (of the same class): Known as a "canon of construction," this principle states that when a specific list of items is followed by more general terms, the general terms should be interpreted to include only items similar to those specifically listed, commonly used in statutory interpretation.
eo nomine (by that name): Literally meaning "by that name," this term is used to refer to something specifically designated or named in legal pleadings or judgments, particularly when identifying specific parties or liabilities.
erga omnes (towards all): Meaning "towards all," this term is used in international law to describe obligations or rights that are owed to or enforceable by the entire international community, such as prohibitions against genocide.
ergo (therefore): Literally translated as "therefore," this term is used in legal argumentation and reasoning to introduce a conclusion logically drawn from the preceding statements.
erratum (having been made in error): Meaning "having been made in error," this term refers to a correction of a mistake found in a legal document or publication after it has been issued.
et al. (and others): An abbreviation of et alii, meaning "and others," used primarily in case names or academic citations when referring to multiple parties without listing all their names.
et cetera (and other things): Literally "and other things," this term is widely used to indicate that a list is not exhaustive and that additional, similar items are implied without being individually mentioned.
et seq. (and the following things): Short for et sequens, meaning "and the following ones," this is used in legal citations to indicate that the reference extends to the immediately following pages, sections, or statutes.
et uxor (and wife): Meaning "and wife," this term is traditionally used in legal documents to refer to a man and his wife together, rather than naming the wife separately.
et vir (and husband): Translating to "and husband," this term is the counterpart to et uxor and is used to denote a woman and her husband collectively in legal documents or case titles.
ex aequo et bono (of equity and [the] good): Literally "according to what is fair and good," this term describes the discretion given to arbitrators to decide a dispute based on equity and fairness rather than strictly according to the law, typically with the parties' consent.
ex ante (of before): Meaning "before the event," this term is used in risk assessment and legal analysis to refer to evaluations or forecasts made based on anticipated rather than actual outcomes.
ex cathedra (from the chair): Literally "from the chair," referring to authority that derives from one's official position, such as when a judge or a high religious figure issues an authoritative statement.
ex concessis (from what has been conceded already): This term, meaning "from what has been conceded already," describes an argument that builds on admissions already made by an opposing party, often used in logical reasoning and pleadings.
ex delicto (from a transgression): Meaning "from a transgression," this term is used to describe legal actions or liabilities arising from wrongful acts, typically referring to tortious or criminal misconduct.
ex demissione (from the letting): Used historically in the action of ejectment, this phrase indicated that the plaintiff brought an action based on a fictional lease.
ex dolo malo non oritur actio (no action arises from a fraud): Meaning "no action arises from harm," this legal maxim expresses the principle that a lawsuit cannot be founded upon an immoral or illegal act.
ex facie (on the face): Translating to "on the face," this term is used to describe a situation where the invalidity of a document or act is apparent without needing further evidence or interpretation.
ex fide bona (from good faith): Meaning "from good faith," this principle emphasises the importance of honesty and fairness in commercial transactions and business conduct.
ex gratia (by favour): Literally "by favour," this term describes payments or actions undertaken voluntarily, without the compulsion of a legal obligation, often in settlement contexts.
ex officio (from the office): Meaning "by virtue of the office," this term refers to actions or powers exercised because of one's official position, such as an ex officio member of a committee.
ex parte (from [for] one party): Translating to "from one party," this term is used for legal proceedings or motions made by and for one party without the presence or notification of the opposing party.
ex post (from after): Meaning "from after," this term is used to describe analyses or actions that are based on events that have already occurred.
ex post facto (from a thing done afterward): Literally "after the fact," this term refers to laws that apply retroactively, especially those that criminalise actions that were legal when originally performed.
ex post facto law (retroactive law): A law that criminalises or increases the penalties for actions after they have been committed, generally prohibited in many legal systems to protect due process rights.
ex proprio motu (by [one’s] own motion): Meaning "by one's own accord," this term refers to an action initiated by a court or authority without a formal request from a party, often seen in judicial procedures.
ex rel. (arising out of the narration [of the relator]): An abbreviation of ex relatione, meaning a case brought by the government at the instigation of a private individual (the relator), commonly used in qui tam actions.
ex tempore (at the time): Translating to "at the time," this term is used to describe decisions given immediately at the end of a hearing, without reserving judgment.
exempli gratia (for the sake of example): Commonly abbreviated "e.g.," this term is used to introduce examples that clarify or illustrate a preceding statement.
ex tunc (from then): Meaning "from then," this term refers to legal decisions or effects that are retroactive to the date of the original act, as opposed to merely applying prospectively.
