Whether you are seeking to expand your legal vocabulary, preparing for a law exam, or simply nurturing your curiosity about the intricacies of the legal field, we invite you to join us on this enlightening journey through legal maxims and phrases. Together, we will unravel the rich tapestry of legal language and equip ourselves with the tools necessary to excel in the judiciary and beyond. Let’s begin this exploration of legal knowledge and elevate our understanding of the law to new heights.
Legal maxims and phrases are concise expressions that encapsulate fundamental principles and concepts of law. Rooted in centuries of legal tradition and jurisprudence, these phrases carry immense significance in the interpretation and application of laws. Understanding their precise meanings and implications is crucial for legal professionals, as they often serve as guiding principles in legal arguments and judgments.
Moreover, many law exams, including judiciary exams, feature questions that require a thorough knowledge of legal maxims and phrases. By studying and familiarizing yourself with these essential expressions, you will not only be equipped to tackle such exam questions effectively but also develop a deeper understanding of legal concepts and their historical evolution.
S. No. | Legal Maxims & Phrases | Meaning |
---|---|---|
1. | Ab Initio | “Ab Initio” is a Latin legal phrase that translates to “from the beginning” or “from the outset.” It refers to a principle or concept that is applied retrospectively to a particular situation or agreement. In the legal context, “ab initio” often implies that a legal action or agreement is considered void or invalid from its inception, as if it never existed. |
2. | Actionable per se | The term “actionable per se” is a legal phrase used to describe a type of claim or cause of action that is inherently or intrinsically actionable without the need for additional proof of damages. In other words, the very nature of the act or statement in question is considered legally harmful or offensive, and therefore, the injured party can bring a lawsuit without having to demonstrate specific damages suffered. Examples of actionable per se claims include defamation, slander, libel, assault, and battery. |
3. | Actio personalis moritur cum persona | “Actio personalis moritur cum persona” is a Latin legal maxim that translates to “a personal action dies with the person.” This principle is commonly referred to as the “personal action doctrine” or the “personal injury wrongful death rule.” The maxim signifies that if an individual has a personal cause of action, such as a claim for damages arising from personal injury, and that individual dies, the cause of action also ceases to exist. In other words, the right to bring a personal lawsuit or seek compensation for harm suffered ends upon the death of the injured party. |
4. | Actori incumbit onus probandi | “Actori incumbit onus probandi” is a Latin legal maxim that translates to “the burden of proof rests on the plaintiff.” This principle is a fundamental concept in legal proceedings and places the responsibility on the party bringing a claim (the plaintiff or the prosecutor) to prove their case and present evidence supporting their allegations. |
5. | Actus Reus Non Facit Reum Nisi Mens Sit Rea | “Actus reus non facit reum nisi mens sit rea” is a Latin legal maxim that translates to “the act is not guilty unless the mind is guilty.” This principle encapsulates a fundamental aspect of criminal law, emphasizing that for a person to be held criminally liable, both a wrongful act (actus reus) and a guilty mind (mens rea) must be present. |
6. | Ad hoc | “Ad hoc” is a Latin phrase that is commonly used in various contexts, including law, business, and everyday language. It translates to “for this” or “for this specific purpose.” |
7. | Alibi | Alibi is a Latin term commonly used in the legal context, referring to a defense strategy in criminal cases. An alibi is evidence or a claim put forth by the accused, asserting that they were elsewhere at the time the alleged crime was committed, thus providing them with a solid defense against the accusations. |
8. | Amicus Curiae | Amicus curiae, which means “friend of the court” in Latin, refers to a person or organization that is not a party to a case but offers information or expertise to assist the court in making a decision. An amicus curiae is someone who provides an impartial perspective or presents additional arguments that may not be adequately represented by the parties involved in the case. |
9. | Assentio mentium | “Assentio mentium” is a Latin phrase that translates to “meeting of the minds” in English. It is a legal principle that refers to the mutual agreement or understanding between parties involved in a contract or legal transaction. The concept of “assentio mentium” signifies that all parties involved have reached a consensus and have a shared understanding of the terms and conditions of the agreement. |
