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BAGG ROSKE &
ASSOCIATES LLP
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Lateinische Worte und Phrasen:
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
a fortiori
— With Stronger reason; much more.
a mensa et thoro —
From bed and board. a priori
— From what goes before; from the cause to the effect
a vinculo matrimonii
— From the bonds of marriage ab
initio — From the beginning
actions in personam
— Personal actions ad faciendum
— To do. ad hoc
— For this ( for this special purpose)
ad infinitum —
Indefinitely; forever ad litem
— For the suit; for the litigation ( a guardian ad litem is a person
appointed to prosecute or defend a suit for a person incapacitated by
infancy or incompetency.) ad quod
damnum — To what damage; what injury. ( A
phrase used to describe the plaintiff’s money loss or the damages he
claims.) ad respondendum
— To answer ad satisfaciendum
— To Satisfy ad valorem
— According to value aggregatio
menium — Meeting of minds
alias dictus —
Otherwise called alibi
— In another place; elsewhere alii
— Other aliunde
— From another place; from without (as evidence outside the document).
alius —
Another alter ego
— The other self alumnus
— A foster child amicus curiae
— Friend of the court animo
— With intention, disposition, design, will.
animus — Mind,
intention animus furandi
— The intention to steal animus
revertendi — An intention of returning.
animus revocandi
— An intention to revoke animus
testandi — An intention to make a testament or
will anno Domini(A.D.)
— in the year of the Lord Ante
— Before ante litem motam
— Before suit brought arguendo
— In the course of the argument
assumpsit — He undertook; he promised
bona fide — in good
faith bona vacantia
— Vacant goods( Personal property that no one claims, which escheats to
the state.)
capias
— Take; arrest. ( A form of writ directing an arrest)
capias ad satisfaciendum(ca.sa)
— Arrest to satisfy. (A form of writ)
causa mortis —
by reason of death caveat
— let him beware; a warning
caveat emptor
— Let the buyer beware cepit et
asportavit — He took and carried away
certiorari
— To be informed of ; to be made certain in regard to (see glossary of
legal terms) cestui(pl.cesuis)
— beneficiaries (Pronounced ìsettyî)
cestui que trust
— He who benefits by the trust
cestui que use — He who benefits by the
use cestui que vie
— He whose life measures the duration of the estate
civiliter mortuus
— Civilly dead Consensus, non
concubitus, facit nupitas vel matrimonium
— Consent, not cohabitation, constitutes nuptials or marriage
constortium(pl.consortia)
— A union of lots of chances(a lawful marriage)
contra —
Against contra bonos mores
— Against good morals contra pacem
— Against the peace coram non judice
— In presence of a person, not a judge. (A suit brought and determined
in a court having no jurisdiction over the matter is said to be coram
non judice, and the judgment is void.)
corpus — Body
corpus delicti
— The body of the offense; the essence of the crime
corpus juris —
A body of law corpus juris civilis
— The body of the civil law
Cujus est solum, ejus est usque ad coelum
— whose the soil is, his it is up to the
sky cum testamento annexo(c.t.a)
— with the will annexed. (Describes an
administrator who operates under a will rather than in intestacy.)
damnum absque injuria
— Damage without injury(Damage without legal wrong)
datum (pl.data)
— A thing given; a date de bonis non
administratis — Of the goods not
administered. Frequently abbreviates to de bonis non
de bono et malo
— For good and ill de facto
— In fact; in deed; actually de jure
— Of right; Lawful De mimimis non
curat lex — The law does not concern
itself with trifles de novo
— Anew; afresh de son tort
— Of his own wrong dies non
— Not a day ( on which the business of the courts can be carried on)
donatio mortis causa
— A gift by reason of death( A gift made by a person in sickness, under
apprehension of death) duces tecum
— You bring with you( A term applied to a writ commanding the person
upon whom it is served to bring certain evidence with him to court. This
we speak of a subpoena duces tecum)
dum bene se gesserit — While he shall
conduct himself well; during good behavior
durante minore aetate
— During minority durante viduitate
— During widowhood
e
converso — Conversely; on the other hand
eo instanti
— Upon the instant erratum ( pl.
errata) — Error
et alii ( et al.)