ex turpi causa non oritur actio (no action arises from an immoral cause): This maxim states that a claimant cannot pursue a legal remedy if it arises in connection with his own illegal act, preserving the integrity of the legal system.
ex nunc (from now on): Meaning "from now on," this term specifies that the effects of a legal action, such as the annulment of a contract, take effect only from the time of the judgment or event, without retroactive effect.
extant (existing): Literally "still existing," this term describes objects, documents, or legal instruments that are currently surviving, rather than lost or destroyed.
facio ut facias (I do, that you may do): Meaning "I do, that you may do," this term describes a contract where one party agrees to perform an act in exchange for the reciprocal act of another party.
factum (deed): Meaning "deed," this term has various uses, including an assured statement made under oath, the formal completion of a will, or a written summary of a party's case in Canadian courts.
favor contractus (favour of the contract): Meaning "favour of the contract," this principle prefers upholding the validity and enforceability of contracts whenever possible, particularly in treaty and international law contexts.
felo de se (felon of himself): An archaic term meaning "felon of himself," used under old English law to refer to a person who committed suicide, historically treated as committing a felony against themselves.
ferae naturae (wild animals by nature): Meaning "wild animals by nature," this doctrine holds that wild animals are not owned by anyone until captured or possessed, relevant in property and tort law.
fiat (let it be done): Meaning "let it be done," this term describes a short judicial order or authorisation allowing a specified act to proceed, commonly used in procedural rulings.
fieri facias (may you cause to be done): Translating to "may you cause to be done," this term refers to a writ ordering a sheriff to seize and sell a debtor's property to satisfy a judgment.
fortis attachiamentum, validior praesumptionem (strong attachment, the stronger presumption): Meaning that the greater the attachment of a chattel to land, the stronger the presumption it has become a fixture, this principle helps courts determine property disputes.
forum non conveniens (disagreeable forum): Refers to a legal doctrine where a court declines to exercise jurisdiction because there is a more appropriate forum available to hear the case.
fumus boni iuris (smoke of a good right): Denotes the appearance or presumption of a sufficient legal right or cause of action, justifying the granting of interim relief.
functus officio (having performed his office): Describes a person, court, statute, or document that has exhausted its legal function and thus holds no further authority.
gravamen (things weighing down): Refers to the essential basis or material part of a complaint or grievance in a lawsuit.
guardian ad litem (guardian for the case): A court-appointed representative who acts on behalf of individuals unable to represent themselves, particularly minors or incapacitated persons, during legal proceedings.
habeas corpus (may you have the body): A writ that demands a detained individual be brought before a court to determine whether the detention is lawful.
hostis humani generis (enemy of the human race): A designation for individuals, such as pirates, whose actions are considered crimes against all humanity and are prosecutable by any nation.
imprimatur (let it be printed): An official authorisation to publish a document, often granted by a religious authority or a censor.
in absentia (in absence): Refers to legal proceedings or decisions made without the presence of one of the involved parties.
in articulo mortis (at the moment of death): Commonly used for testimony or declarations made at the point of death, often considered with special legal significance.
in camera (in the chamber): Describes proceedings held privately, away from the public and press, usually to protect sensitive information.
in curia (in court): Refers to matters or hearings conducted openly in a court of law, in contrast to private hearings.
in esse (in existence): Signifies something that currently exists, as opposed to something that is merely possible or hypothetical (in posse).
in extenso (in the extended): Means "in full," often used to refer to publishing a complete, unabridged version of a document or text.
in extremis (in the extreme): Refers to actions or situations occurring under extreme conditions, often close to death or disaster.
in flagrante delicto (in blazing offence): Describes being caught in the very act of committing a wrongdoing or crime.
in forma pauperis (in the manner of a pauper): A legal status allowing a person to proceed without the costs normally associated with legal action, granted due to financial hardship.
in futuro (in the future): Pertains to rights, obligations, or conditions that will take effect at a future date rather than presently.
in haec verba (in these words): Used when quoting a document exactly as written, often for legal precision or necessity.
in limine (at the threshold): Refers to motions or issues raised at the outset of a trial, typically to exclude certain evidence before it is presented to the jury.
in loco parentis (in the place of a parent): Describes a situation where an individual or institution assumes parental responsibilities and duties for a minor.
in mitius (in the milder): A principle whereby retroactive laws that reduce penalties or decriminalise past actions are applied for the benefit of the accused.
in omnibus (in all): Signifies that something applies universally or in every respect across a given situation.
in pari delicto (in equal offence): Used when both parties in a lawsuit are equally at fault for the wrongdoing involved.
in pari materia (in the same matter): A doctrine where laws relating to the same subject matter are interpreted consistently with each other.
in personam (in person): Refers to legal actions or judgments directed at a specific individual, as opposed to property.
