actio pro socio Klage eines Gesellschafters für die anderen Gesellschafter
actus contrarius Rechtsgeschäft, das die Änderung eines anderen Rechtsgeschäfts bezweckt
Aliud etwas anderes (als geschuldet)
cessio Zession, Abtretung
cessio legis gesetzlicher Forderungsübergang
clausula rebus sic stantibus Geschäftsgrundlage
conditio sine qua non Bedingung, ohne die etwas nicht wäre
contra legem gegen das Gesetz (gegen den Gesetzeswortlaut)
culpa in contrahendo Verschulden bei Vertragsschluß
culpa in elegio Auswahlverschulden
da mihi facta, dabo tibi ius Gib mir Fakten und ich werde die Recht geben
de iure nach der Rechtslage (von Rechts wegen)
de lege ferenda vom Standpunkt des zukünftigen Gesetzes oder Rechts
de lege lata nach geltendem Gesetz oder Recht
in fraudem legis unter Umgehung des Gesetzes
iura novit curia Das Gericht kennt das anzuwendende Recht
ius cogens zwingendes Recht
ius dispositivum nachgiebiges Recht
ius variandi Wahlrecht des Käufers
lex fori Gesetz, das am Gerichtsort gilt
lex generalis allgemein geltendes Recht
lex specialis besonders Recht
lex specialis derogat legi generali das besondere Recht geht dem allgemeinen Recht vor
non liquet es besteht keine Klarheit, Beweisgrundsatz
nulla poene sine culpa keine Strafe ohne Schuld
nulla poena sine lege keine Strafe ohne Gesetz
obiter dictum beiläufig erwähnte (Rechts-)Ansicht
prima facie auf den ersten Anschein
reformatio in peius Verböserung, Entscheidung eines Rechtsmittelgerichts zuungunsten des Rechtsmittelführers
res extra commercium
nicht handelbare Gegenstände venire contra factum propium widersprüchliches Handeln
volenti non fit iniuria dem, der etwas gewollt hat, geschieht kein Unrecht
Abusus non tollit usum. L'abus n'enlève pas l'usage.
Accessorium sequitur principale. L'accessoire suit le principal.
Adhuc sub judice lis est. Le procès est encore devant le juge.
Dura Lex, Sed Lex. Dure est la Loi, mais c'est la Loi.
Pacta sunt servanda. Les Traités doivent être respectés.
Ex nudo pacto non oritur actio. Du pacte nu, aucune action ne peut naître.
Exceptio est strictissimae interpretationis. L'exception est d'interprétation stricte.
In conventionibus contrahentium voluntatem, potius quam verba spectari placuit. On doit dans les conventions rechercher la volonté commune plutôt que de s'arrêter au sens littéral des termes.
Is fecit cui prodest. Celui-là a fait, à qui la chose faite est utile.
Is pater est, quem nuptiae demonstrant. Celui-là est le père, que le mariage légal désigne.
(L'enfant conçu pendant le mariage est réputé avoir pour père le mari).
Jus est ars boni et aequi. Le Droit est l'art du bien et du juste. (Digeste).
Lex est quod notamus. Ce que nous écrivons fait Loi. (Devise de la chambre des notaires, à Paris).
Nemo censetur ignorare legem. Nul n'est censé ignorer la loi.
Nemo plus juris ad alium transferre potest quam ipse habet. Personne ne peut tranmettre à autrui plus de droits qu'il n'en a lui-même.
Non bis in idem. Non deux fois pour la même chose. On ne peut être jugé deux fois pour le même délit.
Res judicata pro veritate habetur. La chose jugée est tenue pour vérité.
Res perit emptori. Les risques pèsent sur l'acheteur.
Res perit domino. Les risques pèsent sur le propriétaire.
Summum jus, summa injuria. Excès de Justice, Excès d'injustice.
Ubi lex non distinguit, nec nos distinguere debemus. Là ou la loi ne distingue pas, l'interprète ne doit pas distinguer.
Volenti non fit injuria. On ne fait pas tort à celui qui consent.
