The Josh and Mak International Guide to Common Legal Terms and Phrases (English and Latin)

Introduction to the Glossary of Legal and Latin Terms, Phrases, and Concepts

This glossary is a meticulously compiled resource of legal and Latin terms, phrases, and concepts, designed to serve as a practical reference for professionals, students, and enthusiasts alike. It presents a comprehensive collection of legal jargon, offering clear definitions and explanations for each entry. This ongoing project is spearheaded by Josh and Mak International, reflecting our commitment to advancing legal understanding and accessibility.

As a dynamic and evolving compilation, this glossary is continually updated and expanded upon, ensuring it remains a relevant and valuable tool. Our aim is to encapsulate the breadth and depth of legal language, demystifying complex terms and phrases for clearer comprehension. This resource is particularly tailored to assist in navigating the intricacies of legal discourse, providing clarity and insight into the nuanced world of law.

We at Josh and Mak International recognize the importance of precise legal language and its role in effective communication within the legal sphere. This glossary is part of our ongoing effort to contribute to the legal community and enhance the collective knowledge base. We welcome suggestions and contributions, acknowledging that the richness of legal language is a collective treasure that grows with shared expertise and insights.

Part 1

Language Acquisition and Learning: The process of gaining knowledge or skill in a language, particularly relevant in understanding legal terminology.
Scant: Barely sufficient or adequate, often used in the context of legal resources or evidence.
In Limine: Latin for “on the threshold”; refers to motions concerning the admissibility of evidence, typically discussed in pretrial hearings.
Analogy: A comparison between two things for the purpose of explanation or clarification, often used in legal arguments to draw parallels.
Abominations: Acts that are morally reprehensible or detestable, sometimes referred to in legal contexts regarding particularly egregious conduct.
Discharge of Incumbrances on Sale: Refers to the removal of encumbrances (like mortgages or liens) from a property during its sale.
Encumbrance vs. Incumbrance: Both terms refer to a claim or liability attached to property, often impacting its transferability or value.
Marshaling by the Subsequent Purchaser: A legal principle where a later buyer ensures that earlier mortgages or claims are satisfied from the assets most properly applicable to them.
Clandestine Organ Transplant Surgeries: Illegal or secretive medical procedures involving organ transplants, raising significant legal and ethical issues.
Garrison City: A city with a substantial military presence; in legal contexts, this can relate to martial law or military jurisdiction.
Maxim: Secundum Allegata et Probata: A legal principle meaning “according to the allegations and the proof”; emphasizes the importance of evidence in legal proceedings.
Writ of Possession: A court order granting a party the right to take possession of a property, often issued in property dispute cases.
Clausula Rebus Sic Stantibus: A doctrine allowing for treaties to become inapplicable because of a fundamental change of circumstances.
Adducing: The act of bringing forward evidence or argument, crucial in legal proceedings.
Phoenicians Invented Money: Historical reference, relevant in discussions about the evolution of trade law and economic systems.
Confidence Inspiring Evidence: Evidence that is highly credible and convincing, often pivotal in legal cases.
Illegal Arbitrary Perverse and Fanciful: Terms used to describe decisions or actions that are not based on law, reason, or fact.
Exigencies of Service: Urgent requirements or needs of a service, often used in employment law contexts.
Pertinent Question: A question that is relevant and significant to the matter at hand, essential in legal inquiries and examinations.
It Was…As Advertised: Refers to a situation or product meeting its described or promised specifications, relevant in contract and consumer law.
It’s Too Plebeian: Describes something as common or unsophisticated, sometimes used in legal arguments to denote ordinariness.
Self Deserted Lady: A term that could refer to a woman who has been abandoned or has abandoned her marital home, relevant in family law.
Pardanashin Lady: A traditionally veiled or secluded woman, often considered in South Asian legal contexts, particularly in matters of testimony and consent.
Badl e Khula: A concept in Islamic law, where a woman seeks divorce, possibly by returning her dowry or other compensation.
Court of Plenary Jurisdiction: A court with the authority to hear and decide a full range of cases, both civil and criminal.
Turncoat: A person who switches allegiance, especially in a deceitful way; relevant in legal discussions about loyalty and trust.
Linchpin Skill: An essential and central skill, crucial for successful legal practice.
