May 15, 2012

FOREIGN WORDS FREQUENTLY USED IN LAW


ab initio
 from the beginning.
locus standi
signifies a right to be heard.
ad hoc:
for particular purpose, pertaining to or for the purpose of, this case only.
mens rea:
a guilty mind.
ad interim :
in the meantime
mesne profits:
intermediate profits, the profits which a person in wrongful possession of the property actually received or might with ordinary diligence have received therefrom together with interest on such profits excluding the profits due to improvement made by the person in wrongful possession.
amicus curiae:
friend of the court; one who voluntarily or on invitation of the court, and not on the instructions of any party, helps the court in any judicial proceedings. 
modus operandi:
mode of operating; the way in which a thing, cause etc. operates.
audi alteram:
hear the other side. Both sides should be heard before a decision is arrived at.
mutatis mutandis:
with the necessary changes in points of detail, with such change as may be necessary.
caveat emptor:
let the purchaser beware. A maxim implying that the buyer must be cautious, as the risk is his and not that of the seller.
nexus:
bond, link or connection.
cestui que trust
a beneficiary under a trust, the person for whose benefit a trust is created.
non obstante:
"notwithstanding clause." A legislative device which is usually employed to give overriding effect to certain provisions over some contrary provision that may be found either in the same enactment, or some other enactment, that is to say, to avoid the operation and defect of all contrary provisions.
de facto:
in fact : an expression indicating the actual state of circumstances independently of any question of right or title.
de jure:
in law : independent of what obtains in fact.
obiter dictum:
an opinion of law not necessary to the decision. An expression of opinion (formed) by a judge on a question immaterial to the ratio decidendi, and unnecessary for the decision of the particular case. It is no way binding on any court, but may receive attention as being an opinion of high authority.
dehors:
outside of : unconnected with, unrelated to; 
pendente lite:
during litigation.
de novo:
anew.
per incuriam:
through carelessness, through inadvertence. A decision of the court is not binding precedent if given per incuriam, that is, without the court's attention having been drawn to the relevant authorities, or statutes.
ejusdem generis
of the same kind or nature. Where a list of specific items is followed by general concluding clause, this is deemed to be limited to things of the same kind as those specified.
pro tanto:
to that extent, for so much, for as much as may be.
ex gratia:
as a matter of grace or favour.
quid pro quo:
the giving of one thing of value for another thing of value; one for the other; thing given as compensation.
ex officio
by virtue of an office.
ratio decidendi:
reasons for deciding, the grounds of decision.
ex parte:
expression used to signify something done or said by one person not in the presence of his opponent.
res integra:
an untouched matter; a point without a precedent; a case of novel impression.
fait accompli:
an accomplished act.
res judicata:
a case or suit already decided.
in limine:
at the outset.
rule nisi:
a rule to show cause why a party should not do a certain act, or why the object of the rule should not be enforced.
in pari materia:
upon the same matter or subject
rule absolute:
when, having heard counsels, court directs the performance of that act forthwith.
in personam:
against the person; an act or proceeding done or directed against or with reference to a specific person.
sine die:
without day.
in rem:
an act/proceeding done or directed with reference to no specific person or with reference to all whom it might concern.
sine qua non:
an indispensable requisite.
inter alia:
amongst other things.
stare decisis
to stand by things decided; to abide by precedents where the same points come again in litigation.
inter vivos:
between living persons
status quo:
existing condition.
intestate:
a person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition ("will") capable of taking effect. 
sub judice:
before a judge or court, pending decision of a competent count.
intra vires:
within the powers; within the authority given by law.
ultra vires:
beyond one's powers.
ipse dixit:
he himself said it; there is no other authority for it.
ipso facto
by the mere fact, automatically
ipso jure:
by the law itself; by the mere operation of law.
lis pendens:
a pending suit.