Latin Terms

Latin Terms in United States

Practical Information

Note: Some of this information was last updated in 1982

The following is an alphabetical list of Latin words and phrases most likely to be used in the law office. (A few French terms that are in legal usage are included also.) Those words or phrases now considered to be a part of everyday English language are in Roman type instead of italics. a fortiori. With stronger reason; much more. From bed and board, a priori. From what goes before; from the cause to the effect, a rendre. (French; to render, to yield). That which is to be rendered, yielded, or paid. Profits a rendre comprehend rents and services. a vinculo matrimonii. From the bonds of marriage. ab initio. From the beginning.

Actiones in personam. Personal actions. ad faciendum. To do. ad hoc. For this (for this special purpose), ad infinitum. Indefinitely; forever. ad litem. For the suit; for the litigation. (A guardian ad litem is a person appointed to prosecute or defend a suit for a person incapacitated by infancy or incompetency.) ad quod damnum. To what damage; what injury. (A phrase used to describe the plaintiff’s money loss or the damages he or she claims.) ad respondendum. To answer. ad satisfaciendum. To satisfy, ad valorem. According to value. (See also ad valorem tax (in U.S. law).) aggregatio mentium. Meeting of minds. alias dictus. Otherwise called, alibi. In another place; elsewhere. alii. Others.

aliunde. From another place; from without (as evidence outside the document). alius. Another. alter ego. The other self. alumnus. A foster child. amicus curiae. Friend of the court. animo. With intention, disposition, design, will, animus. Mind; intention. animus furandi. The intention to steal. animus revertendi. An intention of returning.

animus revocandi. An intention to revoke.

animus testandi. An intention to make a testament or will. anno Domini (A.D.). In the year of the Lord, ante. Before.

ante litem motam. Before suit brought. arguendo. In the course of the argument. assumpsit. He undertook; he promised. Bona fide. In good faith. bona vacantia. Vacant goods. (Personal property that no one claims, which escheats to the state.) capias. Take; arrest. (A form of writ directing an arrest.) capias ad satisfaciendum (ca. sa.). Arrest to satisfy. (A form of writ.) causa mortis. By reason of death, caveat. Let him beware; a warning. caveat emptor. Let the buyer beware. cepit et asportavit. He took and carried away.

certiorari. To be informed of; to be made certain in regard to something. cestui que trust. He who benefits by the trust.

cestui que use. He who benefits by the use.

cestui que vie. He whose life measures the duration of the estate. civiliter mortuus. Civilly dead. Consensus, non concubitus, facit nuptias, vel matrimonium. Consent, not cohabitation, constitutes nuptials or marriage.

consortium (pi. consortia). A union of lots or chances (a lawful marriage), contra. Against.

contra bonos mores. Against good morals.

contra pacem. Against the peace. coram non judice. In presence of a person not a judge. (A suit brought and determined in a court having no jurisdiction over the matter is said to be coram non judice, and the judgment is void.) corpus. Body.

corpus delicti. The body of the offense;

the essence of crime, corpus juris. A body of law. corpus juris civilis. The body of the civil law.

Cujus est solum, ejus est usque ad coelum. Whoever owns the land, owns it up to the sky. cum testamento annexo (c.t.a.). With the will annexed. (Describes an administrator who operates under a will rather than in intestacy.) damnum absque injuria. Damage without injury. (Damage without legal wrong.)

datum (pi. data). A thing given; a date. de bonis non administratis. Of the goods not administered. Frequently this is abbreviated to de bonis non. de bono et malo. For good and ill. de facto. In fact; in deed; actually. (See also de facto corporation (in U.S. law).) De minimis non curat lex. The law does not concern itself with trifles, de novo. Anew; afresh. de son tort. Of his own wrong. dies non. Not a day (on which the business of the courts can be carried on), do/i incapax. Incapable of criminal intention or malice; not of the age of discretion and intelligence to distinguish between right and wrong to the extent of being criminally responsible for his or her action. donatio mortis causa. A gift by reason of death. (A gift made by a person in sickness, under apprehension of death.)

cliices tecum. You bring with you. (A term applied to a writ commanding the person upon whom it is served to bring certain evidence to court. Thus, we speak of a subpoena duces tecum.)

dum bene se gesserit. While he shall conduct himnself well; during good behavior.

durante minore aetate. During minority. durante viduitate. During widowhood. Eate inde sine die. In criminal practice. Words used on the acquittal of a defendant, or when a prisoner is to be discharged, that he may go thence without a day, that is, be dismissed without any further continuance or adjournment. e conuerso. Conversely; on the other hand.

enlarger I’estate. A species of release that insures by way of enlarging an estate and consists of a conveyance of the ulterior interest to the particular tenant; as if there be tenant for life or years, remainder to another in fee, and the person in remainder releases all his or her right to the particular tenant and the tenant’s heirs; this gives the tenant the estate in fee. eo instanti. Upon the instant, erratum, {pi. errata). Error. et alii (et al.). And others. et alius (et al.). And another, et cetera (etc.). And other things. et non. And not. (Synonymous in use with absque hoc: without this.)

