Latin For Lawyers
Latin For Lawyers
Latin For Lawyers
LAWYERS
The Language of the Law
By
LAZAR EMANUEL
J.D., Harvard Law School
Published by
LAZAR EMANUEL
_____________________
ISBN 1-56542-499-9
PREFACE
I have tried in this book to do several things.
y To identify those words, phrases and axioms which still find their way in their
original Latin into legal study and writing.
y To identify all words and phrases in current English used by lawyers and derived
from Latin
y To trace the origin of the words and phrases by identifying and defining their
Latin roots.
y To define each entry in every sense in which it has meaning for lawyers.
y To list in each definition appropriate references to such documents as the U.S.
Constitution, the Federal Rules of Civil Procedure, the ABA Model Rules of
Professional Conduct, and other documents of concern to lawyers.
My hope is that law students and lawyers will find this a useful tool for studying the
origin, development and meaning of all legal words and terms which can be traced
to Latin.
In my work in this book, I have been struck especially by the many different
meanings which are ascribed by lawyers to some words of Latin origin. These
differences reflect linguistic nuances which are important and interesting. I have
tried to express these nuances simply and clearly.
I have also been struck by the enormous debt we owe to a language which is no
longer spoken but which still dominates the language of lawyers.
Lazar Emanuel
Larchmont, New York
1999
AB [L. motion away from a fixed point]
From, away from.
AB AETERNO [L. ab + aeternus / eternal, everlasting]
From eternity; eternally.
AB ANTE [L. ab + ante / before]
In advance of; beforehand.
ABDUCT [L. ab + duco, ducere / to lead from; to lead away]
To carry a person off by force; to kidnap; to take a child from its parents or a
wife from her home by force.
AB INITIO [L. ab + initium / the beginning]
From the beginning. Used generally to indicate that a document or an event
— e.g., a contract, statute, deed, marriage, etc. — was effective from and
relates back to its inception or creation. The term void ab initio establishes
that an act or document never had any valid or effective existence.
See EX POST FACTO; IN INITIO; VOID AB INITIO
AB INITIO MUNDI [L. ab + initium + mundi / world]
From the beginning of the world.
AB INVITO [L. ab + invitus / against one’s will; unwilling]
Against one’s will.
AB IRATO [L. ab + ira / anger; angrily]
In anger, angrily.
ABJURE [L. ab + iuro, iurare / to swear]
To renounce under oath. To disclaim or reject a claim or a right, such as citi-
zenship, in a formal way, as in a sworn document.
AB OLIM [L. ab + olim / old, formerly, in past times]
Long ago; in past times; formerly.
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ABOLISH, ABOLITION
6
LATIN FOR LAWYERS
ership, mortgages, tax liens, etc. Also used in the sense of an abridgment, as
an abstract of a judgment or record on appeal.
ABUSE [L. abuti / to use up, to consume]
To put to an improper use; to reduce the value of, diminish; to waste. To criti-
cize excessively or intemperately in speech or comment. To damage or injure
mentally or physically; harm, mistreat. A judge may be guilty of abuse of dis-
cretion (misapplication of the law through whim or caprice). Abuse of pro-
cess is the malicious misuse of civil or criminal procedure to achieve an
improper or unlawful advantage over an adversary.
ACCELERATE [L. accelerare / hasten, quicken]
To cause to go faster; speed up. To move to an earlier time. An acceleration
clause in a contract or mortgage causes the entire obligation to become due or
payable immediately, upon the default of a party to pay interest or to perform
any other obligation in accordance with the terms of the document.
ACCESS [L. accedere / to approach, draw near]
To have freedom, permission or license to approach or communicate with
another or to enter upon and/or pass through a place. The right of a land-
owner to proceed without obstruction to a public street or highway.
ACCESSION [L. accedere / to approach, draw near]
In law, the right to anything of value produced on or from one’s property,
both real and personal. In real property, for example, accession may result
from natural development; e.g., the lumber from trees or a change in the
course of a stream. In personal property, accession may result from the
owner’s labor; e.g., the production of a sculpture from a piece of stone or
metal.
See ACCRETION
ACCESSORY [L. accedere / to approach, draw near]
In criminal law, a person who participates in a crime without being present
when it is committed. Participation may result from such acts as planning or
advising, or from obtaining or concealing a weapon, etc. An accessory may
be before the fact, after the fact, or during the fact (in these contexts, the
word fact is equivalent to the word crime). In most states, an accessory before
the fact is now treated in the same way as the person who commits the crime.
ACCOMMODATE [L. ad / towards + commodo, commodare / to make fit, to
serve, to suit]
To please by providing with something desired or requested. To cause to
agree or accept. To serve the interest of a debtor or obligor by acknowledging
or accepting responsibility for a debt or obligation in the event it is not paid
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ACCOMPLICE
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LATIN FOR LAWYERS
9
ACTIO FURTI
ACTIO FURTI
An action brought under civil law to recover a penalty from a thief of goods.
ACTIO IN PERSONAM
A civil action to enforce rights against an individual.
See IN PERSONAM
ACTIO IN REM
A civil action to enforce rights over an object or a piece of property.
See IN REM
ACTION [L. actio / action]
The initiation of a suit or proceeding to enforce a right or obligation; the suit
or proceeding itself.
See EX CONTRACTU; EX DELICTO; IN PERSONAM; IN REM;
QUASI IN REM
ACTIO PERSONALIS MORITUR CUM PERSONA
A personal action dies with the person. This ancient concept is no longer rec-
ognized in our laws.
ACTIO VENDITI
A civil action to enforce a contract of sale.
ACTORI INCUMBIT ONUS PROBANDI
The plaintiff has the burden of proof.
ACTUARY [L. actuarius / anything fast or easily moved; a swift-sailing ship; a
shorthand writer]
A clerk. A person who is employed in mathematical calculations, especially
in the calculation of life expectancy, insurance and annuity premiums,
reserves and dividends.
ACTUM [L. act]
An act, a deed, a performance.
ACTUS REUS [L. actus / act + reus / the defendant]
A criminal act; the “guilty act” or the “deed of crime”; the objective act
which defines or constitutes a crime; e.g., the killing of another is the actus
reus of murder or manslaughter.
See MENS REA
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LATIN FOR LAWYERS
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AD GRAVE DAMNUM
AD GRAVE DAMNUM
To the great damage of.
ADHESION [L. adhaerere / to cling to, attach to]
In International Law, the agreement of one nation to be bound by the terms of
part or all of a treaty or agreement; e.g., a convention on copyrights. In com-
mercial law, an adhesion contract is an onerous sale contract or lease pre-
pared by one party and offered to the other party on a “take it or leave it”
basis.
See ONEROUS
AD HOC [L. ad + hic, haec, hoc / this]
For this; for this particular purpose only. Someone or something selected or
designated for a special purpose, as an ad hoc committee; also used to
describe an act done at the spur of the moment, as an ad hoc solution or an ad
hoc demonstration.
AD HOMINEM [L. ad + homo / man, a human being]
To the person; an attack on a person’s character rather than his ideas or posi-
tion.
See ARGUMENTUM AD HOMINEM
AD IDEM [L. ad + idem / the same]
To the same end or effect. Having the same idea or understanding; being on
the same wave length. (e.g., the parties were never ad idem — the parties
never had the same understanding.)
AD INFINITUM [L. ad + infinitus / infinite, unbounded, without end]
Without end or limit.
See IN INFINITUM
AD INSTANTIAM PARTIO
At the instance or request of a party (to the action).
AD INTERIM [L. ad + interim / meanwhile, in the meantime]
In the meantime; for a limited time; temporary. Ad interim alimony is tempo-
rary support pending the outcome of the proceeding. An interim copyright is
a copyright for a limited time, shorter than for a conventional copyright.
ADJUDICATE [L. ad + iudicare / to judge]
To render judgment; to decide an issue or matter; to determine the rights and
obligations of parties to an action after a hearing or trial.
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LATIN FOR LAWYERS
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ADMINISTRATOR DURANTE MINORE AETATE
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LATIN FOR LAWYERS
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AFFIDAVIT
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LATIN FOR LAWYERS
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ALIENI JURIS (ALSO ALIA JURIS)
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LATIN FOR LAWYERS
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ALLUVIUM (ALLUVION)
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LATIN FOR LAWYERS
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ANALECTS
ANALECTS [L. analecta / the term for a slave who picked up the crumbs after
a meal]
Selected miscellaneous passages from a text or decision; excerpts.
ANCILLARY [L. ancilla / a female servant or slave]
Someone who helps to do or achieve a goal or objective. An act or proceed-
ing which is supplemental, subordinate or auxiliary to anothor act or proceed-
ing but which helps to achieve the goal of that act or proceeding.
ANCILLARY ADMINISTRATION
If a decedent leaves property in a state other than the state in which his estate
is being administered, the courts of the state in which the property is located
will entertain and conduct an ancillary administration to collect and dispose
of the property. The state in which the estate is being administered is called
the place of principal administration.
ANCILLARY JURISDICTION
The power of a court to hear and determine issues incidental to matters fall-
ing under its primary jurisdiction. A doctrine of federal jurisdiction which
permitted a federal court to decide an issue which could not otherwise have
come before it, so long as it had primary or “core” jurisdiction over a case;
e.g., the court could decide a claim by a party other than the plaintiff even
though it might lack diversity or amount-in-controversy jurisdiction over that
claim. Application of the doctrine was generally limited to claims by parties
who might otherwise be deprived of the right to litigate the issue; e.g., a party
with a compulsory counterclaim. Ancillary jurisdiction is now embodied in
28 USCA 1367, under Supplemental Jurisdiction.
ANCILLARY PROCEEDING
An administrative or judicial proceeding which is subordinate, but necessary,
to the outcome of a primary action or proceeding; e.g., a garnishment pro-
ceeding. In bankruptcy cases, the domestic assets of a debtor who is the sub-
ject of a foreign bankruptcy proceeding may be reached in an ancillary
proceeding brought in a federal district court by the foreign representative of
the bankrupt estate.
ANCILLARY RECEIVER
The person appointed to collect and administer in one jurisdiction the assets
in that jurisdiction of a debtor who is the subject of an insolvency proceeding
in another jurisdiction; e.g., the appointment of a domestic receiver in a for-
eign bankruptcy proceeding.
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LATIN FOR LAWYERS
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ANTE
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LATIN FOR LAWYERS
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APPENDANT
26
ARGENTARIUS [L. argentum / silver]
A money lender; a banker.
ARGUENDO [L. arguo + arguere / to clarify, put in a clear light]
To state a proposition for the sake of argument or to illustrate a point, without
conceding it; e.g., “let us assume, arguendo, that Lincoln was in favor of sla-
very”.
ARGUMENTUM AD HOMINEM
An argument directed at the character or reputation of a person, rather than
the point or question at issue.
See AD HOMINEM
ARGUMENTUM AD INVIDIUM
An argument based on or displaying hatred or prejudice.
ARGUMENTUM AD POPULUM
An argument which is directed to the crowd.
ARGUMENTUM AD REM
An argument which is directed to the point at issue; an argument on point.
ARMA IN ARMATOS JURA SINUNT
The law allows the use of arms against those who take up arms.
ARSON [L. ardeo + ardere / to glow, burn, be on fire]
The wilful burning of a building or structure with criminal intent. The felony
of destroying a building, including a building of the perpetrator, by fire or, in
some states, by use of explosives.
ASPORTATION [L. asportare / to carry off, take away]
The removal of a person or thing from one place to another. The crime of kid-
napping at common law was described as the asportation of a person; larceny
is the asportation of another’s property.
ASSET [L. ad + satis / enough]
An article of property. All the property, possessions and belongings of a per-
son or entity. Any item having value. Those items shown on a balance sheet
which represent property owned or earned. A capital asset is an item of prop-
erty retained for its utility in producing products or income, not one held for
resale in the regular course of business. A current asset is cash or anything
which can be reduced to cash quickly and easily. A tangible asset is an asset
which can be detected with the senses. An intangible asset, such as the good
will of a business, has no physical existence, although it may have value.
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ASSEVERATE
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LATIN FOR LAWYERS
ATTESTATION CLAUSE
The clause at the end of a will which is subscribed by the witnesses to the
execution of the will and in which the witnesses affirm that the execution sat-
isfies the formal requirements of the jurisdiction in which the will is to be
probated. Also, the language at the end of a deed or other legal instrument
preceding the signature of witnesses to the execution of the instrument: e.g.,
“in the presence of” or “in witness whereof”, etc.
ATTORN [L. ad + tornare / to turn, make round]
Originally, to pay homage to a new lord or master. To turn over money or
goods. The creation by an occupant of land of a landlord/tenant relationship
by the payment of rent to the landlord; also, the acceptance of such rent by
the landlord. Also, to appoint an attorney in fact.
ATTORNEY [L. ad + tornare]
An agent or deputy. One who is delegated or appointed to act for another. An
attorney in fact is anyone who is given the formal power to act for another,
either generally or with respect to specified matters. Also, of course, a person
authorized to practice law, a lawyer, an attorney at law.
AUDITA QUERELA
A common law writ which enabled a judgment debtor to petition for relief
upon new facts or circumstances, or to assert a defense which was not avail-
able at trial. In jurisidictions which follow the Federal Rules of Civil Proce-
dure, the writ has been replaced by a motion for relief from judgment.
AULA REGIS [L. aula / courtyard, hallway + rex / king]
The king’s hall. In England, a great hall in which the king met with his offic-
ers of state. Later called the King’s Bench.
AUTOPSY [L. from Gk. autopsia / to see with one's own eyes]
An examination of the body of a deceased by a trained physician or techni-
cian to determine the cause of death. Any critical examination of events or
conditions in the past.
AUTOPTIC EVIDENCE
Real or palpable evidence. Objective evidence which the jury can see, hear or
touch through its own senses; e.g., a knife or gun, a forged instrument, etc.
AUXILIUM PETERE [L. auxilium / help, assistance + petere / to ask for, beg,
plead]
To seek aid or assistance.
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A VINCULO MATRIMONII
A VINCULO MATRIMONII
To be freed from the chains or fetters of matrimony; an absolute and final
divorce.
See A MENSA ET THORO
AVULSION [L. avellere / to tear away]
The sudden or precipitate shift in the flow of a stream or other body of water
resulting in a change in the affected land boundaries; the resulting displace-
ment of land from one property owner to another. Distinguished from accre-
tion, which describes the gradual deposit or movement of sand or soil from
one side of a stream or body of water to the other. The distinction between the
two is that the land acquired as the result of avulsion remains the property of
the original owner, whereas land acquired through accretion does not.
See ALLUVION and ACCRETION
AXIOM [L. axioma / a worthy thing (from the Greek)]
An established rule or principle; an accepted truth.
30
BANKRUPTCY [L. rumpere / break, shatter + banca, Italian for bank]
A system of law and courts which administers the assets of insolvent persons,
partnerships and corporations with the purpose of paying debts to creditors to
the extent possible and discharging the bankrupt debtor from his/its obliga-
tions. The system in the United States is adminstered by federal bankruptcy
courts under the Bankruptcy Code. Also, the state of being insolvent; i.e.,
unable to pay one’s debts as they become due.
BATTERY [L. battuere / beat, knock]
In the law of torts, an offensive or harmful contact with the person of another
without the consent or invitation of that person; also the apprehension of such
contact. The person who intends and commits such contact is liable in dam-
ages for the tort of battery.
BELLIGERENT [L. belligerare / to wage war]
Hostile, pugnacious. In law, the status of a nation which is at war with
another nation; also, the status of an insurgent group or person attempting to
take control of a nation by force.
BELLO PARTA [L. bello, bellare / to wage war + pars / parts ]
The spoils of war.
BELLUM [L. war]
War.
BENEFICIAL [L. bene / well + facere / to do]
To do well by. To confer a benefit or kindness. To give an advantage to. Ben-
eficial enjoyment suggests the benefits of ownership without legal title, as in
the case of a trust beneficiary. A beneficial interest is the right to enjoy the
use, benefit and income of property.
BENEFICIARY [L. See BENEFICIAL]
One who benefits from some act, legal interest or arrangement. Examples:
the person who receives the income from a trust is the beneficiary of the trust;
the beneficiary of a life insurance policy receives the proceeds on the death of
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BENEFICIUM
32
LATIN FOR LAWYERS
33
BONI ET LEGALES HOMINES
34
LATIN FOR LAWYERS
35
CANCEL
36
LATIN FOR LAWYERS
37
CASE
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LATIN FOR LAWYERS
39
CAUTIO
See CAUSA
CAUTIO [L. caution, care]
Caution, prudence; also, security, bond, bail.
CAUTIO PRO EXPENSIS
Security for expenses.
CAVEAT [L. cavere / to beware of, guard against]
A warning or notice alerting the recipient to exercise caution before acting;
e.g., notice to a reader to alert her to an important point in the text; to a judge
to discourage him from performing certain acts or from proceeding in a liti-
gation; or to the Patent Office by an inventor to prevent issuance of a patent to
another applicant.
CAVEAT ACTOR
Let the person who will commit the act beware.
CAVEAT EMPTOR [L. caveat + emptor / buyer, purchaser]
Let the buyer beware; a warning to the purchaser that he buys at his own risk.
The common law doctrine known as caveat emptor has been modified in
favor of the consumer by statutes and decisions confirming various obliga-
tions of the seller or manufucturer, such as the warranties of fitness and mer-
chantability.
CAVEAT VENDITOR
Let the seller beware.
CAVEAT VIATOR [L. caveat + viator / traveler]
Let the traveler beware.
CEDE [L. cedo, cedere / to go, proceed; to withdraw]
To yield or give. To surrender a territory or land area, usually by way of
treaty. To transfer or assign.
CENSOR [L. censor / censor, magistrate; the Roman official responsible for
the census]
In Roman times, a magistrate who was responsible for the census; also, a
severe judge. An official who is delegated to examine books, movies, pro-
grams on TV or radio, etc., to determine whether they contain objectionable
material or content. Also, an official assigned to examine sensitive material in
time of war to eliminate messages potentially harmful to the enemy.
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LATIN FOR LAWYERS
41
CERTIORARI
on to an appellate court for review the formal and official record of a pro-
ceeding before the court.
CERTIORARI [L. to be informed]
To confirm or make certain. A process, usually in the form of a writ, for com-
pelling review by a superior court of the decision of an inferior court, or a
review by a court of the determination of an administrative agency; a com-
mon law writ commanding an inferor court or agency in a particular case to
certify and return the record to a superior court for review.
CESSANTE CAUSA, CESSANTE EFFECTUS
When the cause is removed, the effect is no longer felt.
CESSANTE RATIONE LEGIS CESSAT ET IPSE LEX
When the reasoning behind a law ends, the (reason for the) law itself ends.
When a law has outlived its usefulness, it should be changed or abolished.
CESSET EXECUTIO
Stop the execution. An order staying an execution.
CESSET PROCESSUS
An order staying all proceedings in an action.
CESSIO BONORUM [L. cessare + bonitas / good things, enjoyable goods]
A procedure whereby a debtor turned all his wordly goods over to his credi-
tors in exchange for relief from imprisonment. The precursor to the modern
system of bankruptcy laws.
CESSION [L. cedo, cedere / to withdraw, yield]
The act of yielding and transferring an interest in property to another, as from
a debtor to a creditor or from one state or country to another. The transfer of
control over a land area from one country to another after sale or conquest,
usually by treaty. The transfer of liability under an insurance policy from the
original insurer to a reinsurer.
CESSO, CESSARE
To give in, give up, default.
CHALLENGE [L. calumnia / trick, artifice; also, a false charge or accusation]
To dare or invite to compete, contest or fight. To halt another and demand his
identity. To dispute or call into question or account. To question the legality
of, as to challenge a summons or a statute. To move to reject a juror before he
is sworn. To challenge a juror for cause is to question his ability to hear and
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LATIN FOR LAWYERS
43
CHARTER
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LATIN FOR LAWYERS
CITE, CITATION [L. citare / to put into motion, summon, call upon]
To refer to, quote by way of example. To point to a case, court decision or
other legal authority by reference to the source, liber and page on which it
may be found. Notice to parties that a proceeding has begun, especially in
probate courts. Also, a writ ordering a person to appear before a tribunal.
CIVIL [L. civis, civilis / a Roman citizen; a citizen]
Concerning or relating to a political entity and/or its citizens. Matters con-
cerning the private and public rights of citizens as distinguished from crimes
and criminals. Relating to the general public and its affairs; in this sense, it is
distinguished from military and religious matters or interests. Also, the body
of law which developed and is now observed in countries under Roman law
as distinguished from the common law of England and its former colonies. A
civil arrest is an arrest which is not based on a criminal indictment or charge
but instead on nonpayment of a debt or judgment; usually, the person arrested
is released upon the posting of a bond. Civil contempt is a contempt imposed
by the court in a civil action when a party refuses or neglects to obey a court
order. Civil disobedience is the term applied to the action of a group of citi-
zens in asserting or maintaining a public or political protest or in refusing to
obey a court or administrative order. The civil rights movement of the 1960's
was characterized by many instances of civil disobedience.
CIVILIS [L. civis / a citizen of Rome]
Relating to a citizen, civic, civil; relating to public or community life. Used in
civilis actio, a civil action. Concerning the citizens of a place.
CIVILITER MORTUUS [L. civiliter / civil + mortuus / dead]
Dead or non-existent in the eyes of the law. In some societies, a person may
be civilly dead although very much alive. This describes, for example, the
status of a criminal in some countries who is deprived of his citizenship, has
no voting rights, cannot sue and loses the other essential elements of exist-
ence as a person.
CIVITAS [L. citizenship]
Community, commonwealth, citizenship in a state or civil entity; any body of
people living under the same laws.
CLAIM [L. clamare / to call out, shout, cry out]
The assertion of a right or obligation. A demand for payment of a debt or for
the return to the person making the claim of some property interest or privi-
lege. A right to some asset or property, as to a mine or parcel of real estate. In
the law, the right to assert that an injury or wrong has occurred requiring a
judicial remedy; also the assertion of that right in a formal pleading. The
45
CLANDESTINE
word is often used synonymously with the term cause of action. Also, the
assertion by a patent applicant that his invention is novel and patentable.
CLANDESTINE [L. celare / to hide, conceal, keep secret]
An act or event conducted in secrecy and with intent to conceal; e.g., a clan-
destine marriage.
CLAUSE [L. claudere / to close, to shut up, to conclude]
A group of connected words containing a subject and a verb, but part of a
complex sentence. In law, a section or part of a document, as a paragraph in a
will or statute.
CLAUSUM
An enclosed place, a piece of land surrounded by a fence or by defined
boundaries.
CLAUSUM FREGIT [L. clausum + frangere / to break]
He broke the fence or boundary line; he committed a trespass.
CLAVES CURIAE [L clavis / a key + curiae / court]
The keys to the courthouse.
CLEMENCY [ L. clemens / mild, kind, merciful]
A lenient or sympathetic attitude. The act of moderating a sentence or other
punishment; e.g., a pardon or commutation of sentence.
CODE, CODEX [L. caudex, codex / the trunk of a tree; wooden tablets cov-
ered with wax on which words were inscribed; a book made of such
tablets]
A book; a book of accounts. The organized statement of a body of laws, regu-
lations, principles or guidelines. A collection of laws or of regulations in a
particular area of the law, such as the Bankruptcy Code, the Internal Revenue
Code, etc.
CODICIL [L. codicillus / a small codex, a small branch; a writing tablet]
An addition to or modification of a will; a document altering or revoking pro-
visions of an existing will. It is not a new will nor a complete revocation of
the existing will, but an extension of it. Formerly a codicil was physically
attached to the will, but now it may be contained in an independent docu-
ment.
COERCION [L. coercere / to enclose, shut in, confine, restrain]
The threat of physical or mental force or pressure of such magnitude as to
cause a reasonable person to fear death, physical violence, economic loss, or
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LATIN FOR LAWYERS
other serious risk if an act is not done by him. The act of compelling another,
through of fear of consequence, to commit an act he would otherwise avoid.
The defense of coercion may be asserted by a defendant to avoid liability
under a contract.
COGITO ERGO SUM
I think, therefore I am.
COGNATE OFFENSE
A related offense. An offense which shares some of the same elements with
another offense. Robbery may be said to be a cognate offense of larceny.
COGNATION [L. cognoscere / to know through the senses; become
acquainted with]
Relationship by blood. Descent from a common ancestor, male or female.
COGNIZABLE [L. cognosco, cognoscere / to know, learn, understand]
Having the capacity to be known or easily ascertained or determined. In the
law, the word is applied to the process by which members of a group with
common characteristics (e.g., race, gender or age) are singled out for unfavor-
able treatment. Under the U.S. Constitution, potential jurors may not be
excluded from service because they are members of a cognizable group. A
cognizable claim is a claim which will be accepted by the court.
COGNOMEN [L. cognoscere + nomen / name]
Having a common name; a surname or family name.
COGNOVIT JUDGMENT
Synonomous with the term “confession of judgment”; a judgment entered
upon a written admission of liability by a debtor without the formality of a
legal proceeding. The admission is generally signed and delivered in advance
by a debtor who borrows or buys on credit. These judgments are considered
coercive and are prohibited by statute in some states.
See CONFESS
COGNOVIT NOTE
A promissory note which contains a provision authorizing the attorney or
agent of the holder of the note to enter judgment against the maker without
advance notice in the event of default or non-payment.
COLLATE [L. collatum, pp. of conferre / to bring or put together, to collect]
To collect a number of items and put them in some pre-determined order. To
collect, compare and verify. To put a number of legal documents together in a
specified order in preparation for filing or for submission to a court.
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COLLATERAL (ESTOPPEL)
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LATIN FOR LAWYERS
49
COMMISSION
50
LATIN FOR LAWYERS
COMMITTITUR
An order providing that a defendant was to be taken into the custody of a
sheriff.
COMMODITY [L. commodare / to make fit, adapt, to furnish or give]
Any article or product having economic value. An agricultural or manufac-
turing product which is traded in commerce. Any item of personal property
which can be used in barter or sale.
COMMON [L. communis / shared, common, universal]
Concerning the community as a whole. Applying to the greatest number of
persons. Occurring regularly. Also, in a different sense, vulgar, not in good
taste, ordinary. Shared by all the members of the community, such as a com-
mon dining room or hall, or the Commons (a public park or center in a town,
such as the Boston Common). Common stock is a class of stock issued by
corporations, usually bearing the greatest risk but providing the greatest
potential return. A tenancy in common is a tenancy in property in which two
or more tenants or owners share the ownership but have no rights of survivor-
ship. A common easement is an easement shared by the dominant tenant and
the servient tenant, i.e., a non-exclusive easement.
COMMON LAW
The body of law developed over the centuries in England and carried to and
preserved in all the American states except the State of Louisiana. A body of
law based upon the gradual development of rules and principles generally
adhered to and preserved, reflected and defined in the decisions of the
English and American courts. The remedies provided originally by the
English law courts as distinguished from the relief under principles of equity
supplied by the English chancery courts.
COMMORIENTES [L. com + morior, mori / to die]
Victims of a simultaneous death, as in a plane crash. Many states have simul-
taneous death statutes dealing with the disposition of the assets of commori-
entes in defined degrees of relationship.
See SIMULTANEOUS (DEATH)
COMMUNE BONUM [L. communis / common, general + bonus, bonum /
good, moral]
The common good, public welfare.
COMMUNE VINCULUM [L. communis / common + vinculum / a chain]
Common ties or bonds. Consanguinity.
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COMMUNIS ERROR FACIT JUS
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LATIN FOR LAWYERS
negligence does not preclude him from recovering some damages from
someone who is more at fault.
COMPEL, COMPELLING [L. compello, compellere / to force to take some
action; to drive to one place, as with cattle]
To apply pressure to someone to force him to take some specific action. To
cause to happen. To persuade or impel. A compelling argument is a line of
reasoning which overcomes doubt or objection. A compelling cause is a pur-
pose which is difficult to resist. A compelling state interest is a public or civil
interest which is so important as to limit individual rights or prerogatives.
COMPENSATE, COMPENSATION [L. compenso, compensare / to weigh
together, to measure one thing against another; to balance]
To adjust for the effect of; to balance against. To counteract or neutralize. To
offset a shortage, error or defect. To pay in money or property for services
rendered. Compensation is the payment of money or property for services
rendered or to adjust for a grievance or injury. Remuneration. Also, the
adjustments in his physical or mental conditions which are made by a person
to enable him to overcome a debilitating condition or a disabling illness or
injury.
COMPENSATIO CRIMINIS [L. compensatio / balancing accounts + crimen
/ fault, guilt, crime]
Balancing one crime or wrong against another: “An eye for an eye and a tooth
for a tooth.” In an action for divorce, the defense that the plaintiff has com-
mitted acts as wrongful as those of the defendant.
COMPETENCY, COMPETENT [L. competere / to agree, coincide, match,
equal]
Possessing the ability to observe or comply with standards deemed reason-
able by the general community. Having the capacity to perform the functions
or recognize the requirements of an activity. Conforming to qualifications
defined as legal. The law subjects many matters to the test of competency. A
competent testator, for example, must comprehend the nature and extent of
his property, his relationship to the people he includes or leaves out, the
meaning of a will, and simple business transactions. Competent evidence is
evidence given by a witness who is able to understand the purpose and nature
of his testimony. A competent defendant in a criminal trial is one who under-
stands the nature and scope of the charges against him and has the capacity to
understand and act upon the advice of his lawyer.
53
COMPLAIN, COMPLAINT [L. com / together + plango, plangere / to beat
the breast, to lament; to bewail]
To express disapproval or hostility. To object to or about. To express unhappi-
ness, grief or discontent. To present a grievance, as to complain about a price.
To present a formal claim, accusation or charge. To submit or serve a legal
complaint.The complaint is the initial pleading under which a plaintiff begins
a lawsuit by setting forth the allegations of fact supporting and constituting
his claim for relief. Also, the document attested to by a police officer alleging
the commission of a crime by the defendant.
COMPLICITY [L. complicare / to fold together; to make involved or intricate;
confuse]
Involved as a participant or co-conspirator in the commission of an unlawful
act or crime.
COMPLY, COMPLIANCE [L. compleo, complere / to fill up; to fulfill; to
complete]
To accede to a wish or command. To do as directed. To conduct oneself as
required by a rule or order. Compliance is the act of acceding to an order,
such as the order or injunction of a court.
COMPOSITION [L. componere / to bring or put together; to arrange, collect]
In law, an agreement between a debtor and two or more of his creditors con-
cerning the collection of the debtor’s assets and the application of those assets
to payment of the creditors’ claims. The agreement may include a reduction
in the debts, an extension of time for payment, the surrender of certain assets
of the debtor, and the release or discharge of the debtor.
COMPOS MENTIS [L. compos / having control of + mens / mind]
In control of one’s mind; sane; mentally competent.
See NON COMPOS MENTIS
COMPOUND [L. compono, componere / to put or bring together; to join
together]
To put together a variety of ingredients to form a new, integrated substance.
To settle amicably. But also, to aggravate or make worse, as in he com-
pounded his error. To agree not to prosecute a criminal offense in exchange
for payment or consideration. (Compounding a felony was itself a felony at
common law.) To compute and pay interest not only on the outstanding prin-
cipal of a debt but also on the accrued interest, as contrasted with simple
interest. Also, a group of buildings enclosed by a wall or fence.
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CONCESSUM
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CONDOMINIUM
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CONFORM
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CONSIGN, CONSIGNMENT
See DETRIMENT
CONSIGN, CONSIGNMENT [L. consignare / to seal or mark]
To deliver or turn over the care of. To give possession to an agent for pur-
poses of sale or transfer. To transfer possession of goods to a customer for
sale to the public without transferring title until sale and delivery by the cus-
tomer to his purchaser. To deliver to a common carrier for transport to an
agent or customer.
CONSILIUM [L. an assembly of advisors]
A deliberation; a deliberative body; a council. An advisory body. A convoca-
tion of persons assembled for the purpose of drafting ideas and offering
advice.
CONSOLIDATE [L. com + solidus, pp. of solido, solidare / to make firm,
strong or solid]
To bring together. To unite several components into a whole. A consolidated
school district is a district composed of several smaller districts, united for
purposes of greater economy and efficiency of management. To combine two
or more corporations or businesses into one. To join and try together or to
decide together two cases or lawsuits involving common questions of law and
fact. In the federal courts, consolidation of cases is covered by Rule 42 of the
Federal Rules of Civil Procedure. A consolidated appeal is a joint appeal by
two parties having a common interest in the outcome. A consolidated finan-
cial statement is one which combines the balance sheets and profit and loss
statements of a parent corporation and its subsidiaries. The consolidated laws
of a state are a compilation of all its outstanding statutes indexed and
arranged by subject.
CONSORTIUM [L. a partnership; having equal shares of; companionship]
The relationship between husband and wife, and the right of each to the com-
pany, support, sustenance and aid of the other. A person depriving either hus-
band or wife of the consortium of the other may be subject to a lawsuit; e.g.,
an action for damages by one spouse to recover for injuries to the other
spouse as a result of the defendant’s negligence.
CONSPIRE, CONSPIRACY [L. conspirare / to blow or breathe together; to
contrive or plan in unison]
To enter into an agreement with another for the commission of an unlawful or
illegal act. To combine with others with intent to commit or facilitate the
commission of a crime. Any agreement by two or more persons to commit a
crime is itself the crime of conspiracy.
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CONSUL
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CONTRA LEGEM TERRAE
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CONVICT
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CORPUS JURIS
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last resort is the highest appellate court in a jurisdiction. In New York, the
court of last resort is the Court of Appeals.
COVENANT [L. convenire / to meet, to assemble, to agree upon]
A contract. An enforceable agreement between two or more parties providing
for the performance or non-performance of certain specified acts. A provision
in a contract or in a legal document such as a deed or mortgage. Promises
relating to conveyances of real property. For example, a covenant of quiet
enjoyment is a promise by the grantor that no one will disturb the grantee by
claiming a superior title or the right of possession. A covenant of seisin is a
warranty to the grantee that the grantor owns the estate he is conveying.
COVER [L. cooperio, cooperire / to cover, envelop, overwhelm]
To guard from attack. To protect or secure against, especially by providing
compensation or indemnity for. To provide funds for, such as to cover a
check. To conceal from sight or disclosure. To engage in business or to per-
form services within a designated area, as in “he covers the whole state in his
delivery truck.” In the law of sales, the purchase of goods by a buyer in sub-
stitution for goods which his seller has failed to deliver as agreed. Under the
Uniform Commercial Code, the buyer has the option of covering and suing
for the difference between the cost of cover and the original purchase price,
or of seeking damages for the seller's nonperformance.
COVERTURE [L. cooperire / to cover, envelop]
Under the common law, the status of a married woman, originally including
the inability to own property in her own right.
CRASSA NEGLIGENTIA [L. crassus / dense, thick + negligentia / careless-
ness, negligence]
Gross negligence.
CREDIBILITY, CREDIBLE [L. credo, credere / to trust, rely upon, believe]
Entitled to be believed. The quality of inducing trust or belief. In law, facts or
circumstances which merit belief. Credible evidence is evidence which
appears to a reasonable person to be reliable proof, not only because it pro-
ceeds from a reliable source, but also because it conforms to general experi-
ence and is inherently plausible. A credible witness is one who gives credible
evidence.
CREDIT [L. credo, credere / to entrust, commit to the custody of, trust]
The balance in a person's account. The sum on deposit by a person in a bank
or trust account. That sum of money which one person is willing to permit
another person to owe and to pay later. Any one item, or the sum of all items,
entered on the right side of the ledger in double-entry bookkeeping. To sup-
71
ply goods to another without demanding immediate payment therefore. To
attribute or designate. Resources available in the present upon a promise of
subsequent repayment, usually with interest for the use of the resources. Rec-
ognition and respect, as in the full faith and credit which each state must
accord the laws and judicial determinations of every other state under the
Constitution.
CREDITOR [L. creditor / a creditor (from credo, credere)]
Any person to whom a debt is owed. Any person who is entitled to receive
money or goods from another without further performance on his part. A
general or unsecured creditor is a creditor who has no security for his debt. A
secured creditor is a creditor with a security interest in the property or assets
of the debtor.
CRIME [L. crimen / an accusation or charge; fault, guilt, crime]
Any act or failure to act which is forbidden or circumscribed by law and
which subjects the actor to punishment by society. Any offense defined in a
statute or at common law as a harm to an individual or to society requiring
punishment. All crimes share the following basic elements: a voluntary act by
the perpetrator (actus reus); a culpable intent or state of mind (mens rea); a
convergence of the actus reus and the mens rea; and resulting harm to some-
one or to society. The states have now codified almost all crimes, including
those which existed at common law. A felony is generally a crime punishable
by a prison sentence of one year or more, or by the death penalty. A misde-
meanor is a crime which is not defined as a felony.
See ACTUS REUS; MENS REA
CRIMEN [ crime; the infraction or breach with which a defendant is charged]
A crime; a violation of law.
CRIMEN FALSI [L. crimen + falsus, pp. of fallo, fallere / to deceive]
A crime of deceit; a crime such as forgery, perjury, counterfeiting or embez-
zlement, involving elements of fraud or trickery. At common law, a person
convicted of such a crime was prevented from testifying as a witness in any
matter.
See FALSI CRIMEN
CRUEL, CRUELTY [L. crudelis / unfeeling, cruel (from crudus / bleeding,
raw, harsh)]
Capable of inflicting pain or suffering upon another. Causing harm, injury or
grief. The conduct of one spouse in endangering the life, health or safety of
the other, or of a parent in injuring or jeopardizing the safety of a child. Mis-
treatment or neglect causing injury or suffering. Cruelty is often included as
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73
CURATOR
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DACTYLOGRAPHY
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DEBET ET DETINET
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79
DE COMPUTO
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81
DEFAMATION
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DEI JUDICIUM
DEI JUDICIUM
The judgment of God.
DE INIURIA SUA PROPRIA ABSQUE TALI CAUSA
See DE INJURIA
DE INJURIA [L. de + iniuria / injury, injustice, wrong]
Abbreviation for the full phrase de iniuria sua propria absque tali causa.
This was the plea entered by a tort defendant when he was willing to admit
that he had committed the injury to the plaintiff but wanted also to assert facts
by way of justification, excuse or mitigation.
DE INJURIA SUA
(Resulting) from his own wrongful act.
DE JUDICIIS
Concerning judicial proceedings.
DE JURE [L. de + ius, iuris / right, law]
By right, by justice, by force of law. Lawful; legitimate. The valid, lawful
power to do or perform a given act. Contrasted with de facto. De facto segre-
gation is segregation which exists as a matter of practice, fact and history; de
jure segration is segregation imposed or created by a law or statute. A de jure
corporation is a corporation created by the state after observing and fulfilling
all legal requirements. A de facto corporation is one which conducts its busi-
ness as though it had all the requisite authority but which does not in fact
have it.