10. | Audi alteram partem | “Audi alteram partem” is a Latin phrase that translates to “hear the other side” in English. It is a fundamental principle of natural justice or due process that requires that both parties to a dispute or legal proceeding be given a fair opportunity to present their case and be heard before a decision is made. |
11. | Bona fide | “Bona fide” is a Latin phrase that is commonly used in various contexts to mean “genuine” or “sincere.” It is often employed to describe something or someone that is authentic, true, and acting in good faith. |
12. | Bona vacantia | “Bona vacantia” is a Latin phrase that translates to “vacant goods” in English. It is a legal term used to describe property or assets that are considered ownerless or without a legal owner. Bona vacantia typically refers to situations where property or assets have no identifiable owner or where ownership rights have been abandoned, expired, or terminated. |
13. | Boni judicis est ampliare jurisdictionem | The phrase “Boni judicis est ampliare jurisdictionem” is a Latin maxim that means “It is the duty of a good judge to broaden jurisdiction.” This principle suggests that a judge should interpret and apply the law in a manner that extends the scope of their jurisdiction when necessary to provide justice and resolve disputes effectively. |
14. | Caveat | “Caveat” is a Latin term that translates to “let him beware” or “warning” in English. In legal contexts, a caveat is a formal notice or warning issued to alert others about a particular circumstance or claim. It serves as a cautionary measure to inform interested parties about potential legal implications or pending actions. |
15. | Caveat actor | “Caveat actor” is a Latin term that translates to “let the doer beware” or “let the actor beware” in English. It is a principle in legal contexts that serves as a cautionary reminder to individuals who take actions or initiate legal proceedings. The phrase advises them to be careful, thoughtful, and aware of the potential consequences of their actions. |
16. | Caveat emptor | “Caveat emptor” is a Latin phrase that translates to “let the buyer beware” in English. It is a principle in commerce and contract law that places the responsibility on the buyer to exercise caution, conduct due diligence, and assume the risk when purchasing goods or services. |
17. | Caveat venditor | “Caveat venditor” is a Latin phrase that serves as a counterpart to the principle of caveat emptor. It translates to “let the seller beware” in English. The principle of caveat venditor places the responsibility on the seller to exercise caution, act honestly, and be aware of the potential consequences of their actions when selling goods or services. |
18. | Certiorari | “Certiorari” is a Latin term that translates to “to be informed” or “to be made certain” in English. In legal contexts, it refers to a type of writ or order issued by a higher court to review the decision of a lower court or administrative agency. |
19. | Corpus | “Corpus” is a Latin term that translates to “body” in English. |
20. | Corpus delicti | “Corpus delicti” is a Latin term that translates to “body of the crime” in English. It is a legal concept used in criminal law to refer to the material or tangible evidence that establishes that a crime has been committed. In other words, it represents the physical or factual elements of a criminal offense. |
21. | Damnum sine injuria | “DAMNUM SINE INJURIA” is a Latin term used in legal contexts. It translates to “damage without injury” in English. The concept of damnum sine injuria refers to a situation where harm or loss is caused to someone, but there is no legal injury or violation of a legal right. In other words, it refers to a scenario where an act causes harm to another person, but that act is not considered legally wrongful or actionable. |
22. | De facto | “De facto” is a Latin term that translates to “in fact” or “in reality” in English. It refers to a situation or condition that exists in practice or in actuality, regardless of whether it is officially recognized or legally sanctioned. |
23. | De jure | “De jure” is a Latin term that translates to “by law” in English. It refers to a situation or condition that is legally recognized, prescribed, or established according to the law. When something is described as “de jure,” it means it is the legally recognized or legitimate state of affairs, regardless of whether it aligns with the actual practice or reality. |
24. | De minimis | “De minimis” is a Latin term that translates to “of minimal importance” or “trifling” in English. In legal contexts, it refers to a principle or concept that recognizes the insignificance or triviality of a matter. The de minimis principle allows for the disregard or exemption of minor or negligible matters that do not warrant legal intervention or consideration. |
25. | De Minimis Non Curat Lex | “De minimis non curat lex” is a Latin legal maxim that translates to “the law does not concern itself with trifles” in English. This principle suggests that the law does not address or intervene in matters that are insignificant, trivial, or of minimal importance. The maxim reflects a common legal concept that legal systems prioritize substantial issues and do not wish to burden the courts or legal processes with trivial matters that have little practical significance or impact. |