in pleno (in full): Indicates something done or considered completely, fully, or by an entire group.
in propria persona (in one's own person): Describes a litigant representing themselves in court without the assistance of a lawyer.
in re (in the matter [of]): Used to title legal proceedings that concern property or issues rather than disputes between individuals.
in rem (about a thing): Refers to legal actions directed against property itself, rather than against a person.
in situ (in position): Describes something existing in its original or natural place, often used in legal and scientific contexts.
in terrorem (in order to frighten): A warning or threat intended to dissuade someone from taking legal action, rather than an actual initiation of a suit.
in terrorem clause (clause "in order to frighten"): A clause in a will intended to discourage legal challenges by threatening disinheritance.
in toto (in total): Refers to considering or accepting something wholly, completely, or entirely.
indicia (indications): Marks or signs, particularly those identifying ownership or intellectual property rights.
infra (below or under): Indicates a reference to a later part of a document or discussion, meaning "see below."
iniuria sine damno (injury without financial or property loss): Refers to the principle that the violation of a legal right is actionable even without demonstrable damage, as in the case cited in Ashby v White.
innuendo (by nodding): An indirect or subtle implication, often suggesting something negative or defamatory.
inter alia (among others): Used to indicate that something mentioned is one among multiple possible examples or items.
inter rusticos (among rustics): Refers to agreements made between non-legal professionals, often judged with more leniency regarding formalities.
inter se (amongst themselves): Describes rights, obligations, or relationships between members of the same group, distinct from the group's relations with outsiders.
inter vivos (between the living): Relates to transfers of property made during a person's lifetime, as opposed to testamentary transfers upon death.
intra (within): A general prefix meaning "inside" or "within," used in various legal and organisational contexts.
intra fauces terrae (within the jaws of the land): Refers to territorial waters within a nation's maritime boundary.
intra legem (within the law): Denotes actions or conduct that operate fully within the framework of the law.
intra vires (within the powers): Describes acts carried out under proper legal authority, as opposed to ultra vires actions done beyond such authority.
ipse dixit (he himself said it): A statement asserted without proof, resting solely on the authority of the speaker.
ipsissima verba (the very words): Refers to quoting another source exactly, particularly for important legal precision.
ipso facto (by the fact itself): Describes a situation where a fact automatically results in a legal consequence, without further need for action.
ipso jure (the law itself): Indicates that something occurs or is effective by operation of law alone, without needing any further action.
ius (law): A general Latin term for "law," used in a variety of compound phrases concerning rights and legal principles.
ius civile vigilantibus scriptum est (civil law is written for the vigilant): Refers to the principle that private law protects those who are proactive and diligent in safeguarding their rights and interests.
jurat ((he) swears): Appears at the end of an affidavit, indicating the declarant's oath and the official before whom the affidavit was sworn.
juris privati (of private right): Denotes matters pertaining to private interests rather than public concerns, highlighting the distinction between personal and governmental legal matters.
jus (law, right): A broad term simply meaning "law" or "right," foundational to many legal expressions concerning rights and legal frameworks.
jus accrescendi (right of survivorship): Refers to the automatic passing of a deceased joint tenant's interest in property to the surviving joint tenant(s).
jus ad bellum (laws to war): Governs the conditions under which a state may legally engage in war, distinct from the rules regulating the conduct of war itself (jus in bello).
jus civile (civil law): Represents the codified body of law that governs the rights and duties of citizens within a particular jurisdiction.
jus cogens (compelling law): Refers to fundamental international legal norms from which no deviation is permitted, such as the prohibition of genocide.
jus gentium (law of nations): Refers to customary international law principles recognised by all civilised nations, governing basic interactions between states.
jus in bello (law in war): Relates to the legal standards regulating conduct during warfare, distinct from the justification for entering into war (jus ad bellum).
jus inter gentes (law between the peoples): Describes the law governing treaties and international agreements between different nations or peoples.
jus legationis (right of legation): The recognised right of states to send and receive diplomatic representatives in the conduct of international relations.
jus naturale (natural law): Encompasses universal legal principles considered inherent to human nature and reason, transcending national legal systems.
jus primae noctis (right of the first night): A supposed medieval right whereby a feudal lord could claim the virginity of his serf's bride on her wedding night, though its historical existence is debated.
jus sanguinis (right of blood): A principle of nationality law where citizenship is determined by one's parents' citizenship rather than place of birth.
jus soli (right of soil): A principle of nationality law where citizenship is conferred based on the location of one's birth.
jus tertii (law of the third): A legal argument raised by a third party to challenge the legal claim of one of the principal parties in a property dispute.
jus tractatuum (law of treaties): Refers to the branch of international law that governs the creation, interpretation, and enforcement of treaties.