See DE FACTO
DE JURE COMMUNI
At common law.
DEL CREDERE [L. de + credere / to trust, entrust, commit]
An agency built on trust. An agency in which a seller’s agent is entrusted with
custody of goods and the authority to deliver them to a buyer in exchange for
payment. Also, a transaction in which one who acts as agent for another in
the sale of an item guarantees the credit of the purchaser, usually for an extra
sales commission. A del credere agent acts as surety for the benefit of his
principal in transactions with third-parties.
See AGENCY DEL CREDERE
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DELIVERY
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87
DEPLETE, DEPLETION
88
DEPOSITION DE BENE ESSE
A deposition by a witness who cannot attend at a trial and which is read in
substitution for his testimony.
See DE BENE ESSE
DEPOSITORY
The place or building in which an institutional depositary is housed or con-
ducts business; e.g., a bank, insurance company, credit union or trust com-
pany.
DE PRAESENTI
For the present.
DEPRAVED [L. de + pravus / deformed, vicious, rotten]
Evil, corrupt. In criminal law, a depraved mind is one which exhibits a funda-
mental lack of morality or an indifference to the lives or safety of others.
DEPRECIATION [L. de + pretium / value, price]
A reduction or loss in value. The process in accounting by which the cost of a
capital asset is allocated over its estimated life. The annual deduction permit-
ted on tax returns for that portion of the capital value of an asset charged to
that tax year. An estimation of the loss in value of an asset over a period of
time, attributable to wear and tear or decay.
DEPRIVATION [L. de + privare / to strip, deprive of]
A taking away, seizure or confiscation of the property, rights or privileges of
a person. The Fourteenth Amendment of the Constitution — the due process
amendment — guarantees to each citizen freedom from the deprivation of his
private property by the federal or state governments without just compensa-
tion.
DE QUO JURE
By what right?
DE RECTO [L. de + rego, regere, / to guide, direct (rectus / straight, right)]
A writ of right granted to a petitioner to restore his rights to property.
DERELICTION [L. derelinquere / to forsake, neglect, abandon]
A failure or neglect of duty. The abandonment or neglect of property. Also,
land created by the gradual withdrawal of waters, such as a new beach cre-
ated by the withdrawal of the ocean.
See ACCRETION; AVULSION; DILUVION
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DERIVATIVE
DERIVATIVE [L. derivo, derivare / to turn into another channel, change the
course of]
Anything which owes its existence to another thing from which it came. A
thing which emanates from another. A derivative action is an action brought
by the stockholders of a corporation to enforce a right which the corporation
itself ought to enforce but which it neglects or abandons. Derivative evidence
is evidence which cannot be introduced at trial because the evidence from
which it is drawn is itself tainted.
DEROGATE, DEROGATION [L. derogo, derogare / to modify or repeal; to
diminish, detract from]
To lessen or take away from. To remove authority or power from, as from an
official or executive.
DESCEND, DESCENT [L. descendere / to come down, climb down]
To pass down from one generation to another. To be transferred from a dece-
dent to his heirs under the terms of his will or by intestacy. Hereditary succes-
sion. The passage of title to property from a decedent to his successors.
DESCRIPTION [L. describere / to transcribe; to describe or represent]
Expressing the nature or character of an object or thing in words or by dia-
gram. In law, the legend setting forth the boundaries and dimension of a par-
cel of land and usually contained in a deed, mortgage or other title
instrument. Also, in patent law, the explanation of an invention in a patent
application.
DESCRIPTIVE MARK
A trademark which is merely descriptive of the goods or services it identifies.
A descriptive mark will be registered only if it can be shown that the mark
has attained secondary meaning, i.e., the mark is recognized not only in its
primary descriptive sense but also as indicating the source of the product or
service it describes. For example, if the word “speedy” were used as a trade-
mark for a car, it would be merely descriptive unless it acquired a secondary
meaning by becoming associated in the public’s mind with a particular make
of car. If it were used as the trademark for a line of toys, it would not be con-
sidered descriptive.
DESECRATION [L. de + sacrare / to dedicate to a god, to make holy]
To violate the integrity or sanctity of. The wanton destruction of a holy or
venerated place or thing; e.g., the national flag. The wilful disturbance of a
cemetery or of any burial place. Many states have statutes making desecreta-
tion of venerated objects a crime. See Model Penal Code §250.9.
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DETRIMENT
obtained lawfully. The defendant could either return the goods or pay their
full value, plus damages for the detention.
See DEBET ET DETINET; NON DETINET; REPLEVIN
DETRIMENT [L. de + terere / to rub against, to wear away]
Harm, injury, disadvantage. A forebearance, loss or assumption of duty or
responsibility given in exchange for or in support of a promise or act by
another party. One party’s detriment may form the consideration for an
enforceable contract.
See CONSIDERATION
DEUS
A god or deity. God.
DEVASAVIT [L. dividere / to divide]
He divided or separated into parts; he devised.
DEVASAVIT VEL NON [L. Did he devise or didn’t he?]
An inquiry by a court of law under direction of a probate court into the valid-
ity of a purported will or provision of a will.
DEVASTAVIT [L. dis / apart, separated from + vestire / to dress, to clothe — to
unclothe, to denude]
The failure of a personal representative to administer an estate as required.
Waste. A writ to impose personal liability upon an administrator or executor
who has been guilty of mismanagement or misapplication of assets.
DE VERBO IN VERBUM [L. verbum / word]
Word for word.
DEVISE [L. divido, dividere / to divide]
To give or convey property by will. Formerly, a devise referred only to testa-
mentary gifts of real property. The Uniform Probate Code uses the term to
describe any gift by will.
DEVOLVE, DEVOLUTION [L. de + volvo, volvere / to turn around, twist,
roll]
To pass from one person to another. To be subject to transfer or succession.
To fall upon or be forced on, as in, “In case of the Removal of the President
from Office…the Same shall devolve on the Vice President…” (Article II,
U.S. Constitution).
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93
DILITIONES IN LEGE SONT ODIOSAE
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DISCLOSE, DISCLOSURE
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LATIN FOR LAWYERS
which permits the trustee to exercise her choices in the allocation and distri-
bution of principal and interest.
DISCRIMINATE, DISCRIMINATION [L. discrimino, discriminare / to sepa-
rate, break apart, divide]
To recognize a difference or distinction between two things. To exercise
[sound] judgment. To prefer one thing to another; to treat two things or two
persons differently without cause or justification. To impose a difference in
treatment of persons on a basis prohibited by law, such as race, sex, color,
religion, disability or national origin. Federal law prohibits discrimination in
employment, voting rights, housing, public education and access to public
facilities.
DISHONOR [L. dis + honoro, honorare / to honor, dignify]
Lack of respect; shame, rejection. To refuse or neglect to pay a bill, check or
note upon presentment. An instrument may be dishonored by nonacceptance
(i.e., it is duly presented and acceptance is refused or cannot be obtained) or
by nonpayment (i.e., it is duly presented for payment but payment is refused).
See U.C.C. § 3-507(1).
DISMISS, DISMISSAL [L. dis / apart + mittere / to send, let go]
To send away or remove from office or employment; to discharge from
employment. To bring about or order the termination of an action or pleading,
as when a judge dismisses an action or complaint or a party moves for dis-
missal. The Federal Rules of Civil Procedure distinguish between involuntary
dismissals (which have res judicata effect) and voluntary dismissals by the
plaintiff (which do not).
DISPOSE, DISPOSABLE [L. dispono, disponere / to put in different places; to
distribute; to put in order]
To transfer to the control or possession of another. To make a decision about,
as to dispose of a problem or a matter. To deal with. Disposable income is the
income available to a taxpayer after the payment of his taxes. The money
available to a person for his own support and benefit.
DISPOSITION [L. disponere]
A ruling or decision of a court or judge which resolves an issue or determines
the rights of the parties. The final determination of a matter or a motion. In a
criminal trial, the sentence imposed by the court upon the defendant.
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DISPUTE
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LATIN FOR LAWYERS
of the action comes from the same state as any party on the other side of the
action. In all diversity cases, the amount in controversy must exceed an
amount fixed by Congress from time to time.
DIVERT [L. divertere / to turn around; to turn in opposite directions; to differ]
To move from one course to another; to change the course or path of. To
change the direction or purpose of. To distract. To misuse funds or assets
intended for one purpose and apply them to another. Also, to entertain or give
pleasure to.
DIVEST [L. dis + vestio, vestire / to dress, clothe]
To deprive a person of property or possessions. To remove the clothing or
garments of. To strip away.
DIVESTITURE [L. di(s) + vestis / dress, cloth]
To unclothe, to denude.The act of disposing of assets, such as stock or prop-
erty, in response to an order by an agency or court in an anti-trust action. The
order requiring such a disposition. Also, the voluntary act of a corporation or
business in selling off a part of its business or assets.
DIVESTMENT [L. di(s)vestire / to unclothe, denude]
The termination or cutting off of an interest in property before its anticipated
or scheduled end. An interest in property which has vested (become absolute
or perfected), may be subject to divestment under stated conditions.
DIVIDEND [L. dividere / to separate into parts]
A part or share in an asset which is divided and distributed among several
recipients. A gain or profit. The distribution of pro-rata portions of current
earnings or of earned surplus to shareholders of a corporation. A dividend
may be paid in cash or by the issuance of stock. Also, a payment made to
general creditors in a bankruptcy proceeding.
See EX DIVIDEND
DOCUMENT [L. doceo, docere / to teach, instruct]
noun: A writing or instrument containing data or information or recording a
transaction or event, e.g., a contract or deed. Any item having physical form
which may be used as evidence. Under the best evidence rule, a document is
the physical embodiment of any information relevant to the trier of fact, e.g.,
a letter or medical report. An official paper establishing a right or privilege,
e.g., a driver's license, passport or Army discharge. verb: To record in writ-
ing; to create a record of. To prove by reference to data or other supportive
information. To issue, or furnish with, a document.
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DOGMA
100
DOMINION [L. dominium / rule, power, ownership]
In law, the ownership, posssession and control of an object. A nation has
dominion over its territory and possessions. A person has dominion over his
property and possessions.
DOMINIUM PLENUM
Full and complete authority.
DOMINUS PRO TEMPORE [L. dominus / lord, master; head of the house-
hold + pro tempore / for the time, temporarily]
A temporary owner.
See PRO TEMPORE
DOMITAE NATURAE [L. domitare / to tame, subdue + natura / birth, nature]
Domestic animals; creatures which have the disposition to become tame and
gentle and which can be tamed by man.
See FERAE NATURAE
DONATE, DONATION [L. dono, donare / to give as a present; to present]
To make a gift of. To give to a public institution or charity. Donated stock is
stock turned over to a corporation by a stockholder without payment or reim-
bursement.
DONATIO [L. dono, donare / to give, make a gift of, donate]
That which is given; a gift. A donation.
DONATIO CAUSA MORTIS
A donor’s gift of property in expectation or fear of imminent death. If the
death does not occur, the gift is not effective.
See CAUSA MORTIS; GIFT CAUSA MORTIS
DONATIO INTER VIVOS
A gift of property from one living person to another living person. An ordi-
nary gift.
DONATIO NON PRAESUMITUR
A gift is not presumed to have been made. The legal presumption is against
construing a transfer of property as a gift.
DORMANT [L. dormio, dormire / to sleep]
Inactive, suspended, asleep. Held in abeyance. A dormant claim is one which
cannot be enforced; e.g., because it is barred by the statute of limitations. A
dormant judgment is one which can no longer be pursued because of the
lapse of time or the death of a party. A dormant partner is a partner whose
101
DOWER
participation as partner is not disclosed and who takes no active role in man-
agement.
DOWER [L. dotare / to give a dowry; to endow]
The life estate of a widow in the land owned by her husband at his death. In
some states, the life estate has been expanded into fee ownership. In many
states, dower has been abolished and replaced by the widow’s statutory elec-
tive share.
DRACONIAN [L. draco / a snake or dragon (from the Greek Draco, referring
to an Athenian who imposed a severe code of laws upon the popu-
lace)]
A cruel or severe law, ruling or decision. Any edict, order, judgment or law
which is unreasonably or excessively harsh or severe.
DUAL [L. duo / two]
Consisting of two parts. Divided into two components. The dual capacity
doctrine enables an employee to recover from his employer for injuries sus-
tained under the general principles of tort law instead of under workers' com-
pensation, if the injuries are unrelated to his employment. Dual citizenship is
conferred upon an individual when the laws of two countries recognize him
as a citizen. A citizen of the United States is permitted to establish dual citi-
zenship in another country. All citizens of the United States are citizens of the
nation and also of the state in which they reside. One consequence of this
dual federal-state citizenship is that both the federal government and the state
may prosecute a criminal defendant without invoking double jeopardy, so
long as the crime committed violates the laws of both. This is known as the
dual sovereignty doctrine.
DUCES TECUM [L. ducere / to bring or take (with one) + tu, te / you + cum /
with]
Literally, bring with you. The name for a subpeona or writ which requires a
party or witness to produce and bring with him documents, papers, records or
other evidence relevant to a case, trial or controversy.
See SUBPEONA DUCES TECUM
DUE DILIGENCE
See DILIGENCE
DUE PROCESS
See PROCEDURAL DUE PROCESS; SUBSTANTIVE DUE PROCESS
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LATIN FOR LAWYERS
103
EADEM AUCTORITATE
EADEM AUCTORITATE
By the same authority.
EADEM EST RATIO, EADEM EST LEX
(If) the reason is the same, the law is the same.
E CONSENSU PATRIS
By the father’s consent.
EDICT [L. edicere / to declare, pronounce]
A proclamation or order having the force of law. In Roman Law, an order to
appear before a judge.
EDICTUM PERPETUUM [L. edicere + perpetuus / continuous, uninter-
rupted]
An edict with indefinite or perpetual existence.
EFFECT, EFFECTIVE [L. efficio, efficere (pp. effectum) / to produce, effect,
make]
To cause or bring about. To create or make real. To place in operation. Also,
the result of action by an agent or cause. Also, personal property or goods.
Effective: The point at which a cause or action creates its impact or comes
into play, e.g., the statute became effective on…Also, capable of producing a
desired result; e.g., a criminal defendant is entitled to effective assistance of
counsel.
EFFECTS [L. efficere / to do, produce, make]
One’s possessions or belongings. Usually in the phrase personal effects.
Amendment IV to the Constitution guarantees the right of the people to be
secure in their persons, houses, papers, and effects.
EFFECTUS SEQUITUR CAUSAM
The effect follows the cause. The cause produces the effect.
104
EFFLUENT [L. effluere / to flow out]
Waste matter discharged into a stream or other body of water; more generally,
any waste matter or pollutant; e.g., smoke, industrial waste, sewage dis-
charged into the environment.
EFFLUVIUM [L. effluere]
An offensive odor. A by-product released as waste.
EFFLUX [L. effluere]
An expiration or end. The passage or expiration of time.
EFFLUXION OF TIME [L. effluere]
The orderly passage of time, undisturbed by human intervention or a sudden,
unanticipated event. With the effluxion of time, leases terminate, contracts
end, statutes expire, etc.
EFFUSIO SANGUINIS [L. effusio / a pouring forth + sanguis / blood]
The flow or shedding of blood; bloodshed.
EGO [L. I. the first person pronoun]
The pronoun I.
See ALTER EGO
EGRESS [L. egredior, egredi (pp. egressus)/ to go out, step out]
The act of departing or going out. The means which permit someone to leave
a place. An exit. The tort of false imprisonment occurs when one person
intentionally confines another without means of escape or egress.
EJECTMENT [L. eicio, eiciere / to throw out, cast out]
At common law, an action to remove another from land to which he was not
entitled. The plaintiff had to show not only that he was entitled to possession
but that the defendant was in wrongful possession. Actions for the recovery
of land are now defined by statute in most states and are given different
names; e.g., summary proceedings, action for eviction, etc.
EJECTUM [L. eicere / to cast out]
Objects cast up by action of the sea. Flotsam and jetsam.
EJUSDEM GENERIS [L. eiusdem / of the same, belonging to the same kind +
genus, generis / class]
A rule of construction which states that words of general application follow-
ing a listing or enumeration of specific components of a class of things shall
be interpreted as including only other components of the same class as those
specifically listed; e.g., in a statute prohibiting the possession of “handguns,
105
ELECT
rifles, shotguns, pistols and other weapons,” the words “other weapons”
might not be construed as including knives and swords.
See NOSITUR A SOCIIS
ELECT [L. eligo, eligere / to pick out, choose]
To choose among candidates or alternatives. To select by vote to fill an office
or position. The act of a spouse in selecting his or her statutory share in lieu
of the provision made in the will of the deceased spouse.
ELECTION [L. eligere (pp., electus)]
The process by which candidates for office appeal to the voters to be selected
among a group of candidates and the voters select one or several among the
candidates. The process of voting by ballot for one's candidate for office. The
right or power to make a choice among options. The right of a party to a dis-
pute to choose among several remedies (i.e., to exercise an election of reme-
dies).
ELECTIVE SHARE [L. electus]
The statutory share which a spouse may claim when inadequate provision is
made in the will of the deceased spouse. Almost all states have elective share
statutes, usually permitting the spouse to elect to take one-third of the estate.
ELECTORATE [L. eligo, eligere (pp. electus) / to pick out, choose]
All those persons entitled to vote in a given election. Eligibility to vote is usu-
ally defined along geographical lines. Example: the electorate in an election
for a member of the House of Representatives consists of all eligible voters in
the congressional district; the electorate in an election for U.S. Senate is all
the eligible voters in the entire state.
ELEEMOSYNARY [L. eleemosyna / alms]
Relating to or concerned with charity. An eleemosynary corporation or orga-
nization is an entity created for charitable purposes.
ELEMENT [L. elementum / the initial components; first things or principles]
The most rudimentary essential component of a thing. The letters of the
alphabet. The basic principles of any science. Originally, any of the four sub-
stances — water, fire, air and earth — which were thought to comprise the
universe. Now, the elements are those chemical units identified by science as
basic constituents of all matter. In criminal law, one of the components defin-
ing a particular crime; the prosecution must prove all the elements of a crime
beyond a reasonable doubt.
ELOGIUM [L. a maxim or proverb. An epitaph]
A will or testament; a clause in a will. Also, the inscription on a gravestone.
106
LATIN FOR LAWYERS
107
EMISSARY
stitution, which states “ . . . nor shall private property be taken for public use,
without just compensation.”
See CONDEMNATION; CONFISCATE; EXPROPRIATE
EMISSARY [L. emitto, emittere / to send forth, dispatch, to let loose, free]
A messenger or agent. A representative. A person designated to perform a
diplomatic or political assignment.
EMOLUMENT [L. emolumentum / the result of effort; reward]
The compensation resulting from services in a position or office; salaries,
fees, perquisites. Article 1, Section 9, cl. 8 of the U.S. Constitution is known
as the Emolument Clause because it provides that no official of the U.S. shall
accept any title or gift from a foreign country unless approved by Congress.
EMPIRICAL [L. empiricus / an untrained physician who learned by experi-
ence alone]
Depending on experience or observation alone without an accompanying or
underlying system or theory. Data gathered through observation or trial.
EMPLOY, EMPLOYEE [L. implico, implicare / to enfold, entangle, involve]
To employ is to hire another to perform particular work or services, usually
for wages or salary, although the word also has the general sense of utilizing
any of the services of another, including executive and professional services.
The word employee, however, generally refers to persons who work for
wages or salary and are under the direct control and supervision of the
employer. In this sense, employees are generally called servants and are dis-
tinguished from independent contractors, who perform their services without
direct control by the person who hires them. An employer is vicariously lia-
ble for the torts of his employees, but not for the torts of the independent con-
tractors he engages.
EMPLOYMENT [L. implico, implicare]
The act of utilizing the services of another for pay. The act of being hired or
retained to perform labor or services.
EMPTOR [L. emptitare / to buy]
A buyer or purchaser.
See CAVEAT EMPTOR
ENABLE [L. in + habilis / easily managed, handy (from habere / to have, be
able)]
To make possible; to cause. To give power to.
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LATIN FOR LAWYERS
ENABLING ACT
Legislation which removes some legal disability; e.g., a limitation on the
rights of immigrants. A statute which grants new powers to the government
or to individuals.
ENABLING CLAUSE
That section of a statute which gives executive authorities or agencies the
power to put its provisions into effect and to enforce them.
ENDORSE, ENDORSEMENT [L. in + dorsum / the back of men or animals.
A mountain ridge]
To write on the back of. To sign one's name as payee or endorser on the back
of a check or note. To transfer or negotiate an instrument to another by
inscribing one's name on the back of the instrument. To support or announce
approval of a candidate for office or a public issue. To approve openly or pub-
licly. An endorsement is the act of signing one's name to the back of an
instrument in order to facilitate its transfer or negotiation to another. Also, an
endorsement is a supplemental rider or attachment to an insurance policy
altering or modifying its terms.
ENDOW, ENDOWMENT [L. in + doto, dotare / to provide with a dowry;
give; endow]
To make a gift of money or assets for the support and maintenance of an indi-
vidual or of an institution, such as a library or school. To provide with a
source of income and support. To possess a gift or talent, as he is endowed
with great intelligence. An endowment is a fund organized for the support of
a public institution; also, the income from such a fund. An endowment policy
is a life insurance policy the proceeds of which are payable to the beneficiary
at the end of a stipulated term, providing the assured is still living at the end
of the term. Also, in insurance law, a type of term life insurance policy that
combines insurance and investment. If the insured outlives the term, the pol-
icy’s value is paid to him. If he dies before the end of the term, the proceeds
are paid to his beneficiary.
ENJOIN [L. in + iugare / to bind together, connect]
To issue a judicial order directing the person addressed to do or refrain from
doing a specified act. To require or prohibit by judicial order (i.e., through an
injunction). To forbid.
See INJUNCTION
ENTIRE, ENTIRETY [L. in + tango, tangere / to touch, move]
Complete, whole, intact. Without distortions or indentations. Homogeneous,
pure. An entirety is a complete self-contained unit. Also, an indivisible inter-
109
ENTITLE, ENTITLEMENT
est in real estate. Example: A tenancy by the entirety in a husband and wife is
a joint tenancy which gives each of them an undivided interest in property,
subject to the right of survivorship.
See JOINT TENANCY
ENTITLE, ENTITLEMENT [L. in + titulus / label, title]
To entitle is to give a legal right, title or claim to someone or to furnish some-
one with the basis for a claim or right. An entitlement is a right conferred by
government upon a defined class of individuals, or a government program
which provides those rights. One example of an entitlement is the federal
social security program which confers benefits upon older citizens. Entitle-
ments are property interests which may not be abridged without due process.
EODEM DELICTO [L. eodem / the same place or person + delictum / fault,
crime]
Equally guilty of the crime or offense. Said of co-conspirators in the same
crime.
EO INSTANTI [L. eo / to that point (in space or time) + instare, instans / to
stand with, follow closely upon]
At that very moment. Instantly. Immediately.
EO INTUITU [L. eo + in + tueri / to look at, contemplate]
With that very intent.
EO NOMINE [L. eo + nomen / name]
In that name or by that designation or mark. In law and commerce, the name
given to a commodity in the marketplace, generally a product name which is
in common use and therefore well known.
E PLURIBUS UNUM [L. ex / out of + multus, plus, plurimus / many + unus /
one]
From many, one. From many people or states, one entity. The official motto
of the United States of America — out of many, one nation.
EQUAL, EQUALITY [L. aequalis / level, same, equal (aequo, aequare / to
make equal or level)]
Entitled to the same consideration or treatment as others. Similar in all essen-
tial qualities. Similar in characteristics to other members of a group or class.
Equality is the state or condition of being equal. All Americans are guaran-
teed equality before the law and equality in employment, regardless of race,
color, religion, national origin, sex or disability.
110
EQUITABLE [L. aequare]
Applying the principles of justness, fairness and right. Rights enforceable in
the courts of equity. Examples: an equitable action; an equitable defense; an
equable distribution; equitable estoppel; equitable lien; equitable relief.
See EQUITY
EQUITABLE SUBORDINATION
See SUBORDINATION
EQUITAS SEQUITUR LEGEM [L. aequare / to make equal or fair + sequor,
sequi / to follow + lex / law]
Equity follows the law. The general sense that equity, or justice tempered
with fairness, should be applied to mitigate the harsh effects often resulting
from applying the letter of the law.
EQUITY [L. aeqare / to make equal]
The system of law and jurisprudence originating in the chancery courts of
England which was created and designed to apply a sense of fairness to the
more stringent common law. If frustrated in the courts of law, a litigant could
seek relief in the equity courts. Today, equitable and legal issues are tried in
the same courts but the concept of “doing equity” still survives as an essential
element of American jurisprudence.
EQUIVALENTS [L. aequare + valere / to be strong]
Two things which are equal in value or effect. Corresponding to or identical
with. In patent law, equivalents are two devices which may be different in
name, form, shape or design but which perform the same function or work.
The equivalents doctrine protects an earlier patented device by declaring that
a later device infringes upon it.
ERGO
Therefore; consequently; hence; because.
ERRATUM [L. erratus / a wandering about or straying]
An error. The correction for an error in a printed document, usually printed
separately.
See CORRIGENDUM
ERROR [L. erro, errare / to wander about, roam, stray; to be mistaken]
A mistake or oversight. A departure or deviation from a standard which
defines what is right and acceptable. A miscalculation or blunder. In litiga-
tion, error is a mistake made by a lower-court judge in ruling on a motion,
admitting evidence, or conducting the proceeding before him. Judicial errors
111
ERROR CORAM NOBIS
may be raised on appeal, but, usually, only if the party raising them has made
timely objection during the trial.
ERROR CORAM NOBIS
The basis for the writ which initiated an inquiry by the trial court into errors
of fact which might have resulted in a different verdict if known at the time of
decision.
See CORAM NOBIS
ESCHEAT [Thought to be from the L. ex / out of + cadere / to fall]
The reversion of property to the state when there is no person legally compe-
tent to own it, e.g., upon the disappearance or death of the person legally enti-
tled to the property. The transfer to the state of property which is unclaimed
by the owner or his agents; e.g., a bank account or a stock certificate or divi-
dend.
ESQUIRE [L. scutum / a shield made of wood and covered with hides]
Formerly, a member of the English gentry ranking just below a knight. A
term expressing courtesy or respect, used after a person's name. A term of
address used in the United States to acknowledge that a person is licensed as
a lawyer, e.g., John Smith, Esq.
ESSENTIALIA NEGOTII
Those things which are essential to a business transaction.
ESTABLISH [L. stabilio, stabilire / to make firm or stable]
To institute or put in place, as to establish rights under a statute. To bring into
existence or give effect to. To make firm or stable. To give form or substance
to, as to establish a new business. To make clear and definite, as to establish
the truth of a fact.
ESTOPPEL [L. stupere / to stand still, to halt]
A bar or waiver. A restraint or impediment imposed by the law; the preven-
tion of further action or claim by a party. In real estate law, an estoppel certif-
icate is a sworn statement by a party to the transaction as to some important
fact; e.g., the principal amount of a mortage. The statement is binding upon
him for all purposes thereafter. Promissory estoppel prevents a party who has
made a promise upon which another party has relied, from repudiating that
promise.
ESTOVER [L. aestus / heat, boiling. Thought to be from est opus or opus est /
there is work to be done]
The right of a tenant to take as much wood from the land as he needed for his
fuel and fences. Also, an allowance made from an estate to support a benefi-
112
LATIN FOR LAWYERS
ciary’s need for food and clothing. Also, the allowance (alimony) given to a
woman by her husband after a divorce a mensa et thoro.
See A MENSA ET THORO
ESTUARY [L. aestus / boiling, seething]
The place at which a stream or river flows into the sea and meets the seatide;
the enlarged mouth of such a stream.
ET AL [L. abbreviation for et alius / and another, and of et alii / and others]
Used following the first name in the caption of a case to indicate that other
parties are involved and to avoid the listing of these other names.
ET CETERA (ETC.) [L. et / and + ceterus / the other, the rest]
And so forth; and more of the same. And others of the same kind.
ETHICS [L. and Greek ethice / moral philosophy]
A system or code defining the proper and improper conduct of a society or a
professional or commercial group or activity. A codification of what is per-
ceived as good and moral and what is seen as bad, immoral or unacceptable;
e.g., the canons of legal and judicial ethics adopted by the American Bar
Association and other associations of lawyers.
ET NON
And not. Used to make negative a phrase or name which follows.
ET SEQUITUR (ET SEQ.) [L. et + sequor, sequi / to follow]
And the following; and as follows. Used to indicate that notes or pages of a
text follow sequentially after a specified number or that one element of a list
follows another.
ET UXOR (ET UX.) [L. et + uxor / wife, spouse]
And his wife. Used in conveyances and deeds to indicate that husband and
wife are joining in the conveyance to or from them.
EVADE, EVASIVE [L. evadere / to go forth, go out]
To elude. To escape or slip away. To be elusive; to avoid responding. To avoid
through neglect or artifice. To fail to pay.
EVICT, EVICTION [L. evinco, evincere / to overwhelm, conquer, subdue]
To recover possession of property through legal process or intervention. To
remove or dispossess a tenant.
113
EVIDENCE
EVIDENCE [L. evidens, evidentis / visible, clear, plain (fr. ex / out of + video,
videre / to see]
Anything that furnishes proof or tends to prove. The transcribed record of tes-
timony submitted during a trial for consideration and deliberation by jury
and/or judge. Circumstantial evidence is evidence of events or circumstances
from which the trier can draw a reasonable inference that other events or cir-
cumstances occurred. Direct evidence is the antithesis of circumstantial evi-
dence; it is evidence which, if believed, establishes a fact as manifestly true;
example; the testimony of a direct eye witness or of a participant in the event.
Competent evidence is evidence that is admissible because it is relevant and
material to an issue requiring proof. Hearsay evidence is any statement made
out of court and not under oath. Hearsay is not admissible unless it falls
within one of several exceptions. Parol evidence is evidence outside the four
corners of a writing, offered as evidence of oral agreements modifying or
interpreting the writing.
EVIDENCE ALIUNDE
Extrensic evidence of facts outside the face of a document to prove admis-
sions or to explain or clarify an ambiguity.
See ALIUNDE
EVIDENCE DE BENE ESSE
Evidence taken and recorded before trial to preserve it in the event the wit-
ness is later unavailable.
See DE BENE ESSE
EVICTUM PERPETUUM
Perpetual eviction; permanent ouster from possession.
EX
From, out of, according to. Also, former, without.
EX AEQUO ET BONO
From what is fair and good. In equity and good conscience.
EXAMINE, EXAMINATION [L. examino, examinare / to weigh, consider,
examine]
The act of inquiring or questioning. To conduct an inquiry into the knowledge
and achievements of students in a particular course or curriculum. The act of
asking questions of witnesses during a trial or court proceeding to compel
answers by the other side and develop proof. Direct examination is the first
examination of a witness conducted by the attorney who calls him as a wit-
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115
EXCISE, EXCISE TAX
EXCISE, EXCISE TAX [L. ex + caedo, caedere / to cut, cut down, strike]
A tax on the manufacture, sale or consumption of some product or commod-
ity, as on the sale of gasoline or tobacco. A tax or levy assessed as a license
fee, e.g., for a taxi medallion. Article I, Section 8 of the U.S. Constitution
gives Congress the power to “lay and collect Taxes, Duties, Imposts and
Excises…”
EXCLUDE [L. ex + claudo, claudere / to close, shut down. To conclude or
bring to an end. To hide]
To keep out or bar from. To prevent access to. To remove from a position or
office. To eliminate a risk from the coverage of an insurance policy.
EXCLUSIONARY RULE
A rule of evidence in criminal trials which provides for the exclusion of evi-
dence which was obtained illegally, i.e., in violation of the Constitution, e.g.,
as the result of an unreasonable search and seizure. The rule is based upon the
Fourth and Fifth Amendments to the U.S. Constitution. The rule prevents the
introduction of the evidence by the prosecution as direct proof, but does not
preclude its use for impeachment purposes.
EXCLUSIVE [L. ex + claudere / to close]
Limiting the possession, ownership or enjoyment of a right or asset to one or
several persons without participation by others. Belonging to a person or per-
sons alone. Barring or shutting out all others. In law, the word describes a
number of relationships which are limited in their scope to a restricted group
or purpose. Examples: exclusive agency; exclusive contract; exclusive juris-
diction; exclusive possession; exclusive use.
EX COLORE [L. ex + color / color; outward show, external appearance]
Under color of. Under the pretense of.
EX COMITATE [L. ex + comitas / courtesy, kindness]
Out of comity or courtesy. In recognition of sound public policy or social har-
mony.
EX CONTRACTU [L. ex + contrahere, contractus / drawn together, narrow]
Arising out of contract; a cause of action arising under the terms of an agree-
ment. An action for breach of a promise in a contract is an action ex con-
tractu. But an action for breach of a duty imposed by a contract may be an
action ex delicto.
See EX DELICTO
EXCULPATE [L. ex + culpa / blame, fault]
To clear of blame or guilt, to exonerate or vindicate.
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LATIN FOR LAWYERS
EXCULPATORY CLAUSE
A clause in a document such as a contract or lease which relieves a party
from liability for his wrongful act; e.g., his negligence in performing his
duties. These clauses are common in leases drawn by a landlord, in trust
instruments or in any instance in which one party has a stronger bargaining
position than the other.
EX CURIA [L. ex + curia / the meeting place of the Roman Senate]
Out of court; in a place away from the court.
EXCUSE, EXCUSABLE [L. excuso, excusare / to excuse a person; to exempt
from blame]
To free, exempt or release from a duty. Examples: he was excused from ser-
vice on the jury; she was excused from attending class. Also, to forgive or
accept. To justify. In the law, an excusable act is one which would ordinarily
be regarded as illegal or criminal except for exigent circumstances. These cir-
cumstances are regarded as sufficient justification to release the perpetrator
from punishment or liability. An excusable homicide is the killing of a human
being either in self-defense or as the result of an unavoidable accident. Excus-
able neglect is the failure to comply with a duty or condition when the failure
is caused by circumstances beyond the party's own control, e.g., in an acci-
dent or by intervening force.
EX DEBITO [L. ex + debere / to owe]
Arising out of a debt or obligation. An obligation which may be enforced by
the obligee as a matter of right.
See EX GRATIA
EX DELICTO [L. ex + delictum / fault, crime]
Arising out of a wrong; a cause of action in tort or based upon a wrongful act.
A cause of action for breach of a duty arising under a contract can be ex
delicto, in contrast with an action for breach of a contractual promise, which
will be ex contractu. (Ex delicto is used interchangeably with ex maleficio.)
See DELICTUM; EX CONTRACTU; EX MALEFICIO
EX DELICTO TRUST
A trust created for an unlawful purpose; e.g., a trust created to frustrate the
claims of the settlor’s creditors.
EX DIVIDEND
Literally, without a dividend. A stock or security which is purchased or
traded without a right by the purchaser to claim a dividend which was
117
EX DOLO MALO
declared prior to the trade. On trades ex dividend, the seller retains the right to
the declared dividend.
See DIVIDEND; EX WARRANTS
EX DOLO MALO [L. ex + dolus / device, act + malus / bad, evil]
Growing out of a bad deed or act. The consequences of conduct arising from
fraud or deceit.
EX DOLO MALO NON ORITUR ACTIO
No action can arise from or be based on a bad deed or on deceit. The princi-
ple which directs a court not to consider an action based on an illegal or
immoral act.
See EX TURPI CAUSA NON ORITUR ACTIO
EXECUTION [L. exsequi / to follow to the grave; to pursue till the end]
The act of carrying out or performing a task or duty. The act of putting some-
one to death. Also, the process by which a judgment or other declaration of a
legal right is enforced. The act of a sheriff or other court officer in collecting
a judgment debt.
EXECUTIVE [L. ex + sequor, sequi, secutus / to follow to the end; to keep up;
to carry out or execute]
A person who has administrative or managerial duties. Having administrative
duties. In the American constitutional system, that branch of government
charged with carrying out and enforcing the law; one of the three branches of
government (along with the judicial and legislative branches). An executive
agreement is an enforceable treaty-like agreement between the U.S. and a
foreign state which is authorized by the President without approval by the
Senate. An executive pardon is a pardon issued to a prisoner by the President
or by the governor of a state. An executive session is a meeting of a commit-
tee or board which is closed to all but its members.
EXECUTOR [L. ex + sequi / to follow till the end]
The person named by a testator to carry out the purposes specified in his will
and to manage and dispose of his property in accordance with his testamen-
tary instructions.
EXECUTORY [L. ex + sequi]
Waiting to be executed or carry out. To be done or completed in the future.
Having future effect or impact. An executory contract is one in which the
parties promise to perform some act in the future. An executory use is a use
which will come into existence at some future time, as in the case of a spring-
ing use.
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119
EX GRATIA
120
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121
EX MERO MOTU
122
LATIN FOR LAWYERS
EX PARTE
By or on the application of one party only; applied to proceedings which are
initiated by or for the benefit of one party without notice to the other; e.g., an
ex parte proceeding. An ex parte injunction is an order issued by the court
upon the application of one party without notice to the other. Other proceed-
ings which may occur ex parte: ex parte divorce; ex parte hearing; ex parte
license revocation.
EX PARTE MATERNA
From the side of the mother. Proceeding from the mother; the maternal line.
EX PARTE PATERNA
From the side of the father. Proceeding from the father; the paternal line.
EXPATRIATION [L. ex + patria / fatherland]
To renounce the citizenship of one country and elect the citizenship of
another. To terminate one’s civil and political rights in one country and
resume them in another.
EXPECTANCY [L. exspecto, exspectare / to look for, wait for; anticipate]
Anything anticipated in the future. A person's life expectancy is the number
of years he may expect to live based upon statistical tables. An interest in
property which may or may not mature in the future and which may not be
possessed or enjoyed in the present.
EXPECTATION [L. exspectare / to await, anticipate]
Anything awaited or anticipated. Expectation damages are damages awarded
to a party in an action for breach of contract measured by the benefit he
would have received if the contract had been performed according to its
terms.
EXPENSAE CIRCA FUNUS [L. expensus / anything paid out + circa / at the
time of + funus / a funeral]
Expenses connected with burial. Funeral expenses.
EXPENSE [L. expensus, from expendo, expendere / to weigh out, pay out, pay
for]
Anything spent to secure a benefit or a thing of value. An outlay of money or
effort in exchange for a benefit. A business expense is one in connection with
the operation of a business or commercial enterprise, as opposed to a per-
sonal expense, i.e., an expense in the furtherance of one's personal affairs. A
capital expense is a current business outlay or investment in exchange for a
long-term business benefit.