26. | De novo | “De novo” is a Latin term that translates to “anew” or “afresh” in English. In legal contexts, it refers to a type of review or hearing that takes place as if the previous decision or ruling did not exist. When a case is heard de novo, it means that it is being reviewed as if it were a completely new case, without any consideration of the previous decision or ruling. |
27. | Dictum | “Dictum” is a Latin term that translates to “remark” or “saying” in English. In legal contexts, dictum refers to a statement or remark made by a judge or court in a legal opinion or decision that is not directly relevant to the resolution of the case at hand. |
28. | Doli incapax | “Doli incapax” is a Latin term that translates to “incapable of deceit” or “incapable of guilt” in English. In legal contexts, doli incapax refers to the presumption that children under a certain age are incapable of forming the requisite intent or mens rea to commit a crime. |
29. | Detinue | Detinue is a legal term that refers to a common law action for the recovery of personal property wrongfully withheld by another person. It is a civil remedy that allows a person to seek the return of their specific goods or their value from someone who is in possession of them but refuses to return them. |
30. | Donatio mortis causa | “Donatio mortis causa” is a Latin term that translates to “gift in contemplation of death” in English. It refers to a type of gift that is made by a person who is anticipating their imminent death. It is a legal concept that allows individuals to transfer property or assets to another person on the condition that the gift will take effect only if the donor dies. |
31. | Estoppel | Estoppel is a legal doctrine that prevents a person from asserting a claim or a right that is inconsistent with their previous statements, conduct, or behavior. It is based on principles of fairness and prevents a party from taking a position that contradicts their previous actions or representations, causing detriment to another party who has relied on those actions or representations. |
32. | Ex gratia | “Ex gratia” is a Latin term that translates to “out of kindness” or “as a favor” in English. In legal and financial contexts, it refers to a payment or action made by an individual, organization, or authority voluntarily and without legal obligation. |
33. | Ex officio | “Ex officio” is a Latin term that translates to “by virtue of office” in English. It refers to a person’s authority, rights, or duties that arise from the position they hold or the office they occupy, rather than being based on their personal choice or appointment. When someone acts ex officio, they are acting in an official capacity, carrying out responsibilities that are inherent to their position. |
34. | Ex parte | “Ex parte” is a Latin term that translates to “on behalf of one party” or “by or for one party” in English. It is a legal term used to describe a proceeding, motion, or application that is conducted or decided in the absence of the opposing party or without their presence or participation. |
35. | Ex post facto | “Ex post facto” is a Latin term that translates to “from a thing done afterward” in English. In a legal context, it refers to a law or action that operates retrospectively, applying to events that occurred before the law was enacted or the action was taken. An ex post facto law or action imposes new consequences or changes legal consequences for past actions that were lawful at the time they were committed. |
36. | Fatum | “Fatum” is a Latin term that translates to “fate” or “destiny” in English. It refers to the belief that events or outcomes in life are predetermined and beyond individual control. The concept of fatum is closely related to the idea that there is a higher power or force that guides and determines the course of human life and events. |
37. | Factum probans | “Factum probans” is a Latin term that translates to “a proven fact” or “a fact proven” in English. It refers to a piece of evidence or information that has been established or demonstrated as true and reliable. In legal contexts, factum probans typically refers to evidence that is presented in court to support or prove a fact or claim. |
38. | Fraus est celare fraudem | “Fraus est celare fraudem” is a Latin phrase that translates to “it is fraud to conceal fraud” in English. This phrase encapsulates the principle that engaging in deceptive or fraudulent behavior to hide or cover up another fraudulent act is itself an act of fraud. |
39. | Functus officio | “Functus officio” is a Latin term that translates to “having discharged one’s office” or “having fulfilled one’s duties” in English. In legal and administrative contexts, it refers to the status of a person or authority who has completed their official responsibilities and no longer has the power or authority to act in that role. |
