Dictionary of Latin Law Terms Duhaime's Latin Law Dictionary"I detest any attempt to bring the law into maxims. Maxims are invariably wrong, that is, they are so generally and large that they always include something which is not intended to be included."To the 1887 obiter dictum of Justice Esher in Yarmouth v France, we reply ab absurdo! Only a dork would try to fit a square peg of a set of facts before a court into the round hole of a Latin maxim.The point of maxims is not to settle any individual case. It is to articulate the principled foundations on which the law is built, de benne esse only.Each is an ancient treasure of Roman law which not only embellish as much the common law as the civil law but rightfully shape, mould and intellectually structure lawyers from the first day of law school to the last law journal read in retirement. Ab Absurdo Latin: an evidentiary suggestion or statutory interpretation that is, or leads to, an absurdity. Aberratio Ictus Latin: the accidental harm to a person; e.g. perpetrator aims at X but by chance or lack of skill hits Y. Ab Initio Latin: from the start; from the beginning. Accusare Nemo Se Debet Nisi Coram Deo Latin: no man is obliged to accusehimself except before God. Actio Personalis Moritur Cum Persona Latin: any right of action dies with the person. Actus Dei Nemini Facit Injuriam Latin: An act of God causes legal injury to no one. Actus Reus Latin: a prohibited act. Actus Reus Non Facit Reum Nisi Mens Sit Rea Latin: conviction of a crime requires proof of a criminal act and intent. Ad Colligendum Bona Latin: for the collection of the goods of the deceased. Ad Damnum Latin: to the damage. Ad Hoc Latin: limited in time; to this point. Ad Infinitum Latin: forever; without limit; indefinitely. Ad Litem Latin: for the suit. Ad Proximum Antecedens Fiat Relatio Nisi Impediatur Sententia Latin: relative words must ordinarily be referred to the last antecedent, the last antecedent being the last word which can be made an antecedent so as to give a meaning. A fortiori Latin: with all the more force. Agnatio Latin: members of a group having a common male ancestor. Alia Enormia Latin: The catch-all phrase in trespass pleadings to refer to all such other harms and damages that may have been caused by the alleged trespasser other than those specified. Alibi A defence to a criminal charge to the effect that the accused was elsewhere than at the scene of the alleged crime. Alieni juris Latin: under the legal authority of another. Amicus Curiae Latin: friend of the court. Animus Latin: intention. Animus Contrahendi Latin: an intention to contract. Animus Furandi Latin: an intent to do wrong. Audi Alteram Partem Latin; literally 'hear the other side'. Audita Querela An application to a court after judgment seeking to avoid execution of that judgment because of some event intervening between judgment and execution which compromises the judgment creditor's entitlement to execution. A Vinculo Matrimonii Latin: of marriage. Avunculus Latin: a mother's brother. Bona Fide Latin: good faith. Bona Vacantia Property that belongs to no person, and which may be claimed by a finder. Bonus pater familias Latin: the good family man. Casus Foederis Latin: treaty event. Causa Causans The real, effective cause of damage. Causa Proxima Et Non Remota Spectatur Latin: the immediate, not the remote cause, is to be considered. Causa Sine Qua Non An intervening cause of loss which, though not direct, may nonetheless contribute to the loss. Caveat Latin: let him beware. A formal warning. Caveat Emptor Let the buyer beware or that the buyers should examine and check for themselves things which they intend to purchase and that they cannot later hold the vendor responsible for the broken condition of the thing bought. Certiorari A formal request to a court challenging a legal decision of an administrative tribunal, judicial office or organization (eg. government) alleging that the decision has been irregular or incomplete or if there has been an error of law. Cestui Que Trust or Cestui Que Use Latin: the beneficiary of a trust. Ceteris Paribus Latin: all things being equal or unchanged. Commodum Ex Injuria Sua Nemo Habere Debet Latin: a wrongdoer should not be enabled by law to take any advantage from his actions. Commorientes Two or more persons dying at about the same time, usually in the same event, but in circumstances in which it is impossible to determine the order of death. Consensus A decision achieved through negotiation whereby a hybrid resolution is arrived on an issue, dispute or disagreement, comprising typically of concessions made by all parties, and to which all parties then subscribe unanimously as an acceptable resolution. Consensus Ad Idem Latin: an agreement - a meeting of the minds between the parties where