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EXPERT
EXPERT [L. expertus, fr. experior, experiri / to try, prove; put to the test. To
know through trial or experience]
A person with special skill or knowledge in a particular field or area of expe-
rience or knowledge, entitling him to form and express an opinion on matters
in dispute. An expert witness is a witness who is qualified as an expert and
who has knowledge of a particular subject not ordinarily possessed by the
average person. An expert witness is allowed to give his opinion and to assist
the court and jury in understanding and determining a complex and technical
subject.
EX POST FACTO
After the fact. After the thing has been done. The phrase applies to any law
that criminalizes an act that was innocent when committed; any law that
makes a crime greater or more serious than when it was committed; or any
rule of evidence which adversely affects a criminal defendant’s rights as they
existed prior to the rule. Article I, Section 9 of the U.S. Constitution pre-
cludes the passage of such a law or rule by any state or by the federal govern-
ment. The provision has been construed to apply only to crimes, not to civil
rights.
See AB INITIO; FACTO
EX PRAECOGNITA MALITIA
With malice aforethought.
See EX MALITIA PRAECOGNITA
EXPRESS [L. expressus, from exprimo, exprimere / to force out, to describe, to
say in words]
Clearly and explicitly stated. Exact, precise. Not left to inference or implica-
tion. An express agency is an agency created in clear language, either in writ-
ing or verbally. An express condition is a condition in a contract in plain and
simple language.
EXPRESSIO FALSI [L. exprimere / to represent, portray, express + fallere,
falsus / to deceive]
A false statement; a lie.
EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS
The statement of one thing or fact suggests the exclusion of all others. The
expression of one thing in a statute or document will be interpreted to mean
that another thing which is not specifically mentioned will be excluded; e.g.,
a statute which is applicable to “doctors, nurses, nurses aids, and other hospi-
tal employees” will be construed as excluding the employees of nursing
homes.
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EX TEMPORE
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127
EXTRA VIAM
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129
FABRICATE
130
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131
FALSARE CURIAM
132
LATIN FOR LAWYERS
133
FELO DE SE
134
LATIN FOR LAWYERS
135
FIDUCIARY
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FORCE MAJESTURE
Deadly force is force intended by the user to cause either death or the risk of
death.
FORCE MAJESTURE [L. fortis / strong + maiestas / greatness, majesty; the
Roman gods]
An act of God such as lightning, earthquakes, floods, etc., which operates to
prevent or delay the performance of a contract or of a duty or obligation. Syn-
onymous with the more common term force majeure (from the French).
See VIS MAJOR
FORCE MAJEURE
In insurance law, a superior or irresistible force, an act of God. In contract
law, an event which is beyond the control of the parties and which excuses
performance.
FORCIBLE (ENTRY)
Carried out by force or the threat of force. Forcible entry at common law was
the seizure of another's property by the use of force or violence or by any
means creating fear of violence. In many states, the term is used to describe
any wilful entry upon another's property without his consent. Model Penal
Code §221 defines the misdemeanor of Criminal Trespass as any unprivi-
leged entry at night onto any building or occupied structure; if the entry is
during the day, it is defined as a petty misdemeanor.
FORECLOSE [L. foras, foris / outside, out of doors + claudo, claudere / to
close, shut]
To shut out, prevent, cut off. To conduct a judicial proceeding which extin-
guishes all rights of a mortgagor to a parcel of real property, including his
equity of redemption. In a foreclosure, the court orders a sale, the proceeds of
which are applied first to the costs of the proceeding and then to liquidation
of the mortgage. Under Article 9 of the UCC, a creditor with a security inter-
est in personal property may foreclose and extinguish the rights of his debtor
by judicial action and sale.
FOREIGN [L. foras, foris / out of doors, outside, without]
Situated outside or beyond the boundaries of a state or country. Belonging to
another state or country. Distinguished by characteristics different from those
at hand. Strange, unknown. Not native or natural to. A foreign corporation is
a corporation organized in another state. A foreign decree is a judgment or
order of a court in another state.
138
FORENSIC [L. forensis / relating to the market or forum; relating to the legal
proceedings of the Roman forum]
Relating to, used in or useful for the courts and for judicial determinations.
The application of scientific knowledge to law and legal issues. Forensic
medicine, for example is the discipline which relates all of medicine to the
needs and purposes of the law. The medical data which are submitted to and
considered by the courts in civil and criminal actions. Used also in forensic
engineering, forensic linguisrics, etc.
See FORUM
FORFEIT, FORFEITURE [L. foris / outside + facio, facere / to make, do]
To give up or lose as the result of some error or offense. To pay an unwilling
price for. To lose a right or privilege in consequence of some action or failure
to act, as for a breach of contract or a failure to appear in court. To become
liable for the payment of a sum of money or the loss of property after a crim-
inal act. Several federal statutes provide for the forfeiture of assets as a pen-
alty for commission of a crime. Also, the divestiture of assets without
compensation. A judicial act resulting in the deprivation of a party’s property,
as the forfeiture of bail (resulting from the bail bondsman’s failure to secure
the court appearance of a defendant).
FORMA PAUPERIS
See IN FORMA PAUPERIS
FORO SECULARI [L. forum / an open place, a market place, a place of public
business + saeculum / a generation, the current period, these times]
A secular or civil, as opposed to ecclesiastical, court.
FORTIOR [L. fortis / strong]
Stronger, more powerful. Used to describe evidence which is persuasive
enough to shift the burden of proof from one party in the litigation to the
other.
See A FORTIORI
FORTIOR EST CUSTODIA LEGIS QUAM HOMINIS
The law is a more forceful custodian (of rights) than man.
FORTUITOUS [L. fortuitus / accidental, casual, occurring by chance]
An event or act which happens accidentally and without human planning or
intervention. An unavoidable event. The law of insurance deals with reim-
bursement and compensation for fortuitous events.
139
FORUM
FORUM [L. The center of a community; the market place; later, a place where
legal relief or remedy could be sought]
A courthouse; the court; a tribunal. The place where justice is dispensed.
Also, a public meeting place; a place for the exchange of discussion and
ideas.
FORUM ACTUS
The court controlling or having jurisdiction over the place where the event or
act at issue took place.
FORUM CONSCIENTIAE
A court with conscience or a sense of right and fairness. A court of equity.
FORUM CONTRACTUS
The court controlling the place where a contract was made.
FORUM CONVENIENS
That court which is most appropriate for resolution of a dispute or issue.
FORUM DOMICILII
The court which presides or has jurisdiction over a party’s place of residence.
FORUM DOMICILII ACTORIS
The court having jurisdiction over the plaintiff’s place of residence.
FORUM DOMICILII REI
The court having jurisdiction over the defendant’s place of residence.
FORUM LITIS MOTAE
The court in which the action is brought.
FORUM NON CONVENIENS
An inconvenient forum or court. The doctrine which enables a court to
decline to hear a case even though it has jurisdiction, if in the court’s judg-
ment there is no compelling substantive reason for the case to be brought
there and there is another court which would be more convenient or fairer to
the parties. The principle which authorizes and enables a court to reject a liti-
gation if in the court’s judgment another court would be more appropriate.
See INCONVENIENT FORUM
FORUM REI GESTAE
The jurisdiction in which the act at issue was done.
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141
FRATRICIDE
142
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143
FUGITIVE
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145
GENEALOGY
146
Special words or ideas subtract from the meaning or power of general words
or ideas.
GENERAL PARTNER
Every partner in a general partnership — i.e., any partnership which is not a
limited partnership — is a general partner. In a general partnership, each
partner is fully liable for all partnership debts regardless of the amount of his
capital contribution. In a limited partnership, a general partner is a partner
who conducts the partnership business and who assumes personal liability for
all the obligations of the partnership. The limited partners of a limited part-
nership do not participate in management and are liable for partnership debts
only to the extent of their capital contributions.
GENERAL POWER OF APPOINTMENT
A power which permits the holder of the power to appoint anyone he choses,
including himself.
GENERATION [L. generare / to give birth to, produce]
A measurement of the succession of human lives which assigns a different
designation at each level of descent; e.g., my father’s generation, the current
generation, the post-war generation, etc. One level of lives in the succession
of human history. Also, the successive degrees in computing the order of
descent in the law of Wills. The average length of time between the birth of a
parent and the birth of his first child.
GENERIC [L. generare]
Characteristic or representative of an entire class. In trademark law, a generic
mark is one which has such common and widespread use that it cannot be
protected as a trademark. The generic name of a drug or prescription is the
original scientific name assigned to it, as opposed to the brand name given to
it by a pharmaceutical company.
GENTRIFICATION [L. gens / a group of people with common ancestors
linked by a common surname]
The process by which a neighborhood of poorer people and rundown dwell-
ings is converted into an upscale middle class or more affluent neighborhood
by the influx of new residents and the renovation of existing housing.
GENUINE [L. genuinus (from gigno, gignere / to give birth to) / natural, inher-
ent]
Real, authentic. Free from contamination or adulteration. True; not false or
counterfeit. As applied to documents, instruments or creative works such as
paintings or literature, the word means that they can be verified as true origi-
147
nals, not forgeries or counterfeits. A genuine issue of fact — one which raises
doubt — precludes summary judgment in an action.
GESTATION [L. gestare / to carry or bear]
To carry in the uterus during pregnacy; the period from conception to birth.
The creation or birth of ideas and thoughts.
GESTIO (GESTUM) [L. gestire / to exult, celebrate]
An act, transaction or performance.
GIFT CAUSA MORTIS
A gift of personal property in anticipation of death. An inter vivos gift by a
donor in expectation of death. An effective gift causa mortis must satisfy the
following conditions: a gift to take effect on the death of the donor; the immi-
nent death of the donor; death in fact from the anticipated cause of death
without intervening recovery; delivery of the gift itself to the donee.
See CAUSA MORTIS; DONATIO CAUSA MORTIS
GIFT INTER VIVOS
An absolute and unconditional gift of personal property between donor and
donee during the life of both. A voluntary transfer of personal property with-
out consideration during life. In the case of assets capable of delivery, deliv-
ery must be completed. In the case of assets not capable of delivery, the donor
must surrender all control of the asset to the donee.
See INTER VIVOS
GOOD SAMARITAN [L. samaritanus (from the Greek) / a resident of
Samaria]
A person who helps others in distress. In law, the Good Samaritan Doctrine
provides a degree of protection for those who go voluntarily to the help of
others who are hurt or in danger. The good samaritan is not liable for his
actions unless he has proceeded recklessly or unless his actions have aggra-
vated the risk or injury. The doctrine is codified to some extent in the laws of
most states. Note, however, that there is no recognized duty or responsibility
to go to the aid of others.
GOVERN [L. gubernare / to steer (a ship), direct, govern]
To control or direct. To exercise sovereignty over. To possess and utilize the
power to control the affairs and activities of constituent members. To deter-
mine policy for and regulate the functions of the body politic.
GOVERNMENT [L. guberno, gubernare / to steer; to lead to safety; to govern]
The organization of society into a central authority to manage and control
common affairs and activities. The process of controlling society. The con-
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LATIN FOR LAWYERS
centration of public power and responsibilty the hands of a few to control the
general public. The class of persons who are designated or who function to
manage the affairs of the entire populace. Government in the United States
functions at two levels — the federal level and the state level. At the federal
level, it is divided into the executive, judicial and legislative branches.
GOVERNMENTAL IMMUNITY
See IMMUNITY; SOVEREIGN IMMUNITY
GRACE [L. gratia / agreeableness, charm, attraction; beloved]
A special favor or privilege. A reprieve or exemption from performance of a
duty. Indulgence or forgiveness. A grace period is a stated period of days
during which a duty or responsibility is suspended without penalty, e.g., a
period of time in a loan agreement during which default will not be invoked
although the date for payment has passed.
GRATIS [L. gratia (gratus) / pleasing, free, without compensation]
For nothing; given or performed without expectation or receipt of compensa-
tion or consideration.
GRATIS DICTUM [L. gratia + dico, dicere / to say, speak]
A statement which is made freely and without compulsion or obligation. A
statement made without purpose or without expectation that it will be relied
on.
GRATUITOUS [L. gratia, gratuitus / spontaneous, unprovoked, free]
Anything not paid for or expected. Given or conveyed without legal consider-
ation; e.g., a gratuitous promise. A gratuitous guest is one who is extended an
amenity or service without paying for it; e.g., a non-paying passenger in a
car.
GRATUITY [L. gratuitus]
A gift or present. Anything given without consideration or obligation. A vol-
untary reward. A tip.
GRAVAMEN [L. gravis / weighty, important]
The essential part of a statement or thought. The material parts of a griev-
ance, pleading, complaint, cause of action or indictment.
GRIEVANCE [L. gravare / to burden, to weigh upon]
A cause for complaint. A complaint about an injustice or wrong. The formal
expression of a complaint. In labor law, a statement by an employee, or by his
union representantive, alleging violations of employment terms or conditions
by the employer and initiating a procedure for resolving the complaint. Also,
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GUARDIAN AD LITEM
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151
HABEAS CORPUS AD TESTIFICANDUM
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153
HEREDITARY
154
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155
HOSPITIA CURIAE
HOSPITIA CURIAE [L. hospitium / a guest house or inn + curia / the meet-
ing place of the Roman senate; a court or courthouse]
The inns of court. In London, an association of lawyers with common or
adjacent quarters designed to further collegiality in the practice of law and to
offer instruction to students of the law.
HOSTAGE [L. hostis / a stranger, an enemy, a public foe]
A person seized by another to secure or enforce compliance with a demand;
e.g., the detention of a victim by a kidnapper to secure payment of ransom. In
time of war or conflict, the seizure and detention of individuals by one party
to the conflict in order to exact conditions and terms from the other.
HOSTES HUMANI GENERIS
Enemies of the human race. Enemies of the people.
HOSTILE [L. hostis / an enemy or foe]
Marked by an attitude which is antagonistic and unfriendly. The acts and atti-
tudes of an enemy. In the law, the word is applied both to the possession of
real property and the acquisition and control of corporations. Hostile posses-
sion is possession of real property adverse to all other interests, including the
record owner’s. A hostile takeover is the usurpation of control of a corpora-
tion or business in opposition to existing management.
See ADVERSE POSSESSION
HOSTILE WITNESS
A witness who shows such antagonism on direct examination to the party by
whom he is called as witness as to warrant his treatment as an adverse wit-
ness. This means that he is regarded as a witness called by the opposing party
and may be cross-examined and asked leading questions by the party who
originally called him.
HUMANITARIAN (DOCTRINE) [L. homo, humanis / relating to human
beings]
Promoting the welfare and improving the condition of others. Considerate,
sympathetic. Motivated by a desire to help others and society in general. The
humaniarian doctrine — a doctrine followed only in a few states — holds
that a person who has the last chance to avoid an accident or an injury to oth-
ers has an affirmative duty to do so; if he does not fulfill the duty, he relieves
the other party of responsibility for any negligence which may have contrib-
uted to the accident.
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157
IBID. OR IB.
IBID. OR IB. [L. abb. of ibidem / in the same place, at that place]
Used to mean “on the same page” or “in the same book.”
IBI JUS, IBI REMEDIUM
Where law exists, a remedy (also) exists.
ID. [L. abb. of idem / the same]
Identical to something previously mentioned. Used to tell the reader that a
fuller reference to a name, title, citation or other element of the text has been
made previously in the same text.
ID CERTUM EST QUOD CERTUM REDDI POTEST
If language can be made certain, we will make it certain. If an ambiguity can
be resolved by proof, the court will hear the proof and resolve the ambiguity.
IDEM PER IDEM
The same for the same. Like for like.
IDEM SONANS [L. idem / the same + sonare / to sound, make a noise]
Sounding the same; having the same sound. Applied to two names that are
spelled differently but pronounced alike; e.g., Allan and Allen or John and
Jon. Usually, the misspelling of a name in a pleading or other document is not
material so long as the proper identification can be made from other sources.
IDENTATE NOMINIS
The name for a judicial writ which provided for the release of an innocent
prisoner who had the same name as the real culprit.
IDENTITY [L. identidem (idem et idem) / over and over, again and again]
Those elements which distinguish one person from another. Also, sameness
in general characteristics or qualities. The process of describing a person so
as to distinguish him from all others.
ID EST (abb. i.e.) [L. idem (id.) + esse / to be]
That is, or that is to say. In its abbreviated form , i.e., it is used to expand
upon, explain or clarify a point in speech or writing.
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159
ILLUSORY TRUST
ILLUSORY TRUST
A trust in language, construction and form, but one in which, on analysis, the
settlor retains so much control over the trust property that it is clear he did not
really intend to surrender any of his rights to the trustee.
IMMATERIAL [L. in / not + materia / matter]
Not composed of matter; insubstantial; non-existent. Irrelevant, unessential,
of no consequence. Immaterial evidence is evidence without probative value.
Upon motion by counsel, it will be excluded by the court.
IMMIGRATE [L. in + migrare / to move from one place to another]
To come into a country from another country of which one is a citizen, for the
purpose of establishing a new and permanent residence.
See EMIGRATE
IMMINENT [L. imminere / to project or hang over; to theaten]
Ready to happen or take place; impending. Hanging over one’s head; threat-
ening.
IMMINENT DANGER
The condition confronting a person who cannot reasonably escape fom a
threat to his life or safety except through his own actions or devices; a threat
which puts a reasonable person to his own immediate defenses; a condition
used to justify a homicide or other act of defense.
IMMINENT DEATH
Impending or approaching death; to be on one’s death bed. A condition
which is recognized by the law as legitimating gifts causa mortis.
See CAUSA MORTIS; DONATIO CAUSA MORTIS; GIFT CAUSA
MORTIS
IMMOBILIA SITUM SEQUUNTUR
Immoveable things follow the law of their location.
IMMUNITY [L. in + munus / office, duty, function]
Literally, free from a duty, as a duty to pay taxes. Protected from; not suscep-
tible to; having resistance to. A special status conferred upon some and not
available to others. A right or freedom, or an exemption from a duty, not gen-
erally enjoyed by others. (Examples: executive immunity, absolute immunity,
immunity from prosecution, interspousal immunity, judicial immunity, etc.)
IMMUNITY FROM PROSECUTION
The process by which a witness is promised by the authorities that he will not
be prosecuted if he gives testimony regarding the commission of a crime.
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161
impeachment against President William Jefferson Clinton. In the law of evi-
dence, to impeach a witness is to call his veracity into question by showing
prior inconsistent statements or contradictory facts or by challenging his
character or reputation. To impeach a verdict is to challenge the integrity of a
verdict for alleged improprieties by the jury.
IMPEDIMENT [L. in + ped (see IMPEACH)]
A bar or hindrance; an obstacle. A disqualification or disability preventing
entry into a legal relationship or the execution of a binding contract; e.g.,
infancy or insanity, or, in the case of marriage, the relationship between first
cousins.
IMPERFECT [L. in / not + perficio, perficere, perfectus / to complete, finish,
achieve]
Defective or incomplete in some element required by the law, e.g., an imper-
fect obligation, an imperfect title, an imperfect right. Unenforceable because
lacking in some essential.
IMPERITIA CULPAE ADNUMERATUR
Ignorance or lack of skill may constitute negligence.
IMPERSONATE [L. in / not + persona / a role or part; also, a mask worn by
the actors in a Greek or Roman play]
To represent oneself falsely as possessing a public office or a license required
for the performance of a skill or profession, e.g., to impersonate a police
officer or a doctor. Also, to pretend to be someone else; to play the role of
another person.
IMPLICATE [L. implicare / to involve, entangle]
To involve in an act or event. To accuse someone of participation in an act, as
in an accident or the commission of a crime. A suggestion or conclusion
drawn from a set of circumstances.
IMPLICIT [L. implico, implicare / to enfold, entangle, involve]
Contained within something but not fully revealed, as “your anger is implicit
in that statement.” Potential. Existing but unexpressed.
IMPLY, IMPLIED [L. implicare / to unfold, entangle]
To express indirectly, as through deeds, conduct and manner, rather than
explicitely or directly. In law, to suggest the intentions of the parties to a
transaction when the parties have themselves failed or neglected to define
them expressly but have manifested them through their conduct. Examples:
implied agency, implied consent, implied contract, implied easement, implied
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lien, implied malice, implied notice, implied power, implied waiver. implied
warranty.
IMPOSSIBILITY [L. in + possum, posse, potui / to be able]
Not capable of fulfillment. In the law, impossibility applies generally to the
performance of contracts or the discharge of duties. If a commitment is
impossible of performance by its very nature or because of some supervening
natural occurrence or event, rather than because of the inability of the obligor
to perform, then the performance is excused.
IMPOSSIBILIUM NULLA OBLIGATIO EST
There can be no obligation to perform the impossible.
IMPOSTER [L. imponere / to place, lay upon, put on]
One who pretends to be another, usually with intent to deceive or defraud.
Anyone who poses as another to obtain the benefits of the person he pretends
to be. A check drawn to an imposter may be indorsed and negotiated by any-
one. UCC § 3-405(1)(a).
IMPOTENTIA EXCUSAT LEGEM
The law must defer when an act becomes impossible.
IMPRESS [L. imprimere / to press into or upon]
The process by which a court imposes a constructive trust for equitable rea-
sons, as when a party performs services for a testator in reliance on the testa-
tor’s promise to include him in his will and the testator fails to do so. Also, to
force into public service, as in military conscription.
IMPRIMATUR [L. imprimere / to press into, engrave]
Literally, let it be printed. A licence granted by a government permitting the
publication of a particular book. Formerly, an imprimatur was required in
England before a book could be published. Many countries still require offi-
cial approval before publication. Any attempt to require an imprimatur would
violate the U.S. Constitution. The word now is also used to mean a mark or
stamp of approval.
IMPROPER [L. in / not + proprius / exclusive to oneself, peculiar, special; also
proper, correct]
Unsuitable or unfit. In violation of. Not in accord with general attitudes or
principles.
IMPROVEMENT [L. in + probare / to make good, approve]
A change or addition, usually to real property, which enhances its utility or
value. The term requires the use of labor and capital in new or modified con-
163
IMPUNITY
164
LATIN FOR LAWYERS
rant if the items are in plain view, even if the discovery of the items is not
inadvertent but, rather, anticipated by the police.
INALIENABLE [L. in / not + alienus / belonging to another, foreign to]
Incapable of being sold or transferred from one person to another, as in the
case of a navigable river or a public park, bridge or highway. Also, an indi-
vidual right which cannot be seized or usurped by public authority and can be
surrendered only by the individual possessing it, such as the inalienable
rights conferred upon all Americans by the Bill of Rights (the first ten
Amendments to the Constitution).
IN ARBITRIO JUDICIS
In the discretion of the court. As the court may decide.
IN ARCTA ET SALVA CUSTODIA
In safe custody.
IN ARTICULO MORTIS
At the point of death.
IN CAMERA [L. in + camera / a vault or vaulted room]
In a judge’s chambers, as distiguished from the public courtroom. The room
can be either the judge’s office or a room off the courtroom. Proceedings held
in a room from which the public is excluded. Sometimes means actions taken
by a judge in private when court is not in session. Occasionally, a judge will
examine a sensitive document in camera before deciding whether to admit it
into evidence.
INCAPACITY, INCAPACITATE [L. in / not + capio, capere / to take, seize;
take possession of]
The inability to exercise the legal rights available to others because of some
condition which suggests a lack of maturity or ability, as in the case of a
minor or a person who is mentally ill. Also, the inability of a worker or
employee to discharge the duties of his job because of illness or injury. The
period in which an employee is incapable of performing the usual tasks
required of his job. To incapacitate is to determine that someone may not
legally act for himself; also, to bring about the inability of a person to per-
form the duties of his job or employment.
IN CAPITA [L. in + caput / the head]
By the head; inheritance in capita occurs when all persons entitled to take,
take in equal shares. Also, a challenge directed to an individual juror as
opposed to a challenge to the entire panel. A challenge to the entire panel is a
challenge to the array.
165
IN CAPITE
IN CAPITE
A feudal land interest or tenement held directly from the king.
See CAPITE
INCARCERATE [L. in + carcer, carcerare / prison, jail]
To imprison or place in confinement.
IN CASU CONSIMILI
In a similar case.
INCENDI CRIMEN [L. incendere / to set afire, to burn + crimen / accusation,
crime]
The crime of arson.
INCEST [L. in / not + castus / chaste, pure, morally pure]
Sexual intercourse or cohabitation between two persons so closely related to
each other as to make marriage between them illegal; also, the crime of par-
ticipating in such intercourse.
INCHOATE [L. inchoare / to begin work on]
Partly or incompletely done or formed. Something not yet completed or fin-
ished. In criminal law, an inchoate offense is one in which the initial steps
leading to another crime have been commenced but in which execution of
that other crime is not yet complete. The offenses of attempt, solicitation, or
conspiracy to commit a crime may all be described as inchoate offenses (see
Model Penal Code).
INCHOATE DOWER [INCHOATE RIGHT OF DOWER]
The contingent life interest which a wife has in her husband’s lands prior to
his death and which ripens and becomes effective only if she survives him.
Her inchoate right could not be defeated by a transfer of title to others by the
husband. The right of dower has now been eliminated in all but a handful of
states.
INCHOATE INSTRUMENT
An instrument which has been executed and delivered by one party to another
and is therefore effective as between the two parties and their assigns, but
which requires recording or registration before it is effective against third
persons without notice.
INCHOATE INTEREST
An interest in real property which ripens only upon the happening of a later
condition or event and which is subject to being barred, divested, extin-
guished or terminated upon failure of that condition or event.
166
LATIN FOR LAWYERS
167
INCOMPETENT
168
LATIN FOR LAWYERS
169
IN DELICTO
170
LATIN FOR LAWYERS
171
IN DUBIO
172
LATIN FOR LAWYERS
IN EXTENSO
Fully, at full length. A text, such as a judicial opinion, which is recited or
reproduced in extenso is reproduced in its entirety or verbatim.
IN EXTREMIS [L. in + exter, exterior, extremus / at the outer limits, at the
edge]
In extremity; in extreme circumstances; at or close to the end. Imminent
death; especially, in anticipation of death. A dying declaration is a disposition
or statement in extremis. The dying declaration of the victim is admissible as
evidence in a trial for homicide. The term is also used to describe any
extreme or urgent circumstance.
See IN LECTO MORTALI
IN FACIE CURIAE
Facing the court. Before the court.
IN FACTO
In fact. As a matter of fact.
INFAMIA, INFAMIS
Ill fame. Dishonor, disgrace. In bad repute, disgraced.
INFAMIA FACTI
Dishonor or disrepute following alleged commission of a crime but before a
judicial determination of guilt or complicity.
INFAMIA JURIS
Infamy in law. The dishonor or disrepute which attaches to a defendant after
conviction for a crime.
INFAMOUS [L. in / not + fama / rumor, report, reputation]
Having an unfavorable or shameful reputation. Known for qualities which are
considered disgraceful or socially unacceptable. Guilty of a crime of infamy.
A person imprisoned for a crime.
INFAMY [L. in + fama / fame, report, rumor, public opinion]
An evil reputation resulting from the commission of a reprehensible act, such
as a felony or treason. At common law, an infamous criminal could not serve
as witness. The word “infamy” became a national byword when President
Roosevelt called December 7, 1941, the date on which the Japanese bombed
Pearl Harbor, “....A date which will live in infamy....”
173
INFANCY
INFANCY [L. infans / speechless; without the gift of speech; a little child]
The state of being a minor, i.e., under the age at which a person is deemed to
have the legal capacity to act for himself.
INFANTICIDE [L. infans + caedo, caedere / to strike; to kill]
The killing of a child after its birth.
INFER, INFERENCE [L. in + ferre / to carry, take away]
To draw a conclusion from a set of facts or beliefs. To deduce a fact or finding
from other facts presented as proof. A process of reasoning by which a con-
clusion may be drawn from facts which are known or proven. In the law of
evidence, a proposition or conclusion supported by the facts presented to the
trier.
IN FIERI [L. in + facere / to make, do]
In progress or process, in the process of being made or done; incomplete,
inchoate. A trial is in fieri until the verdict is in and judgment is entered.
IN FLAGRANTE DELICTO
In the very act of committing a crime or misdeed. Also, to be discovered in an
illicit sex act.
See FLAGRANTE DELICTO
INFLAMMATORY [L. in + flammo, flammare / to burn; to set fire to]
Tending to excite or inflame. Inducing anger, violence or disorder.
INFORMANT [L. informo, informare / to mold or give shape to; to have an
idea]
A person who supplies information to another, especially information which
comes from a confidential source and is not meant to be disclosed. One who
informs the police of the criminal behavior of another, especially for money
or other concessions.
See INFORMER
IN FORMA PAUPERIS
In the form or manner of a pauper. Impoverished, indigent. The right of a
pauper to apply for and receive the court’s permission to bring an action with-
out being responsible for costs or fees. Also, the right of an indigent criminal
defendant to court-appointed counsel.
See INDIGENT DEFENDANT; PRO BONO PUBLICO
174
INFORMATION [L. informo, informare]
Data or knowledge. The dissemination of news or reports. In law, an informa-
tion is an accusation of the commission of crime issued against an individual
by a public official authorized by law to issue it, e.g., a state or county prose-
cutor. An information functions in the same way as a grand jury's indictment
and requires appearance and response by the accused. Some states require a
grand jury indictment; others permit the issuance of informations.
INFORMATIONAL PICKETING
A form of concerted activity by labor unions designed to inform the general
public that a particular employer does not have a contract with the picketing
union and/or does not employ members of the union. Informational picketing
is permitted under the National Labor Relations Act.
INFORMATION AND BELIEF
A term used by lawyers in connection with pleadings and affidavits to indi-
cate that the person sponsoring the pleading or the affidavit has no personal
or firsthand knowledge of the statements made, but nevertheless believes, in
good faith, that the statements are true.
INFORMER [L. informare / to give shape to, to fashion]
Anyone who secretely supplies information to the authorities of the commis-
sion of a crime or infraction by another. Informers may receive compensation
for their information. A person who supplies information to the police in the
regular course of an investigation is not an informer.
See INFORMANT
IN FORO [l. in + forum / a square or marketplace; a public place; a court]
In a court, forum or tribunal; in a courtroom.
IN FORO LEGIS
In a court of law.
INFRA [L. Underneath, below, following]
Used in a text, infra refers to items, facts, terms or citations, which come after
the point or place of reference. Contrasted with supra, which refers to items,
facts, terms or citations which come before or precede the point or place of
reference.
See SUPRA
INFRA AETATEM
Before or under the age. Under age.
175
INFRACTION
176
LATIN FOR LAWYERS
INHERENT DEFECT
A latent defect. A defect which is present within a product or property but
which is not visible or discernible to the user or occupant upon ordinary and
reasonable inspection or use.
See LATENT
INHERIT [L. inhaerere / to cling to, hold onto]
To take or receive property from a decedent by the process of descent and dis-
tribution. To take upon the death of another in accordance with the rules gov-
erning intestacy or, in accordance with his will or testament. Also, to come
into possession of or feel the effect of.
INHERITANCE [L. haeres / an heir; haereditas / an inheritance]
The acquisition of title to real or personal property under a will or under the
laws of intestacy. Succession to property upon the death of another. An inher-
itance tax is a tax imposed by the state upon the acquisition of property by an
heir or legatee, measured by the value of the property.
IN HOC
In this; respecting this thing.
IN HUNC MODUM
In this way or manner.
IN INFINITUM
Without end; to the end; indefinitely. A continuous succession of things or
events.
See AD INFINITUM
IN INITIO
At the very beginning. The opening phases of a lawsuit are said to be in initio
litis.
See and distinguish AB INITIO
IN INVITUM [L. in + invitus, invitum / unwilling]
Against the will, or without the consent, of another party.
INIQUUM EST ALIQUEM REI SUI ESSE JUDICEM
It’s wrong for anyone to judge his own complaint or cause.
INITIALIA TESTIMONII
The preliminary interview of a witness.
177
INITIATIVE
178
LATIN FOR LAWYERS
179
IN MORTUA MANO
180
LATIN FOR LAWYERS
IN PARI CAUSA [L. in + par / equal, a match for + causa / cause, reason]
Equally responsible. In equal fault or guilt. Equally culpable, guilty, wrong,
or criminal. At common law, a party who was in pari causa with another
party could not sue the other party with regard to the acts in which he had
participated.
IN PARI DELICTO [L. in + par / equal + delictum / fault, crime; in equal
fault]
Equally culpable or guilty. The general rule is that illegal transactions or con-
tracts are not legally enforceable by anyone. But when parties to an illegal
agreement are not in pari delicto, i.e., are not equally at fault, the agreement
may be enforceable in equity by the less guilty party. A party may, for exam-
ple, have participated in the illegal agreement only because he was compelled
to do so under fraud or duress. In tort law, the party most responsible for the
wrong may be liable for all the damages without contribution by others who
may be less responsible.
See A PARTICEPS CRIMINIS; DELICTUM; IN DELICTO; PAR
DELICTUM
IN PARI JURI
In equal right. With equal rights.
IN PARI MATERIA
On a similar or intertwined subject matter. A rule of statutory construction
which provides that all relevant legislation, whether sections of one statute or
parts of several statutes, dealing with a particular subject or directed to a
common purpose, should be read and interpreted together to determine the
legislative intent. The rule may be applied also in the interpretation of instru-
ments and contracts.
IN PARI PASSU [L. in + par / equal + passim / here and there, far and wide,
indiscriminately]
On an equal footing. Requiring equal treatment.
IN PERPETUAM (IN PERPETUITY) [L. in + perpetuare / to continue; to
maintain unbroken]
To last or exist forever; interminable. A gift or transfer in perpetuity is a gift
or transfer that is meant to last forever. In the law of real property, a perpetu-
ity is a limitation or condition which prevents or suspends the transfer of title
to property for a period longer than a life or lives in being plus twenty-one
years. The Rule Against Perpetuities is designed to prohibit such conditions
or limitations.
See PERPETUITY
181
IN PERPETUAM REI MEMORIAM
182
LATIN FOR LAWYERS
plead lack of jurisdiction. A lawyer, as officer of the court, could not chal-
lenge its jurisdiction and was deemed to have accepted the jurisdiction when
he appeared.
See PROPRIA PERSONA; PRO SE
IN QUANTUM MERUIT
An equitable doctrine supporting a plaintiff’s right to recover for “as much as
he deserved.” For a more extended discussion:
See QUANTUM MERUIT
INQUEST [L. inquiro, inquirere / to investigate, inquire into, search for]
An official investigation by a body (e.g., a jury) appointed by the court to
determine the facts surrounding an event. The investigation by a coroner’s
jury into the circumstances of a suspicious death. The word is also used to
describe the jury itself.
INQUIRY [L. in + quaero, quaerere / to seek or search (inquiro, inquirere)]
A search for facts or information. A formal investigation by a commission or
a legislative or prosecutorial committee of a matter of public interest, often
with the power to compel testimony and disclosure. Under common law, a
writ to determine plaintiff's damages after default by a defendant.
INQUISITION [L. inquirere / to seek or search for; inquisitio / a searching for]
A judicial determination, usually based upon the findings of a jury. An
inquest. Formerly, the inquiry into heresy by the Catholic Church and by the
rulers of Spain and Portugal.
INQUISITIO POST MORTEM
An inquiry, investigation or inquest after death.
See POST MORTEM
IN RE
In the matter of, concerning, in the affair of. Used in the title of a legal pro-
ceeding or action which is not inherently adverserial but which requires the
determination of some right or matter or an interest in property; e.g., In re
Estate of Murphy. Also used more generally, as in the heading of a letter or
memorandum, to indicate the subject matter dealt with by the writer.
IN REM [L. in + res / a thing, fact or object]
Concerning a thing or item of property, rather than a person. An action in
which the plaintiff seeks recovery against or affecting property or things. The
judgment in an action in rem determines the rights of all parties claiming an
183
IN REM JURISDICTION
184
LATIN FOR LAWYERS
185
IN STIRPES
IN STIRPES [L. in + stirpes / the main stem and roots of a tree; source, origin]
In intestacy, a decedent’s heirs take by right of representation from an ances-
tor who can be identified. Distribution of an intestate estate in or per stirpes
occurs when the living heirs are not all of the same generation. In that case,
the estate is first divided according to generation and then among the mem-
bers of each generation. Distribution in or per stirpes is distinguished from
distribution per capita, which provides for distribution among all eligible tak-
ers equally, regardless of the levels of generations involved.
See PER CAPITA; PER STIRPES
INSTITUTE [L. instituo, instituere / to set up, put in place; establish]
To put in motion or begin. To start, as to institute an action or suit. To install
in a position or office. A collection of laws or principles. Also, an organiza-
tion devoted to educational functions or purposes.
IN STRICTO JURE
In strict law. By the letter of the law.
INSTRUCT [L. instruo, instruere / to build; to train, teach]
To impart knowledge to. To teach or educate. The act of a judge in advising a
jury concerning the rules of law controlling the evidence and its delibera-
tions. To explain an applicable rule of law to a jury. At the close of evidence,
the parties to a trial may submit written requests for instructions to the judge.
INSTRUMENT [L. instrumentum / equipment, tool, from instruo, instruere / to
build]
The means for producing or furthering an act or objective. A legal document,
such as a deed, mortgage, insurance policy, etc., fixing rights and obligations.
A negotiable instrument is a transferable note, check or draft containing an
unconditional promise to pay a specified sum to the holder of the instrument
or to his order, or to bearer, upon demand or at a definite time.
INSULAR [L. insula / island]
Relating to or characteristic of an island. Isolated, narrow-minded.
INSULAR COURTS
Federal courts created to deal with matters arising on or concerning the island
possessions of the United States; e.g., the Virgin Islands.
IN SUMMA [L. in + superus, superior, summus / at the highest level; greatest]
In sum. On the whole.
186
LATIN FOR LAWYERS
187
INTER ALIA [L. among other things]
Used when quoting only a portion of a statute or regulation, or a part of a
judge’s opinion, or a document or writing; e.g., “the statute provides inter
alia...”
INTER ALIOS
Among or between others (other persons).
INTER ARMA SILENT LEGES
In time of war, law falls silent.
INTERCEPT [L. inter / among + capio, capere / to take or seize]
To stop an action after it has begun. To seize an object which has been
launched or released, as to intercept a plane or a missile. To eavesdrop upon
or divert a communication directed to another recipient, as to intercept a tele-
phone call. It is a violation of federal law to intercept any “wire, oral, or elec-
tronic communication.” USCA § 2511.
INTER CONJUGES [L. inter + coniungo, coniungere / to join together]
Between husband and wife. Matters relating to a marriage.
INTERDICT [L. inter + dicere / to point out, to indicate, to say]
To forbid or prohibit. A decree or order asserting a prohibition. A decree of
censure by the Catholic Church withdrawing the sacraments and the right of
Christian burial.