40. | Furiosi nulla voluntas est | “Furiosi nulla voluntas est” is a Latin phrase that translates to “there is no will of a mad person” in English. This phrase reflects the legal principle that a person who is deemed mentally incompetent or of unsound mind lacks the capacity to form a valid intention or will. |
41. | Habeas corpus | “Habeas corpus” is a Latin term that translates to “you shall have the body” in English. It refers to a legal writ or order that requires a person under arrest or detention to be brought before a court or judge. The purpose of the writ is to protect an individual’s right to challenge the legality and basis of their detention. |
42. | Ignorantia juris non excusat | “Ignorantia juris non excusat” is a Latin phrase that translates to “ignorance of the law does not excuse” in English. It is a legal principle that signifies that individuals cannot avoid the consequences of their actions or non-compliance with the law by claiming ignorance or lack of knowledge about the law. |
43. | Injuria sine damno | “Injuria sine damno” is a Latin phrase that translates to “injury without damage” in English. It is a legal principle that refers to a situation where a person suffers an infringement of their legal rights or an injury to their legal interests, even though they have not suffered any actual financial loss or measurable damage. |
44. | Ipso facto | “Ipso facto” is a Latin phrase that translates to “by the fact itself” in English. It is used to indicate that a certain consequence or outcome automatically follows from a particular fact or action, without the need for additional proof or intervention. |
45. | In promptu | In promptu is a Latin phrase that translates to “in readiness” or “at hand.” It is commonly used to describe something that is done or prepared on the spot or spontaneously, without prior planning or preparation. |
46. | In lieu of | The phrase “in lieu of” is used to indicate that one thing is being substituted or replaced by another. It is often used when referring to an alternative or a replacement for something that is unavailable or not possible. |
47. | In personam | “In personam” is a Latin term used in legal contexts, particularly in civil law. It refers to a legal action or claim that is directed against a specific individual or person, rather than against a thing or property. The term is often contrasted with “in rem,” which means an action or claim directed against property itself. |
48. | Innuendo | Innuendo refers to a form of indirect or subtle suggestion, insinuation, or implication, often with a negative or suggestive undertone. It involves hinting at or alluding to something without explicitly stating it, usually in a manner that can be interpreted in different ways depending on the context or the listener’s understanding. |
49. | In status quo | The term “status quo” is a Latin phrase that translates to “the existing state” or “the current situation.” It refers to the current or existing condition or state of affairs in a particular context, without any changes or modifications. When someone refers to maintaining the status quo, it means keeping things as they are without making any alterations or introducing new elements. This can be applicable to various areas, including politics, social issues, business, and personal situations. |
50. | Inter alia | “Inter alia” is a Latin phrase that translates to “among other things” in English. It is commonly used in legal, academic, and formal writing to indicate that a list or statement is not exhaustive and that there are additional items or factors that are not explicitly mentioned but are included. |
51. | Inter vivos | “Inter vivos” is a Latin term that translates to “between the living” in English. It is a legal term used to describe actions or transactions that occur during a person’s lifetime, specifically those involving the transfer of property or rights between living individuals, as opposed to actions taking place after death (referred to as “testamentary” or “postmortem” actions). |
52. | Interest Reipublicae Ut Sit Finis Litium | “Interest reipublicae ut sit finis litium” is a Latin phrase that can be translated as “It is in the interest of the state that there be an end to lawsuits.” |
53. | Jus cogens (or ius cogens) | Jus cogens, also known as ius cogens, is a Latin term in international law that refers to peremptory norms or principles that are recognized as fundamental and non-derogable. Jus cogens norms are considered to be of paramount importance and superior to other norms of international law. |
54. | Jus in personam | “Jus in personam” is a Latin term used in legal contexts, specifically in the field of civil law. It refers to rights or legal claims that are enforceable against a specific individual or person. The term is often contrasted with “jus in rem,” which pertains to rights or claims that are enforceable against a particular thing or property. |