Pederast: An adult male who is sexually attracted to young boys; a term relevant in criminal law and discussions on sexual offences.
Proof Should Not Be Overwhelming, It Should Be Definitive: A legal principle emphasizing the need for clear and decisive evidence rather than an excessive amount.
Disingenuous: Not candid or sincere, typically by pretending to know less about something than one really does; important in assessing witness credibility.
Reality and Fantasy Are Mutually Exclusive: A concept important in legal arguments, distinguishing between what is factual and what is imagined.
Congenial: Agreeable or pleasant, potentially relevant in legal discussions about workplace environments or contractual relations.
Depth of Belief and What It Can Make You Do: Relevant in legal discussions about motive, intention, and the impact of personal beliefs on actions.
Nothing Makes a Mind Sharper Than a Tight Deadline: Reflects the reality of legal practice, where deadlines drive focus and efficiency.
Metamorphosis: A transformation, often used metaphorically in legal contexts to describe significant changes in law or legal interpretations.
When Something Abstract or a Concept Can Cling and Become an Entity: Discusses the materialization of abstract concepts into legal entities, relevant in corporate law.
Juxtaposition: The act of placing things side by side, especially for comparison or contrast; used in legal arguments to highlight differences or similarities.
Contumacious Conduct of the Defendant: Refers to a defendant’s willful disobedience or defiance, important in contempt of court proceedings.
Research Is a Rabbit Hole for Deep Diving: Reflects the exhaustive and sometimes overwhelming nature of legal research.
We Are What We Are From What We Have Endured and Survived: A statement reflecting the impact of past experiences on current legal situations or character assessments.
Controverted: Disputed or argued against, often used in legal discussions about contested facts or interpretations.
Averment: An affirmative assertion or declaration, often made in legal pleadings.
Annoyance at First Sight: A term that could describe immediate displeasure or objection in a legal context, possibly relating to nuisance or harassment.
Suing for ‘Great Expectations’ or Something: A colloquial way of describing a lawsuit based on unmet expectations or promises, potentially in contract law.
Hyperthymesia: A condition of possessing an extremely detailed autobiographical memory, potentially relevant in witness testimony.
A Red Flag at Half Mast Is Still a Red Flag: Suggests that a warning sign, even if partially obscured or diminished, remains a warning.
Antagonist: A person who opposes or competes with another; in legal literature, often refers to the opposing party in a dispute.
Every Human Has the Basic Talent of Survival. When Survival Is Threatened, the Talent Comes Out: Reflects on the instinctive human responses that can be relevant in legal defenses, especially in extreme situations.
We Evolve From Scorpions to Snakes and From Snakes to Eagles: A metaphor for progression or development, possibly relevant in discussions about legal evolution or personal growth.
Predisposition: A tendency or inclination, significant in legal discussions about a person’s likelihood to behave in a certain way.
A Coelo Usque ad Centrum: Latin for “From the Heavens to the Center of the Earth”; used in legal contexts to denote absolute ownership of property, including the space above and the ground below.
Actio Personalis Moritur Cum Persona: Latin for “A Personal Right of Action Dies With the Person”; a legal principle that personal actions die with the person.
Actus Curiae Neminem Gravabit: Latin for “An Act of the Court Shall Prejudice No Man”; a principle ensuring that mistakes or delays of the court should not harm a party.
Allegans Contraria Non Est Audiendus: Latin for “One Alleging Contradictions Is Not to Be Heard”; a legal maxim used to discredit inconsistent statements.
Arbitrium Est Judicium Boni Viri, Secundum Acquum Et Bonum: Latin for “The Decision of a Fair and Good Man According to Right and Good”; emphasizes the role of fairness in arbitration.
Aucupia Verboem Sunt Judice Indigna: Latin for “Verbal Quibbles are Unworthy of a Judge”; highlights the need for substance over form in legal arguments.
Audi Alteram Partem: Latin for “No Man Should Be Condemned Unheard”; a fundamental legal principle ensuring the right to a fair hearing.
Autrefois Acquit: A legal doctrine meaning “already acquitted”; refers to the principle that a person cannot be tried twice for the same crime.
Certum Est Quod Certum Reddi Potest: Latin for “That is Sufficiently Certain Which Can Be Made Certain”; relates to the clarity and definitiveness required in legal agreements and decisions.
Cuilibet Licet Renuntiar Juri Pro Se Introducto: Latin for “Any One May Waive or Renounce the Benefit of a Principle or Rule of Law That Exists Only for His Protection”; addresses the ability of individuals to waive legal rights or protections.