lacuna (void, gap): Indicates a gap or absence in the law where no applicable legal rule or provision exists to address a particular situation.
lex communis (common law): Refers to a set of underlying civil law principles common to various jurisdictions, forming a general legal framework.
lex fori (law of the forum): The legal system of the jurisdiction where a court case is heard, determining procedural and substantive issues.
lex lata (the carried law): Refers to the law as it currently stands and has been enacted, in contrast to proposed or theoretical law.
lex loci (law of the place): Refers to the applicable law based on the location where a legal issue arose, often invoked in contract or tort disputes.
lex scripta (written law): Law that has been formally codified and enacted in written form, distinct from unwritten customary or common law.
liberum veto (free veto): A procedural mechanism allowing any member of a legislative assembly to veto legislation, thereby halting proceedings entirely.
lingua franca (the Frankish language): A bridge language used for communication between groups with different native languages, especially for trade or diplomacy.
lis alibi pendens (lawsuit elsewhere pending): Describes a situation where a case is already pending in another court, potentially preventing duplicate litigation.
lis pendens (suit pending): Refers to the existence of ongoing legal proceedings, often serving as notice to others that property or rights are subject to litigation.
locus (place): A general term meaning "place," used in various legal contexts to specify locations relevant to legal rights or disputes.
locus delicti (place of the crime): Refers to the location where a crime was committed, critical in determining jurisdiction and applicable law.
locus in quo (the place in which): Specifies the location where a cause of action arose, often relevant in tort cases.
locus poenitentiae (place of repentance): The opportunity to withdraw from a contract or unlawful act before being legally bound or criminally liable.
locus standi (place of standing): Refers to the right of an individual or entity to bring a legal claim or appear in court.
mala fide (in bad faith): Describes conduct marked by dishonesty or fraudulent intent, often undermining legal claims or defences.
malum in se (wrong in itself): Refers to actions considered inherently evil or wrong, regardless of specific legal prohibitions.
malum prohibitum (prohibited wrong): Refers to acts made wrong only because they are prohibited by statute or regulation, not inherently immoral.
mandamus (we command): A court order compelling a government official, agency, or lower court to perform a mandatory duty correctly.
mare clausum (closed sea): Refers to maritime areas under the sovereign control of a state, limiting access or navigation by others.
mare liberum (open sea): Refers to international waters that are open for navigation and use by all nations without restriction.
mea culpa (through my fault): An expression acknowledging personal responsibility or fault, often in formal apologies.
mens rea (guilty mind): One of the key elements in criminal law, referring to the mental state or intent necessary to commit a crime.
modus operandi (manner of operation): Refers to a habitual method or pattern of behaviour, especially in the context of criminal activity.
mortis causa (in contemplation of death): Refers to gifts or legal arrangements made with the anticipation of the donor's imminent death.
mos pro lege (custom for law): Refers to the principle that established customs can have the force of law, meaning that longstanding practices, even if unwritten, may be legally binding in the same way as codified statutes.
motion in limine (motion at the start): A procedural device used at the beginning of a trial to request that certain evidence be deemed inadmissible or certain issues be resolved before the case is presented to the jury.
mutatis mutandis (having changed [the things that] needed to be changed): A phrase used to instruct that alterations should be made as necessary when applying a statement or example to a different but analogous situation.
ne exeat (let him not exit): A writ used to prevent a party involved in a legal proceeding from leaving the jurisdiction of the court, ensuring they remain available for the case's resolution.
nemo dat quod non habet (nobody can give what he has not): A fundamental principle in property law and bankruptcy law, meaning that one cannot transfer a better title to property than they themselves possess.
nemo debet bis vexari (pro una et eadem causa) (no-one should be tried twice [for one and the same charge]): Expresses the doctrine of double jeopardy, protecting individuals from being tried twice for the same offence.
nemo iudex in causa sua (no-one should be a judge in his own case): A core principle of natural justice, requiring impartiality by disqualifying individuals from judging cases where they have a personal interest.
nemo potest dare quod suum non est (no one can give what he possesses not): Reinforces the legal concept that a person cannot transfer rights or property that they do not legally own.
nemo potest esse tenens et dominus (no one can at the same time be a tenant and a landlord): States that one cannot simultaneously hold the roles of landlord and tenant regarding the same property, emphasising legal clarity in property relationships.
nemo potest mutare consilium suum in alterius iniuriam (nobody can change his own purpose to another's injury): Asserts that an individual cannot change their actions or plans to the detriment of another person who relied on the original arrangement.
nemo potest nisi quod de jure potest (a person can do only things which they can do lawfully): Highlights that actions outside the scope of legal rights are considered void, emphasising the limits of legal authority.