A verbis legis non est recedendum | You must not vary the words of a statute. |
Absoluta sententia expositore non indiget |
When you have plain words capable of only one interpretation, no explanation of them is required. |
Abundans cautela non nocet | There is no harm done by great caution. |
Accusare nemo se debet; accusare nemo se debet nisi coram Deo | No one is bound to accuse himself except to God. |
Acta exteriora indicant interiora secreta |
External actions show internal secrets, i.e., intention may be inferred from a person's actions. |
Actus curiae neminem gravabit |
An act of the Court shall prejudice no one. |
Adversus extraneos vitiosa possessio prodesse solet |
Prior possession is a good title of ownership against all who cannot show a better. |
Aedificatum solo, solo cedit |
What is built on the land is to be regarded as having become part of the land. |
Aequitas sequitur legem | Equity follows the law. |
Affirmanti non neganti incumbit probatio |
The burden of proof is upon him who affirms, not upon him who denies. |
Ambulatoria est voluntas defuncti usque ad vitae supremum exitum |
The will of a deceased person is ambulatory [revocable] until the last moment of life. |
Audi alteram partem | Hear the other side. |
Clausulae inconsuetae semper inducunt suspicionem | Unusual clauses always excite suspicion. |
Consuetudo est altera lex | A custom has the force of law. |
Contemporanea exposito est optima et fortissima in lege | The best way to construe a document is to read it as it would have read when made. |
Cujus est dare ejus est disponere |
He who gives anything can also direct how the gift is to be used. |
Cujus est solum ejus est usque ad coelum |
Whose is the soil, his is also that which is above it. |
De minimis non curat lex |
The law does not concern itself with trifles. |
Debitor non praesumitur donare | A debtor is not presumed to give. |
Delegatus non potest delegare | A delegate cannot delegate. |
Domus sua cuique est tutissimum refugium | To everyone his house is his surest refuge. |
Dona clandestina sunt semper suspiciosa |
Clandestine gifts are always to be regarded with suspicion. |
Eodem modo quo oritur, eodem modo dissolvitur | What has been effected by agreement can be undone by agreement. |
Ex dolo malo non oritur actio |
No right of action can have its origin in fraud. |
Ex maleficio non oritur contractus |
A contract cannot arise out of an illegal act. |
Ex nudo pacto non oritur actio |
No right of action arises from a contract entered into without consideration. |
Ex turpi causa non oritur actio | An illegal contract cannot be enforced. |
Expedit reipublicae ut finis sit litium |
It is in the public interest that the decision of cases should be final. |
Expressio unius personae vel rei, est exclusio alterius | The express mention of one person or thing is the exclusion of another. |
Fractionem diei non recipit lex |
The law does not recognize any fraction of a day. |
Fraus omnia vitiat | Fraud vitiates everything. |
Frustra legis auxilium quaerit qui in legem comittit | He who offends against the law vainly seeks the help of the law. |
Generalia specialibus non derogant |
General things do not derogate from special things. |
Ignorantia juris quod quisque scire tenetur non excusat |
Ignorance of the law, which everybody is supposed to know, does not constitute an excuse. |
Impotentia excusat legem |
Impossibility of performance of a legal obligation is a good excuse. |
In pari causa potior est condition possidentis |
Everyone may keep what he has got, unless and until someone else can prove a better title. |
Injuria non excusat injuriam | One wrong does not justify another. |
Interpretatio chartarum benigne facienda est ut res magis valeat quam pereat |
The construction of deeds is to be made liberally, so that the thing may survive rather than perish. |
Lex non requirit verificari quod apparet curiae | The law does not require verification of that which is apparent to the Court. |
Mala grammatica non vitiat chartam | Bad grammar does not vitiate a deed. |
Nemo agit in seipsum |
No one can take proceedings against himself. |
Nemo contra factum suum proprium venire potest | No one can go against his own deed. |
Nemo debet esse judex in propria causa | No one can be judge in his own cause. |
Nemo potest facere per alium, quod per se non potest | No one can do through another what he cannot do himself. |
Nemo tenetur ad impossibile |
No one is required to do what is impossible. |
Non aliter a significatione verborum recedi oportet quam cum manifestum est aliud sensisse testatorem |
There should be no departure from the ordinary meaning of words except where it appears that the testator meant something different. |
Non videntur qui errant consentire |
Those who are mistaken are not deemed to consent. |
Noscitur a sociis |
The meaning of a word can be gathered from the context. |
Omnia praesumuntur rite et solemniter esse acta | All acts are presumed to have been done rightly and regularly. |
Qui facit per alium facit per se |
He who acts through another is deemed to act in person, i.e., a principal is liable for the acts of his agent. |
Qui prior est tempore potior est jure |
He who is first in time has the strongest claim in law. |
Res inter alios acta alteri nocere non debet |
A transaction between others does not prejudice one who was not a party to it. |