Part 2

Cujus Est Instituere Ejus Abrogare: The principle that the authority or entity that establishes a rule or law has the power to abolish it.
Delay Defeats Equity: A legal maxim emphasizing that undue delay in asserting a legal right can result in the denial of equity or justice.
Delegata Potestas Non Potest Delegari: A legal principle stating that delegated powers cannot be further delegated.
Delegatus Non Potest Delegare: This principle is similar to the above, highlighting that a delegate cannot further delegate the authority given to them.
Dubio Secundum Reum Potius Quam Secundum Actorem Litom Dori Opertet: A principle that in cases of doubt, the decision should favor the defendant rather than the plaintiff.
Emins Nova Constitutio Futuris Forma Imponere Debet, Non Praeteritis: This principle states that new laws should regulate future actions, not past ones, reflecting the controversial nature of retrospective laws.
Ex Diuturnitate Temporis Omnia Presumuntur Rite Et Solenniter Esse Acta: A principle suggesting that things are presumed to have been done correctly and solemnly due to the passage of time.
Ex Dolo Malo Non Oritur Actio: This principle states that no legal action can arise from fraud.
Ex Turpi Causa Non Oritur Actio: Similar to the above, this principle asserts that no action arises from an immoral or illegal cause.
Expressio Unius Est Exclusio Alterius: A principle suggesting that the express mention of one thing implies the exclusion of others.
Expressum Facit Cessare Tacitum: This maxim indicates that when something is explicitly stated, it overrides things that are implied or unspoken.
Falsa Demonstratio Non Nocet: A principle indicating that a false description does not invalidate a legal document if the intent is clear.
Falsus in Uno, Falsus in Omnibus: A principle suggesting that if a person is false in one thing, they can be presumed false in everything.
Fiat Justitia, Ruat Coelum: “Let justice be done, though the heavens fall.” This maxim emphasizes the importance of justice above all else.
Fraus et Dolus Nemini Patrocinaro Debent: This principle states that fraud and deceit should benefit no one.
Generalia Specialibus Non Derogant: A principle where general provisions do not derogate from specific ones.
Ignorantia Juris Neminem Excusat: “Ignorance of the law excuses no one.” This is a fundamental principle in law.
In Pari Delicto Potior Est Conditio Defendentis: When both parties are equally at fault, the condition (position) of the defending party is stronger.
Interest Reipublicae Ut Sit Finis Litium: This principle means it is in the public interest that there be an end to lawsuits.
Lex Non Cogit ad Impossibilia: The law does not compel the doing of impossibilities.
Nemo Debet Bis Vexari Pro Una Et Eadem Causa: No one should be vexed twice for the same cause.
Nemo Plus Juris Ad Alium Transfere Potest Quam Ipse Haberet: One cannot transfer more rights to another than they themselves possess.
Noscitur a Sociis: A word is known by the company it keeps; a principle used to interpret unclear statutory provisions.
Nullus Commodum Capere Potest De Injuria Sua Propria: No one can take advantage of their own wrong.
Omnia Praesumuntur Rite Esse Acta: All things are presumed to have been done correctly and with due formality.
Optima Legum Interpres Est Consuetudo: The best interpreter of the law is custom.
Pari Delicto Potior Est Conditio Possidentis: In a case of equal fault, the condition of the possessor is stronger.
Quando Lex Aliquid Concedit, Concedere Videtur Et Id Sine Quo Res Ipsa Esse Non Potest: When the law grants something, it also grants that without which the thing cannot exist.
Qui Approbat Non Reprobat: One cannot approve and disapprove at the same time.
Qui Per Alium Facit Per Seipsum Facere Videtur: He who does something through another is deemed in law to do it himself.
Qui Prior Est Tempore Potior Est Jure: He who is first in time has the stronger right.
Quicquid Plantatur Solo, Solo Cedit: Whatever is affixed to the soil belongs to the soil.
Res Ipsa Loquitur: The thing speaks for itself; used in tort law where the fault is obvious.
Salus Populi Est Suprema Lex: The welfare of the people is the supreme law.
Secundum Allegata Et Probata: According to the allegations and proofs; a party can only succeed on what is alleged and proved.
Semper Praesumitur Pro Negante: The presumption is always in favor of the one who denies.
Ubi Jus Ibi Remedium: Where there is a right, there is a remedy.
Ut Res Magis Valeat Quam Pereat: It is better for a thing to have effect than to be nullified.
Volenti Non Fit Injuria: No injury is done to one who consents.
Self Deprecating: Undervaluing or belittling oneself, sometimes relevant in legal contexts related to personal credibility or witness testimony.
Non Redeemable: Something that cannot be redeemed or recovered, often used in the context of non-recoverable assets or rights.
Redemption: The action of regaining or gaining possession of something in exchange for payment or clearing a debt.
Abstention: The act of refraining voluntarily, often used in legal contexts regarding the choice not to vote or participate in a decision.
Public Outrage: A significant and widespread public reaction, often negative, which can impact legal cases, especially in the court of public opinion.
Fellow Industry Professional: Refers to a colleague within the same professional field, often used in legal discussions related to professional conduct or ethics.
Sobriquet: A person’s nickname or alias, which can be relevant in legal documents or cases involving identity.
Causal Inference Analysis: A method to determine causation rather than mere correlation, significant in legal arguments and proving liability.
Propensity: An inclination or natural tendency to behave in a certain way, often discussed in legal contexts, especially in criminal behavior.
Ulterior Motives: Hidden intentions or motives, frequently a point of discussion in legal arguments, especially in cases of fraud or deceit.
Existential Crises: A period of intense self-examination and questioning of one’s purpose, values, and direction, sometimes relevant in legal contexts related to mental health.
Impostor Syndrome: The internal experience of believing that one is not as competent as others perceive them to be, which can be relevant in legal professions where confidence and expertise are crucial.

