Glossary - latin terms

To find a particular LATIN TERM, click on one of the following letters:

A | B | C | D | E | F | H | I | L | M | N | O | P | Q | R | S | U | V

A

Actus Reus   GUILTY ACT   The offence of which the defendant is accused Ad Colligenda Bona   TO COLLECT THE GOODS   A temporary order for the administration of an estate of a deceased person used when the estate is of a perishable nature Ad Hoc   FOR THIS PURPOSE   Ad Hoc decisions are made as and when a situation demands:- Ad Hoc committees are formed to address a particular issue - Ad Hoc meetings would take place to discuss specific matters Ad Idem   OF SAME MIND   i.e. as one; agreed e.g. the parties are ad idem on this point

Ad Infinitum   WITHOUT LIMIT   Describes an event apparently continuing without end Ad Litem   FOR THE SUIT   Denotes a temporary appointment which continues during legal proceedings i.e. Guardian Ad Litem Amicus Curiae   A FRIEND OF THE COURT   A neutral party who does not represent any individual party in the case who will be asked by the Court to make representations from an independent viewpoint Ante   BEFORE   An indication within text to refer to an earlier passage

B

Bona Fide   IN GOOD FAITH   A Bona Fide Agreement is one entered into genuinely without attempt to fraud

Bona Vacantia   Denotes the absence of any known person entitled to the estate of a deceased person

C

Caveat   BEWARE/TAKE CARE   An entry in the court records that effectively prevents action by another party without first notifying the party entering the Caveat Compos Mentis   OF SOUND MIND   Legally fit to conduct/defend proceedings

Cor (Coram)   IN THE PRESENCE OF

D

De Bonis Non Administratis   OF GOODS NOT ADMINISTERED   A person appointed to administer an estate following the death of the original administrator De Facto -   IN FACT   "As a matter of fact" De Jure   BY RIGHT

Doli Incapax   Incapable of crime Duces Tecum   BRING WITH YOU   Order to produce document to court

E

Erratum   AN ERROR Exempli Gratia (e.g.)   FOR EXAMPLE -   Used when qualifying a statement by explaining through a relevant example Ex Gratia   AS A MATTER OF FAVOUR   An Ex Gratia payment would be awarded without the acceptance of any liability or blame

Ex Officio   BY VIRTUE OF HIS OFFICE   A magistrate sitting with a judge at the Crown Court would appear ex officio in a case where no judicial function is to be exercised by the magistrate e.g. case committed to Crown Court for sentence only Ex Parte   BY A PARTY   An ex parte application is made to the Court during proceedings by one party in the absence of another or without notifying the other party Ex Post Facto   BY A SUBSEQUENT ACT   Something that occurs after the event but having a retrospective effect

F

Forum Conveniens   AT A CONVENIENT PLACE   A Court having jurisdiction in a particular case

Functus Officio   HAVING DISCHARGED DUTY   A judicial or official person prevented from taking a matter further because of limitation by certain regulations

H

Habeas Corpus   PRODUCE THE BODY   A writ which directs a person to produce someone held in custody before the court

I

Ibid   IN THE SAME PLACE   Used in text to refer to a page previously mentioned Id Est (i.e.) -   THAT IS TO SAY   Used as a description to explain a statement Ignorantia Juris non excusat -   IGNORANCE OF THE LAW IS NO EXCUSE   If committing an offence a guilty party cannot use as a defence the fact that they did so without knowledge that they were breaking the law In Camera   IN THE CHAMBER   The hearing of a case in private without the facts being reported to the public In Curia   IN OPEN COURT   The hearing of a case before a court sitting in public In Personam   AGAINST THE PERSON   Proceedings issued against or with reference to a specific person - an admiralty action in personam would be issued against the owner of a ship

In Re   IN THE MATTER OF   A heading in legal documents which introduces the title of the proceedings In Rem   AGAINST THE MATTER   Proceedings issued or directed against property as opposed to a specific person - an admiralty action in rem would be issued against the ship itself In Situ   IN ITS ORIGINAL SITUATION Intra   WITHIN Intra Vires (See Ultra Vires )   WITHIN THE POWER OF   An act that falls within the Jurisdiction of the Court Ipso Facto   BY THE FACT   The reliance upon facts that together prove a point

L

Locus in quo   THE PLACE IN WHICH   during proceedings may be used as reference to subject matter i.e. scene of accident

M

Mens Rea   GUILTY MIND   The intention to commit an offence whilst knowing it to be wrong

Mutatis Mutandis   THE NECESSARY CHANGES BEING MADE   Denotes that instructions should not be followed verbatim but by amending where necessary

N

Non Compos Mentis   NOT SOUND IN MIND   A person classed as unfit to conduct/defend legal proceedings Nota Bene (nb)   NOTE WELL   An abbreviation denoting that the reader of an article should make a particular note of the article mentioned.

Nulla Bona   NO EFFECTS   A return entered by a Sheriff to a High Court writ of execution which indicates the defendant had no goods of any value to remove

O

Obiter Dictum   A SAYING BY THE WAY   Words said in passing by a Judge on a legal point but not constituting part of the evidence or judgment

P

Per   AS STATED BY Per Capita   BY HEADS   e.g. the cost is £50 per capita - £50 each person Per Pro (pp)   THROUGH ANOTHER   A person delegated to act for another Per Se   BY ITSELF   Denoting that the topic should be taken alone Post   AFTER   An indication to refer to something to be found further on

Prima Facie   FIRST SIGHT   Prima Facie evidence would be considered sufficient to prove a case unless disproved - if no Prima Facie evidence can be offered there is no case to answer Pro Forma   A MATTER OF FORM   Pro Forma procedure is performed subject to and following an agreed manner Pro Rata   IN PROPORTION   Dividends distributed on a Pro Rata basis would be according to the amount of investment Pro Tempore (Pro Tem)   FOR THE TIME BEING -   Temporarily

Q

Quasi   AS IF   Any person exercising powers similar to those of a judge would be sitting in a Quasi-Judicial capacity

R

Ratio Decidendi   The principles of law applied by a Court upon which a judicial decision is based Res Judicata   A THING ADJUDGED   Once a case has been finally decided upon by a Court the same parties cannot attempt to raise the issue by or during further proceedings

Res Ipsa Loquitur   THE THING SPEAKS FOR ITSELF   An event that has occurred which, if the subject of litigation, would not require an onus of proof by the plaintiff because of the obvious negligence of the defendant

S

Semble   IT APPEARS Sine Die   WITHOUT A DAY   A hearing adjourned sine die stands open indefinitely without a further hearing having been allocated

Sub Judice   IN THE COURSE OF TRIAL   Whilst a court case is under consideration. Proceedings are sub-Judice and details cannot be disclosed Subpoena ad Testificum   TO PRODUCE EVIDENCE   A writ directed to a person commanding him/her, under a penalty, to appear before a Court and give evidence

U

Ultra Vires (See Intra Vires )   BEYOND THE POWER   An act that falls outside or beyond the jurisdiction of the court

V

Videlicet (Viz)   NAMELY   Used in text to indicate examples