— And another et cetera (etc)
— And other things
ex cathedra —
From the chair ex contractu
— (Arising) from the contract ex
delicto — (Arising) from a tort
ex gratia
— As a matter of favor Ex
necessitate legis — From legal necessity
Ex officio
— From office; by virtue of his office
Ex parte — On
one side only; by or for one party
Ex post facto — After the fact
Ex rel ( short for ex relatione)
— On information of; on behalf of a party or parties
Et luxor (et ux)
— and wife Et vir
— and husband
Felonice — Feloniously
Feme Covert —
A married woman Feme sole
— A single woman (including one who has been marries but whose marriage
has been dissolved by death or divorce.)
Ferae naturae
— Of a wild nature Fiat
— Let it be done( A short order of warrant of a
judge, commanding that something shall be done.)
Fieri — To be
made up; to become Fieri facias
— Cause to be made ( A writ directed to the sheriff to reduce the
judgment debtorís property to money in the amount of the judgment)
Filius nullius
— The son of nobody; a bastard
Filius populi — The son of the people
Flagrante delicto
— In the very act of committing the crime
Habeas corpus — You have the body. ( see
glossary of legal terms) Habendum
clause — Clause in deed that defines
extent of ownership by grantee.
Habere facias possessionem — That you
cause to have possession ( a writ to give ejectment).
Habere facias seisinam
— That you cause to have seisin.( A writ to give possession)
Honorarium — (
pl. honoraria)
Idem
sonans — Having the same sound ( as
names sounding alike but spelled differently).
Ignorantia legis nemien excusat
— Ignorance of the law excuses no one.
Illicitum collegium
— An unlawful association Impotentia
excusat legem — Impossibility is an
excuse in law In bonis
— In goods; among possessions In
esse — in being; existence
In extremis —
In extremity (in the last illness)
In fraudem legis — In circumvention of
law Infuturo
— In the future In loco parentis
— In the place of parent In pari
delicto — In equal fault
In personam —
A remedy where the proceedings are against the person, as
contradistinguished from those against a specific thing.
In praesenti —
At present; at once; now In re
— in the matter In rem
— a remedy where the proceedings are against the thing, as distinguished
from those against the person In
rerum natura — in nature; in life; in
existence In specie
— In the same, or like, form (To decree performance in specie is to
decree specific performance.) In
statu quo — in the condition in which it
was ( See satus quo) In terrorem
— in terror In toto
— in the whole; completely In
transitu — In transit; in course of
transfer Indebitatus assumpsit
— Being indebted, be promised, or undertook. (An action in which
plaintiff alleges defendant is indebted to him
Indicia —
Marks; signs Infra
— Below Innuendo
— Meaning Inter
— Among; between Inter vivos
— between the living Interim
— In the meantime Intra
— within; inside Ipse dixit
— He himself said (it). (An assertion made but not proved)
Ipso facto —
by the fact itself Ita est
— so it is
Jura
personarum — Rights of persons
Jura rerum
— Rights of things Jurat
— Portion of affidavit in which officer administering the oath certified
that it was sworn to before him Jure
divino — by divine right
Jure uxoris —
in his wifeís right Jus (pl. jura)
— Law; laws collectively Jus
accrescendi — The right of survivorship
Jus ad rem
— a right to a thing Jus civile
— Civil law Jus commune
— The common law; the common right
Jus gentium — the law of nations;
international law Jus habendi
— the right to have a thing Jus
proprietais — right of property
Levari facias — cause to be levied; a
writ of execution Lex loci
— law of the place (where the cause of action
arose) Lex loci rei sitae
— the law of the place where a thing is
situated Lex mercatoria
— the law merchant Lis pendens
— litigation pending; a pending suit
Locus delicti
— the place of the crime or tort
Locus in quo —
the place in which Locus
sigillii(L.S.) — The place for the seal
Mala fides —
bad faith Mala in se
— wrongs in themselves (acts morally wrong)
Mala praxis —
Malpractice Mala prohibita
— prohibited wrongs or offenses Malo
animo — with evil in itself
Mandamus — we
command Manu forti
— with a strong hand (forcible entry)
Mens rea
— guilty mind
Nihil dicit — he says nothing (judgment
against defendant who does not put in a defense to the complaint)
Nil debet
— he owes nothing Nisi prius
— unless before (The phrase is used to denote the forum where the trial
was held as distinguished from the appellate court)
Nolle prosequi
— to be unwilling to follow up, or to prosecute
(A formal entry on the record by the plaintiff or the prosecutor that he
will not further prosecute the case)
Nolo contendere
— I will not contest it Non compos
mentis — Not of sound mind
Non est factum
— it is not his deed Non obstante
— notwithstanding Non prosequitur
(non pros) — he does not follow up, or
purse, or prosecute. (if the plaintiff fails to take some step that he
should, the defendant may enter a judgment of non pros against him)
Nudum pactum
— a nude pact (a contract without consideration)
Nul tiel record
— no such record Nul tort
— No wrong done
Nulla bona —
no goods Nunc pro tunc
— now for then
Obiter dictum — remark by the way
Onus probandi
— the burden of proof Opus (pl.