Part 3

AB INITIO: Latin for “from the beginning.” Used to indicate that something is the case from the start of a relevant period.
AB INITIO / VOID: A legal term indicating that something is null and void from the beginning, typically due to illegality.
ACTION: A formal proceeding in a court of law, synonymous with a lawsuit.
ACQUITTAL: The legal finding that a person tried for a crime is not guilty.
AFFIDAVIT: A written statement made under oath.
AGREEMENT: A resolution of disputed issues, which can be verbal or written.
ALIMONY: Financial support paid by one ex-spouse to the other after a divorce.
ANSWER: A formal written statement by a defendant responding to a civil complaint.
ANNULMENT: A legal procedure declaring a marriage null and void, as if it never happened.
APPEAL: A request for a higher court to review a decision made by a lower court.
APPELLATE COURT: A court that hears appeals from lower court decisions.
APPELLATE JURISDICTION: The power of a court to hear appeals from lower court decisions.
ARBITRATION: A form of alternative dispute resolution where a neutral third party decides a dispute.
ATTORNEY: A licensed legal professional who represents others in legal matters.
BAIL: The temporary release of an accused person awaiting trial, sometimes on condition of a monetary payment.
BOND: In criminal law, a financial guarantee that a defendant will appear in court.
BRIEF: A written argument submitted to a court.
BURDEN OF PROOF: The obligation to present evidence to support one’s claim or defense.
CERTIORARI: A writ from a higher court asking a lower court to send up a case for review.
CIVIL CASE: A non-criminal lawsuit, typically involving private disputes between persons or organizations.
CHARGES: Formal accusations of criminal activity.
CODE: A systematic collection of laws or statutes.
CODICIL: An amendment or addition made to a will.
COMMON LAW: Law derived from court decisions rather than statutes.
COMMON LAW MARRIAGE: A marriage recognized in some jurisdictions despite the lack of a formal ceremony or license, based on the couple’s actions and reputation.
COMPARATIVE NEGLIGENCE: A legal doctrine that compares the negligence of the conflicting parties in a lawsuit.
CONDONATION: Forgiveness of a marital offense in a way that bars it from being used as grounds for divorce.
CONTEMPT OF COURT: Behavior that disrespects the court or its proceedings.
CONTRACT: A legally binding agreement between two or more parties.
CONTRIBUTORY NEGLIGENCE: A doctrine where if the plaintiff contributed to their own harm, they cannot recover damages.
CONVICTION: A formal declaration that someone is guilty of a criminal offense.
CORPORATION: A legal entity recognized by law as separate from its owners, with its own rights and liabilities.
CRIMINAL CASE: A case involving an act that is considered harmful to society as a whole.
DAMAGES: Monetary compensation awarded in civil lawsuits.
DECREE: An official order issued by a legal authority, like a court.
DEED: A legal document that represents the transfer of ownership of real property.
DEFAULT: Failure to fulfill a legal obligation or appear in a legal proceeding.
DEFENDANT: An individual, company, or institution sued or accused in a court of law.
DEPOSITION: A witness’s sworn out-of-court testimony.
DISCOVERY: The pretrial process of exchanging information between parties in a lawsuit.
DISSENT: A disagreement with the majority opinion in a court ruling.
DISTRICT ATTORNEY: A public official who represents the government in the prosecution of criminal offenses.
DOCKET: A court’s schedule of cases to be heard.
EN BANC: A case heard by all judges of an appellate court, rather than by a selected panel.
EVIDENCE: Anything used to prove or disprove facts in a court of law.
FELONY: A serious crime, typically involving violence, regarded as more serious than a misdemeanor.
GRAND JURY: A jury that determines whether there is enough evidence for a criminal trial.
GUARDIAN: Someone legally appointed to make decisions for another person, typically a child or incapacitated adult.
GUARDIAN AD LITEM: A court-appointed advocate for children or incapacitated individuals in legal proceedings.
HABEAS CORPUS: A legal action through which a person can seek relief from unlawful detention.
INDICTMENT: A formal charge or accusation of a serious crime.
INDIGENT: Lacking the funds to pay for legal representation.
INFORMATION: A formal accusation of a crime made by a prosecutor.
INTERLOCUTORY: A provisional, temporary, or interim court order.
INTERROGATORIES: Written questions in a lawsuit to be answered under oath.
JURISDICTION: The legal authority of a court to hear and decide a case.
JURY: A group of people sworn to render a verdict in a legal case, based on evidence presented.
JUVENILE CASES: Legal matters involving individuals under the age of 18.
LIEN: A right to keep possession of property belonging to another person until a debt owed by that person is discharged.
MANDAMUS: A judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty.
MECHANIC’S LIEN: A security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property.
MEDIATION: A form of alternative dispute resolution involving a neutral third party to help disputants reach an agreement.
MISDEMEANOR: A less serious crime, typically punishable by less than a year of imprisonment.
MOTION: A formal request made to a judge for an order or ruling.
NEGLIGENCE: Failure to exercise the care that a reasonably prudent person would exercise in like circumstances.
NOLO CONTENDERE: A plea by a defendant in a criminal prosecution that without admitting guilt subjects him to conviction but does not bar him from denying the facts of the case in another proceeding.
NOTICE OF APPEAL: A document filed with an appellate court to review a lower court’s decision.
OPINION: A formal statement of reasons for a judgment given.
ORDINANCE: A piece of legislation enacted by a municipal authority.
ORIGINAL JURISDICTION: The power of a court to hear a case for the first time.
PARENS PATRIAE: A legal doctrine that grants the state the authority to act as a parent to a child or other individual who needs protection.
PAROLE: The release of a prisoner temporarily or permanently before the completion of a sentence, on the promise of good behavior.
PARTY: An individual, company, or institution involved in a legal proceeding.
PATENT: An exclusive right granted for an invention.
PECUNIARY: Relating to or consisting of money.
PERJURY: The offense of willfully telling an untruth in a court after having taken an oath or affirmation.
PER SE: Latin for “by itself”; something that is inherently or by definition.
PERSON: A human being or a legal entity, like a corporation, that is recognized as having privileges and obligations.
PERSONAL PROPERTY: Property that is movable and not fixed to one location.
PERSONAL RECOGNIZANCE: The release of a defendant from custody without the payment of bail, based on a promise to return to court.
PERSONAL REPRESENTATIVE: An individual appointed to administer the estate of a deceased person.
PETITIONER: The party who presents a petition to the court.
PLAINTIFF: The person who brings a case against another in a court of law.
PLEA: The response of a defendant to a criminal charge (guilty, not guilty, or nolo contendere).
PLEA BARGAINING: The process where the defendant and the prosecutor negotiate a mutually satisfactory disposition of the case.
PLEA NEGOTIATIONS: Discussions between the defendant and prosecutor to reach a settlement in a criminal case.
PLEADING: A formal written statement filed with a court outlining the parties’ positions.
POLLING THE JURY: A process where jurors are asked individually to confirm their agreement with the verdict.
POUR-OVER WILL: A will that leaves some or all of the assets to a trust.
POWER OF ATTORNEY: Legal authorization for one person to act on behalf of another.
PRAECIPE: A formal written request to a court or clerk asking for a specific action.

