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ab extra coram non judice

From outside Before one who is not a judge

ab initio corpus
From the beginning Body

actus reus corpus delicti


A guilty deed or act The body of the offense

ad hoc custos morum


For this purpose A guardian of morals

ad infinitum de bonis asportatis


To infinity, without limit, forever Of goods carried away

alibi de die in diem


Elsewhere, at another place From day to day

aliunde de facto
From elsewhere, from a different source In fact

ante de futuro
Before In the future

bona fide de integro


Sincere, in good faith As regards the whole

bona vacantia de jure


Vacant goods, i.e., goods without an owner Rightful, by right

cadit quaestio de lege ferenda


Question falls, i.e., the matter admits of no What the law ought to be (as opposed to
further argument what the law is)

certiorari de lege lata


A write from a High Court to Lower Court What the law is (as opposed to what the law
ought to be)
ceteris paribus
Other things being equal de novo
Starting afresh
consensu
Unanimously, by general consent doli incapax
Incapable of crime
consensus ad idem
Agreement as to the same things dominium
Ownership
contra
To the contrary dubitante
Doubting the correctness of the decision
contra bonos mores
Contrary to good morals
ei incumbit probatio qui in esse
The onus of proving the fact rests upon a In existence
man
in extenso
et cetera At full length
Other things of that type
in limine
ex cathedra At the outset, on the threshold
With official authority
in loco parentis
ex concessis In place of a parent
In view of what has already been accepted
in omnibus
ex facie In every respect
On the fact of it
in pleno
ex gratia In full
Out of kindness, voluntarily
in situ
ex parte In its place
Proceeding brought by one person in the
absense of another in solidum
The whole.
ex post facto In a situation where several co-obligants are
By reason of a subsequent fact bound "in solidum", each is liable in full
payment or performance. The creditor may
faciendum choose which of the obligants s/he will sue.
Something which is to be done Every person whose name appears on a bill,
whether as acceptor or endorser, is liable in
full payment of its contents. After payment,
factum
s/he may do diligence against the others for
An act, or a deed
relief.
Term 'in solidum' is contrasted with term 'pro
fructus naturales rata'. To be bound 'pro rata' is in a joint
Vegetation which grows naturally without obligation to not be bound for the whole but
cultivation only for their share.

idem inter alia


The same person or being Amongst other things

id est (i.e) interium


That is Temporary; in the meanwhile

in camera in terrorem
In private As a warning or a deterrent

in delicto ipsissima verba


At fault The very words of a speaker

indicia ipso facto


Marks, signs By that very fact
jus onus probandi
A right that is recognised in law Burden of proof

jus naturale orse


Natural justice Otherwise

locus in quo par delictum


Scene of the event Equal fault

magnum opus pari passu


A great work of literature On an equal footing

mala fides per curiam


Bad faith In the opinion of the court

mens rea per minas


Guilty state of mind By means of menaces or threats

mutatis mutandis per quod


Things being changed which are to be By reason of which
changed.
E.g., a proprietor of an estate fues his lands, post mortem
and the feu contracts all contain the same After death
general clauses, the same obligations on the
feuars and confer the same rights. In such a prima facie
case two of the feu charters are said to be On the face of it
the same mutatis mutandis, that is, they are
the same, if (or when) the name of the
disponee, the particular description of the prima impressionis
lands feued, and other such-like particulars On first impression
which are peculiar to each, are changed.
pro hac vice
nemo dat quod non habet For this occasion
No one can give a better title than he has
pro rata
nexus Proportionally; for a proportion.
Connection In a situation where several debtors are
each liable for her/his own share or
proportion only, they are said to be bound
nisi "pro rata". Term 'pro rata' is contrasted with
Unless 'in solidum' - where several debtors are each
liable for the whole debt.
non compus mentis An example of both phrases may be found
Not of sound mind and understanding in the liabilty of partners; each is liable "in
solidum" for the debts of the partnership in
non constat relation to creditors, but each is liable only
It is not certain "pro rata" in relation to between themselves.

non est factum pro tanto


It is not her/his deed So far; to that extent

non sequitur pro tempore


It does not follow, i.e., an inconsistent For the time being
statement
publici juris suppressio veri
Of public right The suppression of the truth