nemo potest praecise cogi ad factum (nobody can be forced to a specific act): Reflects the idea that individuals cannot be legally compelled to perform a specific act against their will unless the law explicitly allows it.
nemo potest venire contra factum proprium (no-one can act in a way contrary to his own prior actions): Establishes the doctrine of estoppel, where a party is prevented from contradicting previous conduct that induced another's reliance to their detriment.
nemo potest facere per alium quod per se non potest (no one can do through another what he cannot do himself): Maintains that an unlawful act cannot become lawful merely because it is performed by another person on one's behalf.
nihil dicit (he says nothing): Occurs when a party fails to respond or plead in a lawsuit, often resulting in a default judgment against them.
nisi (unless): Describes a decree or court order that is conditional and will only become fully effective if no objection or other specified event occurs.
nisi prius (unless first): Refers to the court of first instance, where a legal case is initially tried, as opposed to an appellate court.
nolle prosequi (not to prosecute): A formal notice from a prosecutor indicating the decision to discontinue or not pursue charges against a defendant.
nolo contendere (I do not wish to argue): A plea in criminal court whereby the defendant does not admit guilt but also does not contest the charges, often treated similarly to a guilty plea without admission.
non adimpleti contractus (of a non-completed contract): Legal doctrine where a party cannot sue for breach of contract if they themselves have not fulfilled their own obligations under the contract.
non compos mentis (not in possession of [one's] mind): A term used to describe a person who lacks the mental capacity to enter into a contract, make a will, or perform other legal acts.
non constat (it is not certain): Indicates that certain facts or assertions are not clearly established or verified, often leading to exclusion of the information from formal proceedings.
non est factum (it is not [my] deed): A defence allowing a party to void a contract if they can show that their signature was obtained through misrepresentation or without understanding the nature of the document.
non est inventus (he was not found): A report by a sheriff or court officer stating that a defendant could not be located within the jurisdiction to be served with legal documents.
non liquet (it is not clear): A verdict given when the court finds that the evidence is insufficient to prove guilt or innocence; equivalent to "not proven" in some legal systems.
non obstante verdicto (notwithstanding the verdict): Refers to a judge's authority to set aside or modify a jury’s verdict if it is found legally deficient or unjustified.
novus actus interveniens (a new action coming between): A doctrine breaking the chain of causation, where a new, independent act intervenes and thereby removes liability from the original wrongdoer.
noscitur a sociis (it is known by the company it keeps): A principle of statutory interpretation that the meaning of an ambiguous word can be clarified by the words surrounding it.
nota bene (note well): A term used to highlight particularly important information or a cautionary note within legal documents or communications.
nullum crimen sine lege (no-one can face punishment except for an act that was criminalised before he performed the act): Affirms that no one can be punished for an act that was not a crime at the time it was committed.
nulla poena sine culpa (no punishment without fault): States that a person cannot be punished unless they are found to have committed a wrongful act or culpable omission.
nudum pactum (naked promise): An agreement without consideration, and therefore generally unenforceable under common law principles of contract.
nulla bona (no goods): A sheriff’s return indicating that a defendant has no seizable property to satisfy a judgment debt.
nunc pro tunc (now for then): A court’s action to retroactively correct an earlier clerical or procedural error, treating it as having been done at the original time.
obiter dictum (a thing said in passing): A judicial comment made during a decision that does not form part of the legal reasoning or binding precedent, but may be persuasive in future cases.
onus probandi (burden of proof): The responsibility resting on a party to establish the facts necessary to prove their case to the required legal standard.
ore tenus (evidence presented orally): Describes testimony or arguments presented orally in court rather than in written form.
pace (with peace): A polite expression used when respectfully expressing a disagreement with another person's opinion or statement.
par delictum (equal fault): A principle where both parties involved in wrongdoing share equal blame, often impacting remedies in civil disputes.
parens patriae (parent of the nation): The doctrine by which the state assumes a protective role over individuals unable to care for themselves, such as minors or the mentally incapacitated.
pari passu (on equal footing): Describes a situation where creditors or beneficiaries are treated equally, often in the distribution of an insolvent estate.
partus sequitur ventrem (offspring follows the belly): A legal doctrine from slavery law stating that the status of a child follows that of the mother.
pendente lite (while the litigation is pending): Refers to temporary court orders that apply during the course of litigation, particularly common in family law cases.
per capita (by head): A method of distributing an estate where each beneficiary receives an equal share individually, rather than by branch of the family.
per contra (by that against): A legal term used to introduce a contrary argument or opposite statement in legal reasoning.
per curiam (through the court): A type of decision issued collectively by a court without individual attribution to a particular judge.
