A number of Latin terms are used in legal terminology and legal maxims. This is a partial list of these terms, which are wholly or substantially drawn from Latin, or anglicized Law Latin.
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Common law
Term or phrase Literal translationDefinition and useEnglish pron a fortiorifrom strongerAn a fortiori argument is an "argument from a stronger reason", meaning that, because one fact is true, a second (related and included) fact must also be true. a mensa et thorofrom table and bedDivorce a mensa et thoro indicates legal separation without legal divorce. a posteriorifrom laterAn argument derived after an event, having the knowledge about the event. Inductive reasoning from observations and experiments. a priorifrom earlierAn argument derived before an event, without needing to have the knowledge about the event. Deductive reasoning from general principles. a quofrom whichRegarding a court below in an appeal, either a court of first instance or an appellate court, known as the court a quo. ab extrafrom outsideConcerning a case, a person may have received some funding from a 3rd party. This funding may have been considered ab extra. ab initiofrom the beginning"Commonly used referring to the time a contract, statute, marriage, or deed become legal. e.g. The couple was covered ab initio by her health policy." absque hocwithout this"Presenting the negative portion of a plea when pleading at common by way a special traverse." Actio non datur non damnificatoAn action is not given to one who is not injured.The requirement that in most private legal actions, the person bringing the action must have been damaged in some way. Actus legis nemini facit injuriumThe act of law injures no one. Actus non facit reum, nisi mens sit reaNo act is punishable that is not the result of a guilty mind.The prosecution in a criminal case must prove beyond a reasonable doubt, not only a criminal act, but also a certain level of a guilty mind (mens rea), specified in the criminal statute. actus reusguilty actPart of what proves criminal liability (with mens rea). ad coelumto the skyAbbreviated from Cuius est solum eius est usque ad coelum et ad infernos which translates to "[for] whoever owns [the] soil, [it] is his all the way [up] to Heaven and [down] to Hell." The principle that the owner of a parcel of land also owns the air above and the ground below the parcel. ad colligenda bonato collect the goodsIn cases of a disputed will, delay may endanger the assets of the deceased. Therefore, a court can give a person a writ of ad colligenda bona, which entitles them to collect and preserve the goods while their rightful owner is determined. Afterwards, that person will release the goods to the rightful owner. ad hocfor thisGenerally signifies a solution designed for a specific problem or task, non-generalizable, and not intended to be able to be adapted to other purposes. ad hominemat the personAttempting to make a point of logic by attacking an opponent's character rather than answering their argument. ad idemto the same thingIn agreement. ad infinitumto infinityTo continue forever. ad litemfor the caseDescribes those designated to represent parties deemed incapable of representing themselves, such as a child or incapacitated adult. according to the harmUsed in tort law. Implies that the reward or penalty ought to correspond to the damage suffered or inflicted. ad valoremaccording to value adjournment sine dieadjournment without a dayWhen an assembly adjourns without setting a date for its next meeting. aequalitas ante legemequality before the lawAll are equal before the law affidavithe has swornA formal statement of fact. allocaturit is allowedGenerally, a statement from a court that a writ is allowed (i.e. granted); most commonly, a grant of leave to appeal by the Supreme Court of Pennsylvania, in reference to which the word is used equivalently to certiorari (q.v.) elsewhere. alter egoanother IA second identity living within a person. Alteri stipulari nemo potestNo-one can alter on their own a contract amicus curiaefriend of the courtA person who offers information to a court regarding a case before it. animus contrahendicontractual intentIntention to contract. animus manendiintention to remainThe subjective intent to remain indefinitely in a place so as to establish it as one's permanent residence. Along with actual residence, this is used to establish domicile. Also called animus remanendi. See diversity of citizenship. animus nocendiintention to harmThe subjective state of mind of the author of a crime, with reference to the exact knowledge of illegal content of their behaviour, and of its possible consequences. animus possidendiintention to possess"In order to claim possessory rights, an individual must establish physical control of the res and the intention to possess (i.e. animus possidendi)" animus revertendiintention to return"Wild animals, such as bees and homing pigeons, that by habit go 'home' to their possessor. Used when discussing ferae naturae." animus testanditestamentary intentThe intention, when writing a document, that the document should serve as a last will and testament.antebefore“An antenuptial agreement is a contract between two people that is executed before marriage.”