INTEREST [L inter / between, among + sum, esse / to be]
The right to own, possess or share in something. A right or privilege recog-
nized and protected by the law. Interests are of all types and all degrees. A
beneficial interest is the right to enjoy the use and benefit of property. A con-
trolling interest is the ownership of sufficient stock in a corporation to control
decision-making. A future interest is an interest which will come into exist-
ence only at some future time or upon the happening of some event in the
future. An insurable interest is such an interest in a person or in property as to
guarantee that the holder of the interest would prefer the continued existence
of the person or property insured to recovery under an insurance policy. The
public interest consists of all those things which the general public needs to
secure its welfare. Interest is also a charge for the borrowing of money, usu-
ally computed at a percentage of the amount loaned. The income earned from
the investment of capital.
INTERFERENCE [L. inter / between among + ferio, ferire / to strike or hit]
The act of entering into or influencing the affairs and concerns of others. To
meddle, disturb or infringe upon. In patent law, an interference is a proceed-
188
LATIN FOR LAWYERS
189
INTER PARTES
190
LATIN FOR LAWYERS
191
IN TESTIMONIUM
192
LATIN FOR LAWYERS
intra vires for the president or chairman of a corporation; the sale of its goods
is intra vires for a corporation engaged in manufacturing.
See EXTRA VIRES: ULTRA VIRES
INTRINSIC [L. intrinsecus / inwards, inwardly (from inter + sequor, sequi / to
follow)]
Emanating from within a unit or body. Belonging to the very essence of a
thing. Originating and occurring entirely within. Intrinsic evidence is proof
contained entirely within a writing or document. Intrinsic fraud is deception
by a party during the trial of a matter, e.g., perjury, the introduction of false
documents, or the wilful failure to introduce relevant testimony. Intrinsic
value is inherent value without influence by outside factors.
See EXTRINSIC
INTRUDE, INTRUSION, INTRUSIVE [L. in / in + trudo, trudere / to push or
press; to thrust in; to force]
To thrust oneself upon another without invitation or permission. To enter
upon the property of another without license or permission. To encroach upon
a privilege or right. An intrusion is the act of wrongfully entering upon or
seizing the property of another. At common law, intrusion included the usur-
pation of a freehold estate before the rightful owner could take possession. A
trespass. An act is intrusive when it is committed without consent or permis-
sion of those affected.
INTUITI MATRIMONII [L. intueri, intuitus / to look at, contemplate + mat-
rimonium / matrimony]
In contemplation of marriage.
INTUITI MORTUS [L. intuere + mors, mortis / death]
In contemplation of death.
IN UTERO (MATRIS) [L. in + uterus / the womb (mater, matris / mother)]
In the uterus of the mother. The condition of an embryo before birth. An
unborn child.
IN VACUO [L. in + vacuare / to empty, make void]
Void, empty, in a vacuum.
INVADE [L. in + vado, vadere / to go, rush]
To enter with intent to conquer or occupy. To encroach or infringe upon. To
assault or attack. Also, to reach into and spend a fund of money for a purpose
not intended or authorized, as to invade the principal of a trust fund in a med-
ical emergency.
193
INVALID
194
LATIN FOR LAWYERS
195
INVOCATION
196
IPSO JURE [L. ipse + ius, iuris / law, right]
From the law itself; merely because of the law.
IRA FUROR BREVIS EST [L. ira / wrath, anger + furor / madness + brevis /
short (in time) + esse / to be]
Anger is a kind of brief insanity. Anger is a form of insanity.
IRA MOTUS [L. ira / anger + moto, motare, motus / motion, emotion]
Moved by anger. Responding to or acting in anger.
IRRATIONAL [L. in / not + ratio (calculation), rationalis (reasonable, ratio-
nal)]
Not possessing reason or understanding. Without mental clarity. Lacking the
power to reason or understand. Manifesting ignorance of facts necessary for a
sound decision. Arbitrary.
IRREPARABLE [L. in / not + reparo, reparare / to restore, renew, repair]
Incapable of repair. Impossible to make whole or undo. A party threatened
with irreparable injury to his property or to a vital interest may invoke the
remedy of a preliminary injunction. For these purposes, irreparable injury
means any harm which cannot be adequately compensated in money.
IRRESISTIBLE [L. in / not + resisto, resistere / to stand again; to oppose,
resist, withstand]
Impossible to avoid or resist. Inescapable. An irresistible force is an unfore-
seeable event external to the provisions of a contract which cannot be avoided
and which prevents a party from performing his obligations under the con-
tract. An irresistible impulse is an urge which overcomes all reason and
which is produced under mental disease or defect; in some jurisdictions, irre-
sistible urge is a basis for an insanity plea in a criminal action.
IRREVERSIBLE [L. in / not + reverto, revertere / to turn back]
Incapable of being reversed or undone. A course of action or a decision may
be irreversible.
IRREVOCABLE [L. in + revocare / to call back, to recall]
Incapable of being changed or reversed. Not capable of being reversed or
pulled back by one party. An irrevocable offer is an offer which cannot be
revoked. An irrevocable letter of credit is a commitment to pay which
remains outstanding until it is utilized by the beneficiary.
ISSUE [L. exeo, exire / to go out, go away]
To put forth or distribute, as a statement or a document. To proclaim, as a
declaration. To put into circulation, as currency. The first delivery of a secu-
197
ITA LEX SCRIPTA EST
198
LATIN FOR LAWYERS
Author’s note: In ancient Rome, the letter i served at the beginning of words
for the vowel sound i plus the consonants y and j . Later, the consonant j was
substituted for the initial letter i. We list here under j those Latin words or
phrases which, in their modern English form, begin with the letter j. In many
cases, the same words or phrases appear under the initial letter i as well.
199
JUDEX A QUO (JUDGE A QUO)
200
LATIN FOR LAWYERS
201
JUDGMENT OF CASSETUR BILLA
202
LATIN FOR LAWYERS
203
JURA AD PERSONAM
204
LATIN FOR LAWYERS
205
JURISDICTIONAL AMOUNT
JURISDICTIONAL AMOUNT
That amount which must be asserted by the plaintiff in a particular litigation
to invest the court with power to consider and try the litigation. The jurisdic-
tion of a court is often limited by the amount in controversy. Small claims
courts, for example, may not try cases in which the amount in controversy is
greater than a few thousand dollars. In the federal system, litigation between
citizens of different states (diversity jurisdiction) requires an amount in con-
troversy greater than a stipulated minimum (currently in excess of $75,000).
28 USCA § 1332.
JURISDICTIONAL STRIKE
A strike called by a union against the employer to protect the right of its
members to perform a particular job or function, in opposition to another
union which claims the same right for its members.
JURISDICTION IN PERSONAM
That power which a court must have over the person of an individual to
enable it to issue a judgment affecting his personal rights or liabilities, i.e., a
judgment in personam.
See IN PERSONAM
JURISDICTION IN REM
That power which a court must have over an object, thing or asset to enable it
to issue a judgment affecting the rights of all parties to possession or owner-
ship of that object.
JURIS DOCTOR (J.D.)
Degree awarded to graduates by most American law schools upon comple-
tion of formal legal studies. Before the 1960’s, the degree awarded was the
LL.B. (Bachelor of Laws).
JURIS ET DE JURE
Of law and of right. Legal presumptions which are deemed conclusive and
irrefutable.
JURISPRUDENCE [L. ius, iuris / right, law + prudentia / knowledge, wisdom,
knowledge of a subject]
The study of the law and its processes. The science or philosophy behind law
as a process. A system of laws. Also, study of a particular area of the law. The
history of court decisions.
JURIST [L. ius, iuris / right, law]
A scholar learned in the law. A judge.
206
LATIN FOR LAWYERS
207
JUS LEGITIMUM
208
LATIN FOR LAWYERS
209
KALENDAE
Author’s note: The letter k was a part of the Latin alphabet but was rarely
used to introduce a word. The letter c came to be used instead. Only a few
words need be listed.
210
LATIN FOR LAWYERS
211
LAPSE STATUTES
212
LATIN FOR LAWYERS
213
LEGAL
LEGAL [L. legalis / legal, from lex, legis / the law; a rule or law]
Concerning the law. Authorized by a law or rule. Created or established by a
statute or regulation. Arising under principles of the English common law as
opposed to the principles of the English courts of equity. Relating to the pro-
fession and practice of law by lawyers. Concerning the study of law, as in the
programs of continuing legal education required of practicing lawyers in
most states.
LEGAL FICTION
A fact assumed by the court regardless of its truth to enable it to reach a deci-
sion on the law. Contrived facts which may or may not be accurate but which
are cited and utilized by the court in reaching its conclusions on the law.
LEGALIBUS [L. legare / to leave as a legacy; ordain, appoint]
Any chattel or item of personal property which can be disposed of by will.
LEGALIZE
To make legal. To give lawful status to an act or condition which does not
conform to the laws. To validate an existing circumstance of questionable
legal status.
LEGATEE [L. legare / to leave in a will]
Any person who receives a gift of personal property under a will.
LEGATION [L. legare / to ordain, appoint; also, to leave in a will]
A person or persons sent by one country to another to act as its official repre-
sentatives; a diplomatic mission. Also, the official residence of the head of
the mission.
LEGEM ENIM CONTRACTUS DAT
The law of a contract is determined by the provisions of the contract.
LEGEM FACERE [L. lex, legem / law, laws + facere / to make, do]
To enact a law. To swear on oath.
LEGES HUMANAE NASCUNTUR, VIVUNT ET MORIUNTUR
The laws made by humans are born, live and then die.
LEGES SCRIPTAE [L. leges + scribo, scribere / to write]
The written law. Statutory law, as opposed to judge-made or common law.
See JUS COMMUNE; JUS SCRIPTUM
214
LATIN FOR LAWYERS
LEGISLATE [L. lex, legis / law, rule; lego, legare / to appoint, ordain,
bequeath]
To perform the functions of a body authorized to consider, debate and adopt
laws to govern the general public. To exercise the power to make and promul-
gate rules and regulations having the force of law. To enact enforceable laws
by the process of debate and exchange among representatives of the people,
as opposed to law made by courts and judges.
LEGISLATIVE IMMUNITY
Describes two immunities enjoyed by members of the U.S. Congress. The
first is the privilege from arrest during their attendance at sessions of Con-
gress, except for “Treason, Felony and Breach of the Peace.” The second is
their privilege “not [to] be questioned in any other place”… “for any Speech
or Debate in either House.” Art. 1, § 6, cl. 1. The latter privilege guarantees
their freedom to speak openly and without challenge on the floor, in commit-
tee, in their ballots, and in their writings and reports.
LEGISLATURE [L. lex (lego) / the law + lator / a bearer or proposer of laws]
A duly constituted body having the power to make laws for the body politic.
An elected or designated body with the authority to make laws for a govern-
mental unit such as a state or nation. Congress is the bicameral legislature of
the United States. The United States has a tripartite system of government of
which the Congress is one part. The judiciary and the executive branch form
the other two parts.
LEGITIMA POTESTAS [L. legitimus / lawful + potestas / power, control]
Lawful power.
LEGITIMATE (VERB) [L. legitimus / legal, lawful, legitimate]
To make lawful; to give legal status to. To give a child born out of wedlock
the same rights and standing as a child born to a couple who are lawfully
married.
LENITY [L. lenio, lenire / to make mild, to relieve or alleviate, as of pain; to
make more lenient]
Leniency, clemency. The lenity rule provides that if there is ambiguity in a
statute or rule defining punishment for a crime, the ambiguity should be
resolved in favor of the more lenient interpretation.
LETHAL [L. letalis / deadly, fatal]
Capable of causing death. Any device or instrument which can be used to
cause death is a lethal weapon.
215
LETTERS AD COLLIGENDUM BONA DEFUNCTI
216
LATIN FOR LAWYERS
LEX AMISSA [L. lex + amitto, amittere / to send away, deport, let go]
To be banished or outlawed. To be declared civilly dead.
LEX COMMISSORIA
The Roman law under which a pledge securing a debt was forfeited upon the
failure of a debtor to pay his debts in accordance with their terms.
LEX COMMUNIS [L. lex + communis / common, general]
The common law. The historical development of law through custom and
usage and through the decisions of the courts in England and in the other
English-speaking countries, including the United States. Case-derived law
and the law of custom and usage, as opposed to the law contained in constitu-
tions and statutes.
See JUS COMMUNE; JUS SCRIPTUM
LEX CONTRACTUS [L. lex + contrahere / to draw together, unite, narrow]
The law of the contract. The law which governs the contract, which can be
the law of the place where the contract was executed, or of the place where
the contract is to be performed, or of the place intended or designated by the
parties in their agreement.
LEX DILATIONES SEMPER EXHORRET
The law dislikes all delays.
LEX FORI [L. lex + forum, fori / market-place, public square, courthouse,
court]
The law of the court or forum; the law of the jurisdiction in which an action is
commenced or is pending. The lex fori will control all procedural and sub-
stantive matters required for decision except in those instances in which some
principle of conflicts resolution requires the court to look at the law of
another jurisdiction.
See LEX CONTRACTUS; LEX LOCI CONTRACTUS
LEX LOCI [L. lex + locus, loci / place, location]
The law of the place. Generally followed by a word or phrase which specifies
the place which is intended; e.g., lex loci contractus. If no word is added, the
assumption is that lex loci means lex loci contractus.
LEX LOCI ACTUS
The law of the place in which he acted.
LEX LOCI COMMISSI
The place where the act was committed.
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LEX LOCI CONTRACTUS
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LATIN FOR LAWYERS
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LIABILITY IN SOLIDO
LIABILITY IN SOLIDO
Joint and several liability. The liability imposed upon joint obligors to a con-
tract or upon joint tortfeasors, i.e., persons who have joined in causing harm
to the plaintiff through their negligence. Enables the plaintiff to sue and col-
lect in full from either or both the defendants; but plaintiff is not entitled to
recover more from both together than the total of her actual damages. Some
states have enacted legislation adjusting the liability among joint tort feasors
who are not responsible equally for the injuries to the plaintiff.
LIABILITY INSURANCE
A contract of insurance under which the insurer agrees to defend and indem-
nify the insured in a stated sum against claims for injury or loss to others
caused by the non-criminal acts of the insured. As part of its contract, the
insurer usually selects the attorney who will defend against the third party's
claims. Liability insurance does not cover losses by the insured himself; but
standard auto policies provide both liability insurance and coverage for prop-
erty damage to the vehicle of the insured.
LIABLE [L. ligare / to bind, tie together]
Obligated in law or equity. Answerable for. Obliged to respond or pay after
commission of a wrong or the assumption of a debt. Responsible for a contin-
gency or risk which is likely to occur, or for damages or a penalty.
LIBEL [L. libellus / a little book, a short declaration or memorandum]
A defamatory statement expressed in writing, printing, pictures, art, or signs.
Any statement that injures the reputation of another. Any accusation or attri-
bution in writing or art which holds a person up to ridicule or exposes him to
public contempt, shame or ridicule.
LIBELLANT/ LIBELLEE
The libellant is the plaintiff in an action for libel. Also, the plaintiff in a
divorce proceeding. The libellee is the defendant in either proceeding.
LIBEL PER QUOD
An ambiguous or imprecise statement which requires proof to render it defa-
matory or injurious to the reputation of another. A statement may not be libel-
lous on its face but may be shown to damage the reputation of a person by
virtue of the special circumstances or conditions under which it is uttered. A
statement may be so ambiguous as to be capable of two interpretations, one
libellous and the other not; only testimony and proof will establish whether a
libel has occurred.
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LATIN FOR LAWYERS
LIBEL PER SE
A statement is libellous per se if the words used are so clearly defamatory
that injury to an individual can be presumed as a matter of law. In the case of
libel per se, the plaintiff need not prove damage to his person or property. The
words used are so obviously harmful to his reputation that injury or damage
to him is presumed.
LIBER [L. liber / free, independent, without restraint]
Free; at liberty. The root for the words liberal and liberty.
LIBERATE [L. libero, liberare / to set free, liberate]
To set free. To release from restraint or custody. To remove from control or
dominion, as of one country or people by another.
LIBER ET LEGALIS HOMO
A free and lawful man.
See HOMO LIBER
LIBERTAS OMNIBUS REBUS FAVORABILIOR EST
Liberty is favored above all other things.
LIBERTY [L. liber / free; libertas / freedom]
Freedom from restraint or control by others in the pursuit of one's lawful
activities. Enjoyment equally with all others of the rights and privileges
accorded to a democratic society, free from all governmental restraints except
those required for the safety and welfare of its citizens. Freedom from physi-
cal or mental restraint. Possessing all the rights guaranteed to American citi-
zens under the U.S. Constitution, especially as expressed in the Bill of Rights
and Fourteenth and Fifteenth Amendments.
LICENSE [L. licet, licere / it is allowed or permitted]
A special right not enjoyed by everyone, usually after application to and
approval by some governmental body, as a driver’s license, a marriage
license, a liquor license. Other examples: a license to practice law or medi-
cine. Also, authorization by a person or business having a proprietary right,
such as a patent or trademark, to another, permitting the use of that right in
commerce.
LICENTIOUS [L. licentia / excessive freedom; the abuse of freedom, unre-
trained]
Excessive and arbitrary use of one's rights and privileges; ignoring the rights
of others. Disregarding sexual and moral restraints. Uninhibited. Lewd; las-
civious.
221
LICET CEPIT NON ASPORTAVIT
See LASCIVIOUS
LICET CEPIT NON ASPORTAVIT
He took it, but he did not carry it away.
LICIT [L. licet, licere / to be allowed; it is allowed or permitted]
Conforming to law. Lawful, proper.
LIEN [L. ligamen / a string, tie, covering, bandage]
A charge upon the property or assets of one person to secure to another the
payment of a debt or obligation. An interest conferred by the law upon one
person in the property of another. The right to retain or take possession of the
property of another to satisfy a debt, obligation or judgment. A security inter-
est in the property of another, created by mortgage or assignment, or by court
order or judgment.
LIMINE
See IN LIMINE
LIMITATION [L. limes, limitus / a path, especially a path forming a boundary;
a boundary line or limit]
A restriction or limit. A restraint; a condition imposed by the law. Any state-
ment in a legal document, e.g., a will or contract, limiting the duration of a
period of ownership or otherwise restricting the rights or obligations of the
parties. Also, a period of time imposed by law after which a particular type of
action or proceeding may no longer be commenced. The statutes limiting
these periods of time are called statutes of limitations. In a will or deed,
words limiting the duration of an estate are called words of limitation.
See STATUTE OF LIMITATIONS
LIMITED [L. limes, limitus / a boundary line or limit]
Restricted in scope, time or degree. Confined within prescribed bounds. Fol-
lowing the title of a business enterprise, the word (usually abbreviated as
“Ltd.”) indicates that the business is a corporation. A limited guaranty is a
guaranty confined to a particular transaction or liability. Limited liability is
the liability enjoyed by limited partners, i.e., liability restricted to the part-
ners' original investment. A limited partnership is a partnership with general
and limited partners; the general partners manage the business and are gener-
ally liable for its debts; the limited partners have limited liability. A limited
power of appointment is a power which the donee may exercise only in favor
of others than himself. Some courts have only limited jurisdiction, i.e., they
are authorized to deal only with a particular class of cases; e.g., the bank-
ruptcy courts, small claims' courts, probate courts, juvenile courts.
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LATIN FOR LAWYERS
223
LITE PENDENTE
224
LATIN FOR LAWYERS
225
LOCUS IN QUO
LOCUS IN QUO
Literally, the place in which or where. In pleadings, designates the place
where an action occurred or an offense was committed.
LOCUS PAENITENTIAE [L. locus + paenitere / to repent, be sorry]
The moment of regret or repentance. The point at which a person is still able
to change his mind before it is too late to avoid liability, as before committing
a wrongful act or crime.
LOCUS REI SITAE [L. locus + res / thing, object + situs / place, position]
The place where the thing is located. The location of the property at issue.
LOCUS SIGILLI (L. S.) [L. locus + sigilla / small ornaments or figures;
engraving cut into a ring]
The place for affixing a signature or seal; usually abbreviated “L.S.” Origi-
nally, a formal seal was used to indicate that a document had been executed.
In current use, a party’s signature is generally sufficient, but the designation
“L.S.” survives to indicate the place of execution.
LOCUS STANDI
The place where one stands. A litigant’s standing in court. The right to appear
and be heard before a body such as a court, a legislature, a committee, etc.
LONGA POSSESSIO JUS PARIT
Continuous possession ripens into right.
LUCID [L. lux / light, daylight]
In complete command of one’s faculties; sane, rational; clear, intelligible.
Used in lucid interval to indicate a period during which a person who may be
generally insane or deprived of mental capacity, has sufficient temporary
capacity and clarity of mind to act in a legally binding or consequentual way,
e.g., so as to execute a valid will or enter into a binding agreement.
LUCRATIVE [L. lucror, lucrari / to gain or profit; to win]
Affording gain or profit. Free of cost, charge or consideration.
LUCRI CAUSA [L. lucrari / to gain or profit + causa / reason for, motivation,
purpose]
Intent to profit or gain from a wrongful act; an element of the crime of lar-
ceny.
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LATIN FOR LAWYERS
227
MACHINATION
228
LATIN FOR LAWYERS
229
MALA PROHIBITA
MALA PROHIBITA
See MALUM PROHIBITUM
MALEFACTOR [L. malus + facere / to make or do]
An evil-doer. One who commits a crime or offense against the law.
MALEFICIUM [L. male / badly + facere / to make, do]
A wrongdoing, an evil deed. A crime or misdeed. Unprovoked mischief.
MALFEASANCE [L. male + facere]
An act or deed which is unlawful or improper. An act forbidden by law. An
excess assumption of authority by a public official in the performance of the
duties and function permitted by his office. The unlawful performance of an
act by a public official who is not authorized or entitled to perform the act at
all.
See MISFEASANCE; NONFEASANCE
MALICE (AFORETHOUGHT) [L. malitia / meanness, wickedness, spiteful-
ness]
As used in the law, the word has a wide variety of applications, all tending to
describe a state of mind which permits the intentional commission of wrong-
ful acts without legal excuse or justification. The state of mind necessary for
dangerous acts in deliberate disregard of the safety of others. The term malice
aforethought describes a criminal act which was intended or planned. The
word has application in the law of bankruptcy, libel and slander, etc.
See PREMEDITATE
MALICIOUS PROSECUTION
The commencement or maintenance of a criminal proceeding without ade-
quate foundation in proof, with the intent to cause injury to another; the mis-
use of his office by a prosecutor who brings unwarranted charges against a
defendant. Also, the misuse of the civil courts by instituting and maintaining
an unjustified action against another with intent to cause damage or injury to
him or his property.
MALITIA PRAECOGNITA [L. malitia / malice + prae / before, in front of +
congnoscere / to know, learn]
An act prompted by malice. Malice conceived and then acted on. Malice
aforethought. An action committed with evil intent and knowledge of the
consequences.
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LATIN FOR LAWYERS
MALO ANIMO [L malo / bad, evil + animus / the conscious mind, the spirit,
the source of feeling]
With an evil mind. With a bad purpose. Motivated by malice.
MALUM IN SE
Evil in itself; naturally evil. Acts or deeds which are evil or immoral in and of
themselves; acts which offend the human conscience, whether or not specifi-
cally forbidden by statute or regulation. A wrong judged by all to be evil in its
very essence. The unjustified killing of another is an act recognized by all
societies as malum in se.
MALUM NON PRAESUMITUR
Evil is not presumed.
MALUM PROHIBITUM [L. malus, malum / bad, evil + prohibere / to check,
restrain, forbid]
Wrong because prohibited or made unlawful by statute or rule. An act which
may not be criminal in and of itself but which is made criminal by legislation.
See MALUM IN SE
MANDAMUS [L. mando, mandare / to order, command]
An extraordinary writ or order issued from one court to another court, or to a
public official, or to a corporation or person, compelling performance of a
ministerial act that the law recognizes as an absolute duty. The writ is used to
correct abuses of judicial and administrative power and to compel action.
MANDATE [L. mandare / to command]
An order or command. An order issued by one court to an inferior court or to
a public official requiring the performance or discontinuance of some act or
deed. The order of an appellate court to a lower court advising it of the
court’s decision. Also, the authority to act for another, similar to a power of
an attorney. Also, loosely, the scope of authority of an elected official as
inferred from the public’s response to his platform or campaign rhetoric; e.g.,
“The President has a mandate to lobby for increased taxes.”
MANDATORY [L. mandare / to command]
Requiring performance, obedience or compliance. Describes a statutory pro-
vision, or a professional rule or code, which must be followed to the letter, as
opposed to a provision or rule which is discretionary or permissive. Manda-
tory provisions utilize the words “shall” or “must”. Non-mandatory (preca-
tory) provisions use such terms as “should” or “would.”
See PRECATORY
231
MANIFEST [L. manifestus / caught out, found, detected]
Clearly, plainly. Readily perceived and understood. Obvious. Self-evident.
Also, to show or display, as to manifest an interest or to manifest an intent.
Also, a ship's list of passengers or cargo. A mistrial will be declared in a
criminal trial under the doctrine of manifest necessity when it becomes
impossible for the court to proceed to a fair and equitable verdict. Circum-
stances invoking manifest necessity include the illness of an essential witness,
the death of counsel, an irremediable error in the indictment, etc. In these cir-
cumstances, the defendant may be retried and may not invoke the defense of
double jeopardy in the new trial.
MANIFESTO [L. manifestus / found, detected]
A written or published statement explaining the acts of the author or issuer. A
statement of policy by an organization, society or political party; e.g., the
Communist Manifesto. A formal declaration issued by a state or sovereign
announcing an important act or policy; e.g., a declaration of war.
MANIPULATE [L. manipulus / a small bundle or handful]
To control. To cause to deviate or change. In securities law, to control artifi-
cially the price of securities by a series of purchases and sales designed to
create an unwarranted sense of market action; the purpose is to raise or
depress the price of a security for quick gain. The practice is prohibited under
the Securities Exchange Act.
MANUAL [L. manus / hand; manualis / fitted to the hand]
Related to the hand. Work or activity done by hand without the aid of
machines. Also, a small book easily held in the hand, usually describing
some mechanical process or offering instruction on some technique or pro-
cess.
MANUCAPTIO [L. manus + capere / to seize, take hold of; to control]
Formerly, a writ issued to a sheriff directing him to seize and hold a prisoner
until sufficient surety was deposited with the sheriff.
MANU FORTI [L. manus + fortis / strong, powerful]
With force and violence. A forcible entry on the real property of another.
MANUMISSION [L. manus + mittere / to send, to let go, release]
The voluntary release or emancipation of a slave by his master.
MANUSCRIPT [L. manus + scribere / to write, inscribe by hand]
A document which is either hand- or type-written (also, now, one which is
produced on a word-processor), but before printing or publication. Also, the
original version of a writing submitted for publication.
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MARKETABILITY
234
LATIN FOR LAWYERS
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MEDIATE
236
LATIN FOR LAWYERS
MENS REA [L. mens / mind + reus / a litigant, defendant, a person accused]
A guilty mind; a criminal or wrongful purpose. An essential element of most
crimes. The mental state accompanying or inducing an unlawful act.
MENS TESTORIS IN TESTAMENTIS SPECTANDA EST
In interpreting wills, we should look at the intention of the testator.
MENTIRI EST CONTRA MENTEM IRE
To lie is to ignore one’s better thoughts or judgment.
MENTAL [L. mens, mentis / the mind, intellect, reason]
Relating to the mind, especially the human mind. Those aspects of a person's
health or condition which reflect the quality and state of his mind, as opposed
to his physical state. Mental anguish is aggravated mental suffering which the
law recognizes as a basis for increased damages in a tort action or in defining
a crime. Mental cruelty — the torment of one spouse by another — is recog-
nized in most states as a ground for divorce.
MERCANTILE [L mercor, mercari / to trade, buy and sell]
Having to do with trade and commerce. All matters relating to the buying and
selling of merchandise and goods.
MERCANTILE LAW
The codification of rules, laws and statutes controlling commerce. It is virtu-
ally synonymous with commercial law. Most commerce in the U.S. is now
controlled by the Uniform Commercial Code.
See LEX MERCATORIA
MERCHANT [L. mercator / merchant, trader, shopkeeper (from mercor, mer-
cari / to carry on trade)]
Any person who trades in goods, but especially a person who trades in a par-
ticular class or category of goods and has a specialized knowledge concern-
ing those goods. Also, any person who buys goods at wholesale prices and
offers them for resale at retail. Also, the operator of a retail business.
MERCHANTABLE [L. mercor, mercari / to trade, engage in commerce; to
buy and sell]
Describes goods which are fit to be used in the manner intended and which
conform to the facts or statements contained on the label. The term implies
that the goods conform to ordinary standards of care and that they have a
grade, quality and value equal to similar goods sold under similar circum-
stances. (See Uniform Commercial Code, § 2-314.)
237
MERGER
238
MINISTER [L. minister / a subordinate, an assistant, a house servant; also a
temple assistant, hence, a servant of the gods]
A person who acts for another to perform an assignment or task. A church
official. The representative of one nation to another. In many countries, the
head of a department of government. Also, to give aid or help to, as to the
sick.
MINISTERIAL [L. minister]
An act which is clearly defined and limited in scope and which permits little
deviation or discretion. A duty which is clearly circumscribed and involves
little skill. Strict obedience to rules or instructions given in advance of perfor-
mance.
MINOR [L. comparative form of parvus / little, small]
Literally, smaller, less than. A person who is younger than the age which
defines legal competence. In most states and for most purposes, this is the age
of 18.
MINORITY [L. minor]
The state of being younger than the age which establishes legal competence.
Also, the smaller in number of two parts of a whole. Less than a majority. In
politics, a group having insufficient votes to control the government by itself.
A part of the population having at least one identifiable characteristic which
sets it apart from the rest. A disadvantaged group. A minority stockholder is
one who owns fewer than enough shares to control the management of a
company, or the election of its directors. A minority opinion is an opinion
which represents less than half of the votes cast by an appellate court and
which states the reasons for disagreeing with the result and/or reasoning of
the majority.
MINOR JURARE NON POTEST [L. minor + iurare / to swear, take an oath
+ non / no + plus posse / to be able]
Literally, a minor is not able to take an oath.
MINUTE BOOK [L. minutus, from minuo, minuere / to make smaller]
A book which contains a perpetual record of meetings conducted by a social,
political or business organization. The official records of the proceedings,
meetings and transactions of committees, boards of directors, stockholders,
etc.
239
MISAPPLY
240
LATIN FOR LAWYERS
241
MITTIMUS
242
LATIN FOR LAWYERS
243
MORATUR IN LEGE
244
LATIN FOR LAWYERS
Constitution, the several charges will be consolidated by the court and tried
as one.
MUNICIPAL [L. municipium / a town in the Roman empire occupied by
Roman citizens]
Relating to an identifiable community of persons, especially a town or vil-
lage. A local governmental unit. Also, the affairs of a local governmental unit
distinguished from those of other units.
MUTUAL [L. mutuus / having interchangeable interests; reciprocal]
Belonging to two or more persons with similar or interchangeable interests.
Common to two or more parties. Shared for a common purpose, as in “parent
and school have a mutual interest in educating schoolchildren.” Also, a form
of insurance company the ownership of which resides in and is shared by the
policyholders. A mutual mistake is a mistake in a contract which is commit-
ted equally and shared by all the parties. Mutual wills are separate wills made
by two parties containing reciprocal provisions. A mutual savings bank is a
bank owned by its depositors.
MUTUALITY [L. mutuus / reciprocal]
Reciprocity. Equivalence of obligation or performance. Mutuality of contract
is the doctrine which requires reciprocity of obligation or performance by
both parties to the contract.
MUTUUM [L. mutuus / reciprocal]
At common law, a transaction for the loan, consumption and repayment-in-
kind of consumable goods. For example, a farmer might give his produce to a
consumer, in return for the delivery of like produce at a later date.
245
N.A.
N.A.
Abbreviation for not available, or not applicable. Also for non allocatur, it is
not allowed.
See NON ALLOCATUR
NARRATIO
A story, a tale or narrative. A legal declaration or complaint. The claims or
counts in a complaint.
NATI ET NASCITURI [L. nascor, nasci / to be born]
Those who are already born or in being and those who will be born.
NATION [L. nasci, natus / to be born]
A group of people with a common history and occupying a particular terri-
tory together. A group of people swearing allegiance to a common govern-
ment. A territorial division defined by fixed geographical boundaries. A
political entity recognized as self-governing by the international community,
with its own system of laws. Loosely, a group of people with a common his-
tory but who may have been dispersed into or across other nations; e.g., vari-
ous Indian nations in the United States.
NATIVE [L. natura / birth]
Born or raised in a particular place. Indigenous to. A person born within a
designated jurisdiction. Also, grown or originating in a defined area. A local
resident, as opposed to a visitor or transient.
NATURAL [L. natura (birth), naturalis / produced by birth, relating to nature]
According to the laws and conditions which exist in nature independently of
the intervention of man. Also, based on inherent principles of right and
wrong. Having a real or palpable existence as distinguished from matters of
the mind or spirit. Natural consequences are those results which would rea-
sonably and normally be anticipated from the occurrence of a particular
event. A natural father is a child’s biological father, not his adoptive father.
246
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247
NECESSARY & PROPER CLAUSE
ment is required to supply these basic things to its citizens. Many argue that
universal medical care has become a necessary of an enlightened society. The
Doctrine of Necessaries provides that one who sells necessaries to a child or
wife may charge the father/husband for their value. Under some exemption
statutes, the courts are required to determine as an issue of fact which neces-
saries shall be free of reach by creditors.
NECESSARY & PROPER CLAUSE
The last clause in Article I, Section 8 of the U.S. Constitution, following the
enumeration of the general powers of Congress. The clause empowers the
Congress, “To make all Laws which shall be necessary and proper for carry-
ing into execution the foregoing Powers and all Powers vested by this Consti-
tution in the Government of the United States, or in any Department or
Officer thereof.”
NECESSITAS CULPABILIS [L. necessitas / necessary + culpo, culpare / to
blame, find fault with]
Guilt which arises under circumstances beyond the actor’s control; e.g., a
killing in self-defense. The act itself is still a crime, but punishment is
excused by the surrounding facts.
NECESITAS INDUCIT PRIVILEGIUM
Necessity causes privilege. The legal principle which excuses acts which
would otherwise be deemed unlawful because of extenuating circumstances.
NECESITAS NON HABET LEGEM
Necessity knows or has no law.
NECESITAS PUBLICA MAJOR EST QUAM PRIVATA
Public necessity has priority over a private need.
NECESSITY [L. necessitas / necessity]
Anything needed or compelling. Pressure to perform a specific act. A com-
pulsion to act in response to an irresistible stimulus. Justifiable defense
against a threatened criminal act; at common law, an affirmative defense that
the defendant was compelled to commit an offense in order to avoid a harm
greater than the offense itself.
NE EXEAT [L. ne / (do) not + exeo, exire / to go out, to leave]
Literally, do not leave. A writ in a civil action forbidding a named party to
leave the jurisdiction while the matter was pending or until he gave adequate
security. Also, an order enjoining the removal of personal property from the
jurisdiction.
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LATIN FOR LAWYERS
NE EXEAT REPUBLICA
Another name for the ne exeat writ, meaning do not (let him) leave the coun-
try.
NEGATIVE COVENANT
A promise to refrain from the commission of an act or from using a particular
device. A covenant which restricts the normal activities of the party who
agrees to observe it. A provision in an employment agreement preventing the
employee from competing with the employer in a designated area and/or for a
designated period of time after his employment is terminated. The provision
must be reasonable or the courts will not enforce it.
NEGATIVE EASEMENT
An agreement under which the owner of a parcel of real estate covenants not
to do or perform an act involving the land which he would be free to do in the
absence of the agreement, e.g., not to build a wall or fence along the property
boundaries.
NEGLECT [L. neglegere / to neglect, omit, disregard]
Failure, omission or refusal to perform an act which one is under a duty to
perform. Also, the failure to perform an act in a manner which is customary
and reasonable under the circumstances. Failure to pay reasonable attention
to. To overlook, to leave undone or to do carelessly.
NEGLIGENCE [L. neglegere / to neglect]
Failure to exercise the standards of a reasonable person in the performance of
one’s actions or in the conduct of one’s affairs. Conduct which falls below the
standards for reasonableness applied by the courts in the performance of
one’s duties and obligations. Negligence may result from the failure to act
prudently in a given circumstance, as well as from the performance of an
imprudent act. The standard in determining whether a person has been negli-
gent is to measure his conduct against the conduct which would have been
applied by a reasonably prudent person under the same facts or circum-
stances.
NEGLIGENCE PER SE
Negligence in and of itself; instrinsic negligence. Negligence which will be
adjudged as such by any reasonable person. Conduct which is clearly unrea-
sonable or inprudent. Acts or omissions which violate a statute or ordinance
defining reasonable care in a specific circumstance.
See PER SE
249
NEGLIGENT HOMICIDE
NEGLIGENT HOMICIDE
Death of another caused without intent to kill, but as the result of an unlawful
act or of a lawful act performed in a careless way. To cause the death of
another by negligent or reckless operation of a motor vehicle or some other
instrumentality.
NEGOTIABLE [L. negotior, negotiari / to carry on or engage in business; to
act as a banker]
Characteristic of a commercial document or instrument the ownership of
which can be passed from one person to another either by delivery or by
endorsement. Usually applied to such instruments as checks, notes, bills of
lading, etc.
See NONNEGOTIABLE
NEGOTIABILITY [L. negotiari / to carry on business, to serve as a banker]
A measure of the ability of an instrument or of property to pass without
impediment from a transferor to a transferee. Ability by a transferee to
acquire title to property superior to that of his transferor or of third parties.
The ability to transfer instruments of title by endorsement or by delivery.
NEGOTIATE [L. negotior, negotiari / to engage in business]
To transfer an instrument or document by endorsement or delivery. To trans-
fer a negotiable instrument so as to constitute the transferee the holder
thereof. A non-negotiable instrument may not be negotiated. Also, to engage
in the steps necessary for agreement on a contract or other legal undertaking;
to exchange letters or notes or to engage in meetings and discussions prepara-
tory to execution of a binding legal document.
NEMINE CONTRADICENTE [L. nemine + contra / against + dicere / to say
or speak]
No one says anything to the contrary; no one dissents. The phrase is used to
indicate that a court’s decision was unanimous.
NEMINE DISSENTIENTE [L. nemine + dissentire / to disagree, to have a
different opinion]
No one disagrees. All concur. Also used to indicate a unanimous decision by
a court or deliberative body.
NEMO, NEMINE
No one, nobody.
NEMO BIS PUNITUR PRO UNO (EODEM) DELICTO
No one will be punished twice for one (the same) offense.
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LATIN FOR LAWYERS
251
NIENT CULPABLE
252
LATIN FOR LAWYERS
253
NOMINAL
254
LATIN FOR LAWYERS
See ASSUMPSIT
NON BIS IN IDEM [L. non + bis / twice, two ways + in + idem / the same
thing]
Not twice for the same thing. No man may be put in double jeopardy, i.e.,
tried twice for the same crime or act.