all understand the commitments made by each. A basic requirement for a contract. Consortium Companionship, love and affection and intimacy between husband and wife within a mariage. Consuetudo Volentes Ducit, Lex Nolentes Trahit Customs leads the willing, law drags the unwilling. Contemporanea Expositio That the meaning of words in a document are to be understood in the sense which they bore at the time of the document. Crimen Omnia Ex Se Nata Vitiat Latin: property obtained by crime is tainted (vitiated). Cuius Est Solum Ejus Est Usque Ad Caelum Latin: whose is the soil, his it is even to the skies and to the depths below. Cuius Est Solum Ejus Est Usque Ad Coelum Et Ad Inferos Latin: for whoever owns the soil, it is theirs up to heaven and down to hell. Culpa Lata Latin: gross negligence. Custodia Legis In the custody of the law; the taking, seizing or holding of something by lawful authority. Damnum Absque Injuria Latin: harm absent a wrong. Damnum Injuria Datum Latin: wrongful injury to the property of another. De Bene Esse To take something for what it is worth, such as evidence collected for the time being, in the absence of, but in anticipation of, litigation, admissibility to be determined when such thing is sought to be used against another at trial. De Bonis Non Latin: assets not yet administered. Decree Nisi A provisional decision of a court which does not have force or effect until a certain condition is met such as another petition brought before the court or after the passage of a period time. Dedimus Potestatem de Attornato Faciendo Latin: An ancient common law exemption from the requirement to attend any court summons in person allowing, instead, representation by an attorney. De Facto Latin: in fact. De Jure Latin: of the law. Delegatus Non Potest Delegare Latin: a delegate cannot delegate. Delict A civil law term which imposes liability on a person who causes injury to another, or for injury caused by a person or thing under his custody. De Minimis Non Curat Lex Latin: a common law principle whereby judges will not sit in judgment of extremely minor transgressions of the law. De Novo Latin: new. Dicta or Dictum Latin: saying. Dies Dominicus Non Est Juridicus Latin: Sunday is not a day for judicial or legal proceedings. Divorce a Mensa et Thoro An obselete form of divorce order which did not end the marriage but allowed the parties to reside separate; in effect, a legal or judicially-sanctioned separation of two married persons. Dominion Utile Latin: the property rights of a tenant; exclusive right to use a thing Dominium Directum Latin: qualified ownership of a land: not having possession or use of property but retaining ownership. Domitae Naturae Animals which are of a nature easily tamed and may be readily domesticated. Donatio Mortis Causa A death-bed gift, made by a dying person, with the intent that the person receiving the gift shall keep the thing if death ensues. Duces Tecum Latin: bring with you. Dum Casta Latin: for so long as she remains chaste. Dum Sola Latin: for so long as she remains unmarried. Dum Sola et Casta Vixerit Latin: for so long as she remains single (unmarried) and chaste. Dum Vidua Latin: for so long as she remains a widow. Ejusdem or Eiusdem Generis Of the same kind or nature. Emptio or Emtio Latin for 'purchase' or referring to the contract in which something is bought. En banc (French) As a full bench. Error In Objecto A mistake by a perpetrator as to the identity of the victim; an error as to the object of his act. Et. al. Latin: and others. Et Impotentia Excusat Legem The law excuses someone from doing the impossible. Ex Aequo Et Bono Latin: in justice and fairness. Exceptio Non Adimpleti Contractus Latin: exception of a non-performed contract. Ex Debito Justitiae Latin: as of right. Ex Juris Latin: outside of the jurisdiction. Ex officio Latin: by virtue of office. Ex Parte Latin: outside the awareness of a party; for one party only. Ex Patriate A person who has abandoned his or her country of origin and citizenship and has become a subject or citizen of another country. Ex Post Facto Latin: after the fact. Expressio Unius Est Exclusio Alterius Latin: the expression of one thing is the exclusion of the other. Ex Rel Latin: on the relation of, or the information of. Ex Turpi Causa Non Oritur Actio Latin: Of an illegal cause there can be no lawsuit. Falsa Demonstratio Non Nacet A wrong description of an item in a legal document (such as a will) will not necessarily void the gift if it can be determined from other facts. Fiat Justitia Ruat Caelum Latin: do justice though the heavens fall. Fieri Facias Latin: that you cause to be made. Mostly used to refer to a writ of judgment enforcement obtained under the old common law of England. Functus Officio Latin: an officer or agency whose mandate