Rex non potest peccare | The King can do no wrong. |
Sic utere tuo ut alienum non laedas |
So use your property as not to injure your neighbour's. |
Verba chartarum fortius accipiuntur contra proferentem | The words of deeds are to be interpreted most strongly against him who uses them. |
Volenti non fit injuria |
ad hoc for this purpose
amicus curiae friend of the court
bona fide in good faith
corpus delicti body of the crime material evidence that crime has occurred
cui bono for what good purpose
de facto according to the fact or deed
de jure according to the law
et uxor and (his) wife
ex officio in virtue of the office held
ex post facto from the deed afterwards (acting retroactively
habeas corpus you may have the body (writ requiring party be brought to court promptly
male fide in bad faith
in flagrante delcito in the act
in prope persona in one's own person - without lawyer
ipso facto by the very deed
modus operandi manner of working, operating
nollo prosequi I don't wish to prosecute (will drop all part of suit)
nolo contender I will not contend (plea equal to admission of guilt but allows recourse to deny the matter in subsequent proceedings)
non compos mentis not of sane mind
obiter dictum by heads, individually
onus probandi burden of proof
per se in itself
prima facie at first sight
pro forma as a matter of form only
pro tempore (pro tem) for the time being, temporarily
quid pro quo something for nothing - fair exchange
sine die without a day - set for reconvening
subpoena under penalty
|
AB INITIO it should be said that there is a good prima facie case for the decision of Lord Irvine, the Lord High Chancellor, to simplify the language used in court as part of the civil law reforms which bear the imprimatur of the Master of the Rolls, Lord Woolf. From April 26[1999] Lord Irvine wants lawyers, pro bono publico, to be much more straightforward in the way they speak pendente lite. Out will go, inter alia, hearings in camera or ex parte. In will come hearings in private or without notice. Plaintiffs will be replaced by claimants. Newspaper editors will no longer live in terror of writs. Instead they will tremble at claim forms. Mr Anton Piller will soon be forgotten except in cobwebbed old tomes. The eponymous legal term will be succeeded, ad infinitum and sine die, by a plain old search order.
News of the proposed changes was announced by electronic fiat on Lord Irvine's website and it is as yet unclear whether more traditional lawyers will view them as a casus belli or as an act of force majeure which defy restitutio in integrum. The lingua franca of the law may be baffling to the lay person but that, surely, was part of its charm and all of' its function. Lord Hoffmann's judicial colleagues recently found that he was "a judge in his own cause," a phrase which lacks any undertones of majesty or even mystery. How much more satisfying if they had pronounced that he had offended the basic principle of nemo debet esse judex in propria? Would his noble lordship then have shrugged the matter aside so lightly? Per contra, we think. Matters that are sub judice or lis pendens have a forbidding ring to them which is sadly lacking in "pending litigation". Ultra vires is not without authority as a piece of legalistic verbiage: habeas corpus, translated into English, lacks a certain body.
All this could, in time, have a serious impact on another old legal concept, derived either from the Latin feudum, the Old English feoh, or some say, the Frankish fehu-od. Nowadays most lawyers tend to refer to them simply as "fees". They customarily arrive in the form of a "bill" (from med. Lat, bulla) and elaborately set out the price of, exempli gratia, interlocutory this, mandamus that, half a dozen subpoenas, two dozen affidavits and a fair old quantum of res ipsa loquiturs. The distilled wisdom of centuries goes into the construction of these magnificent documents. Is Lord Irvine really saying that under New Labour lawyers will be required to abandon this age old modus operandi and tell their clients what they've been up to in plain English? It is difficult to imagine a, greater scandalum magnum for rotund felines fom Gray's Inn to the Middle Temple As the traditional Latin saying goes: Caveat feles obesus!
ab initio from the beginning
prima facie at first appearance
imprimatur imprint; lit "let it be printed"
pro bono publico for the public good
pendente lite; lis pendenswhile judgment is pending; a case in progress
inter alia among other things
in camera in private; lit."in a room"
ex parte prejudiced; lit: from a part/party
ad infinitum for ever
sine die for ever; lit "without day/date"
fiat command; lit "let it be done"
casus belli a ground for war
restitutio in integrum complete restoration, putting back as new
lingua franca international language (lit "Frank tongue" - the Arabs in the middle ages called all Europeans "Franks" - though strictly applying only to the Teutonic tribes who conquered Gaul in 6th century AD. It was a mediterranean mixture of Italian, French, Greek, Arabic mutually understood)
nemo debet esse iudex in propria nobody must be a judge in his own [case]
per contra the opposite sub judice pending; lit "under the judge"
ultra vires in excess of the power possessed; lit "beyond strength"
habeas corpus "you are to produce the body"
exempli gratia for sake of example [e.g.]