55. | Jus in rem | “Jus in rem” is a Latin term used in legal contexts, particularly in property law. It refers to rights or claims that are enforceable against a specific thing or property rather than against a particular person. The term is often contrasted with “jus in personam,” which pertains to rights or claims enforceable against an individual. |
56. | Jus naturale | Jus naturale, also known as natural law, is a concept in philosophy and jurisprudence that refers to a set of principles or moral standards believed to be inherent in nature and applicable to all human beings. The term “jus naturale” comes from Latin, where “jus” means law, and “naturale” means natural. |
57. | Jus non scriptum | Jus non scriptum, also known as unwritten law or customary law, refers to legal principles and rules that have not been formally codified or written down but are instead based on long-standing customs, practices, and traditions within a particular community or society. This form of law is derived from the general consensus and behavior of the people, rather than from written statutes or legislation. |
58. | Jus scriptum | Jus scriptum, also known as written law or positive law, refers to the body of laws and legal principles that have been formally enacted and recorded in written form. It encompasses statutes, regulations, constitutions, treaties, and other legislative or legal instruments that have been created by legislative bodies or other authorized entities. |
59. | Jus | The term “jus” originates from Latin and translates to “law” in English. It is a broad concept that encompasses various aspects of law, justice, and rights. In legal and philosophical contexts, “jus” is often used to refer to the principles, rules, and systems that govern human conduct and relationships within a society. |
60. | Justitia nemini neganda est | “Justitia nemini neganda est” is a Latin phrase that translates to “Justice is to be denied to no one.” It is a fundamental principle of legal systems and emphasizes the idea that justice should be accessible and impartial, without discrimination or denial to any individual or group. |
61. | Lex non a rege est violanda | “Lex non a rege est violanda” is a Latin phrase that translates to “The law is not to be violated by the king.” It encapsulates the principle that even rulers and monarchs are subject to the law and are not above it. The phrase highlights the idea that no individual, including those in positions of power or authority, should be exempt from the legal framework that governs society. |
62. | Locus standi | Locus standi is a Latin term that translates to “standing” or “the right to bring an action.” It refers to the legal concept that determines whether an individual or entity has the right to initiate a legal proceeding or participate in a lawsuit. Locus standi is often associated with the principle of “standing” in common law jurisdictions. |
63. | Mala fide | “Mala fide” is a Latin term that translates to “in bad faith.” It is a legal term used to describe actions or intentions that are dishonest, fraudulent, or carried out with an improper motive. When someone acts mala fide, they are deliberately engaging in deceitful or malicious behavior to deceive or harm others. |
64. | Malum in se or Mala in se (plural) | “Malum in se” is a Latin term that translates to “evil in itself” or “wrong in itself.” It refers to acts or behaviors that are inherently and universally considered morally or ethically wrong, regardless of the legal or cultural context. These acts are considered inherently evil due to their inherent nature, such as murder, theft, or rape. They are typically seen as universally unacceptable and condemned by society. |
65. | Malum prohibitum | “Malum prohibitum” is a Latin term that translates to “wrong because it is prohibited.” It refers to acts or behaviors that are considered wrong solely because they are prohibited by law, rather than being inherently immoral or unethical. These acts are typically offenses created by statutes or regulations. |
66. | Mandamus | Mandamus |
67. | Mens rea | “Mens rea” is a Latin term used in criminal law to refer to the mental state or intention of a person while committing a crime. It is a fundamental concept in determining criminal liability and is often translated as “guilty mind” or “criminal intent.” |
68. | Misnomer | Misnomer is a legal term that refers to the incorrect or inaccurate naming or identification of a person, object, or legal entity in a legal document, such as a lawsuit or contract. It occurs when a party is referred to by a name or designation that is not their true or correct name. |
69. | Modus operandi | “Modus operandi” (often abbreviated as “M.O.”) is a Latin term used in criminal investigations to describe the characteristic method or pattern of operation employed by a particular individual or group when committing crimes. It refers to the specific techniques, behaviors, or procedures consistently used by a perpetrator during the commission of their criminal activities. |
70. | Modus Vivendi | “Modus vivendi” is a Latin term that translates to “way of living” or “mode of life.” It refers to an arrangement or agreement between parties to live together or coexist in a specific manner, typically to manage or resolve differences or conflicts. |
