Terminology: Knowing Your Latin (A to M)

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Listed below, you will find a cache of oft-used legal terms (i.e. jargon). This list is in no way comprehensive, so please feel free to add as many appropriate terms as possible. Our hope is to make this article an easy-access and user-friendly research tool for anyone interested in the legal process!

A

a posteriori: Involving deduction of theories from facts. It's opposite is a priori.

a priori: (ah-pree-ory) The assumption that a thing is true without need for proof. For example, the assumption that one will awaken after falling asleep. The opposite of a posteriori.

ad hoc: For one purpose only, such as a committee formed to solve one problem, then dissolved once the problem has been dealt with.

ad hominem: Literally "to the person"; attacking someone's character instead of answering their argument.

ad valorem: Literally "according to worth"; in proportion to the value, as in taxation

affidavit: Any document whereon the signatory swears under oath that the statements contained in the document are true.

amicus curiae: Latin for "friend of the court".

B

bona fide: In good faith.

C

caveat: (kah-vee-ott) A caution or warning to take under consideration before making a final decision.

certiorari is a legal term in Roman, English and American law referring to a type of writ seeking judicial review. Certiorari ("to be searched") is the present passive infinitive of Latin certiorare, ("to search").

A Writ of Certiorari is an order by a higher court directing a lower court to send up the record in a given case for review; from the Latin meaning "to be more certain".

corpus: Latin for the body. In law, corpus is generally used to describe the principal of an estate or fund.

corpus juris: The body of law, either of an entire country or of a particular court.

corpus juris civilis: Latin for 'Body of Civil Law', is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor.[1]

D

de facto: Actual, in reality. Of a leader, meaning the one holding power regardless of elected status.

de jure: In accordance with the law.

dictum: Latin for 'remark'. A judicial comment expressed in a ruling that does not bear direct reference to the case at hand.

E

ergo: therefore, because, hence, consequently, etc.

ex facie: ""on the face [of it]," is a legal term typically used to note that a document's explicit terms are defective without further investigation. For example, a contract between two parties would be void if, ex facie, the document does not require party A to give consideration to party B for services rendered."[2]

ex gratia: As a favor or gift.

ex officio: By virtue of the office held.

ex post facto: After the fact. Legally this refers to something that comes into law, but was not previously a crime. The US Constitution (Article I, Section 9) prohibits the application of new laws to acts committed previous to the enactment of the new law.

F

fiduciary:

G

H

habeas corpus:

I

ibid:

in flagrante delicto:

in loco parentis:

in medias res:

J

jus cogens:

K

L

lex communis:

locus poenitentiae:

locus:

M

magna carta:

(writ of) mandamus:

mens rea:

See Also

Terminology: Knowing Your Latin (N to Z)

References

  1. Wikipedia article on Corpus Juris Civilis
  2. Wikipedia article on ex facie

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