mandamus a writ [so called from the first "We command..."]
subpoena a writ commanding a person to appear in court to give evidence; lit. "under penalty" because the person was bound to appear sub poena centum librorum [£100]
affidavit a sworn deposition
quantum amount; lit "how much"
res ipsa loquitur open and shut case; lit "the thing itself speaks"
modus operandi method of working
scandalum magnum a great stumbling-block (original meaning of "scandal")
caveat feles obesus let the fat cat watch out!
a fortiori - according to Webster: "with greater reason or more convincing force -- used in drawing a conclusion that is inferred to be even more certain than another.
a posteriori - from effect to cause; from particular to general; inductive (based on observation or experience).
a priori - from cause to effect; from generalization to particular; deductive; presupposed by or reasoning from self-evident propositions (based on theory rather than practice).
amicus curiae - "friend of the court"; a person with a strong interest in or views on the subject matter of a given legal action may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest.
contra legem - "against the law" (term used to describe an equitable decision of a court or tribunal that is contrary to the law governing the controversy. Such a decision would not normally be permitted unless the tribunal had been empowered to act ex aequo et bono). As opposed to intra legem.
de facto - in fact (as opposed to in law, de jure)
de lege ferenda - what the law ought to be (as opposed to what the law is, lex lata).
de lege lata - what the law is (as opposed to what the law ought to be, de lege ferenda).
de jure - in law (as opposed to in fact, de facto).
erga omnes - "toward all" wrongful acts that harm everyone and not simply one injured party)
estoppel - the requirement of consistency in legal argumentation.
ex aequo et bono - a judgment based on considerations of fairness, not on considerations of existing law. Such a judgment is rendered "beside" or "against the law" (praeter legem or contra legem), not within the law (infra legem or intra legem).
ex propio motu - on its own accord.
inter alia - among other things.
intra fauces terra - "in the jaws of the land." a principle for defining territorial seas.
intra legem - "within the law" (term used to describe an equitable decision of a court or tribunal that is consistent with the rules of law governing the controversy). As opposed to contra legem.
ipso facto - by the fact (or act) itself.
jus inter gentes - "law among peoples" (nations).
jus civile - law created within each country.
jus cogens - "compelling law," peremptory principles of international law that cannot be overriden by specific treaties between countries; that is: norms that admit of no derogation; they are binding on all states at all times (e.g., prohibitions on aggression, slavery, and genocide)..
jus gentium - "law of peoples" or "law of tribes," a body of law developed by a Roman praetor peregrinus; applied to non-Romans in the Empire and to dealings between Romans and non-Romans.
jus naturale - law of nature.
jus sanguines - the "right of blood" or "law of descent" - at birth an individual acquires the nationality of her or his parents. In contrast to jus soli.
jus soli - the "law (or right) of the soil" - the legal principle that an individual's nationality is determined by that person's place of birth (that is, the territory of a given state)
lacunae - "holes" in the law; a gap or blank in a writing.
lex communis - the common law; the body of law developed by human practice.
lex lata - what the law is (as opposed to what the law ought to be, de lege ferenda).
lex posterior derogat priori - more recent law prevails over (abrogrates, overrrules, trumps) an inconsistent earlier law. One test that is applied in circumstances when (1) both customary and treaty sources of law exist and (2) these two sources cannot be construed consistently.
lex scripta - written, "black letter" law
lex specialis derogat generali - specific law prevails over (abrogrates, overrrules, trumps) general law. One test that is applied in circumstances when (1) both customary and treaty sources of law exist and (2) these two sources cannot be construed consistently.
locus delicti - The place of the offense.
male captus, bene detentus - "badly captured, well detained," the legal principle that permits the trial of an improperly seized defendant; in U.S. practice, articulated by the "Ker-Frisbie doctrine"
mare clausum - closed seas; as opposed to mare liberum (freedom of the seas)
mare liberum - freedom of the seas; as opposed to mare clausum (closed seas)
mesne assignment - an "assignment" is a transfer or making over to another of the whole of any property, real or personal, or of any estate or right therein; a "mesne assignment" (from the Old English "mesne" for "intermediate, intervening") is an assignment intervening between an original grant and the last assignment
mutatis mutandis - "when what must be changed has been changed," after making the necessary changes; with alterations to fit the new circumstances. For example: "The new provisions governing the tribunal's operations are to apply as well to the court's operations, mutatis mutandis.