per incuriam (by their neglect): Describes a judgment made without considering relevant legal precedents, thus not binding as authoritative precedent.
per minas (through threats): Refers to the defence that a person's actions were performed under duress and therefore may not incur liability.
per proxima amici (by or through the next friend): A legal term describing when a lawsuit is brought by an adult on behalf of a minor or legally incapacitated person.
per quod (by which): Used to indicate that an injury or wrong is shown through external circumstances rather than being apparent on its face.
per se (by itself): Indicates that something is inherently or automatically a certain way without needing further explanation or demonstration.
per stirpes (by branch): A method of distributing an inheritance where descendants of a deceased beneficiary receive that beneficiary’s share.
periculum in mora (danger in delay): Justification for urgent court intervention when delay would cause harm, such as in applications for injunctive relief.
persona non grata (unwelcome person): A designation by a host country that a foreign diplomat or official is no longer welcome and must leave the country.
posse comitatus (power of the county): Refers to the authority of law enforcement to enlist the aid of citizens to maintain public order or apprehend fugitives.
post hoc ergo propter hoc (after this, therefore because of this): A logical fallacy where causation is incorrectly inferred from mere sequence.
post mortem (after death): Commonly refers to a medical examination (autopsy) conducted to determine cause of death.
post mortem auctoris (after the author's death): Refers to rights and privileges (especially intellectual property rights) that persist after an author's death.
postliminium (return from the other): Refers to the restoration of legal standing and property rights to a person who returns to the jurisdiction of Rome, typically after being in captivity or exile.
praetor peregrinus (magistrate of foreigners): The Roman praetor responsible for legal matters involving non-Roman citizens, handling disputes where at least one party was not a Roman.
prima facie (at first face): Describes a matter that appears to be sufficiently supported by evidence to be presumed true, unless proven otherwise, indicating that there is enough initial evidence to proceed with a case.
pro bono (for good): Refers to professional work, typically legal services, done voluntarily and without charge, for the benefit of the public or specific individuals in need.
pro bono publico (for the public good): Similar to pro bono, but specifically emphasises that the professional work is done for the benefit of the community or the public at large.
pro forma (as a matter of form): Describes actions or things done as a formality or as a matter of routine procedure, without necessarily having substantial meaning or effect.
pro hac vice (for this turn): Refers to a lawyer who is permitted to participate in a specific case in a jurisdiction where they are not generally admitted to practice law.
pro per (abbreviation of propria persona, meaning "one's own person"): Describes someone who represents themselves in a legal proceeding without the assistance of a lawyer, also known as pro se representation.
pro rata (from the rate): Describes a calculation that is adjusted proportionally to a relevant value, such as a tenant's rent being calculated based on the portion of the month they occupied the premises.
pro se (for himself): Describes representing oneself in a legal proceeding without a lawyer, synonymous with pro per representation.
pro tanto (for so much): Refers to a partial payment of an award or claim, often based on the defendant's ability to pay the full amount.
pro tem (abbreviation of pro tempore, meaning "for the time being"): Describes something, such as an office or position, that is held temporarily.
pro tempore (for the time being): Describes something, such as an office or position, that is held temporarily.
propria persona (proper person): Refers to someone representing themselves in a legal proceeding without the services of a lawyer, also known as pro per representation.
qua (which; as): Used to indicate the capacity in which someone is acting or being considered.
quae ipso usu consumuntur (consumed by the use itself): Refers to objects whose intended purpose involves their consumption or destruction, such as food, fuel, or money.
quaeritur (it is sought): Used to introduce a question or indicate that a question is being raised for discussion or consideration.
quaere (query): Used in legal drafts or documents to draw attention to some uncertainty, ambiguity, or inconsistency in the cited material.
quantum (how much): Refers to an unspecified amount or quantity.
quantum meruit (as much as it deserves; as much as she or he has earned): A quasi-contractual remedy in contract law that allows for reasonable payment for work or services performed, even when a specific price was not initially agreed upon.
quantum valebant (as much as they were worth): A common law remedy to determine reasonable damages when a contract has been breached, specifically concerning the implied promise of payment for goods delivered.
quasi (as if): Describes something that resembles or is similar to another thing, without actually being identical to it.
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"): Describes a legal action where a private individual assists in the prosecution of a case and is entitled to a portion of any resulting fines or penalties.
quid pro quo (this for that): Refers to an equal exchange of goods, services, or money, where each party receives something of value in return for what they provide.
quo ante (as before): Describes a return to a specific state of affairs that existed prior to a particular action or event.
quo warranto (by what warrant): A legal request or writ demanding that someone show by what legal right they are exercising a particular power or authority.
quoad hoc (as to this): Used to specify that a statement or rule applies only "with respect to" the particular thing or matter being discussed.