has expired either because of the arrival of an expiry date or because an agency has accomplished the purpose for which it was created. Furiosi Nulla Voluntas Est Latin: mentally impaired persons cannot validly sign a commit their will. Furtum Latin: theft or a thing stolen.. Habeas Corpus Latin: a court petition which orders that a person being detained be produced before a judge for a hearing to decide whether the detention is lawful. Hereditas Latin: the estate of a deceased person. Hereditas Damnosa Latin: an inheritance that is more of a burden than a benefit. Hereditas Jacens Latin: an unclaimed estate. Hostis Humani Generis Latin: the enemy of mankind. Ignorantia Juris Non Excusat Latin: ignorance of the law is no excuse. In Absentia Latin: in the absence of. In Camera A closed and private session of Court or some other deliberating body. In Jure Non Remota Causa Sed Proxima Spectatur Latin: In law the near cause is looked to, not the remote one. In Limine Latin: at the beginning or on the threshold. In Loco Parentis A person who, though not the natural parent, has acted as a parent to a child and may thus be liable to legal obligations as if he/she were a natural parent. In Pari Delicto Latin: both parties are equally at fault. In Personam Latin: regarding a person; a right, action, judgment or entitlement that is attached to a specific person(s). In Rem Latin: regarding a thing; proprietary in nature; a right or judgment related to the use or ownership of an item of property. Inter Alia Latin: 'among other things', 'for example' or 'including'. Interest Reipublicae Ut Sit Finis Litium Latin: in the interest of society as a whole, litigation must come to an end. Inter Partes Latin: between, among parties. In Terrorem Latin: in terror, fright, threat or warning. Inter Se Latin: as between or amongst themselves. Inter Vivos Latin: from one living person to another living person. In tota fine erga omnes et omnia Latin: for all purposes, in regards to all and everything. In Toto Latin: in total. Intuitu Personae Latin: Because of the person. Ipso facto Latin: by the act itself. Ipso jure Latin: by operation of law. J. D. Abbreviation for juris doctor or doctor of jurisprudence and the formal name given to the university law degree in the United States. Judex A form of judge in early Roman law. Jura Regalia Rights which belong to the Crown or to the Government. Jurat The written certification by a judicial officer that a deponent or affiant recognizes and endorses all parts of an affidavit he or she proposes to sign, and confirms that an oath has been administered in this regard to the affiant. Jure Latin: by right, under legal authority. Jure Coronae A right of the Crown. Juris Utriusque Doctor Latin: a combined law degree, in both civil and canon law. Jus Latin: the law or a legal right. Jus Ad Bellum Latin: the legal authority to wage war. Jus Cogens Latin: peremptory law. Jus Dispositivum Law adopted by consent. Jus Ex Injuria Non Oritur Latin: a legal right or entitlement cannot arise from an unlawful act or omission. Jus Publicum Latin: legal rights enjoyed by all citizens; more recently used in reference to the right of the public to access shorelines for fishing, boating, swimming, water skiing and other related purposes. Jus Spatiandi Et Manendi Latin: the right to stray and remain. Justiciar An obsolete judicial position of English nobility; that of chief justice of the realm. Lex Causae Latin; law of the cause. Lex Fori Latin for the law of the forum. Lex Loci Contractus Latin: the law of the place where the contract is made. Lex Loci Delecti Latin: the place of the wrong. Lex Non Cogit Ad Impossibilia Latin: The law does not compel a man to do that which is impossible. Lex Non Scripta Unwritten law; the common or custom law. Lex Scripta Written law; statutes. Lex Situs A conflict of law rule that selects the applicable law based on the venue or location of something. Lis Pendens Latin: a dispute or matter which is the subject of ongoing or pending litigation. Locus Latin: the place; venue. Locus Regit Actum Latin: The law of the place where the facts occurred. Locus Standi Latin: legal standing before a court. Lubricum Linquae Non Facile Trahendum Est In Poena Latin: the law tends to overlook rash or inconsiderate language spoken in the heat of the moment. Mala Fides Latin: bad faith. Mandamus A writ which commands an individual, organization (eg. government), administrative tribunal or court to perform a certain action, usually to correct a prior illegal action or a failure to act in the first place. Mansuetae Naturae Latin: animals which are now generally domestic, presumed gentle and readily tamed, such as dogs, cats, cows and horses. Mens Rea Latin for guilty mind; guilty knowledge or intention to commit a