Part 4

PRELIMINARY HEARING: A critical stage in criminal proceedings, occurring before a magistrate or judge. This hearing assesses whether there’s sufficient evidence to justify holding the accused for trial. It’s a safeguard against unwarranted charges, allowing for a basic examination of the prosecution’s case.
PRESENTENCE INVESTIGATION REPORT: Prepared typically by a probation officer, this comprehensive report includes background information, details of the crime, and the impact on victims. It’s essential for judges to determine an appropriate sentence, balancing factors like rehabilitation potential and public safety.
PRETERMITTED CHILD: This term refers to a child born or adopted after a will is made and not mentioned in the will. Such a child may be entitled to a portion of the estate, as if the testator died intestate, depending on the state’s laws.
PRE-TRIAL CONFERENCE: A strategic meeting between the judge and attorneys, aiming to streamline the trial process. This conference can address issues like witness lists, evidentiary matters, and sometimes, settlement negotiations, to avoid trial.
PRECEDENT: Legal decisions from prior cases that set a standard or example for judges deciding similar issues in the future. It’s a cornerstone of common law systems, ensuring consistency and predictability in legal rulings.
PREEMPTORY CHALLENGE: A tool in jury selection allowing attorneys to exclude a certain number of prospective jurors without stating a cause. Its use is limited to ensure fair and impartial juries, though its application can be subject to legal scrutiny to prevent discrimination.
PREPONDERANCE OF THE EVIDENCE: The standard of proof in most civil trials, where the plaintiff’s burden is to show that a claim is more likely true than not. This standard is lower than ‘beyond a reasonable doubt’ used in criminal trials.
PRIMA FACIE: A term indicating that evidence is sufficient to prove a particular fact or to establish the case unless disproved. It represents a threshold level of proof in various legal contexts, from civil to criminal law.
PROBATE: The legal process of administering a deceased person’s estate. This includes validating the will, inventorying assets, paying debts and taxes, and distributing the remaining estate according to the will or state law if there’s no will.
PROBATE ESTATE: Refers to the portion of a deceased person’s estate that is subject to the probate process. It typically excludes assets with designated beneficiaries, joint ownership, or those within a trust.
PRO BONO PUBLICO: Legal services provided voluntarily and without payment as a public service. Pro bono work is an important aspect of social responsibility among legal professionals.
PRO SE: Representing oneself in a legal proceeding without the assistance of a lawyer. While this can save costs, it may also involve significant challenges given the complexities of law.
PROBABLE CAUSE: A reasonable basis for believing that a crime may have been committed, which is a requirement for lawful search warrants and arrests. It’s more than mere suspicion but less than the proof required for conviction.
PROBATION: A sentencing alternative to imprisonment allowing the convicted individual to live in the community under court-imposed conditions. Violation of these conditions can result in revocation and imprisonment.
PROSECUTE: The act of bringing a legal action against an individual accused of breaking the law, typically referring to criminal cases. This term is synonymous with the initiation and continuation of legal proceedings.
PROSECUTOR: A legal representative of the state in criminal cases, responsible for presenting the case against the accused. Their role is crucial in the criminal justice system, upholding the law while ensuring a fair trial.
PROXIMATE CAUSE: A legal concept that determines whether the harm or injury was a foreseeable result of the defendant’s actions. It establishes a link between the defendant’s conduct and the resulting damage.
PUBLIC DEFENDER: An attorney appointed by the court to represent defendants who cannot afford private counsel. They play a critical role in ensuring access to justice for indigent individuals.
PUNITIVE DAMAGES: Monetary compensation awarded to a plaintiff, over and above actual damages, intended to punish the defendant for egregious misconduct and deter future similar acts.
QUASH: A legal term meaning to annul or void a legal process, such as a warrant or subpoena, often due to being issued improperly or in error.
REAL PROPERTY: Land and any permanent structures attached to it, such as buildings. Real property law covers a wide range of legal issues, including ownership, leasing, zoning, and title disputes.

Part 5

REAL PROPERTY: Includes land, buildings, and permanent structures affixed to the land. It also encompasses rights and interests in the property, such as easements, leases, and mineral rights. Real property law covers a wide range of issues, including property transactions, land use regulations, and property disputes.
REASONABLE DOUBT: A standard of proof in criminal trials requiring the prosecution to prove the accused’s guilt to such a degree that a reasonable person would have no doubt about it. It is the highest standard of proof in the legal system, reflecting the principle that it’s better to let a guilty person go free than to convict an innocent one.
REASONABLE PERSON: A legal standard used to determine how an average person would responsibly act in certain circumstances. This hypothetical person reflects a community ideal of reasonable behavior under the specific circumstances of the case.
REBUT: To contradict or challenge evidence presented by the opposing side in a legal proceeding. It involves presenting evidence or arguments that diminish the impact or credibility of the opposing party’s evidence.
RECORD: The comprehensive documentation of all proceedings, evidence, and statements in a legal case. This includes written documents, physical evidence, and transcripts of oral testimonies and arguments presented during the trial.
RECUSAL: The withdrawal of a judge, juror, or prosecutor from a case due to potential bias or conflict of interest. Recusal maintains the impartiality and fairness of legal proceedings.
REDRESS: The act of correcting or rectifying a wrong, typically through legal means. This includes compensatory actions like monetary payments or injunctions to prevent further harm.
RE-DIRECT EXAMINATION: Follows cross-examination and allows the party who initially called the witness to clarify or expand on issues raised during cross-examination. This stage can be crucial for reinforcing a witness’s credibility or the party’s case.
RELEASE ON OWN RECOGNIZANCE (ROR): The release of an accused individual from custody without the need to pay bail, based on the individual’s promise to return for court proceedings. It is typically granted to those with strong community ties and deemed low flight risks.
REMAND: An appellate court’s action to send a case back to the trial court for further action or a new trial, often due to procedural or factual errors in the initial trial.
REMEDY: Legal solutions provided through court orders or decrees to address a wrong or enforce a right. This includes monetary damages, injunctions, specific performance, and other equitable remedies.
REMITTITUR: A judge’s order reducing the amount of damages awarded by a jury. This often occurs when the judge finds the jury’s damage award to be excessive or unsupported by the evidence.
REMOVAL: The transfer of a legal case from one jurisdiction to another. This is often seen in cases where there’s a belief that a fair and impartial trial cannot be conducted in the original court’s jurisdiction.
REPLEVIN: A legal action to recover personal property that has been wrongfully taken or detained. It allows the rightful owner to regain possession before a final determination of rights.
RESPONDENT: In appellate cases, the respondent is the party against whom the appeal is filed, often seeking to uphold the lower court’s decision.
RETAINER: An upfront fee paid to a lawyer, which serves as an advance payment for legal services. The retainer is typically held in a trust account and billed against for services rendered.
RESTITUTION: A court-ordered payment by the defendant to the victim for loss or injury caused by the defendant’s actions. This is common in criminal cases and may cover costs like medical expenses, repairs, or stolen property.
REVERSE: The act of an appellate court setting aside the decision of a lower court. A reversal typically occurs when the appellate court finds legal errors that affected the case’s outcome.
REVERSIBLE ERROR: A significant legal mistake in a trial’s proceedings that warrants the appellate court to reverse the lower court’s decision.