non liquet - the law is insufficient to provide a decision
opinio juris sive necessitatis - (or simply, opinio juris) the perception that a given behavior is required by law, that it is legally obliged, a duty. (as opposed to behaviors that are motivated by other concerns, or simply random or habitual behavior).
pacta sunt servanda - the doctrine that agreements must be observed (that is: honored, obeyed).
persona non grata - An unwelcome person -- this is the basis of expulsion in diplomatic exchanges.
praetor peregrinus - the Roman magistrate who devised the rules of the jus gentium
prima facie - "at first sight," on the face of it, on first consideration. Something presumed or inferred to be true, unless proven otherwise. The standard of evidence applied at U.S. extradition hearings.
quod hoc - on this matter.
ratio scripta - "written reason," the assessment of Roman law commonly held in the Medieval period
rebus sic stantibus - "matters standing thus," "things staying as they are" - the doctrine that treaty obligations hold only as long as the fundamental conditions and expectations that existed at the time of their creation hold.
res judicata - "a matter adjudged ", the legal principle common to many municipal law systems that provides that a matter is settled once a final judgment has been made. Arguably, a general principle of international law under Article 38 (1)(c) of the I.C.J. Statute.
sine qua non - "without which not," an indispensable condition, a prerequisite
res publica christiana - the community of Christian nations.
stare decisis - The doctrine that previous court decisions establish binding precedent for future cases of similar situations; that is, that courts will abide by previously decided cases. Stare decisis is inapplicable to the I.C.J..
terra nullius - land without an owner ("no man's land"); territory that may be acquired by a state's occupation of it
ultra vires - "beyond the powers "; in excess of the authority conferred by law, and hence, invalid, lacking legal effect
uti possidetis - "as you possess", so you may continue to possess
vel non - "or not "
accusator - prosecutor
advocatus - supporter
testes - witnesses
jus (ius) - right, law
consilium - panel of experts
defendo, -ere, defendi, defensus
judices - judges
ius, iuris - right, law
lis, litis - legal contention or controversy
magistratus - magistrate
patronus - lawyer, one with clients
prosequi - to pursue, prosecute
reus - defendant scribae-recorders
Ab extra - From outside
Ab inito - From The beginning
Accessorius sequitur - Accessorius sequitur One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender
Actus reus - A guilty deed or act
Ad hoc - For this purpose
Ad infinitum - For ever, without limit, To infinity
Alibi - At another place, Elsewhere
Aliunde - From elsewhere, or, from a different source
Amicus curiae - A friend of the court
Ante - Before
Bona Fide - Sincere, In good faith
Bona vacantia - Goods without an owner
Cadit quaestio - The matter admits of no further argument
Certiorari - Originally a writ from a High Court to a lower Court
Ceteris peribus - Other things being equal
Consensu - Unanimously or, by general consent
Consensus ad idem - Agreement as to the same things
Contra - To the contrary
Contra bonos mores - Contrary to good morals
Coram non judice - Before one who is not a judge
Corpus - Body
Corpus delicti - The body of the offence
Custos morum - A guardian of morals
De bonis asportatis - Of goods carried away
De die in diem - From day to day
De facto - In fact
De futuro - In the future
De integro - As regards the whole
De jure - Rightful, by right
De lege ferenda - what the law ought to be (as opposed to what the law is)
De lege lata - what the law is (as opposed to what the law ought to be)
De novo - Starting afresh
Doli incapax - Incapable of crime
Dominium - Ownership
Dubitante - Doubting the correctness of the decision
Ei incumbit probatio qui - The onus of proving a fact rests upon the man
Et cetera - Other things of that type
Ex cathedra - With official authority
Ex concessis - In view of what has already been accepted
Ex facie - On the fact of it
Ex gratia - Out of kindness, voluntary
Ex parte - Proceeding brought by one person in the absence of another
Ex post facto - By reason of a subsequent act
Faciendum - Something which is to be done
Factum - An act or deed
Fructus naturales - Vegetation which grows naturally without cultivation
Idem - The same person or thing
Id est (i.e) - That is
In camera - In private
In delicto - At fault
Indicia - Marks, signs
In esse - In existence