71. | Mutatis Mutandis | “Mutatis mutandis” is a Latin phrase that translates to “with necessary changes being made” or “with the necessary modifications.” It is often used in legal, academic, or philosophical contexts to indicate that certain adjustments or alterations need to be applied to a particular argument, statement, or situation in order to make it applicable to a different context or set of circumstances. |
72. | Nemo bis punitur pro eodem delicto | “Nemo bis punitur pro eodem delicto” is a Latin phrase that translates to “no one is punished twice for the same offense.” It is a fundamental principle of law known as the principle of double jeopardy. |
73. | Nemo debet bis vexari pro una et eadem causa | “Nemo debet bis vexari pro una et eadem causa” is a Latin phrase that translates to “No one should be twice vexed for one and the same cause.” It reflects the legal principle of double jeopardy, which prevents individuals from being prosecuted or punished multiple times for the same offense or cause of action. |
74. | Nemo debet esse judex in propria causa or Nemo judex in causa sua or Nemo judex in sua causa | The Latin phrases “Nemo debet esse judex in propria causa,” “Nemo judex in causa sua,” and “Nemo judex in sua causa” all convey the same meaning: “No one should be a judge in their own cause.” This principle is a fundamental aspect of natural justice and is known as the principle of bias or impartiality. The principle aims to ensure fair and unbiased proceedings by prohibiting individuals from acting as judges in cases where they have a personal interest or stake in the outcome. It prevents conflicts of interest, as a person with a vested interest in the matter at hand may not be capable of making an impartial and objective judgment. |
75. | Nemo moriturus praesumitur mentire | The Latin phrase “Nemo moriturus praesumitur mentire” can be roughly translated to “No one who is about to die is presumed to lie.” It is a legal principle that suggests that when a person is at the point of death, their statements or testimony are given significant weight and are generally considered to be truthful. The idea behind this principle is that when someone is facing their mortality, they have little reason or motivation to deceive others. |
76. | Nemo Potest esse tenens et dominus | The Latin phrase “Nemo potest esse tenens et dominus” translates to “No one can be both a holder and a lord.” This phrase conveys the idea that an individual cannot simultaneously hold a subordinate or servant position while also being in a position of authority or dominance over others. |
77. | Nolle prosequi | “Nolle prosequi” is a Latin legal term that translates to “to be unwilling to prosecute” or “to choose not to proceed.” It is a legal phrase used to indicate that the prosecution or the prosecuting party in a criminal case has decided to discontinue the prosecution of the case. |
78. | Novation | Novation is a legal term that refers to the act of substituting or replacing an existing contract or obligation with a new one. It involves the mutual agreement of all parties involved and generally requires the discharge of the original contract or obligation. |
79. | Nunc pro tunc | “Nunc pro tunc” is a Latin phrase that translates to “now for then” in English. It is a legal term used to describe an action that is done retroactively, as if it had been performed at a specific earlier time. When a court or administrative body issues an order or ruling nunc pro tunc, it means that the order or ruling is effective as of a past date, rather than the current date. This retroactive effect is typically used to correct errors, omissions, or oversights in legal documents or proceedings. |
80. | Non Sequitur | “Non sequitur” is a Latin phrase that literally translates to “it does not follow.” In logic and reasoning, a non sequitur refers to a conclusion or statement that does not logically follow from the premises or evidence presented. It is a logical fallacy where the conclusion is unrelated or inconsistent with the preceding information or argument. |
81. | Obiter dictum | “Obiter dictum” is a Latin term commonly used in legal contexts, and it refers to a statement or remark made by a judge in passing during the course of a legal opinion or judgment that is not directly relevant or necessary to the decision reached in the case. |
82. | Onus probandi | “Onus probandi” is a Latin term that translates to “burden of proof” in English. It is a fundamental principle in legal proceedings that defines the responsibility of a party to provide evidence and establish the truth of a claim or allegation. |
83. | Pacta Sunt Servanda | “Pacta sunt servanda” is a Latin phrase that translates to “agreements must be kept” in English. It is a fundamental principle of contract law, which states that parties to a legally binding agreement are obligated to fulfill the terms and obligations specified in the contract. |