NON CEPIT [L. non + capio, capere / to take, to seize]
He did not take (it). The form of general-issue pleading in an action for
replevin, by which the defendant denied that he had taken the plaintiff’s prop-
erty. The plea put in issue both the fact of taking and the place of taking.
See REPLEVIN
NON COMPOS MENTIS [L. non + compos / having control over + mens,
mentis / the mind, reason, intellect]
Not having control over one’s mind or intellect; insane, irrational, delusional.
Mentally incompetent.
NONCONFORMING (USE)
Describes a building or parcel of land which exists or is used in violation of
the zoning rules or regulations controlling the area or municipality in which
the property is located.
NONCONTRIBUTORY [L. non / not + contribuo, contribuere / to bring
together, to contribute]
Not requiring participation or contribution. An employee benefit plan the
funds of which are paid entirely by the employer for the account of the
employee is called a non-contributory plan. After they are paid into the plan
by the employer, the funds are considered trust funds controlled by regula-
tions of the IRS.
NON CULPABILIS (NON CUL) [L. non + culpo, culpare / to blame, accuse]
I am not to be blamed; I am not guilty. The plea of not guilty.
NON DEMISIT
He did not demise. The plea entered by a defendant in an action for rent
claiming that he had not entered into a lease for the premises.
NON DETINET [L. non + detinere / to hold back, to detain]
The form of general-issue pleading by the defendant in an action of detinue.
Also, interposed in an action for replevin, provided the action was only on
account of a wrongful detention.
See DETINUE; REPLEVIN
255
NON EST FACTUM
NON EST FACTUM [L. non + sum, esse / to be + facere / to make, do]
Literally, it was not done (by me). A plea at common law by which the defen-
dant denied that the instrument sued upon was executed by him or that he
knew the nature of the instrument when he signed it.
NON EST INVENTUS [L. non + esse + invenire / to find, meet with]
The writ returned by a sheriff when he was unable to find the defendant
within his jurisdiction.
NONFEASANCE [L. non + facere / to do or make]
Failure through omission or neglect. Inaction where action is required. The
failure to perform an act or duty which is required of an agent or a public offi-
cial; neglect of duty. The distinction among nonfeasance, misfeasance and
malfeasance is subtle but important.
See MALFEASANCE; MISFEASANCE
NONNEGOTIABLE
Incapable of transfer solely by delivery or endorsement. Commercial paper
such as a check or note which does not satisfy the requirements for negotia-
tion by endorsement or by delivery to bearer in Article 3 of the Uniform
Commercial Code; the transferee of such paper does not become a holder in
due course.
See NEGOTIABLE
NON OBSTANTE [L. non / no + obsto, obstare / to oppose; notwithstanding]
A phrase used in documents to point up or emphasize a contradiction in text
or meaning.
NON OBSTANTE VEREDICTO (N. O. V.) [L. non obstante + verus / true,
truthful + dicere / to say]
Nothwithstanding the verdict. A judgment entered by the court in favor of
one party despite a jury verdict to the contrary. Under modern practice, the
judgment n.o.v. is available to either party. In the federal courts, the J.N.O.V.
has been replaced by the judgment as a matter of law.
See J.N.O.V.
NON POSSUMUS [L. non + possum, posse / to be able]
We are not able. We cannot.
NON PROSEQUITUR (NON PROS) [L. non + prosequi / to follow, to pur-
sue, to proceed]
Literally, he has not proceeded; he has not followed up. An application for
judgment dismissing the plaintiff’s action for his failure or neglect to take the
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LATIN FOR LAWYERS
necessary procedural steps within the time permitted by the court’s rules.
Sometimes used in the verb form: the suit was non pros’d.
See NOLLE PROSEQUI; NON VULT PROSEQUI
NON-RECOURSE [L. non / not + recurro, recurrere / to run back, hurry back]
A debt or obligation which may be collected or satisfied only out of desig-
nated collateral and not from the general assets of the debtor or from him per-
sonally. A non-recourse purchase-money mortgage, for example, limits the
mortgagee to an action of foreclosure of the mortgaged property without
recourse to the mortgagor personally. Also, a commercial instrument which
cannot be collected personally from prior endorsers or from the maker upon
dishonor.
NON SANAE MENTIS [L. non + sanus / sound, healthy + mens, mentis /
mind, reason, intellect]
Not of sound mind.
See NON COMPOS MENTIS
NON SEQUITUR (NON SEQ) [L. non + sequi / to follow]
Literally, it does not follow. An assumption or inference that does not follow
from a prior statement; a response that is not logical in the light of a state-
ment previously made.
NON SUI JURIS [L. non + suus / his own + iuru, iurare / to swear]
Not able to take an oath in his own right. Said of one who is under a legal
restraint and is therefore not able to act for himself. Anyone who is not
legally competent to manage his own affairs.
NONSUIT [L. non / not + sequor, sequi / to follow; to ensue]
The termination of a case by order of the court without disposition on the
merits. Usually, the order follows a failure of the plaintiff to prosecute the
case diligently or to establish a prima facie case. An order or judgment termi-
nating a case without prejudice to the commencement of a later action. Under
the Federal Rules of Civil Procedure, a nonsuit may be voluntary (the plain-
tiff withdraws his complaint) or involuntary (the court orders dismissal).
NON VULT CONTENDERE (NON VULT) [L. non + volo, velle, volui / to
want, wish + contendere / to strain, resist]
I do not want to contest it. Refers to a plea by a defendant in criminal action
under which he agrees not to enter a defense to the charge, but avoids a plea
of guilty. He will be punished as if he had pleaded guilty, but, unlike a plea of
guilty, the plea of non vult cannot be used against him in a civil action.
See NOLO CONTENDERE
257
NON VULT PROSEQUI
258
LATIN FOR LAWYERS
information imputed to the recipient who fails to act with care or diligence to
acquire knowledge which he has a duty to acquire.
NOTORIOUS [L. nosco, noscere / to get to know, become acquainted with]
Generally known, a matter of common knowledge. Openly displayed. Notori-
ous cohabitation describes two adult persons who live together without bene-
fit of marriage. Open and notorious possession, a requisite of adverse
possession, is possession of property which is so public and open as to be
deemed to come inescapably and inevitably to the attention and awareness of
the owner.
NOVATION [L. novare / to make new; to renew, revive]
The substitution of one party to an agreement for another; the original parties
agree that one will be released or discharged and another bound in his place.
Substitution of a new or revised agreement, debt, note or obligation, for an
existing one.
NOVUS ACTUS INTERVENIENS [L. novus / new + agere / to set in motion
+ intervenire / to come between, to intervene]
A new and intervening act. In tort law, an act or cause that comes into play
following the act constituting the defendant’s negligence and that contributes
to the damage or injury complained of by the plaintiff.
See INTERVENING CAUSE
NUDA POSSESSIO
Bare or naked possession.
NUDUM PACTUM [L. nudus / bare or naked + pactum / an agreement or pact]
A voluntary promise made without consideration, usually as an act of affec-
tion or good will.
NUDUM PACTUM EX QUO NON ORITUR ACTIO
No action arises from a bare promise.
NUGATORY [L. nugor, nugari / to trifle, to be futile or unimportant]
A futile or ineffectual act. Having no force. A statute which is unconstitu-
tional is said to be nugatory.
NUISANCE [L. nocere / to hurt, harm]
Harm or injury. Anything annoying, noxious or injurious. An act or deed, or a
continuing condition, which results in damage or inconvenience to another.
An activity conducted by one person in the use or maintenance of his prop-
erty which is detrimental or harmful to another person. Any action or condi-
259
NUISANCE PER SE
tion which endangers life or health and for which the law offers a remedy in
damages or by injunction.
NUISANCE PER SE
Any act, activity or occupation, or use or maintenance of property, which is
inherently and recognizably offensive or harmful to others and which is not
permissible or tolerable under any circumstances. A nuisance per se exists
whether or not it is the proximate cause of injury and whether or not it vio-
lates a specific statute.
NULL [L. nullus / no, no one, not any]
Of no legal effect; void, invalid.
NULLA BONA (N.B.) [L. nullus, nulla / no, not any, none + bona / goods,
possessions]
(I found) no goods or possessions. The writ returned to the court by a sheriff
who was unable to find any assets of the defendant with which to satisfy a
judgment or levy.
See N.B.
NULLIFY [L. nullus]
To make void, invalid or ineffective. To set up a barrier to the existence or
enforcement of a contract or statute. To make inoperable.
NULLITY [L. nullus / no, not any]
An act without legal consequence. An action which has no force or effect. For
example, a marriage between two persons who, by reason of their relation-
ship or their incapacity, are ineligible to marry, is a nullity and will be
declared null and void in a suit for nullity of marriage.
NULLUS FILIUS [L. nullus / no, not any + filius / son]
The son of no one. An illegitimate child.
NUNC PRO TUNC [L. nunc / now + tunc / at that time]
Literally, now for then. A device of the law which allows a present act, order
or decision to have retroactive effect. This permits correction of lapses or
delays in time caused by mistake or inadvertence. A nunc pro tunc entry in a
court record, for example, will correct the facts in an entry originally made
incorrectly. The federal rules permit the amendment of pleadings to conform
to the trial record and, also, the correction of clerical mistakes in verdicts,
judgments, etc.
See DECREE NUNC PRO TUNC
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261
OBEDENTIA EST LEGIS ESSENTIA
262
LATIN FOR LAWYERS
263
OBSTANTE
ual loss of economic value and utility of an asset, caused by factors other than
its own deterioration. Obsolescense has a different meaning than deprecia-
tion.
See DEPRECIATION
OBSTANTE [L. obstinare / to stand out, stand in the way (of)]
In opposition to; impeding.
See NON OBSTANTE VEREDICTO
OBSTRUCT [L. ob / in front of, in the way of + struere / to build, erect]
To block, hinder, impede. To obstruct navigation is to prevent vessels from
going where they have the normal right and ability to go. To obstruct justice
is to commit any act which impedes another from obtaining free access to the
courts or which impedes the conduct of their office by judges, prosecutors,
court officers or others involved in the administration of the legal system.
OBSTRUCTION OF JUSTICE
Interference with the process by which crime is investigated and prosecuted
or by which any litigation proceeds through the courts. Interference with the
police process or with the conduct of criminal litigation, especially by threat-
ening, influencing or tampering with witnesses or jurors, or by furnishing
false information to the police or prosecutors, or by wrongfully influencing
the court. Any act which impedes the parties in their conduct of an action or
which obstructs persons who have duties in connection with the courts. The
acts constituting the crime of obstruction of justice are defined in 18
U.S.C.A. §1501 et seq. One of the counts upon which President Clinton was
impeached in 1998 was the charge of obstruction of justice.
OCCUPANCY [L. occupare]
The act of possessing or having control or dominion over a thing or of a par-
cel of land. The use which is made of real property. The condition of being
completely filled or fully utilized, as in, this restaurant is limited to occu-
pancy by 75 persons.
OCCUPATION [L. occupo, occupare / to seize, take possession of in a hostile
way]
Possession to the exclusion of others. One’s vocation, trade or profession. An
activity which takes up one’s time to the exclusion of other activities.
OCCUPAVIT [L. occupare]
Literally, he took possession. A writ which was available for the recovery of
land which had been seized in war or battle.
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265
OFFER OF PROOF
OFFER OF PROOF
The act of a lawyer in presenting evidence or arguing for the admissibility of
evidence. During a trial, if the court has ruled that some question is improper
or some evidence is inadmissible, the attorney proposing the testimony or
evidence may “offer” a fuller description of the evidence he proposes to
introduce, plus an explanation of how that evidence is relevant to his case. By
so doing, he preserves his right to raise the same issues on appeal if the trial
judge rules against him. The offer of proof is almost always made outside the
presence of the jury.
OFFICE [L. officium / dutiful action; a sense of duty or loyalty; also, official
employment]
Any place where business is conducted. An assignment of work in the nature
of a duty. A position of authority or responsibilty, as in, she was appointed to
the office of comptroller. A function performed for a public or corporate pur-
pose.
OFFICER [L. officium / dutiful or respectful action or response]
A person holding a position of trust, responsibility or authority, especially in
corporations or institutions; officers are given such titles as president, secre-
tary or treasurer, each descriptive of a particular function. Also, anyone
employed to administer or enforce the law; a police officer. Also, in the
armed services, a rank which establishes a serviceman’s relative authority
over other troops.
OFFICINA JUSTITIAE [L. officina / a place of work, a factory + iustitia /
justice, fairness]
A place of justice. A court office. The name originally given to the English
Court of Chancery.
OLIGRAPH
See HOLOGRAPH
OMIT, OMISSION [L. omittere / to let go, give up; to leave out, disregard]
To fail to include; to leave out. An omission is the failure to perform, or the
neglect of, a duty which is imposed by law or by some pre-existing relation-
ship.
OMNIA PRAESUMUNTUR CONTRA SPOLIATOREM
The (court’s) presumptions are against anyone who tampers with testimony.
OMNIBUS [L. omnis / all, every, each, the whole]
Providing many things at one time; containing many things. An omnibus bill
is a legislative act incorporating many disparate subjects and purposes in one
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LATIN FOR LAWYERS
statute. The overall purpose is to prevent the executive department from veto-
ing some provisions to preserve others. An omnibus clause in an auto insur-
ance policy is a clause making the insured responsible for the acts of all
persons driving the car with his permission. An omnibus clause in a will is a
clause disposing of all property not specifically mentioned in other provi-
sions.
OMNIS EXCEPTIO EST IPSA QUOQUE REGULA
Every exception is a rule unto itself.
OMNIS REGULA SUAS PATITUR EXCEPTIONES
Every rule contains its own exceptions.
ONEROUS [L. onerosus / heavy, burdensome, troublesome]
Anything which imposes a burden. Describes a contract, lease or other docu-
ment, or a clause or provision in a document, in which the burdens or obliga-
tions imposed on one party unreasonably exceed the benefits to that party.
One-sided.
See ADHESION
ONOMASTIC [L. nomen / name]
Relating to a name or names. Signed or executed in a handwriting different
from the handwriting used for the text. A document subscribed by a person
other than the one who wrote it.
ONUS [L. load, weight, burden]
Burden. Burden of proof. Responsibility to come forward, proceed or per-
form. Unpleasant duty. Also, blame.
ONUS PROBANDI [L. onus + probare / to deem good, to approve, to recom-
mend]
Literally, the burden of proof. This is a highly complex concept which gov-
erns the balance of proof in civil and criminal trials. The burden is really two
burdens: the burden of production and the burden of persuasion. Under the
first, the party asserting a position must offer some evidence to support it.
Under the second, the party asserting a position must offer sufficient evidence
to satisfy a standard of proof defined by the rules of the court in particular
cases (preponderance of the evidence in civil cases; beyond a reasonable
doubt in criminal cases).
OPE CONSILII [L. ops, ope / the power to help (from the name for the god-
dess of plenty) + consulo, consulere / to reflect, consult, ask the advice
of, to advise]
With the help or advice of counsel.
267
OPERATION OF LAW
268
LATIN FOR LAWYERS
upon the other at the election of the latter. The privilege or right of one party,
supported by consideration, to insist, at his election, upon the right to buy or
sell an asset or commodity from or to another party. An offer which meets the
requirements for the formation of a contract and limits the offeror’s power to
revoke his offer. Restatement of Contracts, Second, § 25. In insurance law,
the right of an insured to select the method for payment of benefits accruing
under a policy. In the stock and commodities markets, options fall into sev-
eral categories: call options; futures options; put options; etc.
OPUS [L. opus, opera / work, labor]
A product of work or effort. A literary or musical work.
ORAL [L. os / the mouth; orare / to speak]
Uttered by the mouth; the spoken word, as distinguished from the written
word. An oral confession is an unwritten confession to commission of a
crime; it will be admitted as evidence only if it satisfies certain conditions.
An oral contract is an agreement which is either entirely or partly expressed
in and dependent upon the spoken word. The Statute of Frauds prevents the
enforcement of certain kinds of oral agreements unless they are evidenced by
a written memorandum signed by the party to be charged.
See PAROL; STATUTE OF FRAUDS
ORDAIN [L. ordino, ordinare / to put in order, to arrange]
To establish by statute, order or decree; to enact a law, to issue a decree. Also,
to appoint to an ecclesiastical order or office.
ORDER [L. ordo / a series in a row; a straight line; ordinare / to put in order,
arrange]
An established method incorporating a system of control or management. A
state of tranquility or obedience. A social or political condition based on
respect for law and authority (law and order). The announced requirements
of a superior authority. A ruling or command issued by a competent authority
or tribunal. Courts issue many different kinds of orders. Examples: a cease
and desist order, requiring the cessation of a specific act or conduct; an order
to show cause, requiring the person receiving the order to present a compel-
ling reason for the court not to take some designated action; a gag order, clos-
ing off any discussion by the parties affected of any facts or information
relating to a particular case. In the law of negotiable instruments, order is a
term of art defining the person(s) who are entitled to payment of an instru-
ment.
ORDER NISI
See NISI
269
ORDINANCE
270
LATIN FOR LAWYERS
271
PACIFIST
272
LATIN FOR LAWYERS
273
PARENS PATRIAE
PARENS PATRIAE [L. parens / parent + patria / fatherland, native land coun-
try]
Literally, parent of the country. The role of the state or central government as
sovereign guardian of persons who require special protection because of a
legal disability or infirmity. For example, the interest of the state in protecting
the rights of minors and the insane. In early England, the King had the pre-
rogative to step in to protect the rights of infants. In the U.S., the right to
intercede to protect others belongs to the states and is exercised by such state
officers as the Attorneys General. These officers will intercede in cases of
child abuse or in custody cases.
See PATER PATRIAE
PARENTELA [L. parens / parent, father, mother]
All those persons who share descent from a common ancester. The line of
descent from one ancestor by blood relatives.
PARES [L. par / equal to, like]
Persons of equal rank; equals, peers. A jury of peers to an accused.
PARI CAUSA [L. par / equal + causa / cause]
With equal right, upon equal terms. Also, in equal fault or guilt; equally cul-
pable.
See IN PARI CAUSA
PARI DELICTO
See DELICTUM, IN PARI DELICTO, PAR DELICTUM
PARI MATERIA
See IN PARI MATERIA
PARI PASSU [L. par / equal + passus / step, stride]
Equally, upon the same terms. In bankruptcy, creditors of the same class
share pari passu in the assets of the debtor. In contracts, provision may be
made to pay some parties pari passu, i.e., in equal shares from a common
fund.
PARITY [L. par, paris / equal, like, a match for]
The state of being equal or equivalent to something else. Equivalence
between the value of a commodity expressed in one currency and its value in
another currency. The measure at which one currency is exchanged in equiva-
lent value to another. The equivalence in value between a farmer’s current
produce and its purchasing power, measured by the relationship between the
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LATIN FOR LAWYERS
cost of goods in some arbitrary base period and the current cost of living; the
equivalence is maintained by government price supports.
PAROL [L. parabola / speech, parable, comparison (from the French parole]
By word of mouth; spoken, as opposed to written. Pertaining to matters aris-
ing from, but not contained within, a writing. An oral contract is a parol con-
tract. In the law of contracts, the parol evidence rule excludes or limits
evidence of matters, including evidence of prior negotiations or other docu-
ments, which are not contained within the confines of the written agreement
between the parties and which are offered to vary or contradict the terms of
the written agreement.
PAROLE [L. parabola / speech]
The conditional release of a prisoner before the end of his term, permitting
him to serve his original sentence in the general society so long as he main-
tains and observes the conditions of his release. The terms of parole vary
from state to state and are controlled both by the statute defining the original
crime and by a board appointed for the purpose of granting and enforcing
parole. The conditions of parole for federal prisoners are controlled by the
U.S. Parole Commission. Also, the promise by a released prisoner of war not
to take up arms again against the army releasing him.
PAROL EVIDENCE
See PAROL
PARRICIDE [L. parens or pater / father + caedere / to cut down, strike down]
The killing of a parent or close relative. Also, a person who murders his par-
ent or relative.
See PATRICIDE
PARS GRAVATA L. pars, partis / portion, role, party + gravare / to load upon,
burden]
The party with the burden; the aggrieved party.
PARS PRO TOTO [L. pars / part or portion + pro / for, on behalf of + totus /
the whole, all]
A part for the whole. Using a part to represent the whole.
PARS REA [L. pars + reus, rea / party in a law suit; the defendant]
The party who is answerable. The defendant in a law suit.
PARTIAL [L. pars, partis / a part, piece or portion]
Part of a whole; incomplete. Partial eviction is eviction of a tenant or occu-
pant from a portion of the entire premises. Partial incapacity is the inability
275
PARTICEPS CRIMINIS
to perform some but not all of the usual tasks of one's work or employment.
A partial loss is a loss of some of the value of property covered by insurance.
A partial verdict in a criminal trial is a verdict in which the jury finds only
some, but not all, of the defendants guilty, or a verdict in which the jury finds
a single defendant guilty on some charges, but not all.
PARTICEPS CRIMINIS [L. participare / to share with, to join with + crimi-
nari, to accuse, charge with]
A party to a crime. One who joins in the commission of a crime.
PARTISAN [L. pars / part or portion]
A person who favors one side of a controversy as opposed to the other. An
avowed supporter of one political party over another. In American politics,
issues are either partisan (in which case commitment to one’s party dictates
his opinion or vote) on non-partisan (in which case political differences are
set aside and there is an effort at political compromise). Also, a guerrilla
fighter in a civil war.
PARTITION [L. partio, partire / to distribute, divide]
The division into separate shares of a parcel of real property owned jointly, as
by joint tenants or tenants in common; also sometimes applied to the division
into shares of jointly owned personal property. Partition can be accomplished
by agreement or by a court decree. Upon a partition petition to the court by
one or all the owners of a parcel of real estate, the court will generally order
the property appraised and then sold at public auction; the net proceeds are
than distributed to the owners in accordance with their interests.
PARTNER [L. partio, partire / to share, distribute, divide]
Any one of two or more persons who share in the operation and conduct of an
enterprise, usually a business enterprise, and in the resulting income. A par-
ticipant in a partnership. A general partner is a partner who participates in
the management of a partnership and who has unlimited liability for its debts.
A limited partner is a partner who does not participate in management and
whose liability for firm debts is limited to the amount of his investment in the
firm. A dormant partner is a passive partner who takes no active part in the
firm. A silent partner is a partner whose interest in the firm is not made
known but who shares in its income. A senior partner is a general partner
who is part of a controlling management group whose members generally
receive more than an aliquot share of the firm's income. A junior partner is a
partner who does not participate in management and who receives less than
an aliquot share of the firm's income.
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277
PATERFAMILIAS
278
LATIN FOR LAWYERS
279
PENDENS, PENDENT
performance. The courts distinguish between penalty clauses and clauses for
liquidated damages. The former penalize the obligor in a fixed amount
regardless of the injury to the obligee; the latter are a best estimate by the par-
ties at the time of agreement of the damages which an obligee will actually
sustain upon default by the obligor. Penalty clauses are not usually enforced;
liquidated damages clauses are.
PENDENS, PENDENT [L. pendere, to hang down, to weigh upon]
Pending, during, while awaiting. Remaining open or undetermined. Unre-
solved.
PENDENTE LITE [L. pendere / to hang down + lis / a legal controvery or law
suit]
Suspended while the lawsuit lasts. Awaiting the outcome of the action. Pend-
ing the lawsuit. A matter pendente lite is contingent on the outcome of litiga-
tion. The appointment of a guardian pendente lite is an appointment which
lasts during, and terminates upon the end of, a law suit.
See LITE PENDENTE
PENDENT JURISDICTION
Authority in the federal courts, in actions involving a federal question, to hear
and determine state claims between the same parties. Prior to the Judicial
Improvement Act of 1990, pendent jurisdiction was the name given to the
right of a federal court with jurisdiction over a federal question claim
between two parties, to hear and adjudicate a state-created claim between the
same parties (though it would not have had jurisdiction over that claim with-
out the federal claim). The 1990 Act combined pendent jurisdiction with
ancillary jurisdiction to create what is now called supplemental jurisdiction.
PENITENTIARY [L. paeniteo, paenitere / to repent, regret, be sorry for]
A prison or place of confinement to which felons are consigned after convic-
tion and sentence.
PENOLOGY [L. poena / a penalty or punishment]
A branch of criminology dealing with the care and treatment of prisoners and
the administration of prisons.
PENSION [L. pensio (from pendere) / a weighing out, a reckoning; hence, a
payment, an accounting of sums due]
A payment or payments, generally periodic, by a government or business
enterprise in recognition of an employee’s past services. Deferred compensa-
tion for past services as distinguised from wages or salary for current ser-
vices. A plan under which employees are provided with a systematic scheme
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PER DIEM
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PER QUOD
PER QUOD [L. per + quod / whereas, and, for the reason that, to the extent
that, through which]
Generally, whereas, and therefore, the point is. In tort actions at common law,
this phrase referred to allegations of special damages resulting from the
defendant’s acts, as opposed to damages per se, i.e., damages ordinarily
resulting from such acts. In the law of defamation, the phrase is still used to
distinguish between allegations of special damage proved by extrinsic cir-
cumstances (per quod) and allegations of damages which are actionable in
themselves (per se).
See DEFAMATION PER QUOD; DEFAMATION PER SE
PER SE [L. per + se / himself, herself, itself, themselves]
Through itself; by means of itself. In and of itself, intrinsically; inherently.
Established without extrinsic proof. Inherent in the act itself. A per se viola-
tion in antitrust law is an act so clearly inimical to competition and fair trade
as to require no further inquiry by the court into whether it has actually
resulted in injury to the public. In tort law, an action which clearly violates
the terms of a statute or rule may constitute negligence per se, whether or not
there is any other evidence of fault by the defendant.
See PER QUOD for the distinction between per quod and per se in defama-
tion actions.
PERSECUTE, PERSECUTION [L. per / through + sequor, sequi / to follow]
To attack or harass. To engage in systematic and continuous acts of aggres-
sion against. Selective and severe punishment or ostracism solely on the basis
of some arbitrary status, such as race, religion, color or political opinion. An
organized campaign by one group to isolate and punish another.
PERSON [L. persona / a mask worn by actors; role, character, personality, per-
son]
A human being. The body of a human being. Any entity, both human and cor-
porate, recognized by law as entitled to the rights and privileges reserved for
individuals.
PERSONA DESIGNATA [L. persona + designare / to plan, point out, signify]
A person picked or designated for his own merits or qualities from a group of
eligible persons. A judge or arbitrator chosen by the parties to resolve or
decide an issue is a persona designata.
PERSONAL [L. persona]
Of or pertaining to a person. Personal Property is all property except real
estate and items attached to real estate (growing crops are real estate). Per-
sonal injuries are injuries suffered by a single human being. Personal juris-
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PETITION
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exchange for a lighter sentence than might have been imposed on the original
charge after a verdict of guilty.
PLEADING [L. placere]
The formal statement or declaration submitted by a party in litigation con-
taining his claims, allegations, denials or defenses. All the documents
exchanged by the parties to define the issues between them. Examples of
pleadings: the plaintiff’s complaint; the defendant’s answer or cross-com-
plaint; and the plaintiff’s reply.
PLEBISCITE [L. plebs / the people, the common people + scisco, sciscere / to
investigate, inquire, find out]
The process by which the voters themselves decide a political issue, instead
of delegating the decision to their elected representatives. A plebiscite differs
from a referendum in that a plebiscite usually refers to a popular vote on such
fundamental issues as nationhood, annexation, separation, or the adoption of
a constitution, whereas a referendum refers to a popular vote on a particular
law or statute. Many states, especially California and Oregon, now decide
basic political issues through referanda instead of by action of the legislature.
See REFERENDUM
PLENA AETAS [L. plenus / full, filled, pregnant + aetas / age, time of life]
Of full age. The age of majority.
PLENARY [L. plenus / full]
Complete in all respects. An event, meeting, session or gathering which is
attended by all who are entitled to attend. A plenary hearing is a proceeding
to try and determine all the issues between the parties. A plenary confession
is a full, complete and conclusive admission of responsibility for the crimes
charged or alleged. Plenary powers are all the powers needed to carry out a
task or assignment. A plenary session of the U.N. is a meeting of delegates
from all member nations.
PLENE ADMINISTRAVIT
The plea by an executor or administrator of an estate in an action against him
for a debt of his decedent, alleging that he has completed the administration
of the estate and has no further responsibility.
PLURALITY [L. multus, plus, plurimus / much, many]
That number in a group which is greater than any other in the group, but not
more than half. More than any other but less than a majority. A candidate in
an election with more than two candidates can win by a plurality. A plurality
opinion is an appellate opinion which becomes the opinion of the court
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POLICY
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POSTHUMOUS
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291
PRECEDENT
etc. Ordinarily, precatory words are considered ineffective to control the dis-
position of property. Some courts, however, will recognize trusts in which the
language is precatory but the intent to create a trust is clear: “It is my final
wish that...” These are called precatory trusts.
See PEREMPTORY
PRECEDENT [L. prae + cedere / to go, proceed, to happen]
Something which comes before. Prior in time or incidence. A model. A con-
vention, rule or example which is intended to guide or control thought or
action in the future. In the law, a precedent is a decision of a court which
serves as an example or authority for subsequent decisions by other courts in
cases which have the same or similar facts and which logically require appli-
cation of the same principles of law. All prior cases which arose under essen-
tially the same facts and the same legal issues are deemed and considered as
precedents. Precedents of a superior court in the same state are deemed bind-
ing precedents which must be followed by the lower courts. Precedents of
courts in other jurisdictions are persuasive but not binding.
See STARE DECISIS
PRECEPT [L. prae + capio, capere / to take, seize]
A rule of conduct. A code or statement of principles. A court order, writ, war-
rant or other judicial process. A court order directing an official to perform
some act in support of the court’s decision, such as an order to find and pro-
duce a person. A rule of law or a code of moral conduct, such as the ABA
Model Rules of Professional Responsibility, a code intended to govern the
conduct of lawyers.
PRECLUDE, PRECLUSION [L. prae + claudere / to close, shut]
To make impossible; rule out or prevent in advance, e.g., to preclude mar-
riage between persons in a close degree of relationship. An order enjoining a
party from some action is, in effect, an order of preclusion. In discovery pro-
ceedings, if a party fails to comply with a discovery order, he will be pre-
cluded from offering evidence which contradicts evidence offered by his
opponent on the issues covered in the order. A party may be precluded from
bringing an action because of res judicata or the application of a statute of
limitations.
PREDATORY [L. praedor, praedari / to plunder, pillage]
Given to plundering or taking the property of others. Engaging in commercial
practices designed to injure competitors unfairly. In antitrust law, the practice
of fixing prices without regard to cost or profits (at a loss, if necessary) in
order to eliminate competition. The intent is to recoup the temporary losses
by raising prices again after the competitor is eliminated.
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PREJUDICIAL
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PRESCRIPTION
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died intestate, unless it can be shown that the omission was deliberate and
intentional.
PRETEXTUAL ARREST
The arrest of a person on minor or superficial grounds with the real intent of
investigating a more serious crime of which he is suspected but for which
there are insufficient lawful grounds for arrest.
PREVENTIVE DETENTION [L. prae / before + venio, venire / to come +
detineo, detinere / to hold back, detain]
Confinement of a criminal defendant before and during trial to prevent his
escape or to protect the public and/or the court from acts or threats of vio-
lence by him. Preventive detention is now used often in cases of terrorism.
PRIMAE IMPRESSIONIS [L. prior, prius, primus / first, former + imprimo,
imprimere / to press into or upon]
Of first or new impression. Previously undecided. Without precedent. A mat-
ter or issue not previously presented to the court.
PRIMA FACIE [L. primus / first + facies / face, form, figure; at first view, on
its face]
On first appearance. A fact presumed to be true in the absence of a showing
to the contrary.
PRIMA FACIE CASE
The presentation by one party to an action of proof and evidence sufficient to
satisfy the legal requirements for a judgment in his favor. Sufficient proof by
the plaintiff to warrant submission of his evidence to the jury and the rendi-
tion of a verdict in his favor.
PRIMA FACIE EVIDENCE
Evidence sufficient to survive a motion for dismissal or directed verdict and
to require the opposing party to proceed with his proof.
PRIMARY [L. prior, prius, primus / first in order of time or of importance;
first in rank]
Belonging to the first rank or order in progressive allocation of rights or inter-
ests. In the law, the word is used in many contexts to indicate that something
precedes or has greater impact than something else. Examples: a primary
beneficiary under a life insurance policy is the one who will be first entitled
to the proceeds in the event of the insured’s death. A primary boycott is the
job action taken by a union against an employer with which it has a grievance
to discourage the public from purchasing the goods or services of the
employer. Primary jurisdiction is the statutory power given to certain admin-
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PRIME
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PRIOR [L. prior, prius, primus / before, in advance of; the former]
Coming before; preceding. Used as an adjective before other words, prior has
a special meaning for lawyers. Examples: A prior adjudication is a previous
litigation in which the matter in dispute between the parties was, or could
have been, determined. A prior adjudication on the merits will bar a subse-
quent action between the same parties on the same issues, under the princi-
ples of res judicata. In patent law, prior art is any relevant knowledge, data,
description or patent which predated the invention at issue and therefore
operates to support rejection of the invention by the Patent Office or by a
court. A prior restraint is any action taken by a government official or by
statute to control the contents or text of any expression before its publication.
Any effort to control the dissemination of information protected by the First
Amendment of the Constitution is a prior restraint if it is imposed before a
judicial hearing to determine whether it qualifies for First Amendment pro-
tection. New York Times Co. v. United States, 403 U.S. 713. A prior statement
is a statement made by a witness out of court prior to his testimony in an
action. Prior statements may be either consistent with the subsequent testi-
mony or inconsistent with it.
See RES JUDICATA
PRIOR RESTRAINT
Any action by the government to prevent speech in advance of its utterance or
expression, or a writing before its publication. Prior restraints are considered
the most serious violations of the right of free speech guaranteed by the Con-
stitution. Any system of prior restraint is presumed to violate the Constituti-
tion and imposes a heavy burden upon the government to show justification.
New York Times v. U.S., 403 U.S. 713.
PRIOR TEMPORE, POTIOR IURE (JURE)
First in time, first in right.
PRIVACY [L. privus / single, every]
The state of being alone or separate from others. Freedom from intrusion by
others. The right to retain control over one’s person and affairs without intru-
sion by others, especially by government. The right of a woman to an abor-
tion has been cited as a critical element of her right to privacy. Roe v. Wade.
PRIVATE [L. privare, privatus / to free from; to make private]
Reserved to a particular person or group or class of persons. Not available to
or accessible by the public. Independent of the state or government or of soci-
ety in general, as a private club or a private school. Unknown to and
restricted from others, as a private matter. A private is the lowest-ranked sol-
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PRIVATIZE
dier in the U.S. military. To go private describes the process by which a cor-
poration buys back and retires its publicly held stock.
PRIVATIZE [L. privo, privare / to strip from, deprive of]
To make private; to convert to private use. The act by government of convert-
ing an enterprise from public ownership to private ownership, usually by the
sale of stock to the public. Some utilities have been privatized.
PRIVILEGE [L. privatus / private + lex, legis / the law]
A special and peculiar right, status or condition reserved for or granted to
some and not to others. An advantage, power or immunity which is unique to
an individual or a group or class of individuals. An exemption from liability
because of special circumstances, as in justifiable homicide. The law has cre-
ated and recognizes many privileges. Examples: The attorney-client privilege
is a rule of evidence which prevents a lawyer from revealing communications
made to him by his client in confidence during the course of his representa-
tion; only the client can waive the privilege. Executive privilege is a privilege
unique to the President of the United States and enables him to withhold his
communications from Congress and others; the privilege is a qualified, not
absolute, privilege. In the law of defamation, a writer or publisher enjoys the
privilege of fair comment with respect to public officers in matters of public
concern, provided the material published is not published with malice, i.e.,
with knowledge that the material is false, or with reckless disregard whether
it is true or false. One privilege which is enjoyed by all is the privilege
against self incrimination granted by the Fifth Amendment to the Constitu-
tion.
PRIVILEGES AND IMMUNITIES CLAUSE
The name applied to the clause in Article IV of the U.S. Comstitution which
states that citizens of each state shall be entitled to all the privileges and
immunities of citizens in the other states. Also, a clause in Amendment XIV
to the Constitution which provides that no state shall make or enforce any law
that abridges the privileges and immunities of citizens of the U.S.
PRIVITY [L. privatus / private, for private use]
The relationship between the two original parties to a contract or agreement
or to another legal relationship. Originally, only the two original parties were
deemed to have privity in suits involving liability for negligence or breach of
warranty. The right to sue on products liability claims has now been extended
to members of the family of an original party and even to strangers to the
contract. Also, the relationship between two individuals which arises because
they succeed one another to a right or privilege or to some asset, e.g., a con-
tract or bond, or because there is such a mutuality of interest between them
that the rights and liabilities of one extend to the other. Examples of privity:
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the assignor under a contract and his assignee; a testator and his executor; a
principal and his agent; a donor and his donee.
PRO
Before, in front of; for, on the side of; in behalf of; in favor of; according to;
in proportion to or as.
PROBABLE CAUSE
A reasonable belief by a prudent person that some act or event has occurred
in a particular way or can be explained in a particular way. A reasonable basis
for belief in certain facts or circumstances. Greater evidence for one possibil-
ity than for another. In a criminal case, a reasonable belief in facts which sup-
port the conclusion that the defendant has committed the acts charged. Under
the U.S. Constitution, probable cause is required for the issuance of any War-
rant. Amendment IV. Probable cause supplies sufficient grounds for an
administrative search of premises, provided the search is conducted under
reasonable procedures universally applied.
PROBATA [L. probo, probare / to find good; to judge; to test and approve; to
recommend]
Anything conclusively established. Conclusive proof.
PROBATE [L. probare / to recommend, to test and approve]
The procedure by which a will is submitted and proven before the court; by
extension, the process by which a will is declared valid and the estate is
administered by the executor. In the administration of an estate, the collection
of assets and interests; the payment of debts and taxes; and the distribution of
remaining assets as directed by the will or as determined by the court. The
court with jurisdiction over the administration of estates can have one of sev-
eral names: probate court, orphans’ court, surrogate’s court, etc.
PROBATION [L. probare / to approve, to find good; to test]
A trial period; a test. The period immediately after employment begins dur-
ing which a new hire is tested to see if she can perform the duties expected of
her. In certain jobs, such as teaching, a period of probation is customary
before the employee is given permanent, or tenured, employment. Also, the
steps by which a convicted criminal is released from prison to the general
community, under the supervision of an officer known as a probation officer,
and is given an opportunity to prove that he can function as a law-abiding cit-
izen.