Rex or Regina (King or Queen): Used in British legal cases to refer to the Crown, with "R" standing for either Rex (King) or Regina (Queen), depending on the current monarch.
ratio decidendi (reason for the decision): The legal principle or reasoning in a court's decision that forms the basis of the precedent set by that case, binding on future courts.
ratio scripta (written reason): Refers to the perceived authority and influence of Roman law, particularly during the Medieval period, where it was considered a model of legal reasoning.
ratione soli (by reason of the soil): Describes certain rights or liabilities that arise from the ownership of the land itself, such as rights related to wild animals found on that land.
rebus sic stantibus (things thus standing): A doctrine in international law and contract law that allows for a treaty or contract to be terminated or modified if there is a fundamental change in circumstances.
reddendo singula singulis (referring solely to the last): A canon of construction stating that in a list of items with a qualifying phrase at the end, the qualifier refers only to the last item in the list.
res (thing, matter, issue, affair): A fundamental Latin term used across all branches of law to refer generally to a subject or object of legal rights or obligations, whether tangible or intangible.
res communis (common to all): Refers to resources such as airspace or bodies of water, which are considered common property not subject to private ownership but available for use by all people until captured or otherwise lawfully possessed.
res derelictae (abandoned goods): Denotes material property that has been abandoned by its owner, allowing it to become subject to possession by the first person to take control of it.
res ipsa loquitur (the thing speaks for itself): A doctrine in tort law permitting an inference of negligence from the mere occurrence of certain types of accidents, typically when such incidents would not happen without negligence.
res gestae (a thing done): Used in different areas of law to refer either to the entire sequence of a criminal act or to statements closely related to an event, often admitted as evidence despite hearsay rules.
res judicata (a matter judged): Denotes a case or issue that has been definitively settled by a court, thus barring the same parties from relitigating the same matter again.
res nova (a new thing): Refers to a legal issue or factual situation that has not yet been addressed or decided by a court, requiring the court to establish a new precedent.
res nullius (nobody's thing): Describes property that is not owned by any individual, and thus is available to be claimed by the first person to take possession, often discussed in the context of wild animals or newly discovered land.
res publica (public affair): Refers to matters of collective civic concern; the term is the root of the word "republic," emphasising governance and issues that belong to the populace at large.
respondeat superior (let the master answer): A principle holding that an employer (or other principal) is legally responsible for the actions of their employee (or agent) if those actions occur within the scope of employment.
scandalum magnatum (scandal of the magnates): An obsolete offence in British law that involved defamatory statements made against nobility or high-ranking individuals.
scienter (knowingly): A mental state indicating that an individual acted with full knowledge of the wrongfulness or falsity of their actions, often relevant in cases of fraud or deceit.
scire facias (let them know): A legal writ ordering that a party be formally notified of legal proceedings concerning them, historically significant for reviving judgments or enforcing rights.
scire feci (I have made known): The formal declaration made by a court officer confirming that a writ of scire facias has been properly served on the relevant party.
secundum formam statuti (according to the form of the statute): A phrase used to affirm that an act, document, or legal procedure complies exactly with the requirements set out by statute.
se defendendo (self-defence): A justification in criminal law whereby an individual is excused from liability for harming another when acting to protect oneself or another from imminent harm.
seriatim (in series): Describes the sequential handling of matters by a court or the practice of judges issuing separate opinions rather than delivering a unified decision.
sine die (without day): Refers to an adjournment or suspension of a legal proceeding without specifying a date to reconvene, leaving the matter open indefinitely.
sine qua non (without which, nothing): Denotes an essential condition or element, without which a particular outcome or legal result cannot occur.
situs (the place): Pertains to the location where property exists or where a legal event (such as a tort) has occurred, often influencing jurisdiction and applicable law.
stare decisis (to stand by [things] decided): A foundational doctrine requiring courts to follow established precedents when deciding similar future cases, promoting consistency and stability in the law.
status quo (the state in which): Refers to the current or existing state of affairs, often used in legal contexts to describe maintaining conditions as they are pending a decision.
status quo ante (the state in which before): Describes the state of affairs existing prior to a particular event or action, often the condition to which parties seek to return following a dispute or contract rescission.
statu quo / status quo ante / statu quo (the state in which): An alternative form (less commonly used than "status quo") used similarly to refer to the existing state of matters, particularly in contractual contexts when restoring an injured party.
stratum (a covering, spread out): In property law, refers to layers or divisions, such as multiple levels of a building in condominium ownership; in sociology, denotes social, cultural, or economic layers of society.