prohibited act. Mobilia Sequuntur Personam, Immobilia Situa Latin: movables follow the person, immovables their locality. Modus Operandi Latin: method of operation. Mortis Omnia Solvit Latin: Death puts an end to everything. Mutatis Mutandis Latin: with changes on points of detail. Necessitas Indicit Privilegium Quoad Jura Privata From necessity spring privileges upon private rights. Nemo Debet Bis Vexari Pro Una Et Eadem Causa Latin: No-one shall be tried or punished twice in regards to the same event. Nemo Debet Locupletari Ex Aliena Jactura Latin: no one should be enriched by another's loss. Nemo Judex In Parte Sua Latin: no person can judge a case in which he or she is party or in which he/she has an interest. Nisi Prius Latin: a civil jury trial. Nolle Prosequi Latin: no prosecution. Nolo Contendere Latin: I will not defend. Non Compos Mentis Latin: Not of sound mind. Non Est Factum Latin for not his deed and a special defense in contract law to allow a person to avoid having to respect a contract that she or he signed because of certain reasons such as a mistake as to the kind of contract. Non Sequitur Latin: it does not follow. Noscitur a sociis Latin: that the meaning of a word may be known from accompanying words. Nudum Pactum Latin: an empty pact; a contract for which there is no consideration. Nunc Pro Tunc Latin: deemed retroactive. Nuptias non concubitus sed consensus facit. Latin: consent, not physical intercourse, constitutes marriage. Obiter Dictum Latin: an observation by a judge on a matter not specifically before the court or not necessary in determining the issue before the court. Onus Latin: the burden. Pacta Sunt Servanda Latin: agreements must be kept. Parens Patriae Latin: literally, father of the country. Refers to the inherent jurisdiction of the courts to make decisions concerning people who are not able to take care of themselves. Pari Delicto Latin: of equal fault. Pari Passu Latin: Equitably and without preference. Pendente Lite Latin: during litigation. Per Capita Latin: by the head. The proposed distribution of an estate of property to surviving specified beneficiaries only and not, in the event of pre-death of the beneficiary, to the heirs of the pre-deceased beneficiary. Per Curiam Latin: on behalf of the court. Per Incuriam Latin: through want of care. Per Infortunium Latin: by misadventure. Per Quod Consortium Amisit Latin: whereby he loses the company of his wife. Per Se Latin: of itself. Per Stirpes Latin: an entitlement to participate in the distribution of property, such as an estate, that flows down to the named beneficiary's next heir if he or she is otherwise unable to take his or her share. Pia Causa Latin: charitable purposes. Piracy Jure Gentium Piracy according to the law of nations. Plene Administravit Latin for administration (is) complete. Præcipe or Precipe Latin: an initiating document presented to a court clerk to be officially issued on behalf of the court or a the covering memo or letter from the lawyer (or plaintiff) which accompanies and formally asks for the writ to be issued by the court officer. Praemunire An offence initially to prefer the Pope or his authority as against the King of England or Parliament, but later included a wide assortment of offenses against the King and always leading to serious penalties. Prima Facie (Latin) A legal presumption which means on the face of it or at first sight. Pro Bono Latin: for the good. Pro Forma Latin: for the sake of form. Pro Possessore Latin: a person who holds something only as possessor, not necessarily as owner. Pro Possessore Habetur Qui Dolo Injuriave Latin: he whose possession is taken away by fraud or injury will be deemed to continue to possess. Pro Rata Latin: to divide proportionate to a certain rate or interest. Pro Se Latin: on one’s own behalf. Pro Socio Latin: on behalf of a partnership. Pro Tempore Latin: something done temporarily only and not intended to be permanent. Quaere Latin for "query" as in an issue on which some doubt or question exists. Quaestor In ancient Roman law, senior legal advisor. Quam legem exteri nobis posuere, eandem illis ponemus Latin: What law is imposed by foreign powers on our merchants, we will impose on their's. Quantum Latin: amount or extent. Quantum Meruit Latin: as much as is deserved. Quia Emptores A 1290 English statute that held that notwithstanding the subdivision (subinfeudation) of a feeholding; the new tenant owed feudal rights and obligations not to the seller but to the Land Lord. Quicquid Plantatur Solo, Solo Cedit Latin: whatever is planted in the ground, belongs to the ground. Quid Pro Quo Latin: something for something. Qui Facit Per Alium Facit Per Se Latin: he who acts through another, acts himself. Qui Jure Suo Utitur Neminem Facit Injuriam Latin: he who exercises his