opera) — work; labor
Ore tenus — by
word of mouth; orally
Pari
delicto — in equal guilt
Particeps criminis
— an accomplice in the crime Pater
familias — the father (head) of a family
Peculium
— Private property
Pendente lite
— pending the suit; during the litigation
Per annum — by
the year Per autre vie
— for anotherís lifetime Per capita
— by the head; as individuals (in a
distribution of an estate, if the descendants take per capita, they take
share and share alike regardless of family lines of descent)
Per centum (percent)
— by the hundred Per contra
— in opposition Per curiam
— by the court Per diem
— by the day Per se
— by itself; taken alone
Per stirpes —
by stems or root; by representation( in a distribution of an
representation of an ancestor, not as individuals)
Postmortem —
after death Postobit
— to take effect after death
Praecipe or precipe — command ( a
written offer to the clerk of the court to issue a writ)
Prima facie —
at first sight; on the face Pro
— for Pro confesso
— as confessed Pro forma
— as a matter of form Pro hac vice
— for this occasion Pro rata
— according to the rate or proportion
Pro tanto —
for so much; to that extent Pro
tempore (pro tem) — for the time being;
temporarily Prochein ami
— Next friend
Publici juris
— of public right Pur autre vie
— for, or doing, the life of another
Quaere — query; question; doubt ( this
word indicates that a particular rule, decision, or statement that
follows it is open to question)
Quantum merit — as much as he deserved
Quantum valebant
— as much as they were (reasonably) worth (in
absence of agreement as to vaule)
Quare — wherefore
Quare clausum fregit
— wherefore he broke the close (a form of
trespass on another’s land) Quasi
— as id; as it were (indicates that one
subject resembles another, but that there are also intrinsic differences
between them. Thus we speak of quasi contracts, quasi torts, and so on.)
Quid pro quo
— What for what; something for something ( a
term denoting the consideration for a contract)
Quo warranto —
by what right or authority Quoad hac
— as to this Quod computet
— that he account
Reductio ad absurdum — reduced to the
absurd Res
— a thing; an object; the subject matter
Res gestate —
things done; transactions Res ispsa
loquitur — the thing speaks for itself
Res judicata
— a matter adjudicated
Scienter — knowingly
Scilicet ( SS. Or ss.).
— to wit ( the abbreviation sc. Is not used in legal papers)
Scintilla — a
spark; the least particle Scire
facias — cause to know; give notice ( a
writ used to revive a judgment that has expired)
Se defendendo
— in self-defense; in defending oneself
Semper —
always Semper paratus
— always ready ( a plea by which the defendant alleges that he has
always been ready to perform what is demanded of him)
Seriatim —
severally; separately Sigillum
— a seal
Simplex obligato
— a simple obligation Sine die
— without day (without a specified day
being assigned for a future meeting or hearing)
Situs —
situation; location Stare decisis
— to abide by decided cases Status
quo — state in which (the existing state
of things at any given date) Sub
judice — under consideration
Sub modo —
under a qualification; in a qualified way
Sub nom —
under the name Sui juris
— of his own right (having legal capacity to act for himself)
Supersedeas —
that you supersede ( a writ commanding a stay of the proceedings)
Supra —
above
Terminus a quo
— the starting point
Ultra vires — without power; beyond the
powers of
Venire facias
— that you cause to come (a kind of summons)
Verba fortius accipiuntur contra proferentem
— words are to be taken most strongly against the one using them
Versus (vs., v)
— against, Vi et armis
— by force and arms Via
— a road; a right of way; by way of
Vice versa — on the contrary; on
opposite sides Videlicet
— (viz; contraction of videre and licet) it is easy to see (that is
namely) Virtute officii
— by virtue of his office Viva voce
— by the living voice; by word of mouth
Voir dire — to
speak the truth (denotes a preliminary examination to determine the
competency of a witness)
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BAGG ROSKE &
ASSOCIATES LLP
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