In extenso - At full length
In futoro - In the future
In limine - At the outset, on the threshold
In loco parentis - In place of the parent
In omnibus - In every respect
In pleno - In full
In situ - In its place
Inter alia - Amongst other things
Interium - Temporary, in the meanwhile
In terrorem - As a warning or deterrent
Ipsissima verba - The very words of a speaker
Ipso facto - By that very fact
Jus - A right that is recognised in law
Jus naturale - Natural justice
Locus in quo - Scene of the event
Magnum opus - A great work of literature
Mala fides - Bad faith
Mens rea - Guilty state of mind
Nemo dat quod non habet - On one can give a better title than he has
Nexus - Connection
Nisi - Unless
Non compus mentis - Not of sound mind and understanding
Non constat - It is not certain
Non est factum - It is not his deed
Non sequitur - An inconsistent statement, it does not follow
Onus probandi - Burden of proof
Orse - Otherwise
Par delictum - Equal fault
Pari passu - On an equal footing
Per curiam - In the opinion of the court
Per minas - By means of menaces or threats
Per quod - By reason of which
Post mortem - After death
Prima facie - On the face of it
Prima impressionis - On first impression
Pro hac vice - For this occasion
Pro rata - In proportion
Pro tanto - So far, to that extent
Pro tempore - For the time being
Publici juris - Of public right
Quaere - Consider whether it is correct
Quaeitur - The question is raised
Quantum - How much, an amount
Quid pro quo - Consideration. something for something
Re - In the matter of
Res - Matter, affair, thing, circumstance
Res Gestae - The thing done
Res nulis - Nobody’s property
Sciens - Knowingly
Secus - The legal position is different, it is otherwise
Se defendendo - In self defence
Stet - Do not delete, let it stand
Sub modo - Within limits
Sub nomine - Under the name of
Sub silentio - In silence
Suggestio falsi - The suggestion of something which is untrue
Sui generis - Unique
Suppressio veri - The suppression of the truth
Talis qualis - Such as it is
Uberrima fides - Good faith
Uno flatu - At the same moment, with one breath
Verbatim - Word by word, exactly
Vice versa - The other way around
Vide - See
Volens - Willing
Leges vigilantibus, non dormientibus, subveniunt. - ” The laws aid the vigilant, not the negligent.”
Leges humanae nascuntur, vivunt, moriuntur. - “Human laws are born, live, and die.”
In quo quis delinquit, in eo de jure est puniendus. - “In whatever thing one offends, in that is he rightfully to be punished.”
Commodum ex injuria sua nemo habere debet - - “No person ought to have advantage from his own wrong.”
Ei incumbit probatio, qui dicit, non qui negat; cum per rerum naturam factum negantis probatio nulla sit. “The proof lies upon him who affirms, not upon him who denies; since, by the nature of things, he who denies a fact cannot produce any proof.”
Ignorantia legis neminem excusat. - “Ignorance of the law, which every one is bound to know, excuses no man.”
Melius est in tempore occurrere, quam post causam vulneratum remedium quaerere. - “It is better to meet a thing in time than after an injury inflicted to seek a remedy.”
Res accedent lumina rebus. - “One thing throws light upon others.”
amicus curiae - friend of the court
bona fide - good faith
caveat emptor - buyer beware
de jure / de facto - according to law / according to fact
ex post facto - resulting after the fact
habeas corpus - produce the body
ignorantia legis neminem excusat - ignorance of the law is no excuse
modus operandi - method of operation
nemo est supra leges - no one is above the law
nolo contendere - no contest
non compos mentis - not mentally competent
onus probandi - the burden of proof
pro tempore - for the time being
publicam bonum privato est praeferendumont - the public good is preferred to the private good
"Longa possessio parit jus possidendi, et tollit actionem vero domino" = Long possession produces the right of possession, and takes away from the true owner his action. Co. Litt. 110.
"Longum tempus, et longus usus qui excedit memoria hominum, sufficit pro jure" = Long time and long use, beyond the memory of man, suffices for right. Co. Litt. 115.
"Melior est conditio possidentis et rei quam actoris" = Better is the condition of the possessor and that of the defendant than that of the plaintiff. 4 Co. Inst. 180.
"Melior est causa possidentis" = The cause of the possessor is preferable. Dig. 50, 17, 126, 2,.
"Melior est conditio possidentis, ubi neuter jus habet" = Better is the condition of the possessor, where neither of the two has a right. Jenk. Cent. 118.
