[Owl]Legal Terminology (148)



Ab extra
"from outside."

Ab initio  
"from the beginning."

Actio in personam
"action against a person"

Actus reus  
"a guilty deed or act."

Ad hoc  
"for this purpose."

Ad hominem
"to the man"
(Appealing to a person's interests or prejudices rather than to reason)

Ad infinitum  
"forever, without limit, to infinity."

Ad litem
"for the suit/action"

Affidavit
"a sworn deposition"

Alibi
"at another place, elsewhere."

Aliunde
"from elsewhere" or "from a different source."

Amicus curiae
"a friend of the court."

Bona vacantia
"goods without an owner."

Bone fide
"sincere, in good faith."

Cadit quaestio
"the matter admits of no further argument."

Casus belli
"a ground for war"

Caveat feles obesus
"let the fat cat watch out!"

Certiorari
"a writ from a High Court to a lower Court."

Ceteris paribus
"other things being equal."

Consensu
"unanimously or, by general consent."

Contra bonos mores
"contrary to good morals."

Coram non judice
"before one who is not a judge."

Corpus delicti
"body of the crime, i.e. material evidence that a crime has occurred"

Cui bono
"for what good purpose"

Custos morum
"a guardian of morals."

De bonis asportatis
"of goods carried away ."

De die in diem
"from day to day."

De facto
"according to the fact or deed"

De futuro
"in the future."

De integro
"as regards the whole."

De jure
"according to law / by right"

De lege ferenda
"what the law ought to be (as opposed to what the law is)."

De lege lata
"what the law is (as opposed to what the law ought to be)."

De novo
"starting afresh."

Doli incapax
"incapable of crime."

Dominium
"ownership."

Dubitante
"doubting the correctness of the decision."

Dura lex, sed lex.
"The law is hard, but it is the law."

Ei incumbit probatio qui
"the onus of proving a fact rests upon the man, who..."

Et cetera
"other things of that type ."

Et uxor
and (his) wife"

Ex cathedra
"with official authority."

Ex concessis
"in view of what has already been accepted."

Ex curia
"out of court"

Ex facie
"on the fact of it."

Ex gratia
"out of kindness, voluntary."

Ex lege
"arising from the law; as a matter of law"

Ex officio
by virtue of the office held"

Ex parte
"proceeding brought by one person in the absence of another ."

Ex post facto
"by reason of a subsequent act." (acting retroactively)"

Exempli gratia
"for sake of example [e.g.]"

Faciendum
"something which is to be done."

Factum
"an act or deed."

Fiat
"command; lit "let it be done"

Fructus naturales
"vegetation which grows naturally without cultivation."

Habeas corpus
"You shall have the body. / (I command that) you have the body." (A judge's order to bring a person before the court to see whether he is justly imprisoned.)"

Hoc indictum volo.
"I wish this to be unsaid. (I withdraw the statement.)"

Ignorantia legis neminem excusat.
"Ignorance of the law excuses no one."

Imprimatur
"imprint; lit "let it be printed"

In camera
"in chamber / in secret / closed session"

In delicto
"at fault."

In esse
"in existence."

In extenso
"at full length."

In facie curiae
"in the face/presence of the court"

In flagrante delicto
in the act"

In limine
"at the outset, on the threshold."

In loco parentis
"in place of the parent."

In omnibus
"in every respect."

In personem
"against a/the person"

In pleno
"in full."

In propria persona
in one's own person, i.e. on one's own behalf and without lawyer"

In situ
"in its place."

In solidum
Where there are several co-obligants bound "in solidum", each is liable in full payment or performance, and the creditor may choose which of the obligants he will sue. Every person whose name appears on a bill, whether as acceptor or endorser, is liable in full payment of its contents although he may after payment do diligence against the others for relief. Those who in a joint obligation are not bound for the whole but only for their share are said to be liable "pro rata"."

In terrorem
"as a warning or deterrent."

Inter alia
"amongst other things."

Interium
"temporary, in the meanwhile."

Ipsissima verba
"the very words of a speaker."

Ipso facto
"by the fact itself / by that very fact"

Lex scripta
"written law"

Locus in quo
"scene of the event."

Magnum opus
"a great work of literature."

Mala fide
"in/with bad faith / treacherously"

Mala in se
"bad/evil in itself"

Mandamus
"a writ [so called from the first "we command..."]

Mens rea
"guilty state of mind."

