Latin Legal Terms

ah for-she-OR-ee

"From the stronger"

With even stronger reason; used when a conclusion is reached with even more certainty than a previous one.

ah poh-stair-ee-OR-ee

"From what comes after"

Reasoning derived from observed facts or experience rather than theory.

ah pree-OR-ee

"From what comes before"

Reasoning based on theoretical deduction rather than empirical observation.

ab in-ISH-ee-oh

"From the beginning"

Used to indicate that something is void or invalid from the very start, as if it never existed.

ad HOCK

"For this"

Created or done for a particular purpose as necessary, such as an ad hoc committee.

ad LYE-tem

"For the suit"

Appointed for purposes of a specific lawsuit, such as a guardian ad litem for a child.

ad val-OR-em

"According to value"

A tax or duty calculated as a percentage of the value of goods or property.

af-ih-DAY-vit

"He has sworn"

A written statement confirmed by oath or affirmation, used as evidence in court.

ah-MEE-kus KUR-ee-eye

"Friend of the court"

A person or organization that is not a party to a case but offers information to assist the court.

BOH-nah FY-dee

"In good faith"

Genuine, sincere, and without deception or fraud in legal transactions or dealings.

BUR-den of proof

"Onus probandi"

The obligation to present evidence to support one's case or prove an assertion in court.

KAV-ee-at EMP-tor

"Let the buyer beware"

The principle that the buyer is responsible for checking the quality and suitability of goods before purchase.

sir-shee-oh-RAHR-ee

"To be informed"

A writ by which a higher court reviews a decision of a lower court.

KOR-pus deh-LIK-tie

"Body of the crime"

The fundamental facts necessary to prove that a crime has been committed.

kwee BOH-noh

"To whose benefit"

Used to suggest that the person who benefits from a crime may be the perpetrator.

dee FAK-toh

"In fact"

Something that exists in reality or practice, though not necessarily legally recognized.

dee JUR-ay

"By law"

Something that exists by right or according to law, regardless of actual practice.

dee MIN-ih-miss

"About minimal things"

Something too trivial or minor to merit consideration by the court.

dee NOH-voh

"From new"

Starting over; a trial de novo is a completely new trial as if the first had never occurred.

DUR-ah leks sed leks

"The law is harsh, but it is the law"

An expression acknowledging that laws must be followed even when they seem harsh or unfair.

ee-YUS-dem JEN-er-is

"Of the same kind"

A rule of interpretation that general words following specific words take their meaning from the specific words.

on BONK

"On the bench"

A hearing before the full court rather than a panel of judges.

et AL

"And others"

Used in legal citations to indicate additional parties or authors not specifically named.

eks oh-FISH-ee-oh

"By virtue of office"

Authority or rights that come automatically with a particular office or position.

eks PAR-tay

"From one side"

A proceeding brought by one party without notice to or participation by the opposing party.

eks post FAK-toh

"From after the fact"

A law that retroactively changes the legal consequences of actions committed before the law was enacted.

HAY-bee-us KOR-pus

"You have the body"

A writ requiring a person under arrest to be brought before a judge to determine if detention is lawful.

in ab-SEN-shuh

"In absence"

A trial or proceeding conducted without the defendant being present.

in KAM-er-ah

"In a chamber"

A hearing held in private, in the judge's chambers or with the public excluded from the courtroom.

in flah-GRAN-tay deh-LIK-toh

"In blazing offense"

Caught in the act of committing a crime or other wrongdoing.

in LOH-koh pah-REN-tis

"In place of a parent"

The legal responsibility of a person or organization to take on some parental duties and responsibilities.

in RAY

"In the matter of"

Used in case names to indicate a proceeding about a thing or person rather than adversarial parties.

in SIT-oo

"In position"

In its original place or position; refers to examining evidence where it was found.

IP-soh FAK-toh

"By the fact itself"

By the very nature of the fact; used to denote an automatic consequence.

man-DAY-mus

"We command"

A writ issued by a court ordering a public official or entity to perform a duty.

menz RAY-ah

"Guilty mind"

The mental state or intent required to commit a crime; criminal intent.

MOH-dus op-er-AN-dee

"Method of operating"

A particular way of doing something, especially a criminal's characteristic method.

NOH-loh kon-TEN-der-ay

"I do not wish to contend"

A plea where the defendant neither admits nor disputes a charge, but accepts punishment.

non KOM-pos MEN-tis

"Not of sound mind"

Mentally incompetent or unable to handle one's own affairs.

nunk proh tunk

"Now for then"

Refers to a court order that retroactively corrects a clerical error in the record.

OH-bit-er DIK-tum

"Said in passing"

A judge's comment that is not essential to the decision and doesn't create binding precedent.

per KAP-ih-tah

"By heads"

Distribution of an estate equally among individuals rather than by family groups.

per KYUR-ee-am

"By the court"

A decision issued by an appellate court as a whole rather than authored by a specific judge.

per SAY

"By itself"

Something that is inherently or in itself, without need for further proof or support.

per STIR-peez

"By branch"

Distribution of an estate by family branch, where deceased beneficiaries' shares pass to their descendants.

PRY-mah FAY-shuh

"At first face"

Evidence sufficient to establish a fact unless rebutted; something that appears to be true at first sight.

proh BOH-noh

"For the good"

Legal work done voluntarily and without payment, especially for those unable to afford legal representation.

proh SAY

"For oneself"

Representing oneself in court without an attorney; acting as one's own lawyer.

proh TEM-por-ay

"For the time"

Temporarily or for the time being; often used to describe someone filling a position temporarily.

kwid proh KWOH

"Something for something"

An exchange of goods or services where one transfer is contingent upon the other.

rays IP-sah LOH-kwih-tur

"The thing speaks for itself"

A doctrine allowing negligence to be inferred from the nature of the accident without direct evidence.

rays joo-dih-KAH-tah

"A thing decided"

A matter that has been adjudicated by a competent court and may not be pursued further by the same parties.

STAIR-ay deh-SY-sis

"To stand by decided things"

The legal principle that courts should follow precedents set by previous decisions.

STAY-tus KWOH

"The state in which"

The existing state of affairs; the current or previous situation.

sub-PEE-nah

"Under penalty"

A writ ordering a person to appear in court or produce documents under penalty for failure to comply.

sub-PEE-nah DOO-seez TEE-kum

"Under penalty you shall bring with you"

A subpoena ordering someone to bring documents or evidence to court.

SOO-ee JEN-er-is

"Of its own kind"

Unique; constituting a class of its own; unlike anything else.

VEN-yoo

"Coming"

The geographic location where a case is tried or where jurisdiction exists.

vwahr DEER

"To speak the truth"

The process of questioning potential jurors or witnesses to determine their qualifications and suitability.