quaere talis qualis


Consider whether it is correct Such as it is

quaeitur uberrima fides


The question is raised Good faith

quantum uno flatu


How much; an amount At the same moment, with one breath

quid pro quo verbatim


Consideration; something for something Word by word, exactly

re vice versa
In the matter of... The other way around

res vide
Matter, affair, thing, circumstance See

res gestae volens


The thing done Willing

res nulis Bancus Communium Placitorum


Nobody's property Court of Common Pleas

sciens bona mobilia


Knowingly Moveable property

secus bona peritura


The legal position is different, it is otherwise Perishable goods

stet bona vacantia


Do not delete, let it stand Unclaimed property

sub modo felo de se


Within limits A suicide

sub nomine locum tenens


Under the name of A deputy

sub silentio lex talionis


In silence The law of retaliation

suggestio falsi bona fiscalia


The suggestion of something which is untrue Public property

sui generis chartae libertatum


Unique Charters of liberties
capias ad audiendum Accusare nemo se debet; accusare nemo
Writ ordering appearance in court se debet nisi coram Deo No one is bound
to accuse himself except to God.
capias ad respondendum Acta exteriora indicant interiora secreta
Writ ordering the arrest of a person External actions show internal secrets, i.e.,
intention may be inferred from a person's
capias ad satisfaciendum actions.
Writ ordering satisfaction of an order
Actus curiae neminem gravabit An act of
dies juridicus the Court shall prejudice no one.
A day on which the court is in session Adversus extraneos vitiosa possessio
prodesse solet Prior possession is a good
dies non juridicus title of ownership against all who cannot
A day on which the court is not in session show a better.
Aedificatum solo, solo cedit What is built
alimenta on the land is to be regarded as having
Means of support (i.e., food, clothing, become part of the land.
shelter)
Aequitas sequitur legem Equity follows the
altercatio law.
Forensic argumentation; cross-examination
Affirmanti non neganti incumbit probatio
The burden of proof is upon him who
de lunatico inquiriendo affirms, not upon him who denies.
A writ to inquire into the insanity of a person
Ambulatoria est voluntas defuncti usque
ambigendi locus ad vitae supremum exitum The will of a
Room for doubt deceased person is ambulatory [revocable]
until the last moment of life.
amicus curiae Audi alteram partem Hear the other side.
Friend of the court (i.e., impartial
spokesperson) Clausulae inconsuetae semper inducunt
suspicionem. Unusual clauses always
excite suspicion.
bona fides
Documents proving identity (or 'good faith') Consuetudo est altera lex A custom has
the force of law.
custos
Contemporanea exposito est optima et
Guardian
fortissima in lege The best way to construe
a document is to read it as it would have
fieri facias read when made.
writ authorizing execution of a judgment
Contra preferentum If the words in a
A verbis legis non est recedendum You contract are ambiguous the contract should
must not vary the words of a statute. be interpreted against the one who wrote the
words.
Absoluta sententia expositore non
indiget When you have plain words Cujus est dare ejus est disponere He who
capable of only one interpretation, no gives anything can also direct how the gift is
explanation of them is required. to be used.

Abundans cautela non nocet There is no Cujus est solum ejus est usque ad
harm done by great caution. coelum Whose is the soil, his is also that
which is above it.
De minimis non curat lex The law does not Impotentia excusat legem Impossibility of
concern itself with trifles. performance of a legal obligation is a good
excuse.
Debitor non praesumitur donare A debtor
is not presumed to give. In pari causa potior est condition
possidentis Everyone may keep what he
Delegatus non potest delegare A delegate has got, unless and until someone else can
cannot delegate. prove a better title.
Domus sua cuique est tutissimum Injuria non excusat injuriam One wrong
refugium To everyone his house is his does not justify another.
surest refuge.
Interpretatio chartarum benigne facienda
Dona clandestina sunt semper est ut res magis valeat quam pereat The
suspiciosa Clandestine gifts are always to construction of deeds is to be made liberally,
be regarded with suspicion. so that the thing may survive rather than
Eodem modo quo oritur, eodem modo perish.
dissolvitur What has been effected by Lex non requirit verificari quod apparet
agreement can be undone by agreement. curiae The law does not require verification
Ex dolo malo non oritur actio No right of of that which is apparent to the Court.
action can have its origin in fraud. Mala grammatica non vitiat chartam Bad
Ex maleficio non oritur contractus A grammar does not vitiate a deed.
contract cannot arise out of an illegal act. Nemo agit in seipsum No one can take
Ex nudo pacto non oritur actio. No right of proceedings against himself.
action arises from a contract entered into Nemo contra factum suum proprium
without consideration. venire potest No one can go against his
Ex turpi causa non oritur actio An illegal own deed.
contract cannot be enforced. Nemo dat quod non habit. One cannot
Expedit reipublicae ut finis sit litium It is grant what one does not have.
in the public interest that the decision of Nemo debet esse judex in propria causa
cases should be final. No one can be judge in his own cause.
Expressio unius personae vel rei, est Nemo potest facere per alium, quod per
exclusio alterius The express mention of se non potest No one can do through
one person or thing is the exclusion of another what he cannot do himself.
another.
Nemo tenetur ad impossibile No one is
Fractionem diei non recipit lex The law required to do what is impossible.
does not recognize any fraction of a day.
Non aliter a significatione verborum
Fraus omnia vitiat Fraud vitiates recedi oportet quam cum manifestum est
everything. aliud sensisse testatorem There should be
Frustra legis auxilium quaerit qui in no departure from the ordinary meaning of
legem comittit He who offends against the words except where it appears that the
law vainly seeks the help of the law. testator meant something different.

Generalia specialibus non derogant Non videntur qui errant consentire Those
General things do not derogate from special who are mistaken are not deemed to
things. consent.

Ignorantia juris quod quisque scire Noscitur a sociis The meaning of a word
tenetur non excusat Ignorance of the can be gathered from the context.
law, which everybody is supposed to know,
does not constitute an excuse.
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.
Ultra vires Without authority. A decision
which is beyond the powers or authority of
the person or organization which took it.
When a decision is thought to be ultra vires,
the typical remedy is to get a higher level
judicial body, such as a Court, to assess and
rule on it. If the decision has already been
made, the remedy is certiorari. If the
decision is anticipated, the remedy is
prohibition
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 That to which a man
consents cannot be considered an injury.

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