"In aequali jure melior est conditio possidentis" = When the parties have equal rights, the condition of the possessor is the better. Mitf. Eq. Pl. 215; Jer. Eq. Jur. 285; 1 Madd. Ch. Pr. 170; Dig. 50, 17, 128. Plowd. 296.
"In pari causa possessor potior haberi debet" = When two parties have equal rights, the advantage is always in favor of the possessor. Dig. 50, 17, 128.
"In pari causa possessor potior est" = In an equal case, better is the condition of the possessor. Dig. 50, 17, 128; Poth. Vente, n. 320; 1 Bouv. Inst. n. 952.
"Sine possessione usucapio procedere non potest" = There can be no prescription without possession.
"Potior est conditio possidentis" = Better is the condition of the possessor.
ab initio: from the beginning
accessorius sequitur: one who is an accessory to a crime cannot be guilty of a more serious crime than the principal offender
actus reus: a guilty deed or act
ad finem: at the end
ad infinitum: forever
ad litem: appointed for a lawsuit
ad personam: personal
ad rem: to the point; to the purpose
aemulatio vicini: spite against one's neighbour which, if a motive, may render unlawful an act otherwise lawfully within a man's legal power
altius non tollendi: a servitude preventing the servient owner from building beyond a certain height on his own ground
ante: before
apud acta: at the time of the proceedings
avizandum: the period during which the court considers its judgement
beneficium: a privilege, benefit, or right
bona fide: sincerely
bona fides: good faith
ceteris paribus: other things being equal
circa: approximately
consensus: agreement
conductio indebiti: an action for repayment of money paid in error
consensu: unanimously or, by general consent
consensus ad idem: agreement as to the same things
contra: against; to the contrary
contra bonos mores: contrary to good morals
corpus: body
corpus delicti: body of offence
damnum: damage, loss
damnum fatale: a loss due to an unusual accident e.g. a storm or a flood
de die in diem: from day to day
de facto: in fact
de futuro: in the future
de jure: by law, rightful (also de iure)
de integro: as regards the whole
de lege ferenda: according to the law as it ought to be
de lege lata: according to the current law
de legibus: of law
de minimis: trivial
dictum (pl. dicta): a saying or usu. a judicial statement
doli incapax: incapable of crime
dominium: ownership
esto: suppose it to be so
ex cathedra: with official authority
ex concessis: in view of what has already been accepted
ex gratia: freely; without a legal obligation
ex officio: by virtue of one's office
ex parte: for proceedings, when the party against whom they are brought is not heard
ex posto facto: after the event
e silentio: by the absence of contrary evidence
faciendum: something which is to be done
factum: an act or deed
fructus: fruit
fructus naturales: vegetation which grows naturally without cultivation
hinc inde: on the one hand and on the other
ibid: at the same place (used in footnotes for work already cited previously)
ignorantia juris neminem excusat: no-one is excused by ignorance of the law
In camera: in private
in dubio: on a doubtful point
in esse: in existence
in extenso: at full length
in hoc statu: in this state of matters; at this stage
iniuria: wrongful act; injustice (also injuria)
injuria: wrongful act; injustice (also iniuria)
in loco parentis: in place of the parent
in modo probationis: in the way of proof
in omnibus: in every respect
in pleno: in full
in rem suam: to one's own advantage
in situ: in its place
in solidum: for the whole sum
inter alia: among other things
inter amicos: between friends
in terrorem: as a warning or deterrent
inter vivos: between living persons
in toto: in total, in full
ipsissima verba: the very words of a speaker
ipso facto: by that very fact; thereby
ius: right recognised by law (also jus)
ius ad rem: right to a thing (personal right) (jus ad rem)
ius in personam: personal right (also jus in personam)
ius in rem: right in a thing (real right) (also jus in rem)
ius naturale: natural justice (alsojus naturale)
ius quaesitum tertio: right acquired by a third party (in a contract between others) (also jus quaesitum tertio)
jus: right recognised by law (also ius)
jus ad rem: right to a thing (personal right) (ius ad rem)
jus in personam: personal right (also ius in personam)
jus in rem: right in a thing (real right) (also ius in rem)
jus naturale: natural justice (also ius naturale)
jus quaesitum tertio: right acquired by a third party (in a contract between others) (also ius quaesitum tertio)
labes realis: an inherent taint or defect in a title to property (also known as vitium reale)
leonina societa: a partnership in which one of the partners take all the gains, whereas the other bears all the losses
lex: law (often written law)
lex loci contractus: the law of a place where a contract was made; according to private international law it is the proper law by which to resolve disputes about a contract