PROBATIVE [L. probare / to approve, prove, test]
Serving or tending to prove; substantiating. In the law of evidence, testimony
or other proof which points to the truth. Anything which serves to help the
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PROCTOR
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PROHIBITION
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nine states). Intangible property is property which has no physical form but
which is manifested in some document or certficate and which has a value in
currency which is either expressed in the document or accorded to it by the
market or some other measure of value. Intellectual property is all property
created by the human mind or intellect, e.g., an idea, copyright, patent, for-
mula, trademark, invention, etc. Personal property is all moveable property,
not including growing crops. Real property consists of all interests in land,
buildings and crops and in fixtures attached to the land or buildings.
PROPINQUI ET CONSANGUINEI [L. propinqus / nearby + et / and + con-
sanguineus / related by blood]
The nearest of kin to a decedent; next of kin.
PROPONENT [L. pro + pono, ponere / to lay down, put, place]
A person who advocates a cause or issue or who argues in favor of an idea or
proposition. The proponent of a will is the person who offers the will for pro-
bate.
PROPOSE, PROPOSAL [L. proponere / to put forth, expose; to publish; to
propose]
To suggest for consideration by others. To offer an idea for debate or discus-
sion. To introduce legislation or a plan of action. To make an offer of mar-
riage.
PROPRIA PERSONA (PRO PERSONA) [L. propria, proprius / one’s own,
for oneself + persona / mask, role, character, person]
In one’s own behalf. A person appears in an action propria persona when he
prepares his own papers, argues his own motion or tries his own case, without
benefit of an attorney.
See IN PROPRIA PERSONA; PRO SE
PROPRIETARY [L. proprius, proprietas / property, ownership]
Describes anything owned, used, traded or marketed under an exclusive legal
right, e.g., an inventor’s right over his invention. Anything privately owned
and managed. A proprietary drug is a medication over which one pharma-
ceutical company has exclusive rights. A proprietary lease defines the rela-
tionship between a co-op residential association and its tenant-shareholders.
A proprietary function is a function of a local government which is discre-
tionary and not mandatory: example: a city-owned opera house or theatre is
discretionary and therefore proprietary; police protection is mandatory and
not proprietary. Also, anything which is the private property of an individual.
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PROPTER AFFECTUM
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PROSEQUI
To prosecute.
See NOLLE PROSEQUI (NOL PROS)
PROSPECTIVE [L. pro + specio, specere / to look at, to behold; to look
ahead]
Relating to the future; likely to happen; anticipated. Prospective damages are
damages awarded to compensate a plaintiff for the future consequences of
defendant’s acts. A prospective law or statute is one which has application
only to future events or circumstances and has no retroactive effect.
PROSPECTUS [L. prospecere / to look ahead]
Any statement, circular, brochure or other written document, or the text of a
radio or TV broadcast, which offers the sale of a stock, bond, debenture, war-
rant or other security. The document must contain all essential facts about the
issuer, usually a corporation, including its management and operations, in
order to permit a potential purchaser to make an informed decision about the
offer. The contents of a prospectus which contains a public offering are con-
trolled by federal securities laws and regulations. A copy must be filed with
the Securities and Exchange Commission.
PRO TANTO [L. pro + plus tantus / so much, to such extent; that’s as far as it
goes; so much and no more]
Used to indicate that only a part of an obligation has been satisfied, or that
only part of an event has occurred. Examples: if a testator pays a part of a
bequest to a beneficiary before death, he may intend a pro tanto ademption. If
a defendant has performed only part of his obligations, the plaintiff may
recover pro tanto. A municipality may make a pro tanto payment to a land-
owner in an eminent domain proceeding while the landowner pursues her
claim for a larger amount.
See ADEMPTION
PROTECT, PROTECTION, PROTECTIVE [L. pro + tegere / to cover, to
conceal (protegere / to cover over)]
To keep from harm or injury. The act of helping or supporting someone who
is weaker or less able. In international law, protection is the support given by
a state or nation to its manufacturers and exporters through such devices as
subsidies, price supports and protective tariffs to enable them to overcome
competition from other countries. Also, money or other benefits demanded or
extorted from merchants by racketeers posing as guarantors of nonviolence or
interference by others. A protection order is issued by a court in domestic
violence cases or in cases involving spousal or child abuse to prevent access
or contact by the defendant with the party requiring protection. Protective
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PRURIENT
In the law of torts, negligence is usually defined as an act which would not
have been committed by a reasonable person with ordinary prudence. The
prudent man rule is a rule imposed by all jurisdictions on fiduciaries such as
trustees or administrtators. In general, it requires that the fiduciary invest
funds entrusted to his care in the manner of “prudent men with discretion and
intelligence.” In some states, the list of permitted investments is prescribed
by statute or regulation.
PRURIENT [L. prurio, prurire / to itch or crave]
An unwholesome interest or desire, especially a sexual desire. An obsessive
interest in sex. The word is often used in criminal codes or statutes to define
material which is obscene and therefore objectionable.
PUBERTY [L. pubertas / the age of maturity]
The onset or arrival of sexual maturity, characterized by maturation of the
genital organs and the development of secondary sexual characteristics, such
as pubic hair. The age at which such maturity occurs.
PUBLIC [L. publicus (poplicus) / belonging to the people; in the name of the
people; at the expense of all citizens]
The people as a whole; all the people. The entire body of citizens of a state or
nation. The people or community at large. The government and its interests.
Known or recognized by the majority of citizens. Relating to the interests of
the community at large. The word modifies many nouns and generally con-
veys a sense of universal application, effect or interest. Examples: public
domain; public defender; public figure; public interest; public housing; pub-
lic policy; public auction; public health; public enemy; public nuisance; pub-
lic school; public service; public works; public welfare. To go public
describes the act of a corporation in offering its stock or other securities for
purchase by the public instead of confining ownership to the original inves-
tors. When the stock is issued, it becomes publicly traded.
PUBLICI JURIS [L. publicus + ius, iuris / right or law]
A right or privilege available to all; a public or common right. The rights to
light, air and water are all publici juris.
PUBLISH [L. publicare / to take for public use; to throw open; make public,
publish]
To make known generally. To expose to the public. To disseminate an idea or
opinion. To manufacture and distribute books, papers, magazines, scripts,
documents, printed music, lyrics, and other expressions of ideas or thought.
In actions for defamation, to issue a defamatory statement about the com-
plainant to a third party. To declare openly, as to publish a will.
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313
QUA
QUA
Whereby, by which route or means. Also, in which way. Also, in the nature
of.
QUAELIBET JURISDICTIO CANCELLOS SUOS HABET
No jurisdiction can exceed its limits.
QUAERE [L. quaero, quaerere / to seek, to want to know, to inquire]
An inquiry, a question, the search for an answer. In a legal article or text, the
use of this word indicates that the writer is introducing an inquiry into some
issue or question. Example: “Quaere: What do we mean by the term proxi-
mate cause?”
QUAERENS NIHIL CAPIAT PER BILLAM
Let the plaintiff recover nothing by his complaint.
QUAESTIO FACTI
A question of fact.
QUAESTIO JURIS
A question of law.
QUALIFICATION [L. qualis / of what sort or kind; having some quality]
A prerequisite or condition. A defined skill, as for a job or office. A limit or
boundary.
QUALIFIED, QUALIFY [L. qualis / what kind of, what sort of]
To make less general and more specific. To describe a thing by its essential
attributes. To meet a required standard, as for a job or office. To acquire the
right to exercise a special power or license, as to qualify to practice a medical
specialty. In the law, the word often conveys the sense of limitation or restric-
tion. Examples: A qualified stock option is a right given to an employee to
purchase shares of a corporation under terms that qualify for special treat-
ment under the Internal Revenue Code. A qualified voter is a citizen who has
satisfied all the requirements for voting. A qualified acceptance in the law of
contracts is an acceptance of an offer which changes or modifies the terms of
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315
QUARE CLAUSUM FREGIT
QUARE CLAUSUM FREGIT [L. quare / why, for what reason + claudo,
claudere / to shut, close + frango, frangere / to break, shatter]
Literally, why did he break (into) the closed area? Why did he violate the
enclosure? An early form of common law trespass for wrongful entry upon
another’s land.
QUASH [L. cassus / empty, void, hollow]
To make void, to rescind, annul, vacate or abrogate. To set aside. The court
may quash an indictment or a subpoena.
QUASI [L. quasi / as if, just as, almost as, sort of, approximating, so to speak;
about, nearly, almost, like]
In the law, quasi is used before other words to suggest that those words are
limited and qualified in some respect. The resulting phrase conveys the sense
of approximate but inexact similarity. Examples: A quasi admission is an
admission which is implied from prior inconsistent statements made by a wit-
ness, including statements made extra-judicially. A quasi-judicial proceeding
is one which has all the elements of a trial — submission of evidence, trying
the facts, applying the law, etc., — but is conducted by an administrative
agency or officer and not by a court. A quasi in rem claim is one in which the
plaintiff seeks to recover damages against a party who is unreachable for per-
sonal jurisdiction, by attaching some of his property.
See QUASI IN REM
QUASI CRIMINAL
A proceeding which is sufficiently similar to a criminal trial as to require
application and observance of the same procedural due process elements,
e.g., the right to a statement of the charges, to hear and examine witnesses, to
present evidence, etc. Examples: Parole hearings; school disciplinary and
expulsion hearings; hearings on complaints of professional misconduct.
QUASI EX CONTRACTUS [L. quasi + ex / from, out of + contraho, contra-
here / to bring together, to unite]
A right or obligation growing out of a contract which is implied by the law in
order to avoid the unjust enrichment of one party at the expense of another.
See QUANTUM MERUIT
QUASI IN REM [L. quasi + in + rem, res / thing, object]
A proceeding which tries the relative rights and interests of some of the par-
ties in a parcel of real property, but not the rights of all the parties to the par-
cel (the latter is called an action in rem). Example of an action quasi in rem:
an action for partition of interests. Example of action in rem: an action to
quiet title. Also, jurisdiction by a court over a claim against an individual ini-
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tiated by attaching his interest in property located within the state. The
attachment of property does not confer personal jurisdiction over the individ-
ual but does enable the plaintiff to establish his claim against the property
attached.
QUERELA [L. queror, queri / to complain]
A complaint in an action; also, the action itself.
QUESTION [L. quaero, quaerere / to seek, search for]
An issue requiring resolution. A point of law or fact on which parties dis-
agree and which is submitted to the court for disposition. A particular inquiry
directed to a witness. A matter to be researched or inquired into. A federal
question is an issue arising under a federal law and which lies within the
jurisdiction of the federal courts. A political question is an issue that a court
will decline to answer on the ground that it falls outside the scope of the judi-
cial function and should be resolved by the executive or legislative branches
of government.
QUESTIO VEXATA [L. quaestio / a seeking or searching + vexo, vexare / to
shake, jostle; to annoy or molest]
A troublesome or difficult question. Used to describe a difficult issue of law
confronting the court.
QUIA EMPTORES (STATUTE OF) [L. quia / because, for the reason that +
emptores / buyers, purchasers]
Literally, because of the buyers. The name for an act passed by Parliament in
1290 which abolished some of the restraints upon alienation or transfer of
land that had been imposed under the feudal system.
QUIA IMPOTENTIA EXCUSAT LEGEM
When performance is impossible, the obligation is released.
QUIA TIMET [L. quia + timeo, timere / to fear, dread]
Literally, because he fears. A bill in equity submitted by anyone who feared
that the threatened action of another would cause him or his property injury
or damage. The relief, after a showing of imminent harm, was by injunction
or restraint.
QUID PRO QUO [L. quis, quid / anything; what? + pro / for, in place of + quo
/ what?]
What thing for what thing? An exchange of something for something else.
The mutual consideration between parties to a contract. In cases alleging sex-
ual harassment, the promise or grant of special employment privileges in
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QUIET
exchange for sexual favors, or the threat that employment privileges will be
denied or curtailed if the favors are not granted.
QUIET [L. quies / rest, repose]
Still, hushed. Silent, not speaking. To eliminate noise. To put at rest. To free
from disturbance or contention. An action to quiet title is an action to resolve
all issues concerning title to property. The court is asked to make a final and
binding resolution of all conflicting claims.
QUI FACIT PER ALLIUM FACIT PER SE
Literally, he who acts through others acts for himself. In simple form, this
Latin maxim states the essential principle which still controls the law of
agency, i.e., a principal who appoints or authorizes an agent to act for him
will be bound by the acts of the agent in the performance of his authority.
QUI MANDAT IPSE FECISSI VIDETUR
He who commands (the act) is deemed to have committed it himself.
QUI TACET CONSENTIRE VIDETUR
He who is silent is deemed to consent.
QUI TAM [L. qui / who, he who + tam / as much as, equally with]
An abbreviation for the Latin maxim, “he sues on behalf of the king as well
as in his own right.” A qui tam action is a civil action brought by an informer
for the benefit of himself and the state, to recover part of the penalty or fine
exacted for commission by another of an unlawful act, such as in submitting a
false claim against the government. After the informer is paid his share, the
balance of the fine or penalty belongs to the state.
QUO ANIMO [L. quo / what + animus / the spiritual; the soul; the heart]
By what intention or motive? What did he intend to do? What motivated him?
An inquiry into the defendant’s motives.
QUOD COMPUTET [L. quod / whereas, the fact that + computare / to com-
pute, calculate]
Literally, that he account. Let him acccount. The judgment of the court in an
action for an accounting establishing the duty to account but not the amount
due. Determination of the latter was referred to a referee or master.
QUOD CUM [L. quod + cum / with, together with]
Whereas. The phrase used to introduce a pleading or declaration at common
law.
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QUOTA
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RATIFY, RATIFICATION
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REAPPORTION
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RECESS
judicial officer to gather, take possession and custody of, and administer, the
assets of an estate or a debtor. The duty of the receiver is to preserve the
assets and to prevent loss or damage. Also, in any civil litigation, a person
appointed by the court pendente lite, to hold and manage the assets which are
the subject of the litigation and to distribute them at the end of the litigation
as directed by the court. Also, in criminal law, a person who takes possession
of stolen property with knowledge that it is stolen or wrongfully obtained.
See PENDENTE LITE
RECESS [L. re + cedere / to go, move forward]
An interruption in the regular conduct of business for rest or relaxation. A
break in the conduct of a trial or hearing. A short interval in which the court
suspends business without adjourning. Also, an interval between one session
of a continuously sitting legislature and another.
RECIDIVATE, RECIDIVISM [L. recido, recidere / to fall back, recoil]
To fall back; to return to a prior condition. To commit a criminal offense
after a period of lawfulness. Recidivism is chronic or habitual criminality;
also the return to crime after a lapse of time.
RECIDIVIST [L. recido, recidere / to fall back, relapse]
One who falls back or relapses. A habitual criminal. A repeat offender.
RECIPROCAL [L. reciproco, reciprocare / to move backwards; to move both
backwards and forwards]
Shared by both sides; mutual. Complementary; a counterpart. A reciprocal
contract is a bilateral contract. A reciprocal promise is a promise given by
one party in exchange for a promise by the other. Reciprocal trusts are two
mutual trusts: in one A is beneficiary of a trust created by B; in the other B is
beneficiary of a trust created by A. Reciprocal Wills occur when two testators
execute wills naming one another as beneficiary.
RECIPROCITY [L. reciprocare / to move back and forth]
Mutuality of treatment and interests. The relationship between two American
states in which each extends to citizens of the other certain rights and privi-
leges which would otherwise be limited, restricted or unavailable to them.
For example, New Jersey may, but does not, give reciprocity of practice to
lawyers licensed in New York in exchange for similar treatment by New York
of New Jersey practitioners. All states accord reciprocal driving privileges to
citizens of other states who are licensed to drive in their home state.
RECITAL [L. recito, recitare / to read aloud; to read to an audience]
A public performance by an actor, musician or dancer. The introductory
words or phrases at the outset of a document, e.g., a deed or contract, explain-
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ing the reasons or basis for the document or for the underlying transaction;
usually, the recital is preceded by the word Whereas. Also, in a pleading, the
introductory words preceding an allegation or formal claim.
RECLAIM, RECLAMATION [L. re + clamare / to call, cry out, shout]
To demand and/or regain possession of a chattel or right. To assert one’s right
to recover property which was conditionally or mistakenly given to another.
To recover goods from an insolvent debtor. To make available for public use
an asset which is inaccessible or needs renovation, e.g., a swamp or beach.
RECOGNITION [L. re + cognosco, cognoscere / to know, get to know,
become acquainted with]
A sense that something or someone has happened or been met before. Notice
or acknowledgment of a thing or condition. In the law, the word means ratifi-
cation, confirmation or acceptance. Example: An employer who gives recog-
nition to a labor union establishes it as the collective bargaining agent for its
employees. One country recognizes or acknowledges the official status of
another country.
RECOGNIZANCE [L. recognoscere / to know again, to recall]
A commitment of record before a judge or magistrate in which a defendant
promises either that some act will be performed by him or that he will reap-
pear before the court at a specified time, usually, but not necessarily, under
penalty of forfeiting a bond or bail. The authority of a federal judge to release
an accused before trial on his personal recognizance is contained in 18
U.S.C.A. § 3142(b).
RECOLLECTION [L. re + conligo, conligere / to bring together, gather, col-
lect]
Anything recalled to mind. The act of remembering an event or detail. The
law of evidence has adopted several rules to assure that the present testimony
of a witness reflects his memory of events as closely and accurately as possi-
ble. For example, the term past recollection recorded, is the doctrine which
admits into evidence, as an exeption to the hearsay rule, a document such as a
police report or a written statement signed by the witness when his memory
of events was still fresh and reliable.
RECOMMEND [L. re + cum / with, together with + mandare / to entrust,
order, command]
To entrust. To issue a favorable report or comment about. To advise or coun-
sel. To suggest a course to be taken. A testator may recommend some act or
action by his executor; the recommendation may be treated as the testator’s
direction. A jury in a criminal case may recommend mercy in the sentencing
of the defendant, especially in cases involving juvenile defendants who are
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RECONCILIATION
tried as adults. In the process of applying for admission to the bar, an appli-
cant will ask for the recommendation of practicing lawyers who know him.
RECONCILIATION {L. re + concilio, conciliare / to bring together, unite,
connect]
The act of restoring friendship and harmony. The elimination or resolution of
differences and disagreements. In the law of domestic relations, reconcilia-
tion is the restoration of normal marital relationships between husband and
wife and contemplates a fresh start and a renewed effort to preserve the mar-
riage. Also, in accounting, the word describes the act of adjusting the books
and records of a depositor to a statement by his bank to make them mutually
and reciprocally accurate.
RECONSTRUCTION [L. re + construo, construere / to heap up, to construct]
To rebuild. To restore to its original state. To improve upon. In patent law, the
infringement of a patent by rebuilding and assembling nonfunctional parts or
elements. In history, the process of rebuilding the Union of states after the
Civil War. Also, the process of recreating as nearly as possible the circum-
stances surrounding an event, accident or crime.
RECORD [L. recordor, recordari / to remember, recollect]
To write down or otherwise preserve for future reference. An authentic copy
or original of a legal document (e.g., a deed or mortgage) deposited with a
public official (e.g., the Recorder or County Clerk) as part of a public record
of transactions. Any writing memorializing the transactions or proceedings of
a public body, as the record of a trial, the Congressional Record, an arrest
record. The record on appeal consists of all the papers delivered by the trial
court to an appellate court to enable it to decide an appeal (the pleadings,
motion papers, trial transcript and the judgment or order appealed from). The
attorney of record in any matter is the attorney who has appeared officially
for the client and upon whom all papers must be served.
RECORDATION [L. recordari / to remember]
The act of recording a public document in the public registry or system. Also,
the act of the court clerk in entering a jury verdict in the official court records.
RECORDER [L. recordari]
The title sometimes given to the public official who supervises the recorda-
tion of public documents. Also, in some jurisdictions, a judge or magistrate in
a court of limited jurisdiction generally referred to as the recorder’s court.
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RECUPERATIO
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REFUND
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REGISTRAR
An official recorder or keeper of public or corporate records.
See REGISTER
REGISTRATION [L. regerere / to collect, record]
The act of entering or inscribing data or information in a public record or reg-
ister. The act of compiling an official list of similar or related data, e.g., a list
of eligible voters. The act of complying with the requirements for entry or
admission into a group, e.g., enrollment in a class or school. The act of a cor-
poration or a government agency in recording the names of its bondholders
and stockholders and of the purchase and transfers of securities by them. A
registration statement is the document filed with the Securities and Exchange
Commission by every company wishing to offer securities for sale to the pub-
lic, detailing the financial condition of the company, describing its officers
and directors, and offering other relevant material necessary to a decision by
the public whether or not to subscribe for the securities.
REGISTRY
The place where official public records are kept, e.g., the registry of deeds.
See REGISTER
REGRESS, REGRESSIVE [L. regradior, regredi / to go back, return, retreat]
To revert or go back to a less desirable state; to worsen or diminish. A regres-
sive tax is one in which the rate of taxation decreases inversely with the level
of income, i.e., as the level of income rises, the tax rate falls; it is a tax which
falls disproportionately on the less wealthy.
REGULA GENERALIS [L. regula / a straight line, a ruler; a rule or model +
generalis / universal, general]
A general rule of the judiciary to regulate the conduct of litigation and the
practice of lawyers and litigants. Abbreviated as Reg. Gen.
REGULAR [L. regula / a straight line, a ruler; a rule]
Conforming to a law, rule, model, custom or pattern; orderly, methodical.
Adhering to a fixed schedule or procedure; unvarying, normal, routine. Used
by lawyers to indicate that an act or practice conforms to the norm or that it is
designated to happen at stated intervals. Examples: an act in the regular
course of business is a commercial transaction executed in the usual manner
of a particular business; books and records maintained in the regular course
by a person with knowledge of the usual transactions of a business may be
admitted into evidence as an exception to the hearsay rule. A regular place of
business is a location at which a business functions permanently, not tempo-
rarily or for a special and limited purpose. Other examples: regular business
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REGULATE, REGULATION
entries; regular endorsement; regular session. The term regular on its face
describes court process which is issued by a court with authority to issue it,
which conforms in form to the usual process of that court and which reveals
nothing which would lead anyone to suspect that it was issued without
authority. A regular session of a court or legislature is a session occurring in
accordance with a fixed schedule.
REGULATE, REGULATION [L. regula]
To govern or control by rule or statute. To bring order to. To fix standards of
conduct. The power of a legislature or governmental agency to frame,
announce and enforce rules and standards for public conduct. Example: Con-
gress has the power to regulate interstate commerce. To carry out its statutes,
Congress has created various federal administrative agencies and has given
them the power to issue regulations which must be drawn from the underly-
ing congressional statute. The FCC, for example, has the power to regulate in
the area of communications under the Federal Communications Act. A regu-
lation is a rule having the force of law, adopted and pronounced by a federal
agency with authority to control public conduct and activity in a given area or
subject, e.g., aviation, trade practices, securities, etc. The IRS issues regula-
tions to interpret and enforce the Internal Revenue Code. State and local
agencies may also issue regulations to govern activity within their spheres of
authority.
REGULATORY (AGENCY) [L. regula / a rule or model]
Possessing the power to issue rules or regulations. Dealing with regulations.
A regulatory agency is a unit of the executive branch of government which is
created by the legislature and authorized to issue and enforce regulations in a
particular area of government. Examples: the Federal Communications Com-
mission is the regulatory agency empowered to regulate all instruments of
public communication; the National Labor Relations Board regulates rela-
tionships between employers and unions.
REHABILITATION (REHAB) [L. re + habilis, habilitas / manageable,
handy, having aptitude]
To restore to a former state; to return to a position of good repute or good
health; to improve or better. The word has several meanings. To rehabilitate a
debtor or insolvent is to restore him to solvency or financial stability. To
rehabilitate a drug addict or alcoholic is to retrain him to avoid dependency.
To rehabilitate a witness is to restore his credibility on redirect examination
after his credibility has been shaken or compromised on cross examination.
To rehabilitate a criminal is to restore him to a productive place in society
through therapy, job training or other incentive.
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335
RELEVANT, RELEVANCE, RELEVANCY
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337
REMEDY, REMEDIAL
See REMITTITUR
REMEDY, REMEDIAL [L. re + medeor, mederi / to heal, improve]
A solution. Anything which heals an illness or corrects a wrong. The means
to recover or secure a right or to obtain relief from a wrong or grievance. The
steps available to a litigant or aggrieved party to obtain relief from commis-
sion of a wrong or injury by another party. The acts ordered by a court or
administrative agency to enforce a right or to correct a wrong. Examples of
remedies: compensatory damages; punitive damages; injunctive relief; issu-
ance of a habeus corpus petition. An action is remedial when it is initiated or
effectuated by a legislature, agency or judicial body to provide relief from
wrongs or injustices, as from the misapplication of a statute to one group of
citizens.
REMISE [L. re + mittere / to send, let go; to send back]
To give something up; to release a claim or right; to relinquish. Used in deeds
to connote the intent of the grantor to relinquish all his right to the property
forever: I give, remise, release and forever quitclaim . . . .
REMISSION [L. remittere / to send back, return]
To reduce or abate in intensity or impact. To release from a penalty or forfei-
ture; to excuse or pardon. The release or discharge of a debt or obligation by
the creditor, either by express agreement or by the return or surrender to the
debtor of the instrument evidencing the indebtedness. The moderation or ter-
mination of a disease.
REMIT [L. re / back, again + mitto, mittere / to send, dispatch]
To pay or send payment to; to pay an obligation or demand. To refer or send a
case back to a lower court for reconsideration or modification of a judgment.
To cancel or relieve of, as to remit a fine or penalty. To pardon, forgive or
annul. To abate or lessen the impact of a disease.
REMITTER [L. remittere]
Anyone who sends or delivers a payment instrument such as a money order.
At common law, the word described the condition under which a later defec-
tive title in land was deemed to relate back to an earlier valid title.
REMITTITUR [L. remittere]
The process by which the verdict of a jury which is deemed to be excessive is
reduced by the court without the consent of the jury. The court has the option
to order a new trial limited to the issue of damages, or to condition denial of a
new trial on the plaintiff’s agreement to a remittitur, or lowered verdict, in a
stipulated amount. The term remittitur of record means the return or remand
by an appellate court to the trial court of the record and proceedings in a case,
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to enable the trial court to follow the directions of the appellate court and to
conduct a new trial, or to enter judgment in accordance with the decision on
appeal, or to take other action consistent with the court’s opinion.
See ADDITUR, REMAND
REMOTE [L. removere, remotus / to put back, withdraw, remove, move away]
Removed or distant in space, time or degree. The word has many meanings
for lawyers. In the law of negligence, a remote cause is an unlikely cause, a
cause which, as viewed in the ordinary experience of men, could not reason-
ably have caused the event or effect complained of. In the law of evidence,
when no reasonable probative inference can be made from a fact offered in
evidence, the evidence will be rejected as remote. In property law, an interest
which will vest beyond the period permitted under the Rule Against Perpetu-
ities is considered remote and therefore violates the Rule.
REMOVE, REMOVAL [L. re + moveo, movere / to move, set in motion]
To change the location of; to move from one place to another. To move an
action from one court to another, as an action originally brought in a state
court to the federal district court; the removal will succeed only if the federal
court has jurisdiction. Title 28 of the U.S. Code permits removal from a state
court to a federal court when diversity of citizenship exists, when the action
involves a claim under the Constitution, or when the defendant is a foreign
country or agent. In some cases, the court from which the case is removed
will insist on a removal bond. A removal bond may also be required of an
exporter who removes goods from a warehouse for export. A person may be
removed from office (i.e., he may be dismissed or his appointment termi-
nated) for good cause. A cloud or infirmity in title may be removed by the
court in an action to quiet title.
RENDER, RENDITION [L. reddo, reddere / to give back, pay up, deliver]
To give over, furnish, deliver, as a payment. To manifest or depict, as by a
drawing or sculpture. To make or do. To melt down. Also, the act of a jury or
judge in reaching and announcing a decision. A jury renders its verdict when
it agrees upon a decision and reports it to the court in the required form. The
court renders its decision when it first announces it, either orally in open
court or in a written memorandum or opinion filed with the clerk of court.
The court’s judgment is rendered when it is first announced. It is entered
when a clerk records it in an official record.
RENEW, RENEWAL [L. re / again + novus / new, young]
To make new again. To rejuvenate, restore or revive. To restore a right, as to
renew a judgment (e.g., to extend the statute of limitations). To do again, as to
renew an objection at trial. Renewal is the act of restoring or starting again, as
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RENOUNCE, RENUNCIATION
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341
REPOSSESS, REPOSSESSION
342
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343
REPUGNANT
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RESCUE
announcing and explaining its decision on appeal. The short unsigned opin-
ion of an appellate court.
RESCUE [L. re + excutio, excutere / to shake out, to search, investigate, find]
To free from confinement or from risk or danger. To free from arrest or
imprisonment, as a hostage or a prisoner of war.
RESCUE DOCTRINE
This is a two-pronged legal doctrine. The first prong states that a person who
commits a tort upon another person will be liable for the injuries not only to
that person but also to anyone who comes to the aid or rescue of the tortfea-
sor’s victim. The second prong states that a rescuer will not, as a matter of
law, be charged with contributory negligence, unless he is reckless or rash.
The doctrine is sometimes called the Good Samaritan Doctrine.
See SAMARITAN
RES DERELICTA [L. res + derelinquo, derelinquere / to abandon, forsesake,
leave behind]
Any property which has been abandoned by its owner.
RESERVATION [L. re + servare / to protect]
To withhold or retain an interest or right in an object or asset at the moment
of its transfer to another. In the law of property, a reservation in a deed is a
provision under which the grantor keeps for himself some right or interest
which did not exist before the transfer and which is defined and created by
the deed itself; it is an exclusion from the right or interest conveyed to the
grantee and may be a temporary interest or a permanent interest. For exam-
ple, a grantor may convey the fee title to a parcel of land but reserve for him-
self and his heirs an easement over the land. A reservation is also the act of a
court in withholding its decision on an application, such as a motion, until
some later time. Also, a tract of land set aside by government for a public
purpose, e.g., a national park or an Indian reservation.
RESERVE [L. re + servo, servare / to watch over, to protect, to keep]
To set aside; to retain for use at a future time; anything stored or set aside for
future consumption. The word has many meanings to lawyers, among them, a
fund set aside to provide for future contingencies and expenses, as in the
maintenance of property, and sums set aside by an insurance company to
cover future claims and losses. A bad debt reserve is an amount set aside by a
company and listed on its balance sheet, to reflect its estimate of accounts
receivable which may prove uncollectible. A depletion reserve is a reserve set
aside by businesses with respect to assets of decreasing value, such as oil
wells or coal mines. Some businesses, e.g., banks and insurance companies,
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are required by law to set aside cash reserves to protect against future losses.
In general accounting practice, a reserve is set aside and listed in the balance
sheet of a business whenever a negative contingency or result may be reason-
ably anticipated. A reserve price at an auction is the lowest price that will be
accepted by the auctioneer as a bid.
RES FUNGIBILES [L. res + fungor, fungi, functus / to perform, execute,
undergo]
Fungible things. Things which are essentially the same as each other or indis-
tinguishable from each other. Objects of such a nature that one may be
replaced by another without raising an issue or controversy as to its essential
similarity. Things that can be counted, numbered or weighed together and
then be replaced by the same measure of similiar objects without the need to
identify any single object. Examples: peas, corn, wheat, coal, coins of the
same denomination, etc.
See FUNGIBLE
RES GESTAE [L. res + gesto, gestare / to carry, bear, perform]
All those matters, facts, statements, acts and events which tend to explain or
clarify a point or fact at issue in a litigation. Those matters which are inherent
in or essential to an occurrence or event. A res gestae witness is a witness
who has experienced an event or act at issue by his own senses and can help
the factfinder to find the truth by his testimony. Res gestae refers to any spon-
taneous declaration or statement made at the same time as, or immediately
after, an event, by a victim or a witness, under circumstances which support
truth and reliability; these statements, which are now generally referred to as
spontaneous declarations, are admissible into evidence as an exception to the
hearsay rule.
RESIDE, RESIDENCE, RESIDENCY [L. re + sido, sidere / to sit down,
stop, settle down]
To dwell permanently in a place. The place in which a person lives over a sus-
tained period, not temporarily. A building used as a home. The place in which
a business or corporation has its office or conducts its business. The word is
sometimes used interchangeably with the word domicile, but the two are not
the same. A domicile is a person’s legal home, i.e., the place which he regards
as his principal residence and to which he intends always to return. A person
may have two residences but only one domicile.
See DOMICILE
RESIDUARY [L. residere / to remain]
Describes rights or assets which remain behind after others are disposed of.
Examples: A residuary bequest is a bequest of that part of an estate which is
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RESIDUE, RESIDUAL
left after debts and administrative expenses are paid and other legacies and
gifts are made. A residuary clause is the provision in a will which disposes of
all that is left in the estate after debts, expenses and other gifts and bequests.
The residuary estate is all the property and assets left in a testator’s estate
after debts and expenses have been paid and specific gifts, bequests and
devises have been satisfied.
RESIDUE, RESIDUAL [L. residere / to rest, remain]
To be left behind. Anything that remains after the removal of other things.
That part of a testator’s estate which is left after all debts and expenses are
paid and after all legacies are satisfied. Residuals are payments due for per-
formance of a script or an actor’s part following the first performance, as for a
TV show. A claim which is left after all prior claims have been paid. Residual
powers are those powers retained by a governmental body after it has
assigned or delegated certain enumerated powers to another body, e.g., the
residual powers of the states after the Constitutional grant to Congress of
enumerated powers. Residual value is the value remaining in an asset after all
depreciation allowances have been used up.
RESIDUUM [L. residius / left behind, remaining]
Anything left behind; anything left over or undisposed of. Synonomous with
residuary estate. The residuum rule is an outmoded rule requiring that the
decision or order of an administrative agency be supported by some evidence
other than legally inadmissible hearsay, i.e., evidence which could survive
judicial review under traditional rules of evidence.
RES IMMOBILES [L. res + immobilis / immoveable]
Things which are fixed in place and therefore immovable, e.g., land, build-
ings, fixtures.
See FIXTURES
RES INTEGRA [L. res + integro, integrare / to complete, make whole]
Anything new and novel. In legal writing, the phrase refers to a novel issue,
an undecided question, a case of first impression.
See RES NOVA
RES INTER ALIOS ACTA [L. res + inter / between, among + alios / other,
different + acta, from ago, agere / to set in motion, drive]
Anything involving another place, person or thing than the relevant one; not
related or relevant; concerning other matters. In the law of evidence, the doc-
trine which makes irrelevant and therefore inadmissible, evidence relating to
a person extraneous to the action, or to a place other than the place at issue, or
to a time not relevant to the acts involved in the litigation.
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RES IPSA LOQUITUR [L. res + ipsa / self, itself + loquor, loqui / to speak]
The thing speaks for itself. A tort doctrine, embedded in a rule of evidence,
which enables the trier of facts to infer negligence on the part of the defen-
dant when the following factors are present: there is an accident; the accident
would not reasonably have occurred without negligence by someone; the
accident was caused by an agency or instrument within the exclusive control
of defendant; and the plaintiff did not contribute to the accident, either volun-
tarily or through his own negligence. If these elements are present, a motion
for summary judgment by the defendant will be denied. The rule shifts the
burden of proof from the plaintiff to the defendant, who has to present evi-
dence rebutting the presumption that the accident was caused by his negli-
gence or that the instrumentality causing the accident was in his exclusive
control. The phrase is often shortened to res ipsa.
RES JUDICATA [L. res + iudico, iudicare / to judge, decide]
Literally, the thing has been decided; the matter has been adjudged. A doc-
trine which dictates that matters litigated between the parties in one action or
proceeding may not be litigated again between the same parties; i.e., once a
final judgment on the merits has been rendered by a court of competent juris-
diction, it is conclusive as to the parties involved and the matters litigated.
See COLLATERAL ESTOPPEL
RES JUDICATA PRO VERITATE ACCIPITUR
A matter which has been tried and adjudicated should be accepted as true.
RES NOVA [L. res + novus, nova / new, fresh]
Literally, a new thing. In the law, a res nova is an undecided issue or question,
a case of first impression. The term res integra is sometimes used instead,
with the same meaning, especially in England.
See RES INTEGRA
RESOLUTION [L. resolvo, resolvere / to loosen, untie, dispel, cancel, end]
The act of reducing complex issues into simpler ones; to make a question
clear and understandable. Also, the formal statement of a decision or ballot,
e.g., the resolution of a committee or board. In the law, the formal expression
of the will or opinion of a legislative body on a particular matter or subject,
having an effect just short of a statute or law. Example: a resolution of Con-
gress asking the President to take some executive action or expressing its
opposition to some action by the President. Also, the formal expression of
some action or decision of the board of directors of a corporation or of any
social or political organization.
349
RESOLVE
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LATIN FOR LAWYERS
other party, as opposed to a motion to dismiss or to set aside the pleading for
some procedural or jurisdictional defect.
RES PUBLICAE [L. res / thing + poblicus, publicus / of the people; in the
name of the people]
Anything that belongs to the public at large, as air, light and water.
See RES COMMUNES
RESTITUTIO IN INTEGRUM [L. restituo, restituere / to replace, restore +
in / in + integro, integrare / to complete, make whole]
Restoration of a party to his condition or position before the injury or wrong
complained of. The principle that a court ordering rescission of a contract
should restore the parties as closely as possible to their state or condition
before the contract was executed. The restoration of a thing to its original
state or in its entirety. In Admiralty Law, the doctrine which provides for full
and complete compension to the owner of a vessel after a loss or damage, to
enable him to restore the vessel to its original condition.
RESTITUTION [L. restituere / to restore]
The act of returning something to its former condition or to its rightful owner.
Compensation for an injury or wrong. Underlying the doctrine of restitution
is the law’s interest in preventing unjust enrichment. In equity, the court will
return to the plaintiff the property, or the value, by which the defendant was
unjustly enriched. In contract law, the defendant who commits a breach will
be required to return to the plaintiff the value which the plaintiff conferred
upon him before the breach; the measure of damages is the value of the bene-
fit to the defendant, not the cost to the plaintiff. In tort law, restitution is the
value of the plaintiff’s actual damages. In criminal law, the federal govern-
ment and many of the states have adopted restitution statutes under which the
court may order restitution (reimbursement or indemnification for damage or
injury to the victim) in lieu of, or in addition to, any other penalty or sentence
imposed on the defendant; see 18 USCS § 3663.
RESTORE, RESTORATION [L. restaurare / to erect, repair (from abstare /
to stand)]
To return an object lost or stolen. To revise or correct. A lost document may
be restored by executing a new one; upon application by a party to a lost doc-
ument, the court may order restoration. The restoration of a party to the sta-
tus quo (ante) is the object of an action for rescission, i.e., the court will
restore the plaintiff to the position he occupied before entering into the con-
tract.