et seq. (short for et sequentes or et sequentia). And the following. (Used most commonly in designating page reference numbers.) et uxor (et ux.). And wife. et uir. And husband. ex cathedra. From the chair. ex contractu. (Arising) from the contract. ex delicto. (Arising) from the tort. ex gratia. As a matter of favor. ex necessitate legis. From the legal necessity.

ex officio. From the office; by virtue of his office.

ex parte. On one side only; by or for one party.

ex post facto. After the act. felonice. Feloniously, feme covert. A married woman, feme sole. A single woman (including one who has been married but whose marriage has been dissolved by death or divorce). ferae naturae. Of a wild nature, fiat. Let it be done. (A short order or warrant of a judge, commanding that something shall be done.) fieri. To be made up; to become. fieri facias. Cause to be made. (A writ directed to the sheriff to reduce the judgment debtor’s property to money in the amount of the judgment.) filius nullius. The son of no one; a bastard.

filius populi. A son of the people. flagrante delicto. In the very act of committing the crime, habeas corpus. You have the body. (See also habeas corpus (in U.S. law).) habere facias possessionem. That you cause to have possession. ( A writ of ejectment.)

habere facias seisimm. That you cause

to have seisin. (A writ to give possession. )

honorarium (pi. honoraria). An honorary fee or gift; compensation from gratitude.

ibid. (short for ibidem). In the same place, at the same time, in the same manner. (It is used in footnotes to avoid repetition of source data when the same reference is immediately preceding.) id. (short for idem). The same; exactly this; likewise. Also used in footnotes, in place of an author’s name in successive references within one note to several works by the same person.) idem sonans. Having the same sound (as names sounding alike but spelled differently).

Ignorantia legis neminem excusat. Ignorance of the l
aw excuses no one. illicitum collegium. An unlawful association.

Impotentia excusat legem. Impossibility is an excuse in law. in bonis. In goods; among possessions. in camera. In chambers. in esse. In being; existence. in extremis. In extremity (in the last illness).

in fraudem legis. In circumvention of law.

in futuro. In the future. in loco parentis. In the place of a parent. in pari delicto. In equal fault. in personam. A remedy where the proceedings are against the person, as contradistinguished from those against a specific thing. in praesenti. At present; at once; now. in re. In the matter.

in rem. A remedy where the proceedings are against the thing, as contradistinguished from those against the person.

in rerum natura. In nature; in life; in existence.

in specie. In the same, or like, form. (To decree performance in specie is to decree specific performance.) in statu quo. In the condition in which it was. (See status quo.) in terrorem. In terror. in toto. In the whole; completely. in transitu. In transit; in course of transfer.

indebitatus assumpsit. Being indebted, be promised, or undertook. (An action in which plaintiff alleges defendant is indebted to plaintiff.) indicia. Marks; signs. infra. Below, innuendo. Meaning, inter. Among; between. inter alia. Among other things, as “the statute provides inter alia …” inter vivos. Between the living, interim. In the meantime. intra. Within; inside. ipse dixit. He himself said (it). (An assertion made but not proved.) ipso facto. By the fact itself. ita est. So it is.

jura personarum. Rights of persons. jura rerum. Rights of things, jurat. The clause typed at the end of an affidavit. (See jurat (in U.S. law).) jure divino. By divine right. jure uxoris. By his wife’s right. jus (pi. jura). Law; laws collectively. jus accrescendi. The right of survivorship.

jus ad rem. A right to a thing. jus civile. Civil law.

jus commune. The common law; the common right.

jus gentium. The law of nations; international law. jus habendi. The right to have a thing. jus proprietatis. Right of property. levari facias. Cause to be levied; a writ of execution. lex loci. Law of the place (where the cause of action arose), lex loci rei sitae. The law of the place where a thing is situated. lex mercatoria. Mercantile law. lis pendens. Litigation pending; a pending suit.

locus delicti. The place of the crime or tort.

locus in quo. The place in which. locus sigilli (L.S.). The place for the seal. mala fides. Bad faith. mala in se. Wrongs in themselves (acts morally wrong). mala praxis. Malpractice. mala prohibita. Prohibited wrongs or offenses.

malo animo. With evil intent. malum in se. Evil in itself, mandamus. We command. (See also mandamus (in U.S. law).) manu forti. With a strong hand (forcible entry). mens rea. Guilty mind, modus operandi. The manner of accomplishing an act. nihil dicit. He says nothing. (Judgment against defendant who does not put in a defense to the complaint.) nil debet. He owes nothing. nisi prius. Unless before. (The phrase is used to denote the forum where the trial was held as distinguished from the appellate court.) nolle prosequi. To be unwilling to follow up, or to prosecute. (A formal entry on the record by the plaintiff or the prosecutor that plaintiff or prosecutor will no further prosecute the case.) nolo contendere. I will not contest it. non compos mentis. Not of sound mind, non est factum. It is not his deed. non obstante. Not withstanding. non prosequitur (non pros.). He does not follow up, or pursue, or prosecute. (If the plaintiff fails to take some step that he or she should, the defendant may enter a judgment of non pros, against the plaintiff.)