84. | Pari passu | “Pari passu” is a Latin phrase that means “with equal step” or “on equal footing” in English. It is often used in legal and financial contexts to indicate that two or more parties or creditors have equal rights or entitlements and should be treated equally in terms of priority, treatment, or distribution. |
85. | Per curiam | “Per curiam” is a Latin term that translates to “by the court” in English. In legal contexts, a per curiam decision refers to a ruling or decision issued by a court as a whole, rather than being attributed to a specific judge or justice. It represents a unanimous or majority decision of the court. |
86. | Per se | “Per se” is a Latin term that is commonly used in English to indicate something that is inherently or intrinsically true or has a specific meaning on its own. It is often used to emphasize that a particular quality, characteristic, or action is considered by itself, without further qualification or additional factors. |
87. | Persona non grata | The term “persona non grata” (plural: personae non gratae) is a Latin phrase that translates to “person not welcome” or “unacceptable person.” It is used to describe an individual who is not welcome or accepted in a particular country, organization, or social group. When someone is declared persona non grata, it means they are no longer welcome within the confines of a specific jurisdiction or community. |
88. | Prima facie | “Prima facie” is a Latin term that translates to “at first sight” or “on its face” in English. It is a legal term used to describe evidence or a case that, upon initial examination, appears to be sufficient and establishes a fact or presumption. In other words, it refers to evidence that, on its face, appears to be valid, credible, and enough to support a particular claim or assertion. |
89. | Alimony | Alimony, also known as spousal support or maintenance, is a legal obligation in which one spouse provides financial support to the other spouse after a divorce or separation. It is designed to help the lower-earning or financially dependent spouse maintain a certain standard of living or financial stability following the end of the marriage. |
90. | Palimony | Palimony is a legal term that refers to a form of financial support or property division that may be awarded to a non-marital partner after the end of a long-term, cohabitating relationship. The term “palimony” is a blend of the words “pal” (meaning friend) and “alimony” (referring to spousal support). |
91. | Per curiam | “Per curiam” is a Latin term that translates to “by the court” or “by the court’s order.” In legal contexts, it refers to a decision or opinion issued by a court in the name of the court as a whole, rather than being attributed to any specific judge or justice. |
92. | Per incuriam | “Per incuriam” is a Latin legal term that translates to “through lack of care” or “by inadvertence.” In legal contexts, it refers to a situation where a court has made a decision or issued an opinion that contains an error or oversight due to a failure to consider or apply relevant law or binding precedent. |
93. | Quantum meruit | “Quantum meruit” is a Latin term that translates to “as much as he deserves” or “the amount earned.” In legal contexts, quantum meruit refers to a legal principle that allows for the recovery of reasonable compensation for goods or services provided, even in the absence of a formal contract or agreed-upon price. |
94. | Qui facit per alium, facit per se | “Qui facit per alium, facit per se” is a Latin legal maxim that translates to “he who acts through another, acts himself.” This principle reflects the legal concept of vicarious liability, which holds that a person who authorizes or directs another to perform an act is equally responsible for the consequences of that act. |
95. | Quid pro quo | “Quid pro quo” is a Latin phrase that translates to “something for something” or “this for that.” It is commonly used to refer to an exchange or trade where one party provides something of value in return for something else. |
96. | Qui sentit commodum, sentire debet et onus | “Qui sentit commodum, sentire debet et onus” is a Latin legal maxim that can be translated as “He who enjoys the benefit ought to bear the burden.” This principle reflects the idea that when someone receives a benefit or advantage from a particular situation or arrangement, they should also accept the associated responsibilities or burdens that come with it. |
97. | Quo warranto | “Quo warranto” is a Latin term that translates to “by what authority” in English. In legal contexts, quo warranto refers to a legal action or proceeding that challenges the authority or legitimacy of a person or entity holding a public office or franchise. |
98. | Ratio decidendi | “Ratio decidendi” is a Latin term that translates to “the reason for the decision” or “the rationale for the decision.” In legal contexts, ratio decidendi refers to the legal principle or reasoning underlying a court’s decision in a particular case. It represents the key legal principles or rules of law that the court relied upon in reaching its decision. |