Part 6

REVOCABLE TRUST: A legal arrangement where the trustor (grantor) retains the authority to alter or terminate the trust during their lifetime. It allows for the management and protection of assets while providing the flexibility to adjust to changing circumstances or intentions.
REVOKE: The legal act of invalidating or withdrawing a previously given legal document or declaration, such as a will, power of attorney, or contractual agreement. Revocation typically requires a formal process or notification to be legally effective.
ROBBERY: A serious criminal offense involving the unlawful taking of property directly from another person through force or intimidation. It is distinct from burglary or theft due to its violent nature and the immediate presence of the victim.
RULES OF EVIDENCE: The guidelines and principles that determine what evidence is admissible in court. These rules ensure that evidence presented during a trial is relevant, reliable, and not overly prejudicial.
SENTENCE: The official punishment handed down by a court to a defendant found guilty of a crime. Sentences can include imprisonment, fines, community service, probation, or a combination thereof, based on the severity of the crime and legal statutes.
SEQUESTER: The act of keeping jurors or witnesses separate from outside influences during a trial. This practice is used to prevent exposure to external information or media coverage that could bias their decision-making or testimony.
SERVICE OF PROCESS: The formal procedure of notifying an individual or entity of their involvement in a legal process, ensuring their right to due process. This service delivers legal documents like complaints, summons, or subpoenas, and is a critical step in initiating legal proceedings.
STATUTE: A written law passed by a legislative body at the federal or state level. Statutes serve as primary legal authority for governing behavior and resolving disputes.
STIPULATION: An agreement or concession made by the parties in a legal case concerning some aspect of the litigation. Stipulations can streamline the trial process by establishing certain facts or procedures without requiring evidence or argument.
TESTIMONY: Oral evidence given by a witness under oath in a legal proceeding. Testimonies are crucial components of the trial process, providing firsthand accounts, expert opinions, or other relevant information to the court.
TORT: A civil wrong or injury, other than a breach of contract, for which the law provides a remedy. Torts can include actions like negligence, defamation, assault, and battery, leading to liability for damages.
TRANSCRIPT: The official written record of everything said in a court proceeding or legislative hearing. Transcripts provide a detailed account of trials, hearings, depositions, and other legal processes.
TRIAL INFORMATION: A formal document submitted by the prosecution in criminal cases outlining the charges against the defendant and the evidence supporting these charges. It serves as a basis for proceeding to trial.
VERDICT: The final decision made by a jury (jury verdict) or judge (bench verdict) on the matters of fact in a case. It determines the outcome of the trial, including any guilty or not guilty findings in criminal cases.
WARRANT: A legal document issued by a court or other authorized official that allows law enforcement to perform specific acts, such as arrests, searches, or seizures. Warrants are based on probable cause and are critical for upholding constitutional rights.
WILL: A legal document in which a person specifies how their property and assets are to be distributed after death. Wills are vital for estate planning, ensuring that a person’s wishes are respected and legally executed.
WITNESS: An individual who gives evidence in a legal proceeding. Witnesses can provide testimony based on what they have personally observed or experienced, or offer expert opinions on specific subjects.
WRIT: A formal written order issued by a court or judicial officer commanding the performance of a specific act. Writs include warrants, subpoenas, and habeas corpus orders.
SUMMONS: A legal document issued by a court requiring an individual to appear in court to respond to a complaint or charge. The summons notifies the defendant of the legal action against them and typically outlines the nature of the case and the response required.