locus: place; the spot where an important event for the matter in hand has taken place
locus in quo: scene of the event
locus standi: the right to be heard before a tribunal
mala fides: bad faith; used in phrase "mala fide possessor" which refers to one who possesses property upon a title which he knows or should know to be invalid
male appretiata: for the property of a deceased person, to be wrongly valued
medium concludendi: a ground of action
mens rea: wicked mind
modus: the narration of the facts and circumstances in a criminal charge
modus operandi: way of doing something
mora: the delay in asserting a claim, which, when coupled with prejudice to the defender, may prevent the pursuer from recovering
mortis causa: on account of death
munus publicum: a public office
mutatis mutandis: (in comparing cases) making the necessary alterations
mutuum: a contract by which fungibles lent without payment must be restored at an agreed date
negotiorum gestor: a person that in an emergency steps in and acts for another who cannot act for himself, e.g. due to absence (the relevant process is called negotiorum gestio)
nemo dat quod non habet: one can give a better title than the one he has
nexus: connection
nisi: unless
non compos mentis: not of sound mind and understanding
non sequitur: an inconsistent statement, it does not follow
non valens agere: the unfitness of a person to act by reason of minority
nova debita: debts, the payment of which is not struck at by the bankruptcy law, despite the fact that they were contracted within 60 days before bankruptcy
obiter dictum: of judicial statements, not essential to the decision of the case and therefore without binding authority (pl. obiter dicta)
occupatio: a mode of acquiring property by appropriating a thing
onus probandi burden of proof
ope et concilio: by help and counsel (a synonym for "art and part")
ope exceptionis: as a defence; by way of exception
pacta sunt servanda: agreements must be followed
pactum: agreement
pactum illicitum: unlawful contract
par delictum: equal fault
pari passu: equally
particeps criminis: accomplice
penuria testium: lack of witnesses
per curiam: in the opinion of the court
per minas: by means of menaces or threats
per quod: by reason of which
per se: by itself
post: after; later
post mortem: after death
pretium affectionis: a price or value placed upon a thing owing to its owner's attachment to it
prima facie: at first sight; on the face of it
prima impressionis: on first impression
probabilis causa litigandi: substantial grounds for participating in a trial
probatio probata: a fact given in evidence which may not be contradicted
pro hac vice: for this occasion
pro rata: in proportion
pro re nata: as the occasion arises
pro tanto: so far, to that extent
pro tempore: for the time being
publici juris: of public right (also of publici iuris)
quaere: consider whether it is correct
quaeritur: the question is raised
quantum: how much, an amount
quid juris: what is the law? (also quid iuris) (used often in exam questions)
quid pro quo: consideration. something for something
ratio decidendi: the rule for which a stand as authority
re: in the matter of
res: thing; the object of an action; matter, affair
res communes things in their nature incapable of appropriation, such as light and air
res gestae: the circumstances of a case
res iudicata: a question decided by competent legal proceedings, which cannot again be raised (also res judicata)
res noviter veniens ad notitiam: information newly discovered, sometimes justifying the admission of new matter in a case, or a new trial
res nullius: a thing which never had an owner or which had, but lost its owner
res publicae: things in which the property resides in the state alone, like navigable rivers and highways
restitutio in integrum: restoration to the original position or condition
res universitatis: things belonging to a corporation, whose use is common to the members
sciens: knowingly
secus: the legal position is different
se defendendo: in self defence
sine die: indefinitely
sine qua non: an indispensable condition
socius criminis: accomplice in crime
solatium: damages given by way of reparation for injury to feelings
status quo: the existing state of affairs
sub modo: within limits
sub nomine: under the name of
sub silentio: in silence
suggestio falsi: the suggestion of something which is untrue
sui generis: unique
supra: above; earlier
suppressio veri: the suppression of the truth
talis qualis: such as it is
tertius: third party
uberrima fides: the utmost good faith
ultimum refugium: last resort
ultimus haeres: last heir; the Crown inherits as last heir for want of other heirs
uno flatu: at the same moment; with one breath
verbatim: word by word; exactly
veritas: truth
vide: see
vis et metus: force and fear
vitium reale: An inherent taint or defect in a title to property (also known as labes realis)
volens: willing