99. | Respondeat superior | “Respondeat superior” is a Latin legal term that translates to “let the master answer.” It is a principle of vicarious liability in which an employer or principal can be held legally responsible for the wrongful acts or omissions committed by their employees or agents within the scope of their employment or agency. |
100. | Res ipsa loquitor | “Res ipsa loquitur” is a Latin legal term that translates to “the thing speaks for itself.” It is a legal doctrine or principle that allows a court to infer negligence or fault based on the circumstances of an accident or injury, even in the absence of direct evidence of negligence. |
101. | Res Judicata | “Res judicata” is a Latin term that translates to “a matter already judged.” It is a legal principle that refers to the doctrine of claim preclusion or issue preclusion, which prohibits the re-litigation of a matter that has already been adjudicated by a court and has reached a final judgment. |
102. | Res Judicata Pro Veritate Accipitur | “Res judicata pro veritate accipitur” is a Latin phrase that translates to “a matter adjudicated is accepted as true.” It is a legal principle that emphasizes the finality and binding effect of a court’s judgment or decision. |
103. | Rex non protest peccare | “Rex non potest peccare” is a Latin phrase that translates to “the king cannot do wrong.” It represents a legal principle known as the doctrine of the king’s immunity or the king’s prerogative. |
104. | Salus populi est suprema lex | “Salus populi est suprema lex” is a Latin phrase that can be translated as “the welfare of the people is the supreme law.” It represents a legal and political principle that emphasizes the well-being and best interests of the people as the highest priority in the formulation and application of laws and policies. |
105. | Status quo | “Status quo” is a Latin term that directly translates to “the state in which.” In general usage, it refers to the existing or current state of affairs, particularly in social, political, or legal contexts. The status quo represents the current situation, conditions, or circumstances that are currently in place. |
106. | Sine die | “Sine die” is a Latin term that translates to “without a day.” In a legal or legislative context, it refers to the adjournment of a meeting, session, or proceeding without specifying a date for resumption or continuation. |
107. | Sine qua non | “Sine qua non” is a Latin term that translates to “without which not.” It refers to an essential or indispensable element or condition that is necessary for something to exist or occur. It represents a crucial requirement or prerequisite without which a particular outcome or result cannot be achieved. |
108. | Suo Motu | “Suo motu” is a Latin term that translates to “on its own motion.” In legal contexts, it refers to an action or decision taken by a court or a judicial authority voluntarily and without being prompted or requested by any of the parties involved in the case. |
109. | Uberrima fides (sometimes uberrimae fidei) | “Uberrima fides,” or sometimes written as “uberrimae fidei,” is a Latin term that translates to “utmost good faith” or “utmost honesty.” It is a legal principle that is particularly associated with insurance contracts and other agreements where parties have a high degree of trust and reliance on one another. |
110. | Ubi jus ibi remedium | “Ubi jus, ibi remedium” is a Latin phrase that translates to “where there is a right, there is a remedy.” It is a legal principle that expresses the idea that whenever a legal right is violated or infringed upon, the law provides a corresponding remedy or recourse to address the wrongdoing. |
111. | Veto | The term “veto” originates from Latin and means “I forbid.” In a political context, a veto refers to the power or right of an individual or authority to reject or prohibit a decision, proposal, or action taken by another body or individual. |
112. | Vis major | “Vis major” is a Latin term that translates to “superior force” or “act of God.” It refers to an unforeseeable and uncontrollable event or circumstance that is beyond human control and often results in the inability to fulfill contractual obligations or perform certain acts. |
113. | Volenti non fit injuria | “Volenti non fit injuria” is a Latin phrase that translates to “to a willing person, no injury is done.” It is a legal principle that signifies that if someone willingly and knowingly exposes themselves to a particular risk or harm, they cannot later claim that they have been wronged or injured as a result. |
114. | Vox populi | “Vox populi” is a Latin phrase that translates to “the voice of the people.” It refers to the collective opinion or sentiment of the general public or the majority of the population on a particular matter or issue. |
115. | Waiver | A waiver is a voluntary and intentional relinquishment or abandonment of a right, claim, privilege, or legal requirement. It is a legal concept that allows individuals or entities to give up certain rights or obligations, either explicitly or implicitly, usually through a written agreement or a clear and unequivocal statement. |