N.O.V. (non obstante verdicto). Notwithstanding the verdict. (A type of judgment that reverses the decision of the jury, when it is obvious that the jury decision had no reasonable support in fact or went against the law.) nudum pactum. A nude pact. (A contract without consideration.) nul tiel record. No such record. nul tort. No wrong done. nulla bona. No goods. (Wording of return to a writ of fieri facias.) nunc pro tunc. Now for then, obiter dictum. Remark by the way. onus probandi. The burden of proof, opus (pi. opera). Work; labor. ore tenus. By word of mouth; orally. pari delicto. In equal guilt. particeps criminis. An accomplice in the crime.

paterfamilias. The father (head) of a family.

peculium. Private property. pendente lite. Pending the suit; during the litigation, per annum. By the year. per autre vie. For another’s lifetime. (See also pur autre vie.) per capita. By the head; as individuals. (In a distribution of an estate, if the descendants take per capita, they take share and share alike regardless of family lines of descent.) per centum (percent). By the hundred. per contra. In opposition.

per curiam. By the court, per diem. By the day. per se. By itself; taken alone. per stirpes. By stems or root; by representation. (In a distribution of an estate, if distribution is per stirpes, descendants take by virtue of their representation of an ancestor, not as individuals.) postmortem. After death, post obit. To take effect after death. praecipe or precipe. Command. (A written order to the Clerk of the Court to issue a writ.) prima facie. At first sight; on the face of it. pro. For.

pro confesso. As confessed. pro forma. As a matter of form. pro hac vice. For this occasion, pro rata. According to the rate or proportion.

pro tanto. For so much; to that extent, pro tempore (pro tem.). For the time being; temporarily. prochien ami. Next friend. Also may be spelled prochien amy, prochain ami and prochain omy. publici juris. Of public right. pur autre vie. For, or during the life of another. (See also per autre vie.) quaere. Query; question; doubt. (This word indicates that a particular rule, decision, or statement that follows it is open to question.) quantum. How much; the amount. quantum meruit. As much as he deserved.

quantum valebant. As much as they were (reasonably) worth (in absence of agreement as to value). quare. Wherefore.

quare clausum fregit. Wherefore he broke the close. (A form of trespass on another’s land.) quasi. As if; as it were. (Indicates that one

subject resembles another, but that there are also intrinsic differences between them. Thus we speak of quasi contracts, quasi torts, and so on.) quid pro quo. What for what; something for something. (A term denoting the consideration for a contract.) quo warranto. By what right or authority.

(See also quo warranto (in U.S. law).) quoad hoc. As to this. quod computet. That the account. reductio ad absurdum. Reduced to the absurd.

res. A thing; an object; the subject matter.

res gestae. Things done; transactions; itself.

res judicata. A matter adjudicated. respondeat superior. Let the superior reply. (Invoked when there is a master servant relationship, that is, em ployeremployee.) scienter. Knowingly, scilicet (SS, or ss.) To wit (sc. is not used in legal papers). scintilla. A spark; the least particle. scire facias. Cause to know; give notice. (A writ used to revive a judgment that has expired.) se defendendo. In selfdefense; in defending oneself. semper. Always.

semper paratus. Always ready. (A plea by which the defendant alleges that he or she has always been ready to perform what is demanded.) seriatim. Severally; separately. sigillum. A seal.

simplex obligato. A simple obligation, sine die. Without day. (Without a specified day being assigned for a future meeting or hearing.) situs. Situation; location. stare decisis. To stand by that which was decided. (Common law courts hesitate to change former decisions and will often uphold them, but they would make a different decision if the issue were new.) stare judice. To abide
by decided cases, status quo. State in which. (The existing state of things at any given date.) See in statu quo. sub judice. Under a consideration. sub modo. Under a qualification; in a qualified way. sub nom. Under the name. subpoena duces tecum. See subpoena (in U.S. law).

sui juris. Of his own right. Having legal capacity to act for himself or herself.) supersedeas. That you supersede. (A writ commanding a stay of the proceedings.) supra. Above.

terminus a quo. The starting point. ultra vires. Without power; beyond the powers of. venire facias. That you cause to come. (A kind of summons.)

Verba fortius accipiuntur contra proferentem. Words are to be taken most strongly against the one using them, versus (vs., v.). Against. vi et armis. By force of arms, via. A road; a right of way; by way of. vice versa. On the contrary; on opposite sides.

videlicet (viz.) (contraction of videre and licet). It is easy to see. (That is to say; namely.)

virtute officii. By virtue of his office. vis major. A superior force. In law, the term signifies “an inevitable accident” as in common law, “an act of God.” (A loss by vis major is one that results from some natural cause without the intervention of man, and that could not have been prevented 256

by the exercise of prudence, diligence, and care.) viva voce. By the living voice; by word of mouth.

voir dire. To speak the truth. (Denotes a preliminary examination to determine the competency of a witness.)

(Revised by Ann De Vries)

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