Latin Terms

Caveat:

A Latin term for a formal warning.`

Quid pro quo:

A Latin term which literally means "something for something." This concept of getting something of value in return of giving something of value is similar to the contractual concept of consideration.

Ultra Vires:

A Latin term, which means, "beyond powers." Ultra vires denotes an action which is outside the powers granted by law. Such actions are considered to be illegal. In short, any action done by any individual or entity beyond their powers is considered as ultra vires.

En banc:

A case that is heard by all of the judges of a particular court, as opposed to a quorum.

Caveat Emptor:

A common law rule, which is a Latin term meaning, "let the buyer beware." This rule applies to the sale of all goods; the buyer has the full responsibility to check and verify the quality of the goods for sale or the title to the land, in case of real estate.

Juris Doctor:

A juris doctor is the degree awarded to a student who has completed his or her graduation in law in the United States.

Locus classicus:

A passage that has become a standard for the elucidation of a word or subject; a classic case or example.

Guardian ad litem:

A person charged with representing a minor child in court (ad litem = "for the suit.")

Locus standi:

A right to bring an action or a right to address a court on a matter before it. For example, a person whose right is violated has the right to approach a court, provided there is sufficient reason to bring an action; legal standing.

Estoppel:

A rule of law that prevents a person from denying or asserting certain facts on account of his own actions which resulted in proving those facts earlier. The court does not allow a contradiction of something that you have already accepted as true.

Dicta or Dictum:

A statement of law made by a judge in the course of a decision of the case, but not necessary to the decision of the case itself, is called a dictum, and often as obiter dictum. These are not binding on the parties and often go beyond the occasion, and lay down a decision which is unnecessary for the purpose at hand. Plural is dicta.

De facto:

Actual; by fact; exercising power or serving a function without being legally or officially established: de facto segregation; a de facto government (as opposed to de jure).In simple terms, it means 'in fact'. Even when it is not a legal or formal authority or right, some rights are recognized as de facto rights. For example: A de facto guardian is not a legal guardian, i.e. he is not a natural guardian nor is he appointed by law. If a person, even though he is a stranger, who is interested in the child and takes charge of the minor and his property, he is called a de facto guardian.

Mala fides

An action done in bad faith. A person who buys stolen goods with the knowledge that they are stolen is said to be a mala fide buyer. It is opposed to a bona fide purchaser, who buys the goods without knowing that they are stolen

Ad hoc:

For a specific purpose. This term is commonly used as ad hoc committees, which are created for specific purposes.

Recant:

From Latin recantare, to sing again. To withdraw or disavow (a statement, opinion, etc.), especially formally; retract.

Recuse:

From Latin recusare, to refuse, to make an objection. To disqualify (oneself) as judge in a particular case; to remove (oneself) from participation to avoid a conflict of interest.

Redact:

From Latin redactus, to drive back. To obscure or remove (text) from a document prior to publication or release

Quasi:

From the Latin "resembling, equivalent to," this means having some resemblance due to the possession of certain attributes.

Pro bono publico:

Latin "for the good of the public." Legal advice rendered at no charge. This phrase is usually shorted to pro bono (for the good).

Obiter dictum:

Latin for "'things said by the way." An opinion, remark or comment made by a judge which does not form an important part of the court's decision; it is basically a side opinion which is not an integral part of the judgment. Also dictum.

Supra:

Latin for "above." In legal briefs and decisions it refers to the citation of a court decision which has been previously mentioned. Thus, a case when first cited will be referred to as Guinn v. United States, (1915) 238 U. S. 347, meaning it can be found in volume 238 of the United States Reports (of the Supreme Court) at page 347 and was decided in 1915. The next time the case is cited as Guinn v. United States, supra.

Corpus delecti:

Latin for "body of crime." It means that a crime must be proven before one can be convicted; the fact of a crime having been actually committed.

In loco parentis:

Latin for "in place of the parent," this phrase refers to an individual who assumes parental status and responsibilities for another individual, usually a young person, without formally adopting that person.

Stare decisis:

Latin for "let the decision stand". The legal principle of following precedents in deciding a case; the idea that future decisions of a court should follow the example set by the prior decisions; settled law.

Jus sanguinis:

Latin for "right of blood." Citizenship that is determined by one's parentage as opposed to the place where one was born.

Jus solis:

Latin for "right of the soil." Citizenship that is determined by where one was born; birthright citizenship.

Per curiam:

Latin for "through the court," this term refers to an anonymous (unsigned) ruling by an appellate court.

Mandamus:

Latin for "we command." A writ or order that is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation, or individual to perform, or refrain from performing, a particular act, the performance or omission of which is required by law as an obligation.

Pro tanto:

Latin phrase meaning "for so much," this refers to a partial payment on a legal claim

Jus naturale:

Latin term for "natural law." It is the set of principles that are not derived from the constitution or any legal authority, but from God, and are applicable to all human beings.

Jus gentium:

Latin term for derived from the customs of all nations

A Priori:

Latin term, which means that "from the cause to the effect." It is based on the assumption that if the cause is a generally accepted truth, then a particular effect must follow. So, a priori judgment is considered to be true, but based on presumption and not on factual evidence.

Ipso facto:

Latin term, which means, "by the act itself". It is used by lawyers when the point is so clear that there is no need for any elaboration.

Ante:

Latin, "before." Used in a legal document to point a reader to a previous reference

Habeas corpus:

Latin, "have the body." A writ of habeas corpus is designed to afford immediate relief from illegal confinement or restraint. Such a court order directs the authorities to bring the detained person before the judge for a hearing to determine the legality of the detention.

Remand:

Latin, remandare, to repeat a command. To order; to send back (a case) to another court or agency for further action.

Ex Parte:

The Latin expression means "for one party," where the court allows only one party to be present to pass an order for the benefit of that party itself. This is an exception to the general rule where both the parties have to be present for the judge to pass an order

Certiorari:

The Latin term, which means "to be informed of." Certiorari, which is otherwise called cert, is a type of writ seeking judicial review. This legal term refers to the order issued by a higher court to an inferior court, tribunal or public authority, directing the latter to certify certain records in a particular case and return to the former. The mechanism was adopted by the Supreme Court of the United States in order to manage the rising number of petitions of certiorari--called the 'cert pool'

Amicus Curiae:

The literal meaning of this Latin term is "friend of the court." It can be a person who is not a party to the case, but is allowed by the court to provide support for the case, as well as additional information.

Prima facie:

The term prima facie is derived from a Latin word meaning "at first look" or "on its face." It means that there is enough evidence before a trial to prove the case, unless there's significant contradictory evidence shown at the trial. A prime facie case has to be presented to the Grand Jury by the prosecution in order to get an indictment.

Jurisprudence:

The word jurisprudence comes from the Latin word juris prudentia, which means the study of knowledge or science of law. It covers the study of the entire legal system and legal philosophies.

De Novo:

This Latin term means "new." It is usually used in case of a new or fresh trial. (as if a previous partial or complete decision had not been made)

Ex Post Facto:

This means "after the fact." These laws make an act which was legal when committed, illegal after committing it. These laws are specifically prohibited by the US Constitution, Article I, Section 9.

Inter alia:

among other things; often found in legal pleadings and writings to specify one example out of many possibilities. Example: "The judge said, inter alia, that the time to file the action had passed."

De jure:

by right; according to law (as opposed to de facto).

Modus operandi

his Latin term means the method of committing a crime. It is also referred to as M.O., which can be used to identify a person who has committed a crime,