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Latin Legal Terms

101 cards · 🇺🇸 English

The Latin phrases used every day in legal English, from habeas corpus to stare decisis.

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a fortiori

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1a fortiori
From stronger - an argument from a stronger reason, meaning that because one fact is true, a second related and included fact must also be true
2a mensa et thoro
From table and bed - indicates legal separation without legal divorce
3a posteriori
From later - an argument derived after an event, having knowledge about the event; inductive reasoning from observations
4a priori
From earlier - an argument derived before an event, without needing knowledge about it; deductive reasoning from general principles
5ab initio
From the beginning - commonly used referring to when a contract, statute, marriage, or deed becomes legal
6actus reus
Guilty act - the physical element of committing a crime, part of what proves criminal liability (along with mens rea)
7mens rea
Guilty mind - the mental element of a crime, the intention to commit some wrongful act
8ad hoc
For this - signifies a solution designed for a specific problem, non-generalizable and not intended to be adapted to other purposes
9ad hominem
At the person - attempting to make a point by attacking an opponent's character rather than answering their argument
10ad idem
To the same thing - in agreement
11ad litem
For the case - describes those designated to represent parties deemed incapable of representing themselves, such as a child or incapacitated adult
12ad valorem
According to value - used in taxation and duties based on the assessed value of property
13affidavit
He has sworn - a formal written statement of fact, sworn or affirmed to be true
14alter ego
Another I - a second identity living within a person
15amicus curiae
Friend of the court - a person who offers information to a court regarding a case before it
16animus nocendi
Intention to harm - the subjective state of mind with reference to the exact knowledge of illegal content of behavior and its possible consequences
17bona fide
In good faith - implies sincere good intention regardless of outcome
18bona vacantia
Ownerless goods - property without an apparent owner
19caveat emptor
Let the buyer beware - a legal doctrine wherein a buyer could not get relief from a seller for defects present on property
20certiorari
To be apprised - a type of writ seeking judicial review
21compos mentis
Having command of mind - of sound mind (also used in the negative: non compos mentis)
22consensus ad idem
Agreement to the same - meeting of the minds, mutual assent, or concurrence of wills
23contra legem
Against the law - used when a court hands down a decision contrary to the laws of the governing state
24contra proferentem
Against the one bringing forth - an ambiguous term in a contract shall be interpreted against the party that insisted on its inclusion
25corpus delicti
Body of the crime - a person cannot be convicted of a crime unless it can be proven that the crime was even committed
26corpus juris
Body of law - the complete collection of laws of a particular jurisdiction or court
27cui bono
As a benefit to whom? - suggests that perpetrators can be found by investigating who would have benefited financially from the crime
28de facto
In fact - something true in practice but not officially instituted or endorsed; 'for all intents and purposes'
29de jure
According to law - something established in law, whether or not it is true in general practice
30de minimis
About the smallest things - concerning small amounts or small degrees that the law will not remedy