(in) arguendofor the sake of argument bona fidein good faithImplies sincere good intention regardless of outcome. bona vacantiaownerless goods cadit quaestiothe question fallsIndicates that a settlement to a dispute or issue has been reached, and the issue is now resolved. casus bellicase of warThe justification for acts of war. caveatMay he bewareWhen used by itself, refers to a qualification, or warning. caveat emptorLet the buyer bewareIn addition to the general warning, also refers to a legal doctrine wherein a buyer could not get relief from a seller for defects present on property which rendered it unfit for use. certiorarito be apprisedA type of writ seeking judicial review. cessante ratione legis cessat ipsa lexwhen the reason for a law ceases, so does the law itselfHerbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. Used as a reason for acquittal in The Case of the Speluncean Explorers. ceteris paribuswith other things the sameMore commonly rendered in English as "All other things being equal." compos mentishaving command of mindOf sound mind. Also used in the negative "Non compos mentis", meaning "Not of sound mind". condicio sine qua nonA condition without which it could not beAn indispensable and essential action, condition, or ingredient. consensus ad idemagreement to the sameMeeting of the minds, mutual assent, or concurrence of wills. Parties must be of one mind and their promises must relate to the same subject or object Also consensus in idem. contraagainstUsed in case citations to indicate that the cited source directly contradicts the point being made. contra legemagainst the lawUsed when a court or tribunal hands down a decision that is contrary to the laws of the governing state. contradictio in adjectocontradiction in what is addedA contradiction where the modifier contradicts the modified (e.g., a square triangle). contra proferentemagainst the one bringing forthUsed in contract law to stipulate that an ambiguous term in a contract shall be interpreted against the interests of the party that insisted upon the term's inclusion. Prevents the intentional additions of ambiguous terminology from being exploited by the party who insisted on its inclusion. coram non judicebefore one who is not a judgeRefers to a legal proceeding without a judge, or with a judge who does not have proper jurisdiction. corpus delictibody of the crimeA person cannot be convicted of a crime, unless it can be proven that the crime was even committed. corpus jurisbody of lawThe complete collection of laws of a particular jurisdiction or court. corpus juris civilisbody of civil lawThe complete collection of civil laws of a particular jurisdiction or court. Also sometimes used to refer to the Code of Justinian. corpus juris gentiumbody of the law of nationsThe complete collection of international law. corpus juris secundumAn encyclopedia of US law drawn from US Federal and State court decisions. crimen falsicrime of falsifyingForgery. cui bonoas a benefit to whom?Suggests that the perpetrator(s) of a crime can often be found by investigating those who would have benefited financially from the crime, even if it is not immediately obvious. curia advisari vultthe court wishes to considerSignifies the intent of a court to consider the points of law argued during advocacy, prior to judgement. de bonis asportatiscarrying goods awaySpecifies that larceny was taking place in addition to any other crime named. E.g. "trespass de bonis asportatis". debellatiowarring downComplete annihilation of a warring party, bringing about the end of the conflict. de bonis non administratisof goods not administeredAssets of an estate remaining after the death (or removal) of the designated estate administrator. An "administrator de bonis non administratis" will then be appointed to dispose of these goods. de die in diemfrom day to dayGenerally refers to a type of labor in which the worker is paid fully at the completion of each day's work. de factoin factLiterally "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". Cf. de jure. de futuroconcerning the futureAt a future date. de integroconcerning the wholeOften used to mean "start it all over", in the context of "repeat de integro". de jureaccording to lawLiterally "from law"; something that is established in law, whether or not it is true in general practice. Cf. de facto. de lege ferendaof the law as it should beUsed in the context of "how the law should be", such as for proposed legislation. de lege lataof the law as it isConcerning the law as it exists, without consideration of how things should be. de minimisabout the smallest thingsVarious legal areas concerning small amounts or small degrees. de minimis non curat lexthe law is not concerned with minimal thingsThe rule that the law will not remedy an injury that is minimal. de novoanewOften used in the context of "trial de novo"a new trial ordered when the previous one failed to reach a conclusion. deorum injuriae diis curaeThe gods take care of injuries to the godsBlasphemy is a crime against God, rather than against the State. dictum (thing) saidA statement given some weight or consideration due to the respect given the person making it. doli incapaxincapable of guiltPresumption that young children or persons with diminished mental capacity cannot form the intent to commit a crime. dolus bonusJustinian Digest dolus malusJustinian Digest dolus specialisSpecific deceitHeavily used in the context of genocide in international law. domitae naturaetame by natureTame or domesticated animal. Also called mansuetae naturae. Opposite of ferae naturae (below) donatio mortis causadeathbed giftGift 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 personaepersons of the drama duces tecumbring with youA "subpoena duces tecum" is a summons to produce physical evidence for a trial. ejusdem generisof the same classKnown as a "canon of construction", it states that when a limited list of specific things also includes a more general class, that the scope of that more general class shall be limited to other items more like the specific items in the list. eo nomineby that name erga omnestowards allRefers to rights or obligations that are owed towards all. ergo erratumhaving