Modus operandi
manner of working or operating"

Mutatis mutandis
"things being changed which are to be changed."
This phrase and the use of it may best be explained by an example. A proprietor of an estate fues his lands, and the feu contracts all contain the same general clauses, the same obligations on the feuars and confer the same rights. In such a case two of the feu charters are said to be the same mutatis mutandis, that is, they are the same, if (or when) the name of the disponee, the particular description of the lands feued, and other such-like particulars which are peculiar to each, are changed."

Ne bis in idem
"A person may not be punished twice for the same thing."

Ne exeat
"Let him not go out from the jurisdiction of the court"

Nemo dat quod non habet
"no one can give a better title than he has."

Nemo debet esse iudex in propria
"nobody must be a judge in his own [case]"

Nisi
"unless."

Noli-me-tangere "
"do not touch me" (A warning against touching)"

Nolle prosequi
"I do not wish to pursue" (A prosecutor is dropping all or part of an indictment.)"

Nolo contendere "
"I do not wish to contend." (A guilty plea, leaving open the option of denying alleged facts in later proceedings)"

Non compos mentis
"not having control of the mind" (Not legally responsible)"

Non constat
"it is not certain."

Non est factum
"it is not his deed."

Non sequitur
"an inconsistent statement, it does not follow."

Nunc pro tunc
"now for then" (Indicates action in the present that should have been taken before"

Obiter dictum
"a judge's incidental remark, observation or opinion that is not binding"

Onus probandi
"burden of proof."

Par delictum
"equal fault."

Pari passu
"on an equal footing."

Pendente lite; lis pendens
"while judgment is pending; a case in progress"

Per contra
"the opposite"

Per curiam
"in the opinion of the court."

Per minas
"by means of menaces or threats."

Per quod
"by reason of which."

Per se
"in/by itself"

Prima facie
"on first appearance / at first sight"

Prima impressionis
"on first impression."

Pro Rata
Latin term meaning proportionally; for a proportion. Where several debtors are each liable for the whole debt, they are said to be liable "in solidum" but where each is liable for his own share or proportion only, they are said to be bound "pro rata". An example of both phrases may be found in the liabilty of partners; each is liable "in solidum" for the debts of the partnership in relation to creditors, but each is liable only "pro rata" in relation to between themselves."

Pro bono publico
"for the public good"

Pro forma
"as a matter of form / according to form"

Pro hac vice
"for this occasion."

Pro tanto
"so far, to that extent."

Pro tempore
"for the time / temporarily"

Publici juris
"of public right."

Quaeritur
"the question is raised."

Quantum
"how much, an amount."

Quid pro quo
"consideration, something for something." - a fair exchange"

Quorum
"The number of shareholders or directors at board meetings who must be present at a meeting to allow proceedings to be validly and effectively conducted. The quorum required for a meeting of a company's shareholders and directors is usually two persons present in person or for shareholder's meetings by proxy. The quorum can be varied to suit particular needs and the requirements are contained in the Articles of Association. Any resolutions passed at a meeting without the required quorum are invalid, but may be notified at a subsequent quorate meeting. "

Re
"in the matter of."

Res gestae
"things done / deeds / facts of a case that are admissible as evidence"

Res ipsa loquitur
"the thing itself speaks"; open and shut case

Res nulis  
"nobody's property."

Restitutio in integrum
"complete restoration, putting back as new"

Scandalum magnum
"a great stumbling-block (original meaning of "scandal")"

Sciens  
"knowlingly."

Secus  
"the legal position is different, it is otherwise."

Sine die
"without a day (set for reconvening) / indefinitely"

Sine qua non
"without which not / an essential element or condition"

Status quo
"manner in which / condition / legal condition of a person or thing"

Stet  
"do not delete, let it stand."

Sub judice
"before the judge/court / under judicial consideration"

Sub modo  
"within limits."

Sub nomine  
"under the name of."

Sub silentio  
"in silence."

Subpoena 
"a writ commanding a person to appear in court to give evidence"; lit. "under penalty"

Sui generis  
"unique."

Sui juris
"of one's own right" (Capable of managing one's own affairs)

Suppressio veri  
"the suppression of the truth."

Talis qualis  
"such as it is."

Uberrima fides  
"good faith."

Ultra vires
"in excess of the power possessed; lit "beyond strength"

Uno flatu  
"at the same moment, with one breath."

Verbatim  
"word by word, exactly."

Volens
"willing."


Legal expressions used in legal parlance - Singapore Academy of Law