sua sponte (of its own accord): Indicates an action taken independently by a court or other official body without any motion or request from the parties involved.
sub judice (under the judge): Refers to matters that are currently under judicial consideration and thus generally not to be discussed publicly to avoid prejudicing proceedings.
sub modo (subject to modification): A contractual term allowing for certain limited changes to an agreement, acknowledging that while the contract is binding, some flexibility exists.
sub nomine (under the name): Abbreviated as "sub nom.," this term is used in case citations to indicate that a case proceeded under a different name at some stage, usually after appeal.
sub silentio (under silence): Refers to a decision or ruling made implicitly by a court without expressly mentioning it, often inferred from the court’s actions or broader ruling.
subpoena (under penalty): A legal writ compelling an individual to appear in court, produce documents, or provide testimony, under threat of penalty for noncompliance.
subpoena ad testificandum (under penalty to be witnessed): A specific type of subpoena that commands an individual to provide oral testimony before a court or other legal authority.
subpoena duces tecum (bring with you under penalty): An order compelling an entity to produce physical evidence or a witness in a legal matter, ensuring that relevant materials are presented to the court.
suggestio falsi (false suggestion): A false statement made during the negotiation of a contract, potentially leading to the contract being voided due to misrepresentation.
sui generis (of its own kind/genus): Describes something that is unique amongst a group, indicating that it is in a class of its own and cannot be easily categorised.
sui juris (of his own right): Refers to someone who is legally competent to manage their own affairs, meaning they are not under any legal disability like minority or incapacity. Also spelled sui iuris.
suo motu (of its own motion): Refers to a court or official agency taking action on its own accord, without prompting from other parties, similar to ex proprio motu or sua sponte.
supersedeas (refrain from): A bond provided by an appellant to the court, requesting a delay in the payment of awards or damages, pending the outcome of the appeal, essentially staying the execution of a judgment.
suppressio veri (suppression of the truth): The wilful concealment of the truth when there is a duty to disclose it, such as withholding critical information in a contractual negotiation.
supra (above): Used in legal citations to refer to a source that has been previously cited in the same document, avoiding the need for a full re-citation.
terra nullius (no one's land): Land that has never been part of a sovereign state, or land that a sovereign state has relinquished its claim to, historically important in international law concerning territorial claims.
trial de novo (trial anew): A completely new trial of a matter that was previously judged, distinct from an appeal, where the case is reheard as if the first trial never occurred.
trinoda necessitas (three-knotted need): Refers to a threefold tax levied on Anglo-Saxon citizens to fund the maintenance of roads, the construction of buildings, and the support of the military.
uberrima fides (most abundant faith): A concept in contract law, particularly in insurance, requiring all parties to act with the utmost good faith and honesty, disclosing all material facts.
ubi eadem ratio, ibi idem jus (where there is the same reason there is the same law): A legal maxim stating that similar reasoning should lead to similar legal outcomes, promoting consistency in the application of law.
ubi jus ibi remedium (wherever a right exists there is also a remedy): A fundamental principle stating that if a legal right is violated, there must be a legal means to seek redress, ensuring that rights are enforceable.
ultra vires (beyond the powers): Describes an act that requires legal authority to perform but is done without obtaining that authority, often applied to actions taken by corporations or government bodies.
universitas personarum (totality of people): An aggregate of people or a body corporate, such as a college, corporation, or state, viewed as a legal entity.
universitas rerum (totality of things): An aggregate of things or property, considered as a legal entity or a distinct collection.
uno flatu (in one breath): Used to criticise inconsistencies in speech or testimony, where someone makes contradictory statements in quick succession.
uti possidetis (as you possess): An ancient concept in international law regarding conflicts, stating that each party retains possession of the property they held at the end of the conflict, unless treaties dictate otherwise.
uxor (wife): Used in legal documents as a substitute for a wife's name, often abbreviated as et ux. to indicate "and wife."
vel non (or not): Used to present a binary choice, indicating the consideration of whether something is either present or absent.
veto (forbid): The power of an executive, such as a president or governor, to prevent an action, most notably the enactment of legislation.
vice versa (the other way around): Indicates that a statement or situation is true or applicable both ways, or in reverse order.
vide (see): Used in legal citations to direct the reader to another location or source for further information or reference.
videlicet (contraction of videre licet, meaning "it is permitted to see"): Used in legal documents to mean "namely" or "that is," clarifying or specifying a preceding statement. Usually abbreviated as viz.
viz. (abbreviation of videlicet): Namely or that is.
vigilantibus non dormientibus iura subveniunt (The laws benefit those who are vigilant rather than those who sleep): A legal maxim stating that the law favours those who actively protect their rights and interests, rather than those who are negligent or inactive.