351
RESTRAIN, RESTRAINT
352
LATIN FOR LAWYERS
353
RETIRE
354
LATIN FOR LAWYERS
RETRIBUTION [L. retribuo, retribuere / to give again, give another his due,
pay back]
Anything given in payment or in response. The word has both a positive —
payment back — and a negative — punishment, penalty — meaning. In crim-
inal law, retribution is the “eye for an eye” principle, i.e., the notion that
every criminal must be made by society to pay for his crime.
RETRO [L. backwards, back, behind]
Used as a prefix to denote something existing in the past or positioned
behind.
RETROACTIVE [L. retro + ago, agere / to set in motion, drive, do, act]
Going back to the past. Extending forward from a prior time. Made effective
as of a date in the past. Having a present effect on past events. A retroactive
law or statute is present legislation which has the affect of restricting rights
created or existing in the past, or of creating new duties or obligations which
did not exist in the past but which affect rights and property already vested.
Any law which imposes a different present legal effect or impact on com-
pleted transactions or on vested interests that existed at the time the statute
was passed. In general, these laws are void as ex post facto under the U.S.
Constitution.
See EX POST FACTO
RETROSPECTIVE [L. retro + specto, spectare / to look at, inspect, watch]
Looking back or backwards. Affecting things past. An exhibition of an art-
ist’s existing work produced over a period of time. Synonymous with retroac-
tive. A retrospective law is the same as a retroactive law and has the same
legal effect.
RETURN [L. re / back, again + torno, tornare / to turn, as on a lathe]
To send or carry back. The act of a sheriff or other court officer in conveying
to the court his report of actions taken by him in response to a writ or order of
the court, e.g., a writ of execution; also, the endorsement by such officer of
his actions under the writ or other document issued by the court. Also, the
report of a body empowered to count ballots after an election, showing the
election results. Also, the formal statement of earnings, deductions and
allowances required of each taxpayer, together with his calculation of taxes
due. Also, anything returned, e.g., a check returned by a bank for insufficient
funds, or goods returned by a buyer for defects or non-compliance. Also, the
income from an investment or the profit on a sale. A return of service is proof
of service of a summons or subpeona. The return day is the date fixed by the
court for the filing of an answer, the hearing of a motion, or some other step
in the course of litigation.
355
REUS, REA
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LATIN FOR LAWYERS
and a remainder.
REVERTER [L. revertere / to return]
The term reverter, or possibility of reverter refers to a contingent future inter-
est which occurs when a grantor conveys less than a fee simple absolute and
there is a chance, however remote, that the grantor will ultimately regain the
fee. Example: A conveys all interest in Blackacre to B “so long as no com-
mercially saleable oil is found on Blackacre.” A has a possibility of reverter
which will take effect only if commercially saleable oil is found on Blacka-
cre.
REVIEW [L. re + video, videre / to see]
To reexamine; to look at or over again. To look back on the past. To publish
an evaluation or criticism of an artistic work, as a book or play. A judicial
reexamination of the record of a trial or proceeding before a lower court or
agency. A judicial inquiry into the legality or constitutionality of a statute.
REVISE, REVISION [L. reviso, revisere / to look at again, pay a fresh visit to,
return]
To review with the intent to correct or improve; to study again and amend and
make up-to-date. To correct or amend a statute or judgment. A set of revised
statutes is a compilation of outstanding statutes in a given jurisdiction after a
review and reexamination to eliminate errors, inconsistencies, and superflu-
ities; it is a codification which is intended to replace all prior renditions of the
law and to stand alone as a current and complete restatement of all outstand-
ing legislation within that jurisdiction.
REVIVE, REVIVAL [L. re + vivo, vivere / to live, be alive; to live again]
To bring back to life; to restore to health and vigor. To restore to use. The res-
toration of conditions or rights which have been dormant, inapplicable, or
ineffective over a period of time. Examples: a judgment which has become
stale after the passage of years may be revived upon proper showing to the
court. A contract which has been made unenforceable under a statute of limi-
tations may be revived by a new promise. A will which has been revoked may
be revived by republication.
REVOKE, REVOCATION [L. re + voco, vocare / to call, summon, call upon;
to call back, recall]
To bring or call back; to annul or make void. To withdraw, cancel or repeal.
Applied in several ways by lawyers. An offer to enter into a contract may be
revoked by the offeror at any time until it is accepted or acted upon by the
offeree to his detriment, so long as the offer is not irrevocable by its terms. In
criminal law, a sentence of probation or parole may be revoked if the offender
violates a rule or order of the court. A will may be revoked by a testator by
357
REVOCATORY
358
LATIN FOR LAWYERS
all reasonable purposes, the right to the soil in the banks and under the
stream, etc., provided their use does not disturb the flow of water to riparian
owners downstream.
RIXA
An angry dispute, a quarrel.
See IN RIXA
ROGATIO TESTIUM [L. roge, rogare / to ask, request + testis / a witness]
The request by a testator at the moment of executing his will that the persons
present bear witness that the document he is about to execute is his last will.
ROGATORY [L. rogo, rogare / to ask, beg, request, question, beseech]
Rogatory letters, or letters rogatory, are a formal request by a court in one
jurisdiction to a court in another jurisdiction asking for the examination of a
witness within the latter jurisdiction in connection with a case or proceeding
pending in the former jurisdiction. Letters Rogatory by the federal govern-
ment to authorities in foreign countries are covered by 28 U.S.C.A. § 1781.
ROTA [L. rota / wheel (roto, rotare / to turn around, swing)]
A roll, roster or list of persons, such as a list of jurors or of persons eligible
for military conscription. The order in which designees are eligible to suc-
ceed to an office or appointment.
ROYALTY [L. rex, regis / king, ruler, sovereign]
The rank and attributes of a ruler; a king or queen. A right given to an indi-
vidual or corporation by the sovereign. Compensation to the owner of prop-
erty — e.g., a mine, oil well, patent or copyright — for the use of his
property, either in the form of a percentage of gross or net income or of a
fixed sum per unit produced or sold. Authors, composers and artists are
examples of persons who receive royalties for the sale or enjoyment of their
works.
RULE [L. rego, regere / to guide, direct (regula / a ruler, a straightedge)]
A standard or guide for action or conduct; e.g., for lawyers, the ABA Model
Rules of Professional Conduct. The directive of a court or agency establish-
ing guidelines for conduct. The Federal Rules of Civil Procedure govern the
federal courts in all civil matters. The Federal Rules of Criminal Procedure
govern the federal courts in all criminal matters. A judicial order compelling
performance or non-performance of an act. A promulgation by an administra-
tive agency designed to implement a statute defining its powers and having
the force of law. The process of rule-making by an agency generally includes
a period of public notice and comment for each new rule. The exercise of
authority or dominion. A set of criteria for human conduct and action. A stan-
359
RULE AGAINST PERPETUITIES
dard which is accepted by all to determine legal rights and obligations. The
law recognizes many rules, e.g., the rule against perpetuities, the rule in
Shelley’s case. These are rules in the sense that they provide guidance for
lawyers and judges in dealing with property and other rights. Other examples
of rules recognized by lawyers follow.
RULE AGAINST PERPETUITIES
See PERPETUITY
RULE NISI [L. regere / to direct, rule + nisi / if not, unless]
An interlocutory order or decree of a court which will become final unless the
party affected shows cause why it should not be enforced. A procedure under
which one party can move ex parte to secure an order or judgment which, by
its terms, will become final if the other party fails to show the court why it
should not be granted.
See NISI
RULE OF CONVENIENCE
A rule of the common law which provided that a class which was to benefit
from a gift or other distribution be kept open until the moment before final
distribution.
RULE OF FOUR
A general rule of procedure followed by the U.S. Supreme Court which pro-
vides that a writ of certioriari will be granted and/or a matter will be reviewed
if four of the nine judges agree that it should be reviewed.
RULE OF LAW
A legal doctrine which requires that decisions in specific cases or disputes be
determined in accordance with some previously defined and published stan-
dards and principles which are comprehensible to all and may be relied upon
by all. Also, a general doctrine which is applied to those nations or jurisdic-
tions which follow a defined set of laws and regulations in the government of
people and the conduct of their affairs, as opposed to the ad hoc decisions of
those who happen to be in power. The United States and the United Kingdom
are two nations which are described as living under the rule of law. Nazi Ger-
many would be an example of a nation which abandoned the rule of law.
Also, that body of law framed by statutes, rules, and judicial decisions which
defines legal principles of general application to human conduct.
RULE OF LENITY
See LENITY
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LATIN FOR LAWYERS
361
S. OR SS.
S. OR SS. [L. abbreviation for the word scilicet / evidently, to wit, of course
(from scire licet / one is allowed to know)]
In a pleading, an allegation of the essential facts without elaboration. Also
used in the caption of affidavits as in:
State of New York )
County of Queens ) ss.
See SCILICET
SACRAMENT [L. sacro, sacrare / to dedicate to a deity; to consecrate]
One of several Christian rites attributed to Christ; considered a means to
divine grace.
SACRAMENTUM FIDELITAS [L. sacramentum / an oath; the money depos-
ited by the parties to a suit to ensure recovery by the winning party +
fidelitas / trust, loyalty]
The oath of fealty or loyalty. The oath of allegiance taken by new soldiers.
SACRIFICE [L. sacer, sacra / holy, consecrated + facere / to make, do]
To offer a precious possession to a deity. Something given for the sake of
something else. To forego or give up a pleasure. To destroy something in the
interest of saving something else. To kill a person or an animal in a religious
ritual.
SACRILEGE [L. sacer, sacra + lego, legere / to gather, pick, take away]
Irreverence towards a hallowed object or person. The violation of a religious
tenet or belief held sacred by others. The theft or destruction of anything con-
sidered sacred, as of a religious article in a church or of graves in a cemetery.
SALARY [L. salarius / derived from salt; the yearly income derived from pro-
duction of salt; money given to soldiers as salt allowance; hence, any
pay allowance]
A payment for services given or work performed. The distinction between
salary and wages is that the former is compensation which is fixed for a spec-
ified period, as for a month or year or over the life of an employment con-
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LATIN FOR LAWYERS
tract, while the latter is normally based on an hourly rate for hours actually
worked.
SALUS POPULI EST SUPREMA LEX
The welfare of the people is the paramount law. This is an ancient Roman
maxim which is still the fundamental concept controlling all democratic
thought and institutions.
SALVAGE [L. salvus / safe]
Property saved or rescued from imminent threat or danger, as in a wreck or
fire. Anything retained from discarded property. In maritime law, the rescue
of a ship or its cargo; also the compensation paid for the act of saving a ship
or its cargo from the perils of the sea. Salvage loss is the marine insurance
term defining the difference between the value of property insured against
loss and the value of property salvaged by the owner. A salvage lien is the
lien of persons who have salvaged a ship or cargo. The lien attaches to the
property saved to secure payment of their fees.
SAMARITAN [Late L. samaritanus / a resident of samaria, a person perform-
ing good deeds (from the Greek)]
See GOOD SAMARITAN
SAMPLE [L. exemplum / something picked from a number of things; a sam-
pling]
One representative item picked from a group of essentially similar things to
establish the character or quality of the items in the group. The defined part
of a statistical whole measured and studied to establish data about the whole.
SANAE MENTIS [L. sanus / sound, healthy + mens, mentis / the mind, under-
standing, reason]
Of sound and healthy mind.
SANCTION [L. sancio, sancire / to make sacred, consecrate]
To make valid or binding; to approve of. To give effect to, as in “that conduct
was sanctioned by a law passed by Congress.” Also, a formal decree or oath.
The destruction or seizure of property. Also, a detriment or penalty imposed
for violation of a statute or regulation. The imposition of a penalty or fine. In
international law, coercive economic or military action taken by one or sev-
eral nations to compel a change in conduct by another nation, as the sanctions
imposed by the U.S. on Cuba or Iraq. Sanctions may take the form of block-
ades, embargoes, the blocking of bank accounts, etc.
363
SANCTUARY
364
LATIN FOR LAWYERS
which provides that if any part of a statute (or contract) is declared void or
invalid, the remainder will not be affected and will remain in force. The sav-
ing to suitors clause is a clause contained at 28 USC §1333(1) entitling mari-
time claimants to proceed in the state, instead of the federal, courts.
SCANDAL [L. scandalum / stumbling block, interference, offense (from Gr.
skandalon)]
Conduct that causes a loss of face by the perpetrator and loss of faith in the
observor. Loss of reputation because of some act which offends the public’s
standards or conscience. Disgrace. Also, malicious gossip, report or innu-
endo.
SCANDALUM MAGNATUM
A term formerly used in England to define the slander of important men, e.g.,
judges, peers or cabinet officers. The punishment for scandalum magnatum
was more severe than for slander of lesser citizens.
See SLANDER
SCHEDULE [L. scheda / a strip of papyrus bark; a leaf of paper]
A written statement, especially one attached to a legal document setting forth
or listing data which is supplemental to but incorporated by reference in the
principal document. A list; an inventory. To fix the date or time of. To incor-
porate in a list of items. In bankruptcy law, one of a set of lists which must be
completed and filed by the debtor setting forth his debts and assets, the names
and addresses of his creditors, whether any of his assets are exempt, etc.
SCHEME [L. schema / shape, figure, form]
A graphic sketch or design. A plan or outline for future action. A systematic
and organized blueprint for conduct. The organization or combination of ele-
ments into a connected and integrated whole. Also, a crafty or unethical sug-
gestion or plan. A plot.
SCIENTER [L. scientia / a knowledge, a knowing of (from scire / to know, be
aware)]
Knowledge; previous knowledge; “guilty knowledge.” Knowledge and
appreciation of the nature of one’s acts or omissions. Scienter is a necessary
element of many crimes and may be considered the equivalent of criminal
intent. In some cases, especially cases in which a crime is created and defined
by a regulatory statute, scienter need not be proved. Scienter in cases based
on fraud is the intent to deceive or mislead. Scienter is especially important in
corporate securities law, which equates scienter with intent to deceive or
defraud.
365
SCILICET
SCILICET [L. from scire / to know + licere / one can or may: that one may
know]
Namely, that is to say, to wit.
See S. above
SCINTILLA [SCINTILLA OF EVIDENCE] [L. scintilla / a spark (from
scintillare / to sparkle)]
A trace or insubstantial amount. Evidence which is speculative and conjec-
tural or less than substantial. The scintilla rule, now generally rejected and
ignored, held that a verdict could not be directed for one party if there was so
much as a shred or scintilla of evidence in favor of the other party.
SCIRE DEBES CUM QUO CONTRAHIS
Know the person you contract with.
SCIRE FACIAS (SCI. FA.) [L. scire / to know + facio, facere / to do or make]
An ancient statutory writ providing either for the entry of judgment or for
execution upon a judgment. A writ requiring the defendant to show cause
why some obligation by him contained in a public record, e.g., a filed judg-
ment, should not be enforced. A proceeding to enforce a garnishment or a
bail bond. The proceeding instituted under a writ of scire facias.
SCIRE FECI [L. scire + feci / pp of facere / to make or do; I have caused to be
known]
I have given notice. I have notified. The return filed with the court by the
sheriff in response to a writ of scire facias.
SCRIBERE EST AGERE [L. scribo, scribere / to engrave, write + esse / to be
+ ago, agere / to set in motion, to drive, to act]
To write is to act. One who reduces his thoughts or acts to writing is bound by
them.
SCRIP [L. scriptum / pp of scribere / to write; something written]
A short, condensed writing. A document entitling the holder to receive a frac-
tional share of a stock dividend. A certificate of indebtedness used as a sub-
stitute for money at the time of the Great Depression, or in another fiscal
emergency. A scrip dividend is a document issued by a corporation, specifing
the holder’s fractional interest in a stock dividend or entitling the holder to
distribution of accumulated earnings at a later date.
SCRIVENER [L. scriba / a scribe, a secretary (from scribo, scribere / to
engrave or write)]
A professional writer or transcriber of public or legal documents, e.g., deeds,
contracts, wills, etc. Also, one who drafts documents.
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LATIN FOR LAWYERS
367
SEASONABLE
368
LATIN FOR LAWYERS
SECRECY, SECRET [L. secretus (from secerno, secernere / to set apart, hide,
make secret)]
Withheld from others; hidden; set apart. Covert, stealthy, furtive. Something
kept from general knowledge but shared with a few. A method, plan, formula
or process known only by a privileged few, as by the employees of a particu-
lar company. A secret ballot is the vote of an individual which is not visible
or disclosed to anyone. A secret hearing is a hearing closed to all except the
interested parties. A secret lien is a lien which is not filed or recorded and not
disclosed to anyone but the immediate parties. A trade secret is a secret
belonging to a commercial enterprise which is unique or special to it and
which is disclosed only to the employer and those employees who have a
need to know it.
SECRETARY [L. secretum / secret (from secerno, secernere / to set apart, to
hide)]
A person hired to handle the correspondence and maintain the office routine
of a professional or executive. One elected or appointed to keep the records
of an organization and to record the minutes of its meetings. A title given to
members of the U.S. cabinet and to various state officials who head adminis-
trative departments of state government.
SECTA [L. (from sequor, sequi / to follow) a way or mode of life; a thought or
plan; a philosophical school]
A law suit. In early England, a retinue of supporters who accompanied a
plaintiff to court to support his claims.
SECULAR [L. saeculum / the period of one human generation (app. 33 years);
the spirit of the age; the times]
Worldly. Of or relating to the real world. Temporal. Not associated with reli-
gion or the clergy. Occurring or existing through the ages.
SECUNDUM
Immediately after, beside, next to. According to; in accordance with.
See SECOND; SECOND DEGREE
SECUNDUM AEQUUM ET BONUM
In accordance with justice and right.
SECUNDUM ALLEGATA ET PROBATA
In accordance with the allegations and the proof.
SECUNDUM LEGEM COMMUNEM
In accordance with the common law.
369
SECUNDUM LEGEM TERRAE
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LATIN FOR LAWYERS
ing the presidency of John Adams which made it a crime to libel the Con-
gress or the President.
SED NON ALLOCATUR [L. sed / but, however + non / not + allocare / to
grant, permit]
But it is not permitted.
SED QUAERE [L. sed / but + quaero, quarere / to seek]
But inquire further.
SEDUCE, SEDUCTION [L. seduco, seducere / to lead away; to separate]
To lead astray. To cause disobedience or disloyalty. To corrupt or deceive. To
entice into sexual intercourse.
SED VIDE [L. sed / but + video, videre / to see]
But see.
SEGREGATE, SEGREGATION [L. se / self + grex, gregis / a herd or flock;
segregere / to isolate, separate from the flock]
To isolate or separate from others. The separation of one race, class or ethnic
or religious group from the general populace or from others by discrimina-
tory means or tactics, as by isolation in ghettoes, limiting access to schools
and means of transportation, restricting the right to vote or hold office, etc.
De facto segregation is segregation which results from economic and social
influences and not as a result of a statute or state action. De jure segregation
is segregation imposed by statute or constitution and enforced by state action.
SEMPER
Always, at all times.
SEMPER FIDELES [L. semper / always + fidelis / faithful, trustworthy]
Always faithful. The motto of the U.S. Marine Corps.
SEMPER IN DUBIIS BENIGNIORA PRAEFERENDA SUNT
When in doubt, always adopt the more liberal construction (of words or
events).
SEMPER PARATUS [L. semper / always + paratus / ready, prepared (from
paro, parare / to prepare)]
Always prepared. Always read (to act).
SEMPER PRAESUMITUR PRO MATRIMONIO
The presumption is always in favor of the validity of a marriage.
371
SEMPER PRAESUMITUR PRO NEGANTE
372
LATIN FOR LAWYERS
tence which has minimum and maximun limits; the exact length is fixed not
by the court but by a parole board. Sentences may run concurrently or con-
secutively. Sentencing guidelines are rules promulgated by a commission of
judges providing classifications for crimes and suggested terms of punish-
ment for each class. A sentence of nullity is a judicial determination that a
marriage is null and void.
SENTENTIA [L. thought or opinion]
An opinion, decision or judgment. Also, the meaning derived from a set of
connected words.
SEPARABLE [L. se + paro, parare / to prepare, make ready, provide; separare
/ to sever, separate]
Capable of being separated into component parts. Divisible. A separable
contract is a contract which is divided into a number of constituent parts,
each part defining performance and remedy in such a way as to permit it to be
separately interpreted and enforced without reference to any other part. A
separable controversy is a controvery which can be disengaged from and
tried independently of all other claims in an action. To qualify for removal
from a state court to a federal court, a controversy must constitute a “separate
cause of action.” If any one controversy qualifies for removal, the federal
court may try all the issues between the parties or it may determine only the
claim or claims which qualify for removal and remand the rest to the state
court.
See SEVER
SEPARATE [L. separare / to sever, separate]
To divide or put apart. To dissolve. To move apart, as in: Joe and Ethel have
separated. Separate counts are distinct and different criminal offenses
charged in a single indictment; also, the recitation in a complaint or petition
of individual and distinct causes of action between the same parties. Separate
maintenance is the support paid by one spouse to the other during separation.
A separate opinion is the dissenting or concurring opinion of one or several
judges which is not adopted or approved by the majority of judges. Separate
property is the unique property of one of the spouses in a community prop-
erty state; or, in all other states, property of one spouse which is not marital
property. The seperate property may consist of property acquired before mar-
riage or property acquired by gift or inheritance after marriage.
SEPARATION [L. separare / to separate]
The state of being separate or apart. The condition of existing apart. The end
of cohabitation by a husband and wife, either by the voluntary departure of
one or by mutual agreement, generally with the intent that the separation
373
SEQUESTER
374
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375
SETTLEMENT
376
LATIN FOR LAWYERS
377
SIGNATURE, SIGNATORY
378
LATIN FOR LAWYERS
has several meanings. A document which is not under seal or recorded is con-
sidered a simple document. A property interest which has no time limits or
other restrictions is considered a simple interest, e.g., as an interest in fee sim-
ple. A tort or crime which fits the most essential definition of that crime and
has no aggravating factors making the crime more serious or severe (e.g., use
of a dangerous weapon) is described as a simple crime (e.g., a simple assault,
a simple battery, etc.). Simple interest is interest which is computed solely on
the principal of a debt, without adding interest on accrued interest. A simple
trust is a trust in which all principal is retained by the trustee and distribution
is made only of current interest on that principal.
SIMPLICITER [L. simplex, simpliciter (adv.) / simply, without artfulness]
In a simple way. Without fanfare. Directly, summarily, immediately.
SIMULATE [L. simulo, simulare / to make like, copy, imitate]
To feign or pretend, often with intent to deceive. To counterfeit. To take on
the appearance of or copy something else. A simulated document is a docu-
ment which is offered to third persons as the apparent agreement of two par-
ties but which does not express their true intent and is intended to deceive.
SIMULTANEOUS (DEATH) [L. simul / at once, at the same time]
Existing or happening at the very same time. Coincident. A death is defined
as simultaneous when it occurs so closely upon its cause as to suggest that the
decedent suffered no pain. Also, two or more deaths are considered simulta-
neous when there is insufficient evidence to determine the order of death. In
this way, a husband and wife, for example, may be deemed to have died
simultaneously in a common accident without regard to the actual time of
death. In that event, each will be deemed to have survived the other and their
property will be disposed of accordingly. In a simultaneous death, an insured
is deemed to have survived his benificiary. Many states have adopted the
Simultaneous Death Act, a uniform act which provides for disposition in the
case of simultaneous deaths.
SINE ANIMO REMANENDI [L. sine / without + animus / the seat of life, the
soul + remanere / to stay behind]
Without the intent to remain (in a place).
SINE ANIMO REVERTENDI
Without the intent to return (to a place).
SINE DAMNO [L. sine / without + damnum / damage, injury, penalty]
Without any injury or damage.
See INIURIA ABSQUE (SINE) DAMNO
379
SINE DIE
SINE DIE [L. sine + dies / day as opposed to night; a day in time; twenty-four
hours]
Without a day, without time; without setting a new date. A court or legislative
body adjourns sine die when it adjourns without appointing a day on which to
sit or assemble again.
SINE PROLE [L. sine / without + proles / progeny, descendants; race, stock]
Without issue.
SINE QUA NON
Without which, not; that without which a thing cannot be. The essential thing
upon which another depends for its existence.
SINGLE [L. singularis / alone, single, individual]
Alone; unaccompanied by others. Not married. Consisting of one in number.
Affecting only one person. The single publication rule is a rule of the law of
libel which limits the plaintiff to one cause of action despite publication of
multiple copies of libellous matter. The number of copies distributed does not
enlarge the causes of action beyond one, but becomes relevant on the issue of
damages. Single-entry bookkeeping is a simple system of bookkeeping in
which each transaction is recorded only once. In double-entry bookkeeping,
each transaction is recorded twice, both as a debt and a credit.
SITUS
The location or place of a thing. In law, the place with respect to which a right
is fixed or determined. The situs of real property is its physical location, not
the place where its owner is found.
SLANDER [L. scandalum / stumbling block (from Greek scandalon / trap,
offense)]
Formerly used to describe both written and oral defamatory statements, slan-
der is now generally limited to unprivileged defamatory oral statements made
about an individual to a third party. The words must tend to defame the indi-
vidual in his reputation, office, trade or business. The tort of oral defamation
requires the negligent or intentional speaking of false and defamatory words
which are unprivileged and are spoken to a third person and which are action-
able regardless of harm (i.e., per se) or because they cause special harm to the
individual spoken about (i.e., per quod). Restatement Second, Torts, §558.
Slander of title consists of false or malicious statements — both oral and
written — disparaging a person’s title to property, real or personal, causing
him special damages (which must be proved).
See SCANDAL
380
LATIN FOR LAWYERS
381
SOCIAL SECURITY
382
LATIN FOR LAWYERS
383
SOVEREIGN
384
LATIN FOR LAWYERS
385
SPECIFICATION
386
LATIN FOR LAWYERS
387
SPURIOUS
388
LATIN FOR LAWYERS
attributed to it; under federal law, state action is subject to judicial scrutiny
for violations of due process and equal protection under the Fourteenth
Amendment. A participant in a crime who agrees to testify for the state in a
criminal prosecution in exchange for a reduced sentence is said to turn state’s
evidence. The doctrine of states’ rights is a doctrine grafted onto the Consti-
tutional concept that those powers not specifically granted to the federal gov-
ernment are reserved to the individual states; the doctrine is used by states
which choose to challenge federal intervention in certain areas of govern-
ment, as by the Southern states in their now unlawful effort to preserve sepa-
rate-but-equal systems of public education.
STATEMENT [L. status / standing, condition, position]
Anything stated; a declaration or remark. An allegation of a matter of fact. A
written or oral assertion. Also, a financial record. The summary at a particu-
lar moment of the invoices owed and credits extended to a purchaser of goods
or services. A closing statement is a summary prepared by an attorney fol-
lowing a real estate transaction, showing the financial elements governing the
transaction. A financial statement is a statement showing the financial condi-
tion and course of activities of a business enterprise as of a given date. A
statement of affairs is a statement and schedule required of a debtor in bank-
ruptcy, showing his past financial transactions and his current financial condi-
tion. An opening statement is the statement made by an attorney to the jury
before receipt of testimony in which he outlines the scope and content of his
proof.
STATIM ( STAT) [L. stare / to stand, hold firm]
Instantly, immediately.
STAT PRO RATIONE VOLUNTAS POPULI
The public will has priority even over reason.
STATU QUO [L. status / a standing position, a posture + quo / in which]
See IN STATU QUO
STATUS [L. status / position, posture]
Relative rank in a hierarchy of things or persons. The position or condition of
a person as determined by the law. Present condition or position.
STATUS CRIME
A crime defined not by the nature of the specific act committed by the
accused, but by his personal condition or character. The crime of vagrancy is
an example of a status crime. A vagrant commits no act except, perhaps, the
act of standing on a corner or sleeping on a street. A status offender is a juve-
389
STATUS QUO
nile who has not committed any adult crime but who comes before the crimi-
nal system because of conduct indicating a failure of parental control.
STATUS QUO
The existing condition or state of affairs. The posture or position which the
parties are occupying or have just occupied. The condition of the parties
before any action is taken to change that condition; the existing condition can
be preserved by the court through a restraining order or temporary injunction.
See IN STATU QUO
STATUS QUO ANTE
The condition or state which existed before the present condition. On an
application by one party to rescind a contract, the court may order rescission
and restore the parties to the status quo ante, i.e., the condition which existed
for each of them before the contract was executed.
STATUTE [L. status / position, state]
Any law enacted by a legislature or a body having legislative powers as
defined by a constitution or equivalent document. Under international law, a
document creating an international agency and defining its powers. Any regu-
lation, edict or declaration to which the police and the courts accord the force
of law.
STATUTE OF FRAUDS
Any of a series of state laws, all modelled after the English Statute of Frauds,
specifying circumstances under which some defined transactions must be in
writing to be enforceable. Generally, the statutes require a writing for all real
estate contracts and for contracts which cannot be performed within a single
year. The Uniform Commercial Code provides that a contract for the sale of
goods exceeding $500 in value is enforceable against the person to be
charged only if he has signed the contract.
STATUTE OF LIMITATIONS
Any statute which imposes a time limit for the commencement of an action or
a prosecution. In civil actions, the time usually begins to run from the time
the action accrues; in criminal actions, from the time the crime is committed.
The expiration of the statutory period is a complete defense to the action or
prosecution.
See REPOSE (STATUTE OF)
STATUTE OF REPOSE
See REPOSE (STATUTE OF)
390
LATIN FOR LAWYERS
391
STIPULATE, STIPULATION
392
LATIN FOR LAWYERS
393
SUB CURA MARITI
SUB CURA MARITI [L. sub + cura / care, concern + maritus / of marriage; a
man or husband]
Under the care of the husband.
SUB CURIA [L. sub + curia / the meeting place of the Roman senate; a meet-
ing place]
Under control of the court.
SUBDIVIDE [L. sub + divido, dividere / to divide, separate]
To divide into several parts. To divide a tract of land into smaller parcels in
preparation for construction, as in the case of houses or office buildings.
SUBJACENT [L. sub + iaceo, iacere / to rest, lie quietly, be still]
Lying under or below. Lower than. Subjacent support is the right of a land-
lord to the continued support of his building through maintenance by the
adjoining landlord of existing conditions; also, the right of occupants of an
upper part of a building to continued support by the lower part.
SUBJECT [L. sub + iacio, iacere / to throw, hurl]
A citizen of a state or nation. A domiciliary of a country enjoying the rights,
privileges and protection of the citizens of that country. The object of study or
evaluation. The focus of an inquiry or of a work of art or creation. Anything
acted upon. To bring under the control of. To influence or act upon. To cause
a person to suffer or undergo something unpleasant or inconvenient.
SUBJECTIVE [L. sub + iacio, iacere / to throw]
Peculiar to each individual; personal. Concepts, thoughts or reactions result-
ing from an individual’s experience or knowledge as conditioned by or fil-
tered through his own perceptions and mental characteristics. Not objective;
not based upon empirical data or proof. A subjective examination is an exam-
ination from which a physician forms a conclusion or diagnosis based
entirely on the patient’s own description of his symptoms.
SUBJECT MATTER JURISDICTION
The power of a particular court to bind the parties in terms of the subject mat-
ter which it can hear and determine, in contrast to its territorial jurisdiction or
the amounts in controversy which it may hear. Examples: Housing courts are
limited to actions between landlord and tenant. Probate courts are limited to
proceedings involving estates and such matters as adoption. Bankruptcy
courts are limited to matters under the Bankruptcy Code. The federal courts
generally have subject matter jurisdiction over diversity cases and cases
involving federal questions.
394
LATIN FOR LAWYERS
395
SUBPOENA AD TESTIFICANDUM
SUBPOENA AD TESTIFICANDUM
A more technical name for a subpeona. An order compelling attendance by a
witness for the purpose of giving testimony.
SUBPOENA DUCES TECUM
Bring with you under penalty. The writ under which a witness is required not
only to attend but also to produce books, papers, records and documents in
his possession which may serve as evidence in a litigation.
See DUCES TECUM
SUB POTESTATE PARENTIS [L. sub + potestas / power, control + parens /
parent, father, mother]
Under the protection or control of a parent.
SUBROGATE, SUBROGATION [L. subrogo, subrogare / to substitute one
person for another; to put in place of]
To substitute for or put in place of another. To substitute one creditor for
another. To assume the rights of another with respect to a legal claim or debt.
In a typical subrogation, a third party who has a right against one of the orig-
inal parties to a transaction or event steps into the shoes of that party to assert
the rights of that party against the other party to the transaction. Subrogation
occurs in construction contracts, insurance contracts, suretyships and guaran-
tees. Under a typical insurance contract, the insurer who has reimbursed its
assured for his loss will be able to substitute for the assured in asserting and
pursuing a claim against the party who caused the original loss.
See SURROGATE
SUB ROSA [L. sub + rosa / a rose]
Literally “under the rose” (in ancient times, the rose was associated with
secrecy). Secretly, covertly, privately.
SUBSCRIBE [L. sub + scribo, scribere / to write]
To write beneath. To write one’s own name; to sign. To sign at the bottom of
a document to indicate assent, acceptance or approval. To attest or pledge. To
support an organization or cause by promising to pay a sum of money or
other thing of value. To pay for and agree to accept a series of issues of a pub-
lication, as a magazine or newsletter. To agree to accept and pay for a security
issued by a corporation. A subscribing witness is a witness to the excecution
of a document, e.g., a will or contract, who attests to its execution by placing
his signature at the foot of the document.
396
LATIN FOR LAWYERS
397
SUBSTANCE
necessities of life. The state of existing. The means of support and mainte-
nance. Procurement of the items necessary to sustain life. An allowance given
to a spouse to cover expenses incurred during defense of a divorce action in a
state in which the spouse is not domiciled.
See SUSTENANCE
SUBSTANCE [L. sub + sto, stare / to stand; to stand under]
An essential part or nature. Physical material which has a discrete identity.
Something from which something else is made or derived. As distinguished
from form, substance is anything describing the essentials to a right or claim,
i.e., the marrow of the claim. (e.g., a contract which is adequate in substance
will be enforced, although it may be defective in form.) In the phrase sub-
stance abuse, substance means any drug or liquor the consumption of which
is controlled by statute or regulation.
SUBSTANTIAL [L. sub + stare]
Real, not imaginary or illusory. Important; essential. Having great weight or
impact. Sturdy, strong. Influential. An act or condition which is substantially
completed may be regarded in some cases as a legally acceptable alternative
to full completion.
SUBSTANTIATE [L. sub + stare]
To give form and substance to. To verify or prove, as by persuasive evidence.
To establish as true.
SUBSTANTIVE [L. sub + stare]
Real, not illusory. Having both body and form. Relating to the essence or
basic nature of a right or claim. Involving matters of importance or conse-
quence. As used in the law, relating to substance and not to form or proce-
dure. A substantive crime is a crime which does not contain within its
definition any element of another crime.
See SUBSTANCE
SUBSTANTIVE DUE PROCESS
The Constitutional requirement that all laws, statutes and regulations adopted
by any state must comply with the Due Process Clause of the Fourteenth
Amendment. In this way, a state may not interfere with a person’s freedom of
contract or his right to privacy. This limitation is called substantive due pro-
cess. The concept of substantive due process is different from the principles
of procedural due process. Substantive due process prohibits a state from leg-
islating or regulating in violation of the Due Process Clause. Procedural due
process refers to those rights which may not be impaired by misapplication of
a law, however valid, to a particular individual or to a particular circumstance.
398
LATIN FOR LAWYERS
399
SUBVERT, SUBVERSION, SUBVERSIVE
400
LATIN FOR LAWYERS
SUFFER, SUFFERANCE [L. sub + fero, ferre / to bear, take, carry; to put in
motion]
To feel strongly. To endure; to be forced to endure. To tolerate or accept with-
out objection. To put up with. To endure or feel pain, discomfort or disability.
To accept knowingly and willingly, and, by extension, to permit or allow
some act to be done or tolerated. Sufferance is consent implied through con-
tinued acceptance, failure to object or intervene, or failure to enforce an obli-
gation, sanction or prohibition. A tenancy at sufferance is a tenancy which
continues beyond the term of a lease when the landlord fails to take action to
evict the tenant. An estate at sufference is the estate of one who continues to
exercise a right or claim after his lawful right to do so has ended.
SUFFICIENCY, SUFFICIENT [L. sufficio, sufficere / to imbue, provide, sup-
ply; also, to be enough, to be adequate]
Enough; adequate. All that is needed in a given situation or circumstance.
Equal to the purpose or need. A good and sufficient deed is a deed which con-
veys exactly the title specified in and required by the contract of sale. Suffi-
cient evidence is evidence adequate to support a jury’s verdict or a judge’s
fact findings. Sufficient sureties are sureties on a bail bond with enough
resources to meet the terms of the bond and enough influence with the defen-
dant to secure his appearance before the court.
SUFFRAGE [L. suffragor, suffragari / to vote in favor of, approve, support]
The right to vote. Also, the exercise of that right. To vote in an election or ref-
erendum. To choose between two candidates or two sides of a public ques-
tion.
SUGGESTIO FALSI SUPPRESSIO VERI
A misrepresentation suppresses the truth.
SUGGESTIVE [L. suggero, suggerere / to supply, provide, pile up]
Prompting thought or response. Stimulating. Imparting mental associations
or stimuli. A suggestive mark is a trademark that suggests or identifies the
product or service it is associated with, e.g., the mark Greyhound for a bus or
Coppertone for suntan oil. The consumer is expected to associate the mark
instinctively with the product, e.g., buses with greyhounds because they go
fast. Suggestive marks are considered inherently distinctive and therefore
entitled to protection without proof of secondary meaning.
See SECOND
401
SUICIDE
SUICIDE [L. sui, suus / reflexive pronoun him, her, its, their; himself, herself,
yourself, themselves + caedo, caedere / to cut down, kill]
The act of taking one’s own life intentionally and while in sound mind. A
person who ends his own life. Assisted suicide is the act of a doctor, relative
or friend in helping a person to end his life when that person is terminally ill
and close to death. Assisted suicide usually involves handing the patient a
drug which he administers himself, but it may also involve the administering
of the drug directly by the doctor or relative. A suicide clause in a life insur-
ance policy is a provision limiting the liability of the carrier to the payment of
net premiums in the event of suicide by the assured.
SUI GENERIS [L. sui + genus, generis / class, kind]
Of its own kind. Unique; in a class by itself. Different from others.
SUI JURIS [L. sui + ius, iuris / right, law]
Of his own right; a term used to describe one who is no longer dependent
upon others, e.g., one who has reached the age of majority. Possessing the
legal capacity to act in one’s own behalf. Enjoying all the rights of citizens,
including the right to vote.
SUITOR [L. sequor, sequi / to follow]
Anyone who asks, entreats or petitions. A man who asks a woman to marry
him. Anyone who applies or works to take over a business. A party to a law
suit.