legal rights harms no one. Qui Non Obstat Quod Obstare Potest, Facere Videtur Latin: an individual who does not prevent something which he/she could of prevented, is taken to have done that thing. Qui Prior Est Tempore, Potior Est Jure Latin: he who is earlier in time is stronger in law. Qui Tam Latin: who as well. Quod Remedio Destituitur Ipsa Re Valet, Si Culpa Absit Latin: That which is without a remedy is valid by the thing itself, if there be no fault. Quorum The minimum number of voting members that must be in attendance at a meeting of an organization for that meeting to be regularly constituted. Quo Warranto Latin: legal procedure taken to stop a person or organization from doing something for which it may not have the legal authority, by demanding to know by what right they exercise the controversial authority. Rapina Latin: to take away forcefully. Ratio Decidendi Latin: reasons for a decision. Ratione loci Latin: by reason of the place. Ratione Personae Latin: by reason of his person. Rebus Sic Stantibus Latin: changed circumstances. Reddendum Latin: that part of a lease which sets out the amount of rent and when it is payable. Remanet Latin: an action that has been put over, deferred to a later time. Res Derelicta Latin: a thing abandoned. Res Gestae Latin: things done. Res Ipsa Loquitur Latin: the thing speaks for itself. Res Judicata Latin: already subject to judicial determination. Res Noviter Veniens Ad Notitiam Latin: Fact(s) newly coming to knowledge. Respondeat superior Latin: let the principal answer. Restitutio In Integrum Latin: restitution to the original position. Retraxit Latin: a withdrawal of a legal action. Rex Debet Esse Sub Lege, Quia Lex Facit Regem The king should be subject to the law for the law makes the king. Salus Populi Est Suprema Lex Latin: the welfare of an individual yields to that of the community. Scaccarium Latin: chess game but in English law, the exchequer, usually in reference to the Court of Exchequer. Scienter Latin: actual or guilty knowledge; knowingly. Scintilla Juris Latin: a spark of legal right. Se Defendendo Latin: self-defence. Sic Utera Tuo Ut Alienam Non Laedas Latin: use your property in such a fashion so as to not disturb others. Sine Die Latin: without a day. Taken to mean without fixing a day for continuation. Sine Qua Non Latin: without which, not. Situs Latin: location. Stare Decisis Latin: stay with what has been decided. Statutes in Pari Materia Statutes sharing a common purpose or relating to the same subject and which are construed together. Strictissimi Juris Latin: the strictest letter of the law. Sub Judice Latin: under judicial consideration. Subpoena Latin: an order of a court which requires a person to be present at a certain time and place or suffer a penalty (subpoena means, literally, under penalty). Sui Generis Latin: of its own kind. Sui Juris Latin: one's own law; having full capacity. Summa Ratio Est Quae Pro Religione Facit Latin: The best rule is that which advances religion. Tenendum Latin: to be held. In law, that part of a contract in which an interest in real property is created that sets out the extent or limitations of that interest. Tractatus de legibus et consuetudinibus regni Angliae 1188 statement of English common law. Transit In Rem Judicatam Latin: The cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the higher. Uberrimae Fidei Latin: of the utmost good faith. Ubi Jus Ibi Remedium Latin: For every wrong, the law provides a remedy. Ultra Petita Latin: beyond that which is sought. Ultra Vires Latin: without authority. Use Latin: trust. Usufruct The rights to the product of another's property. Usury Excessive or illegal interest rate. Ut Res Magis Valeat Quam Pereat Latin: It is better for a thing to have effect than to be made void. Vacatur Latin: to set aside a judgment. Valeat Quantum Valere Potest Latin: it shall have effect as far as it can have effect. Vana Est Illa Potentia Quae Nunquam Venit In Actum Latin: power is vain if never put into action. Venditio Latin: a sale. Venditio Bonorum Latin: sale of goods. Verba Fortius Accipiuntur Contra Proferentem Latin: a contract is interpreted against the person who wrote it. Videlicet Latin: to wit or that is to say. Vigilantibus Et Non Dormientibus Jura Subveniunt Latin: the law assists those that are vigilant with their rights, and not those that sleep thereupon. Vinculum Juris Latin: a legal bound. Vir Latin: man or husband. Viva Voce Latin: by voice. Viz Latin: to wit, that is to say. Volenti Non Fit Injuria Latin: to one who is willing, no harm is done. Find you are constantly looking up definitions? Try our search provider (works in most modern browsers) If you find an error or omission in Duhaime's Legal Dictionary, or if you have legal term suggestion, we'd love to hear from you!