Part 7

a fortiori: (Literal Translation: from stronger) An “argument from a stronger reason,” meaning that if one fact is true, a second (related and included) fact must also be true.
a mensa et thoro: (Literal Translation: from table and bed) Indicates legal separation without legal divorce.
a posteriori: (Literal Translation: from later) An argument derived after an event, using inductive reasoning from observations and experiments.
a priori: (Literal Translation: from earlier) An argument derived before an event, using deductive reasoning from general principles.
a quo: (Literal Translation: from which) Pertains to a lower court in the context of an appeal.
ab extra: (Literal Translation: from outside) Concerns external funding or influences in a legal case.
ab initio: (Literal Translation: from the beginning) Used to describe the time when a contract, statute, marriage, or deed becomes legal.
absque hoc: (Literal Translation: without this) Involves presenting the negative portion of a plea in common law, typically as a special traverse.
Actio non datur non damnificato: An action is not given to one who is not injured.
Actus legis nemini facit injurium: The act of law injures no one.
Actus non facit reum, nisi mens sit rea: No act is punishable that is not the result of a guilty mind.
actus reus: (Literal Translation: guilty act) A component of proving criminal liability, along with mens rea (guilty mind).
ad coelum: (Literal Translation: to the sky) The principle that the owner of a land parcel also owns the air above and the ground below it.
ad colligenda bona: (Literal Translation: to collect the goods) A court-issued writ allowing someone to collect and preserve the assets of a deceased person until the rightful owner is determined.
ad hoc: (Literal Translation: for this) A solution or measure designed specifically for a particular problem or task, non-generalizable.
ad hominem: (Literal Translation: at the person) A logical fallacy involving attacking an opponent’s character instead of addressing the argument.
ad idem: (Literal Translation: to the same thing) In agreement.
ad infinitum: (Literal Translation: to infinity) To continue indefinitely.
ad litem: (Literal Translation: for the case) Refers to individuals designated to represent parties deemed incapable of representing themselves.
ad quod damnum: (Literal Translation: according to the harm) Used in tort law, suggesting that compensation should correspond to the damage suffered or inflicted.
ad valorem: (Literal Translation: according to value) A type of tax or duty based on the value of an item.
adjournment sine die: (Literal Translation: adjournment without a day) When an assembly or court adjourns without setting a date for the next meeting.
affidavit: (Literal Translation: he has sworn) A written statement of fact, sworn to be true.
allocatur: (Literal Translation: it is allowed) A statement from a court granting a particular writ, often used in the context of appeals.
alter ego: (Literal Translation: another I) A doctrine in corporate law allowing for the piercing of the corporate veil, where the separation between a corporation and its owners may be disregarded.
Alteri stipulari nemo potest: No-one can alter a contract on his own.
amicus curiae: (Literal Translation: friend of the court) A person or entity that is not a party to a case but offers information or expertise relevant to the case.
animus contrahendi: (Literal Translation: contractual intent) The intention to enter into a contractual agreement.
animus manendi: (Literal Translation: intention to remain) The subjective intent to remain in a place indefinitely to establish permanent residence.
animus nocendi: (Literal Translation: intention to harm) The subjective state of mind of an individual regarding the knowledge of the illegal nature of their behavior and its consequences.
animus possidendi: (Literal Translation: intention to possess) The intention to possess an item, crucial for establishing possessory rights.
animus revertendi: (Literal Translation: intention to return) Used in the context of animals, such as bees and homing pigeons, that habitually return to their owner.
animus testandi: (Literal Translation: testamentary intent) The intention for a document to serve as a last will and testament.
ante: (Literal Translation: before) Referring to actions or agreements made before a specified event.
(in) arguendo: (Literal Translation: for the sake of argument) Assuming a fact for the purpose of discussion or argument, without conceding its truth.
bona fide: (Literal Translation: in good faith) Actions or agreements made with sincere intent, without intent to defraud or deceive.
bona vacantia: (Literal Translation: ownerless goods) Refers to unclaimed or abandoned property that falls to the state.
cadit quaestio: (Literal Translation: the question falls) Indicates that an issue has been settled or resolved.
casus belli: (Literal Translation: case of war) The justification or cause for war or conflict.
caveat: (Literal Translation: May he beware) A warning or caution; used in legal contexts to indicate potential issues or problems.
caveat emptor: (Literal Translation: Let the buyer beware) A principle that the buyer is responsible for checking the quality and suitability of goods before a purchase is made.
certiorari: (Literal Translation: to be apprised) A writ issued by a higher court directing a lower court to deliver a record for review.
cessante ratione legis cessat ipsa lex: (Literal Translation: when the reason for a law ceases, so does the law itself) A principle that a law is no longer applicable when the reason for its application has ceased to exist.
ceteris paribus: (Literal Translation: with other things the same) A Latin phrase used in economics, law, and statistics to denote a presumption that all other factors remain constant.
compos mentis: (Literal Translation: having command of mind) Of sound mind; legally capable of managing personal affairs or making rational decisions.
condicio sine qua non: (Literal Translation: A condition without which it could not be) An indispensable and essential action, condition, or ingredient necessary for something else to happen.
consensus ad idem: (Literal Translation: agreement to the same) A meeting of the minds where all parties involved have a mutual understanding and agreement on the terms.
contra: (Literal Translation: against) Used in legal citations to indicate a source that directly contradicts the point being made.

contra legem: (Literal Translation: against the law) Describes a decision or action that is contrary to the law.

contradictio in adjecto: (Literal Translation: contradiction in adjective) A logical inconsistency where an adjective contradicts its noun, e.g., a square circle.

contra proferentem: (Literal Translation: against the one bringing forth) A legal principle in contract law that ambiguities in a contract should be interpreted against the party that insisted on its inclusion.

coram non judice: (Literal Translation: before one who is not a judge) A decision or action taken by a person or body that lacks the legal authority to do so.

corpus delicti: (Literal Translation: body of the crime) The principle that a crime must be proven to have occurred before a person can be convicted of committing that crime.

corpus juris: (Literal Translation: body of law) The complete collection of laws, statutes, regulations, and legal principles of a jurisdiction or court.

corpus juris civilis: (Literal Translation: body of civil law) The collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor.

corpus juris gentium: (Literal Translation: body of the law of nations) The comprehensive body of international law.

corpus juris secundum: An encyclopedia of United States law, which systematically collects and summarizes the broad principles of American law and the finer details of legal practice.

crimen falsi: (Literal Translation: crime of falsifying) Legal term referring to the act of forgery or falsification.

cui bono: (Literal Translation: as a benefit to whom?) A principle suggesting that one can identify the perpetrator(s) of a crime by considering who stands to benefit from it.

curia advisari vult: (Literal Translation: the court wishes to consider) Indicates that a court intends to take a matter under advisement before giving a judgment.