SUMMARY [L. superus, supremus, summus / the highest]
A statement setting forth a collection of facts or data. A compendium of
points made in a document or speech. Short, concise. Reduced to fewer
words. Completed expeditiously and without delay. Done without the usual
formalities and procedures. A summary court-martial is the lowest form of
military court-martial. It is heard by a single commissioned officer and deals
only with petty offenses by non-commissioned personnel. Summary distribu-
tion is an expedited form of distribution which is utilized when the assets of
an estate are sufficient only to pay superior claims (such as statutory shares).
A summary proceeding is a proceeding, e.g., a landlord’s dispossess action,
conducted without the usual formalities (usually without a jury) and with the
intent of obtaining speedy disposition of a matter. Summary judgment is a
judgment granted on motion when the pleadings and other papers in an action
establish that there is no triable issue of fact and that the moving party is enti-
tled to judgment on the facts before the court, as a matter of law. Under the
Federal Rules of Civil Procedure, a summary judgment motion may be made
at any time after 20 days following commencement of the action.
402
LATIN FOR LAWYERS
403
SUPERSEDE, SUPERSEDING
404
LATIN FOR LAWYERS
405
SUPPRESSIO VERI, SUGGESTIO FALSI
406
LATIN FOR LAWYERS
407
SURRENDER
408
LATIN FOR LAWYERS
409
SUSTAIN
410
LATIN FOR LAWYERS
411
TABULA RASA
412
LATIN FOR LAWYERS
413
TEMPORE ET LOCO
414
LATIN FOR LAWYERS
party to perform the terms and obligations owing by him. In the sale of
goods, a tender of delivery is notice by the seller to the buyer that he is hold-
ing goods at the disposition of the buyer and requesting instructions as to the
time, mode and place of delivery. A tender offer by an investor is a public
offer to purchase the stock of a target corporation, usually at a premium price
and in an effort to take control of the corporation.
TENEMENT [L. teneo, tenere / to occupy]
A residence, especially a multi-family structure. Also any interest or estate in
land or in property attached to land. More loosely, any tangible property or
interest in property.
TENENDUM CLAUSE [L. teneo, tenere / to hold + claudo, claudere,
clausum / to close]
A clause used in deeds to set forth the nature of the estate or interest con-
veyed by the grantor to the grantee.
TENTATIVE, TENTATIVE MINIMUM TAX, TENTATIVE TRUST [L.
tempto, temptare / to prove, try, test]
Existing in an unfinished or incomplete state. Not fully realized or developed.
Hesitant. Uncertain. Waiting to be finished. The tentative minimum tax is a
calculation under the Internal Revenue Code comparing a person’s income
tax as regularly computed with the alternative minimum tax as defined in the
Code. A tentative trust is another name for a Totten Trust, i.e., a bank account
by one person in trust for another; a Totten Trust is controlled by the deposi-
tor and is revocable by him at any time until his death, at which point it
passes to the benificiary directly, without the need for estate administration.
TENURE [L. teneo, tenere / to hold, to preserve]
The manner or the terms under which property or a title or an office is held;
also, the act of holding property or office. The conditions, i.e., term, nature of
title, degree of ownership, under which property or office is held. Also, the
status of teachers or office-holders following a probationary or trial period
which entitles them to remain in office free of the threat of dismissal except
for incompetence or misconduct.
TERM [L. terminus / boundary, limit]
The length of time during which something lasts. The period during which an
interest or estate survives or is effective. Also, the interest or estate itself. A
session of court. An esssential element or part of an agreement, or a will, or a
deed, or any other document having legal effect and consequence. A word or
phrase which conveys a decipherable and precise meaning in the context or
circumstance in which it is used. The divisions of a school year. The length of
415
TERMINAL, TERMINATE, TERMINATION
416
LATIN FOR LAWYERS
diction defines the geographical area over which a court or judicial officer
can exercise jurisdiction; the area within which a court can extend process.
Territorial waters are those waters immediately adjacent to a nation’s coast-
line, over which the nation claims or exercises sovereignty. Since World War
II, the nations of the world have not been able to agree on the outer limit of
territorial waters; the old three-mile rule has been extended by some nations
to twelve miles from shore and even to 200 miles.
TERROR, TERRORISM [L. terreo, terrere / to frighten, terrify]
Terror: Fear or fright. Anything that inspires fear. Fear of attack, injury or
death, especially from something sudden or unexpected. Terrorism: Acts or
threats of violence against a state or nation, or against a group of citizens,
usually inspired or motivated by some political, economic or social objective.
TERROREM [L. teneo, tenere]
See IN TERROREM
TEST [L. testa / a piece of clay; a pot or urn]
An examination or inquiry. An evaluation or measure of skill or knowledge.
A test case is a case depending upon facts which raise legal issues common to
a group of cases; if all the parties to the cases typified by the test case agree to
be bound by its decision, the court will agree to hear and determine the test
case as representaive of and precedent for the other cases. A test case is also a
case brought to test the constitutionality or applicability of a statute.
TESTACY [L. testor, testari / to bear witness, give evidence; to make a will]
The state of a decedent who leaves a valid will, as opposed to one who dies
intestate, i.e., without having executed a valid will.
TESTAMENT [L. testamentum / a last will (from testari)]
Originally, a document which contained a testator’s instructions for the dis-
position of his personal property after death. In today’s usage, a document
which provides for the disposition of both real and personal property after
death. Also, one of the two divisions of the modern Bible (the Old and the
New Testament).
TESTAMENTARY [L. testamentum / a last will; a lecture]
Related to the process of drafting or executing a will. Testamentary capacity
is that state of mind which enables a testator to understand the nature and
scope of his estate or property, to identify the people he wishes to benefit, and
to set down rational and reasonable provisions disposing of his property. Tes-
tamentary expenses are the expenses of probating and administering a will. A
testamentary instrument is a document intended to take effect only at death
which disposes of a person’s assets and which is executed with the formali-
417
TESTAMENTUM OMNE MORTE CONSUMMATUM
418
LATIN FOR LAWYERS
419
TORTFEASOR
ment; instead, the act is one which the plaintiff neither invited nor antici-
pated, e.g., a battery or an auto accident. Also, the violation of a legal duty
which results in injury or damage to another. An act may constitute both a
crime and a tort. Also, the name given to causes of action based upon wrong-
ful civil acts, and, to the body of law which studies and interprets them.
TORTFEASOR [L. torquere + facio, facere / to make or do]
A person who commits a tort or is liable to another upon a claim in tort.
TORTIOUS [L. torquere/ to twist, wrench]
Any act which is recognized as a tort or which subjects the actor to civil lia-
bility for injury or damage caused to another by his act. In the nature of a tort;
wrongful; harmful.
TORTURE [L. torquere / to twist, wrench]
To cause pain or suffering to. To punish. To apply cruel devices and instru-
ments to the person of another. To distort or twist the meaning of a thought or
concept.
TOTA CURIA
The entire court. A session of a court when all the judges of the panel are
present.
TOTAL [L. totus / the whole, complete, the entire group]
Constituting the whole. Complete. Entire. With respect to insurance claims, a
total loss is a loss to the assured of the entire current value of the asset or
interest insured. A total disability is a physical or mental disability so great as
to prevent gainful activity or employment. Total incorporation is a concept of
constitutional law which teaches that the Fourteenth Amendment must be
construed as extending the protection of the Bill of Rights in its entirety to the
individual states.
TOXIC [L. toxicum / the poison used on arrows]
Poisonous. Possessing the qualities of a poison. A substance that causes ill-
ness or death when administered to or through the body. Produced by a poi-
son. A poison. Toxicology is the science which studies and treats the nature
and effects of poisons. Toxic wastes are industrial and domestic products
which are injurious to health and safety; the use, accumulation, transportation
and disposal of these wastes are regulated by federal and state authorities.
420
LATIN FOR LAWYERS
TRACT [L. tractus / a track or trail; an occupied space (from traho, trahere / to
draw, drag, pull along)]
A self-contained and defined parcel of land of whatever size or shape. A tract
index is that part of a land record-keeping system which sets forth all transac-
tions affecting title to a particular parcel of land.
TRADITION, TRADITIONAL [L. trado, tradere / to hand over, surrender; to
pass down the story of an event; to report or teach]
Patterns of thought, belief or behavior which are generally accepted and
which pass from one generation to another. Continuity in such things as reli-
gion and culture. Knowledge or practice transmitted in a line from one person
to another. The total body of thought or habit adopted by one generation from
all that has preceded it. The common law is sometimes called traditional law.
TRADITIONARY EVIDENCE
Evidence accumulated from the statements of persons now dead dealing with
such matter as a family’s pedigree or history when no comparable evidence is
available from persons living.
TRAFFIC [L. traho, trahere / to draw, drag; to pass over]
The exchange, sale or barter of goods or commodities; commerce, trade. The
passing of title to goods in exchange for money or services. The import and
export of goods and products between one nation or state and another. Also,
the movement of vehicles of all types along any passageway, such as a road,
highway, river, lake or the sky. The exchange of information over a system
for public communication. To deal in, sell or barter. It is illegal to traffic in
military secrets or in drugs.
TRAITOR [L. traditor / a traitor (from trado, tradere / to hand over, surrender]
A persons who betrays a trust or solemn responsibility, such as a traitor to his
cause or to his country. One who attempts by some overt act to overthrow the
government to which he owes allegiance or of which he is a citizen.
See TREASON
TRANSACT, TRANSACTION [L. transigo, transigere / to drive through; to
pass or spend time; to settle a dispute]
To carry on or conduct. To maintain through completion or fruition. To nego-
tiate, conduct and complete business dealings. To engage in a trade, business
or occupation. A transaction is any act of dealing involving two or more par-
ties, e.g., a sale, negotiation of a contract, transfer of title, etc. Also, any act
or conduct which is given legal effect and which gives rise to a claim or cause
of action. Whether an act constitutes transacting business is often at issue in
cases involving jurisdiction over corporations or the authority of a corpora-
421
TRANSACTIONAL IMMUNITY
tion to do business in a particular state. The issue in these cases is the extent
to which the corporation has engaged in business in a particular place.
TRANSACTIONAL IMMUNITY
Immunity from prosecution granted by a prosecutor to an accused or co-con-
spirator to obtain his testimony as a witness against another accused. The
immunity extends to any prosecution based upon the particular crime testified
about. Transactional immunity must be contrasted with use immunity, which
extends immunity only to the specific testimony of the witness; that testi-
mony may not be used against him, but the prosecutors is not precluded from
obtaining and introducing other testimony to convict the witness. Transac-
tional immunity is rarely granted by federal prosecutors.
See IMMUNITY FROM PROSECUTION
TRANSCRIBE, TRANSCRIPT, TRANSCRIPTION [L. trans / over, across
+ scribo, scribere / to engrave, to write]
Transcribe: To make a copy of. To write down. To summarize or make a
record of. To record. To transfer from one place of record to another. In
music, to record for later play or broadcast. Transcript: A copy. The record of
a trial or proceeding prepared by a court reporter or stenographer. A word-
for-word reproduction of the testimony, arguments, rulings and instructions
during a trial. Also, the printed record prepared for submission to an appellate
court. Transcription: anything transcribed, but especially a musical composi-
tion or performance, or a recording made for broadcast.
TRANSFER [L. trans / over across + fero, ferre / to bear, carry]
To carry or convey from any place or from one person or thing to another
place, person or thing. To pass something from one place to another or from
one person to another. To deliver possession of. To convey title from one per-
son to another. To do or perform any act, e.g., a sale, gift or assignment, the
consequence of which is a change in possession or title to property. Also, the
instrument which operates to effect a transfer, e.g., a deed, trust instrument or
bill of sale. The transfer of jurisdiction is the movement of a case from a state
court to a federal court, or from one state or federal court to another, when the
relationship of the parties or the nature of the action require transfer. A trans-
fer tax is a tax upon the transfer of property, e.g., federal estate and gift taxes.
TRANSFER AGENT
A transfer agent is an agency, e.g., a bank or other institution, which is
appointed to handle and record the transfers of shares for a publicly held cor-
poration. The duties of the agent include accepting shares for transfer, issuing
new or replacement shares, mailing dividend checks, and maintaining the
official roster of shareholders for voting and distribution purposes.
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LATIN FOR LAWYERS
TRANSFEREE LIABILITY
The liability of a person taking title to property from another to a creditor of
the transferor, especially a tax creditor. In the case of taxes owed to the Inter-
nal Revenue Service, the transferree will be expected to make good any tax
liability left unpaid by the transferror, to the full extent of the value of the
property transferred.
TRANSFERRED INTENT
Transferred intent is a doctrine of criminal and tort law which makes the per-
petrator liable for all the consequences of the act which he intended to per-
form, whether or not he intended the specific consequences which developed
from his act. For example, if C fires a gun with intent to shoot A but shoots B
instead, his intent to commit a crime against A will be transferred to B, even
though C did not intend to shoot B.
TRANSGRESS [L. transgredior, transgredi / to cross or pass over]
To violate a command or order. To exceed prescribed limits. To trespass. To
commit a wrong or violation.
TRANSITORY ACTION
An action or litigation that may be brought or pursued anywhere the defen-
dant may be found and served, i.e., a law suit that does not depend upon some
local element which might cause a court to reject or dismiss the action for
lack of jurisdiction or under the doctrine of forum non conveniens. Actions
dependent upon some local element are called local actions. Generally, in
rem actions would be considered local and in personam actions transitory.
See FORUM NON CONVENIENS; IN REM; IN PERSONAM
TRANSIT TERRA CUM ONERE
(Title to) land passes along with its burdens and encumbrances.
TRANSMIT [L. trans / across + mitto, mittere / to send, dispatch]
To send, convey or carry from one place to another. To cause to spread. To
give through inheritance or intestacy. To send out or broadcast a signal over
radio or other electronic medium. To send to a bank or other agent for collec-
tion. To pay or submit for payment. A transmittal letter is a letter which
accompanies and refers to the delivery or execution of a document attached to
or accompanying the letter.
TRAVERSE [L. trans / across + verso, versare / to spin around, to twist
around]
To move in opposition to. To cross or go over. To deny or challenge. To deny
an allegation in a complaint or other pleading or indictment. Also, a general
423
TREASON
424
LATIN FOR LAWYERS
English common law, decided cases, law review articles, and other original
material relating to the field.
TREATY [L. tracto, tractare / to handle, manage]
A compact or contract between or among nations which has been negotiated
by representatives of the nations involved and then ratified, approved or for-
mally adopted by the agencies of those nations qualified and authorized to do
so. The result is a document having the force of law. Treaties of the United
States may be made by the President, by and with the consent of two-thirds of
the Senate. Constitution, Article II, Sec 2.
TRESPASS L. trans / across, to the other side + passim / here and there, far and
wide; or passus / stride, pace, step]
Any offense against law or legal authority. An invasion of the property rights
of others. To enter unlawfully upon the land of another. To encroach upon,
infringe or invade. Any unlawful intereference with the person, property or
rights of another. Also, an injury caused to the person or property of another
through an unlawful or forceful act.
TRESPASS DE BONIS ASPORTATIS
An action for goods taken. Title of the common law action for damages to the
plaintiff resulting from the taking by the defendant of plaintiff’s chattels.
TRESPASS ON THE CASE
Title of the common law action for damages to the plaintiff resulting from the
negligence of the defendant.
TRESPASS QUARE CLAUSUM FREGIT
Title of the common law action for damages to the plaintiff resulting from the
unlawful or unprivileged intrusion or entry by the defendant upon the real
property of the plaintiff.
See CLAUSUM FREGIT
TRESPASS VI ET ARMIS
Title of the common law action for damages to the plaintiff resulting from the
use by defendant of force and violence upon the plaintiff.
TRIBUNE, TRIBUNAL [L. tribunus / a person holding an official rank in
public service or in the army]
Any court of justice. A body entrusted with the power to hear and determine a
dispute. The body of judges comprising a particular court.
425
TURPIS CAUSA
426
LATIN FOR LAWYERS
UBERRIMA FIDES [L. uber, uberius, uberrime / rich, abundant; fully, com-
pletely + fides / trust, confidence]
The utmost good faith, such as the responsibility owed by an agent to his
principal or by an attorney to his client.
UBI JUS, IBI REMEDIUM
Wherever there is a legal right, there is also a remedy.
UBI JUS INCERTUM, IBI JUS NULLUM
The law requires certainty in meaning and in application; otherwise, there is
no law.
UBI QUIS DELINQUIT, IBI PENIETUR
A suspect should be tried and punished in the place in which the crime
occurred.
UBI SUPRA [L. ubi / where, when + supra / above, over]
Where (stated or written) above. Where cited above. Ordinarily shortened to
the one word supra, the term refers to a previous place in a text at which the
same matter, case, volume and page, etc., is cited.
See SUPRA
ULTERIUS NON VULT PROSEQUI (NON VULT)
He is unwilling to proceed further with the prosecution. The statement made
to the court by the prosecutor when he wished to discontinue a proceedings or
dismiss an indictment.
See NON VULT PROSEQUI
ULTIMA RATIO [L. ulter, ulterior, ultimus / the most, the highest, the last +
ratio / calculation, computation; reason, motive, theory]
The final argument; the last resort. Sometimes, a euphemism for war or hos-
tilities.
427
ULTIMATE
428
LATIN FOR LAWYERS
both their awards and issue a decision binding upon all parties. An official in
baseball or other sport who rules on plays.
UNA CUM OMNIBUS ALIIS
One of several things. Along with all other things.
UNANIMOUS, UNANIMITY [L. unanimus / of a single mind; agreed]
Unanimous: Approved by all. A consensus by all those participating. All of
one mind. Agreement by all present. A unanimous vote is a concurring vote
by all entitled to vote. A unanimous decision is a decision in which all the
judges of a court concur. A unanimous verdict is a verdict upon which all
jurors agree. Unanimity: the quality of being unanimous. Total agreement.
UNCONDITIONAL
Absolute, without condition of any kind. The law deals with unconditional
releases, unconditional promises, unconditional offers, unconditional accep-
tances. An unconditional discharge is the release of a prisoner from custody
without such conditions as parole or community service.
See CONDITION; CONDITIONAL
UNCONSCIONABLE, UNCONSCIONABILITY [L. un / not + con / against
+ scio, scire / to know, understand]
Unfair, inequitable. Against reason or public policy. In contract law, a con-
tract which is clearly unfair to one of the parties will be unenforceable under
the doctrine of unconscionability. The question for the court under the Uni-
form Commercial Code is “whether, in the light of the general commercial
background and the commercial needs of the particular trade or case, the
clauses involved are so one-sided as to be unconscionable…” § 2-302, Com-
ment 1.
UNCONSTITUTIONAL
Inconsistent with or violative of the provisions of the U.S. Constitution as
amended and as interpreted by the Supreme Court. A statute which is
declared unconstitutional is void and of no effect.
UNCONTESTABLE CLAUSE
A clause in an insurance policy which forecloses denial or contest of a claim
by the carrier after expiration of a prescribed period of time following the
date of the policy.
UNDERINSURED
Having less insurance than needed to cover the value of the property or risk
insured. An underinsured motorist is a motorist whose liability coverage is
inadaquate to pay the damages sustained by a person injured through his neg-
429
UNIFORM
ligence. Most states have laws which provide for indemnification of persons
injured or killed by underinsured motorists.
See UNINSURED
UNIFORM [L. unus, uni / one + formo, formare / to form, shape]
Consistent. Possessed of unchanging or undeviating form, manner or degree.
Unvarying. Constant. Similar in all essential respects. Legislators and law-
yers are engaged in a constant and dedicated effort to achieve uniformity in
the definition, construction, interpretation and application of the law. In this
effort, they devise and advocate Uniform Laws and Uniform Codes. These
uniform statutes are the work of the Commissioners on Uniform State Laws.
The Commissioners codify and promote certainty in the law, and their pro-
posals are often adopted by the states. In this way, we now have the Uniform
Commercial Code, the Uniform Controlled Substances Act, the Uniform
Divorce Recognition Act, the Uniform Penal Code, the Uniform Simulta-
neous Death Act, etc.
UNIFY, UNIFIED [L. unus, uni / one + facio, facere / to make, do]
To bring together as one. To make into a coherent whole.
UNILATERAL [L. unis, uni + latus / side, flank, border]
One-sided. An act done by one person or one party to a transaction. Concern-
ing one side of a subject. Requiring the act of one party to a contract. An offer
made by one party to another. A unilateral contract is an offer or promise by
one party to pay money or perform an act in return for an act or performance
by the other party. The offeree has the option whether or not to act or per-
form. Example: A says to B, “I will pay you $1,000 if you paint my house.”
A has made a unilateral promise to pay B upon completion of the work. B
does not have to perform, but if he does, A must pay him $1,000. A unilateral
mistake is a mistake by one party to a contract. To obtain rescision of the con-
tract, the party claiming the mistake must prove: that the mistake was with
respect to a basic assumption on which the contract was premised; that the
mistake had a material effect on the agreed exchange of performance; that he
did not bear “the risk of the mistake;” and, that enforcement of the contract
would be unconscionable, or that the other party knew or had reason to know
of the mistake or that the fault of the other party caused the mistake.
UNINSURED
To be without insurance to cover a specific loss. In most instances, the failure
of an individual to cover a loss or risk adequately is a matter of concern only
to him. However, in the case of uninsured motorists, the lack of adequate lia-
bility insurance may result in unreimbursed damages to persons who are
injured or killed by the negligence of the motorist. To provide against this, the
430
LATIN FOR LAWYERS
states have adopted uninsured motorist laws which reimburse these persons
for their damages.
See UNDERINSURED
UNION [L. unus, uni / one]
A consolidation of individuals or groups into a whole. The organization of
political units into a federation, as in the organization of the American states
into the federal union. Anything formed by a merger of parts. A labor union
is the organization of workers or employees into a single unit for the common
purpose of dealing with the employer. Unions concern themselves with
wages and working conditions and engage in the resolution of grievances, the
negotiation of collective bargaining agreements, and the representation of
workers before state and federal agencies. A union contract is a collective
bargaining agreement between the union and the employer covering such
matters as wages, seniority rights, adjustment of grievances, working condi-
tions, etc. The term union shop describes an employee union which workers
must join after a specified time as a condition of their employment. A craft
union is a union composed of workers with a common trade, e.g., carpenters,
electricians or welders. Union certification is the process by which the NLRB
declares that a particular union has qualified to represent a group of employ-
ees after affirmative vote of a majority of the affected workers.
UNIT, UNITARY, UNITY [L. unus, uni]
Unit: The number one. One part or component among several, used as a stan-
dard of measurement, as for units of time, space or value. A single constitu-
ent thing among other similar things making up a whole. One apartment or
home in a condominium. A bargaining unit is a labor union or other
employee organization qualified to bargain with the employer in behalf of the
employees. A unit assessment is a separate assessment for each parcel among
several owned by one owner in the same tax district. Unitary: Possessing the
character of a unit. Consisting of units joined together in one whole. Undi-
vided. Integrated. A unitary business is a business enterprise, usually one
involving a parent corporation and its subsidiaries, the activities of which are
highly integrated and interrelated and which is usually conducted interstate or
internationally. To determine whether a business is unitary, the regulatory and
taxing authorities will measure the extent to which each part depends upon
the others and the contribution which each part makes to the whole. The tax-
ing authorities of any one state or nation in which the unitary business oper-
ates will tax that percentage of the business’ total income which can be
reasonably attributed to its activities in that state or nation. Unity: The state of
being alone and not multiple. A separate and indivisible part of a whole. The
relationship among integrated parts, such as the instruments of an orchestra
or the chapters of a book. Joint tenants in real estate share several unities. The
431
UNIVERSAL
432
LATIN FOR LAWYERS
with all other general creditors in the assets of a debtor after the satisfaction
of all liens and security interests.
See SECURE
USE, USAGE [L. utor, uti, usus / to make use of; use; to possess, enjoy]
Use: The method or manner of employing or applying anything. Fair use in
copyright law is the right of persons other than the copyright owner to make
limited but reasonable use of the copyright material. The Copyright Act
defines the extent of basic use. Also, the right of a beneficiary in equity to
benefit from the income produced by an asset. Usage: An established pattern
of conduct which is common to a group or business. A well-defined mode of
activity or procedure which is generally followed in a particular place or
among businessmen and tradespeople in a particular industry or trade. Also,
the customary patterns of speech and language in a particular place or region.
Habitual conduct resulting in a pattern adhered to by many, as distinguished
from isolated acts or instances. Usage of the trade is a term of art recognized
by the Uniform Commercial Code § 1-205(2). The Code provides that any
practice regularly observed and followed by a particular trade or industry cre-
ates the presumption that it has been observed in the particular transaction at
issue.
USE IMMUNITY
See IMMUNITY FROM PROSECUTION
USQUE AD MELIUM FILUM AQUAE
As far as the middle of the stream.
USUCAPIO [L. uti / to use + capio, capere / to take or seize]
The acquisition of title to property by continued possession. Prescription
through use.
See ADVERSE POSSESSION
USUFRUCT [L. uti / to use + fruor, frui, fructus / to enjoy, take the benefit of]
The right to enjoy lawfully the fruits and profits of property belonging to
someone else. The right to enjoy an asset or thing.
USURA CONTRA NATURAM EST
Usury violates the laws of nature.
USURP, USURPATION [L. usurpo, usurpare / to use; to take over, appropri-
ate]
To seize or take possession of without the right to do so. To exercise a right or
power without proper authority. To take the place of. Remove; supplant;
replace. To seize an office, title or appointment by force, threats or intimida-
433
USURY
434
LATIN FOR LAWYERS
435
VAGUE, VAGUENESS
436
LATIN FOR LAWYERS
437
VENAL, VENALITY
438
LATIN FOR LAWYERS
439
VERBATIM
440
LATIN FOR LAWYERS
VERITATEM DICERE [L. veritas / the truth + dico, dicere / to speak or say]
(Will you) speak the truth. Words spoken or read to a venireman during the
preliminary examination into his qualifications to serve on the jury.
VERSUS (V., VS.) [L. verto, vertere / to turn, turn around; to drive away, rout]
Against. In contrast or opposition to. Used in the title of an action between
the name of the plaintiff and the name of the defendant to indicate that there
is a conflict pending between them which has been submitted to the court for
resolution.
VERTICAL [L. vertex / the head; the crown]
Perpendicular or at right angles to the plane made by the horizon. Running
directly upwards. Occupying the zenith or highest point. Vertical integration
is the integration in one company or group of companies of all related indus-
trial or commercial activity, from the source of production to the point of
sale. A simple vertical agreement is an agreement between buyer and seller
of a particular commodity; e.g., an agreement between a distributor and a
retailer. A vertical merger is the merger of two businesses that have a buyer-
seller relationship. The merger of the seller into the buyer is a forward
merger. The merger of the buyer into the seller is a backward merger. Vertical
price-fixing contracts are contracts under which two companies in a vertical
production-and-sale relationship agree to fix and/or maintain prices between
them. These contracts are forbidden by the anti-trust laws.
VEST, VESTED [L. vestio, vestire / to dress or clothe]
Vest: To come to rest in. To place in, or grant or transfer to, some person the
right to present and/or future enjoyment of an asset or estate. To pass title to
property, as in the case of an intestate decedent to his heir. To descend to; to
take effect in. To clothe with possession or give possession to. Also, to confer
authority or power to, as to vest all legislative powers in the Congress. To
give unconditional rights to, as to vest in qualified employees the benefits of a
company pension plan. Vested: Ownership or possession without condition or
restraint. Fully established and accrued. Fixed in scope. A vested right is a
property interest belonging unconditionally to someone and which cannot be
impaired or annulled. A vested estate is any present or future estate which is
unconditional and not subject to any performance by the holder.
VETO [L. veto, vetare / to forbid or prohibit]
To reject. To refuse to accept or approve. To exercise the power of an agency
of government to prevent action by another agency of government. If by the
President, to veto is to prevent an act of Congress from becoming law by
refusing or neglecting to approve it. A legislative veto is the name given to a
resolution or act of Congress nullifying a rule or regulation of an administra-
441
VEXATA QUAESTIO
tive agency. A pocket veto is the neglect or failure of the President to sign a
statute into law within the period specified for approval or rejection (10 days)
at a time when Congress is about to adjourn and will not be able to override
the veto. The statute will be uneffective.
VEXATA QUAESTIO [L. vexo, vexare / to annoy, trouble + quaestio / inquiry,
investigation; a judicial inquiry]
Troublesome questions or issues. Issues which a court has trouble deciding.
VEXATIOUS [L. vexo, vexare / to annoy, trouble, harass]
Troubling, difficult, annoying. An action underaken solely to annoy or harass.
A vexatious claim or lawsuit is a claim or action brought to harass and intim-
idate the opponent and not with intent to litigate or adjudicate legitimate
rights. An attorney who brings or supports vexatious litigation is subject to
discipline.
VIA ANTIQUA VIA EST TUTA
The old ways are the wiser ways.
VIA PUBLICA [L. via / a way or road + publicus / belonging to the people]
A public roadway.
VIA TRITA EST TUTISSIMA
The beaten or well-trodden path is the more reliable path.
VICARIOUS [L. vicarius / substituting one thing or person for another (from
vicis / change, interchange)]
Experienced through the thoughts and senses of another. Performed by one
person for the benefit and enjoyment of another. Serving as a substitute for. A
duty or responsibility imposed on one person for the acts of another. Vicari-
ous liability is liability imposed on one person for the conduct of another. The
law imposes vicarious liability upon an employer for the negligence of an
employee while acting in the furtherance and scope of his employment.
Vicarious liability may be imposed also as between employer and indepen-
dent contractor, parent and child, participants in a joint enterprise, etc.
VICARIUS NON HABET VICARIUM
Literally, a vicar cannot appoint a deputy. The sense of the phrase is that an
agent or representative of another cannot in turn delegate his assigned duties
to a third person but must perform them himself.
442
LATIN FOR LAWYERS
VICE [L. vitium / fault, defect, blemish; also, in a different sense, vicis /
change, in place of]
In the place or stead of. One who takes the place of or who acts for another
under defined circumstances, as the Vice-President or a vice-president, vice-
chairman or vice-principal. Also, in the other meaning of the word, a defect,
shortcoming or blemish. A moral fault or failure. Depravity; corruption; evil.
Sexual immorality; prostitution.
VICINAGE [L. vicinus / near, neighborhood]
A defined vicinity or district. The area around a place in which an action
arose or in which a crime was committed. The place in which venue exists.
Under the common law, a criminal defendant was entitled to a jury selected
from the vicinage, on the theory that his neighbors would be more apt to
know him and to treat him fairly.
VICTIM [L. victima / an animal offered in sacrifice]
Anyone adversely acted upon by another or by accident, natural events or cir-
cumstances. Anyone who suffers harm or injury or is subjected to violence or
mistreatment. Anyone who has suffered injury or harm from the commission
of a crime, tort or legal wrong. A victimless crime is a crime which does not
affect any individual other than the perpetrator but which offends or results in
injury to society in general, such as the crime of illegal possession of drugs.
VIDELICIT [L. videre / to see + licere / it is allowed]
That is to say; namely; to wit.
See VIZ.
VIDUITY [L. viduus / deprived, bereaved; a widow (from viduo, viduare / to
deprive of)]
Widowhood. The state of a woman whose husband has died.
VI ET ARMIS [L. vis, vi / force, power + et / and + arma / the weapons of war]
With force and arms. With violence. An act of violence.
See TRESPASS VI ET ARMIS
VIGILANT, VIGILANCE [L. vigil, vigilis / wakeful, watchful (from vigeo,
vigere / to be vigorous, flourish)]
Vigilant: Alert. Prepared for risk or danger. Watchful waiting. Careful to
avoid harm or temptation. Vigilance: The state of being watchful and aware
of impending or possible risk or danger. A vigilance committee or vigilante
committee is a volunteer committee without police or judicial authority orga-
nized to apprehend and punish criminals, often without regard for due pro-
cess of law.
443
VINCULO MATRIMONII
444
LATIN FOR LAWYERS
ing part of a tract of land but claiming the whole will be deemed by the law to
possess the whole as described in his claim. Virtual representation is the prin-
ciple under which all members of a class with similar claims are deemed to
be represented by the plaintiff bringing a suit.
VIRTUE, VIRTUOUS [L. virtus / manliness; excellence; worth; virtue]
Moral excellence. Conforming to principles of right. Established principles
of merit and excellence. Rectitude in conduct and attitude. A virtuous person
is anyone who adheres to accepted standards of morality.
VIRTUTE OFFICII [L. virtus / manliness, virtue, deeds of bravery + officium
/ duty, respect, service, office]
By virtue of office. Acts of an office holder which are authorized and within
his power but which he performs so negligently or improperly as to constitute
an abuse of office.
VIS, VIRES [L. force, power, strength]
Force, strength.
See ULTRA VIRES; EXTRA VIRES
VISA [L. viso, visere, visi / to inspect; to look at carefully]
An endorsement by an official of one country upon the passport of another
country of which the passport holder is a citizen, certifying that the passport
holder may proceed to enter and proceed through the first country. A visa is
required by the United States before a foreigner may enter the country.
VIS DIVINA [L. vis / force + divinus / noble; concerning a deity; divine]
An act of God.
VIS ET METUS [L. vis / force + metus / fear, dread (from metuo, metuere / to
fear)]
Force and fear.
VISITATION [L. visito, visitare / to visit, see often]
An official visit for purposes of review and inspection. The act of a public
agency which has supervisory authority over some institution, such as a hos-
pital or school, in entering upon and inspecting the institution to confirm
observance of the agency’s rules and specifications. The right of a parent to
spend time alone with a child in the custody of the other parent or of a guard-
ian. The right given to the relative of a prisoner to visit him in prison or to the
friends or relatives of a person confined to a mental institution to visit him.
VIS LEGIBUS EST INIMICA
Force and violence are the enemies of the law.
445
VIS MAJOR
VIS MAJOR [L. vis / force + magnus, maior, maximus / great, greater, great-
est]
A greater force, superior force; an act of God.
See FORCE MAJEURE; FORCE MAJESTURE
VITAL [L. vita / life]
Possessed of life and vigor. Necessary for the maintenance of life. Concerned
with life and living things. Of great importance. Vital statistics are the statis-
tics and data gathered by public agencies dealing with issues of health. They
include data on births, death, marriages and similar matters.
VITIATE [L. vitio, vitiare / to injure, damage, corrupt; to forge or falsify]
To make defective. To impair. To annul, cancel or render ineffective. To void
or make voidable. To make inoperable or nonbinding. For example, fraud is
said to vitiate a contract or a promise. To invalidate.
VIVA VOCE [L. vivo, vivere / to live, be alive + voco, vocare / to call, speak]
Literally, the voice that lives. Word of mouth. Expressed orally. The testi-
mony of a witness given orally before the trier of facts, instead of by deposi-
tion or transcript from a former record.
VIZ. [L. abbreviation for videlicet (videre / to see + licit, licere / it is allowed)]
As anyone can plainly see; clearly, plainly.
VOID [L. vacivus (or vocivus) / empty (from vacuo, vacare / to empty)]
Empty; deserted. A feeling of lack or deprivation. Having no legal force.
Legally ineffective or inoperable. Not recognized by the law for any purpose.
An instrument which cannot be enforced by any of the parties. A transaction
without legal consequence. A void instrument cannot be revived or renewed
by amendment.
VOID AB INITIO
Invalid and a nullity from its very inception. Void from the very beginning.
Never having existed in the eyes of the law. A contract is void ab initio if it is
for an illegal purpose or if it offends public policy. On the other hand, a con-
tract which is valid but which can be rescinded or avoided by one of the par-
ties because of a wrong by the other party is not void, but voidable.
See AB INITIO
VOIDABLE [L. vacivus / empty]
A transaction or agreement which, although valid, is subject to avoidance or
cancellation at the option of one of the parties. The Restatement of Contracts
defines a voidable contract as a valid contract in which one of the parties has
446
LATIN FOR LAWYERS
the power to avoid the legal relationships created by the contract, or to extin-
guish the power of avoidance by ratifying the contract. In some cases, a court,
rather than the parties, will act to declare void and of no further effect a void-
able instrument or transaction .
VOLENTI NON FIT INJURIA [L. volens / willing + non / no + facere / to
make, do + iniuria / injury, injustice, wrong]
A legal maxim standing for the principle that no legal wrong is done to a per-
son who consents. In tort law, it refers to the fact that one cannot usually
claim damages when he has consented to the activity or nuisance that causes
the damages. In commercial law, it sometimes precludes claims by parties
who enter into agreements which persons of ordinary prudence would not
entertain.
VOLUNTARY [L. volo, velle / to wish; to be willing]
By one’s own choice or will. Self-determined and initiated. Acting of one’s
own free will without inducement or influence by others. Having the power
of free choice. Not by compulsion or chance. A voluntary appearance in an
action is an appearance without judicial compulsion; the effect is to create a
waiver of process or of formal notice. A voluntary bankruptcy is a bank-
ruptcy initiated by the filing of a petition by the debtor rather than his credi-
tors. A voluntary dissolution is the dissolution of a corporation by resolution
of the stockholders. Voluntary manslaughter is a homicide committed inten-
tionally but without malice and in the heat of passion or other provocation. A
voluntary statement by an accused in a criminal matter is a spontaneous and
willing statement not induced by any extraneous influence or suggestion.
VOLUNTAS DONATORIS [L. volo, volle + dono, donare / to give, to present]
The will of the donor (sometimes also applied to a testator).
VOLUNTAS REPUTATOR PRO FACTO
To will an act is to commit the act.
VOLUNTEER [L. voluntarius / voluntary, volunteer]
A person who undertakes or agrees to undertake an act or service without
compulsion and without consideration. One who enters the military service
of his own free will and without being called into service in a draft. One who
intrudes into a matter which does not concern him, such as one who goes to
the aid of a victim in an accident or crime. One who pays the debt of another
when he has no legal obligation to do so and without being asked to do so by
the debtor.
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VOTE
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LATIN FOR LAWYERS
WRIT OF CAPIAS
See CAPIAS
WRIT OF CERTIORARI
See CERTIORARI
WRIT OF CORAM NOBIS
See CORAM NOBIS
WRIT OF EJECTMENT
See EJECTMENT
WRIT OF MANDAMUS
See MANDAMUS
WRIT OF NE EXEAT
See NE EXEAT
WRIT OF REPLEVIN
See REPLEVIN
WRITE OF SCIRE FACIAS
See SCIRE FACIAS
WRIT OF SUPERSEDEAS
See SUPERSEDEAS
WRITE OF VENIRE FACIAS
See VENIRE FACIAS
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AUTHOR’S NOTE
The letter X was a part of the Latin alphabet but was not used to begin
any word of relevance to lawyers. The letters Y and Z were used to
represent the Greek letters upsilon & zeta. Lawyers do not use any
Latin word beginning with either letter.
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