Part 8

de bonis asportatis: Specifies that larceny was taking place in addition to any other crime named, such as “trespass de bonis asportatis”.
debellatio: Complete annihilation of a warring party, bringing about the end of the conflict.
de bonis non administratis: Assets of an estate remaining after the death or removal of the designated estate administrator. An “administrator de bonis non administratis” is appointed to dispose of these goods.
de die in diem: Generally refers to a type of labor in which the worker is paid fully at the completion of each day’s work.
de facto: Literally “from fact”; often used to mean something that is true in practice, but has not been officially instituted or endorsed. “For all intents and purposes”. Compare with de jure.
de futuro: Concerning the future, at a future date.
de integro: Often used to mean “start it all over”, in the context of “repeat de integro”.
de jure: Literally “from law”; something that is established in law, whether or not it is true in general practice. Compare with de facto.
de lege ferenda: Used in the context of “how the law should be”, such as for proposed legislation.
de lege lata: Concerning the law as it exists, without consideration of how things should be.
de minimis: About the smallest things; various legal areas concerning small amounts or small degrees.
de minimis non curat lex: The rule that the law will not remedy an injury that is minimal.
de novo: Often used in the context of “trial de novo” – a new trial ordered when the previous one failed to reach a conclusion.
deorum injuriae diis curae: Blasphemy is a crime against the State, rather than against God.
dictum: A statement given some weight or consideration due to the respect given the person making it.
doli incapax: Presumption that young children or persons with diminished mental capacity cannot form the intent to commit a crime.
dolus bonus: From Justinian Digest.
dolus malus: From Justinian Digest.
dolus specialis: Specific deceit, heavily used in the context of genocide in international law.
domitae naturae: Tame or domesticated animal. Opposite of ferae naturae (wild animals by nature).
donatio mortis causa: Gift causa mortis; “The donor, contemplating imminent death, declares words of present gifting and delivers the gift to the donee or someone who clearly takes possession on behalf of the donee. The gift becomes effective at death but remains revocable until that time.”
dramatis personae: Persons of the drama.
duces tecum: A “subpoena duces tecum” is a summons to produce physical evidence for a trial.
ejusdem generis: Known as a “canon of construction”, it states that when a limited list of specific things also includes a more general class, the scope of that more general class shall be limited to other items more like the specific items in the list.
eo nomine: By that name.
erga omnes: Refers to rights or obligations that are owed towards all.
ergo: Therefore.
erratum: Having been made in error.
et al.: Abbreviation of et alii, meaning “and others”.
et cetera: Generally used in the sense of “and so forth”.
et seq.: Abbreviation of et sequens, meaning “and the following ones”. Used in citations to indicate that the cited portion extends to the pages following the cited page.
et uxor: Usually used instead of naming a man’s wife as a party in a case.
et vir: Usually used instead of naming a woman’s husband as a party in a case.
ex aequo et bono: Usually defined as “what is right and good.” Used to describe the power of a judge or arbiter to consider only what is fair and good for the specific case, and not necessarily what the law may require. In courts, usually only done if all parties agree.
ex ante: Essentially meaning “before the event”, usually used when forecasting future events.
ex cathedra: From the chair, where chair refers to authority or position. Authority derived from one’s position.
ex concessis: From what has been conceded already; also known as “argument from commitment”, a type of valid ad hominem argument.
ex delicto: The consequence of a crime or tort.
ex demissione: Part of the title of the old action of ejectment, such as “Jones v. Doe ex dem. Smith”.
Ex dolo malo non oritur actio: No action arises from harm.
ex facie: On the face; if a contract is blatantly and obviously incorrect or illegal, it can be considered void ex facie without any further analysis or arguments.
ex fida bona: Good business norms.
ex gratia: By favor; something done voluntarily and with no expectation of a legal liability arising therefrom.
ex officio: From the office; something done or realized by the fact of holding an office or position.
ex parte: From [for] one party; a decision reached, or case brought, by or for one party without the other party being present.
ex post: From after; based on knowledge of the past.
ex post facto: From a thing done afterward; commonly said as “after the fact.”
ex post facto law: A retroactive law, e.g., a law that makes illegal an act that was not illegal when it was done.
ex proprio motu: By [one’s] own motion; commonly spoken as “by one’s own accord.”
ex rel: [Arising] out of the narration [of the relator]; abbreviation of ex relatione. Used when the government brings a case that arises from the information conveyed to it by a third party (“relator”).
exempli gratia: For the sake of example; usually abbreviated “e.g.”.
ex tunc: From then; term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. Compare with ex nunc.
Ex turpi causa non oritur actio: A principle that no legal action arises from a base cause.
ex nunc: From now on; term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its adjudication. Compare with ex tunc.
extant: Existing; refers to things that are currently existing at a given point, rather than things that are no longer so.
facio ut facias: I do, that you may do; a type of contract wherein one party agrees to do work for the other, in order that the second party can then perform some work for the first in exchange.
factum: Deed; 1. an assured statement made; 2. completion of a will and all its parts to make it valid and legal; 3. book of facts and law presented in a Canadian court.
favor contractus: Favor of the contract; a concept in treaty law that prefers the maintaining of a contract over letting it expire for purely procedural reasons.
felo de se: Felon of himself; a suicide. This archaic term stems from English common law, where suicide was legally a felony, thus a person who committed suicide was treated as a felon for purposes of estate disposal.
ferae naturae: Wild animals by nature; wild animals residing on unowned property do not belong to any party in a dispute on the land. Opposite of domitae naturae (tame by nature).
fiat: Let it be done; a warrant issued by a judge for some legal proceedings.
fieri facias: May you cause to be done; a writ ordering the local law enforcement to ensure that damages awarded by the court are properly recovered. A writ of execution.
fortis attachiamentum, validior praesumptionem: Strong attachment, the stronger presumption; when determining whether a chattel is a fixture: “size doesn’t matter, how much or degree chattel is attached to ‘land’ and to ‘what’.”
forum non conveniens: Disagreeable forum; a concept wherein a court refuses to hear a particular matter, citing a more appropriate forum for the issue to be decided.
fumus boni iuris: Smoke of a good right; refers to having a sufficient legal basis to bring legal action.
functus officio: Having performed his office; a person, court, statute, or legal document that has no legal authority, because its original legal purpose has been fulfilled.
gravamen: Things weighing down; the basic element or complaint of a lawsuit.