LI Network
Published on: 22 June 2023 at 13:00 IST
A Treasury of Latin Maxims for Lawyers and Law Students
In the world of law, Latin has long been a revered language, carrying with it a rich history and profound wisdom. Lawyers and law students often encounter Latin phrases and maxims in legal texts, courtrooms, and scholarly discussions. These ancient expressions encapsulate centuries of legal principles, guiding the minds and decisions of legal professionals throughout the ages.
We are delighted to present “LAW INSIDER LATIN MAXIM- 2023 V1: A Treasury of Latin Maxims for Lawyers and Law Students.” This unique collection of Latin maxims has been meticulously curated and compiled with the aim of providing a valuable resource for the legal community. What sets this book apart is that it is not only comprehensive but also completely free and available to the public.
Whether you are a seasoned lawyer seeking to refresh your knowledge or a passionate law student embarking on your legal journey, Legal Maxims will prove to be an invaluable companion. Delve into the depths of legal Latin as you explore over 500 carefully selected maxims, each accompanied by its translation and a concise explanation of its legal significance.
From the iconic “in flagrante delicto” to the profound “ignorantia juris non excusat,” this collection covers a wide spectrum of Latin maxims, encompassing principles of equity, justice, and legal reasoning. By understanding the meaning and context of these timeless phrases, you will gain a deeper appreciation for the foundations of law and enhance your ability to navigate complex legal landscapes.
Legal Maxims is not just a book; it is a testament to the power of knowledge and accessibility. We believe that legal education should be within reach for all aspiring legal minds, regardless of financial constraints. Thus, we have made this collection available for free, recognizing the transformative potential it holds for lawyers, law students, and anyone with a curious mind.
Join us on this linguistic journey as we unlock the mysteries of Latin maxims and explore their enduring relevance in the modern legal world. Legal Maxims is your gateway to the profound wisdom of legal Latin, paving the way for a deeper understanding of the law and empowering you to excel in your legal pursuits.
Remember, knowledge should be free, and with Legal Maxims, it truly is.
A
A Fortiori
all the more; from a stronger reason
A Posteriori
argument from the consequence to the antecedent
A Priori
deductive; from earlier i.e. original or antecedent; argument from antecedent to the consequent; not empirical
A Verbis Legis Non Est Recendendum
from the words of the law there is not any departure
Ab Initio
from the beginning
Ab Intestato
‘succession ab intestato’ means succession to the property of a person who has not made his will
Absolute Sententia Expositore Non Indiget
plain language does not need an interpreter
Abundans Cautela Non Nocet
great caution does no harm
Acqessorium Non Ducit, Sed Sequitur Suum Principale
the accessory right does not lead, but follows its principal
Accessorius Sequitur Naturam Sui Principalis
an accessory follows the nature of its principle
Accusator Post Rationabile Tempus Non Est Audiendus, Nisi Se Bene De Omissione Excusaverit
an accuser is not to be heard after a reasonable time unless he can account satisfactorily for the delay
Act In Pais
a judicial or other act performed out of court and not a matter of record
Actio Non Datur Non Damnificato
an action is not given to him who is not injured
Actio Personalis Moritur Cum Persona
a personal right of action dies with the person, in other words, the personal action dies with a man
Actori Incumbit Onus Probandi
the burden of proof lies on the plaintiff or the prosecution
Actus Curiae Neminem Gravabit
an act of the court shall prejudice no one
Actus Dei Nemini Fa Cit Injuriam
the act of God is prejudicial to no one; the law holds no man responsible for the act of God; the act of God or Vis major is some inevitable natural calamity which generally excuses from liability, contractual or statutory
Actus Legis Nemini Est Damnosus
an act in law shall prejudice no man
Actus Non Facil Reum, Nisi Mens Sit Rea
the act itself does not constitute guilt unless done with a guilty intent. An act is not a crime unless it is committed with a particular criminal intention (mens rea).
Actus Reus
wrongful act
Ad Alium Diem
at another day
Ad Ea Quae Frequentius Acciduntjura Adaptantur
the laws are adapted to those cases which more frequently occur
Ad Hoc
for particular purpose
Ad Hominem
to the man; personal
Ad Infinitum
without limit; for ever
Ad Interim
in the meantime
Ad Litem
for the suit e.g. guardian ad litem
Ad Valorem
according to the value
Adversus Extraneous Vitiosa Possessio Prodessi Solet
an imperfect possession is accustomed to prevail as against outsiders claiming adversely
Aedificare In Tuo Proprio Sole Non Licet Quod Alteri Nou Neceat
it is no proper to build upon one’s own land what may be injurious to another
Aequitas Est Correctio Legis Generaliter Latae, Qua Parte Deficit
equity is a correction of the general law in the part where it is defective
Aequitas Est Quasi Equalitas
equity is as if it were equality
Aequitas Factum Habet Quod Fieri Oportuit
equity regards as done that which ought to have been done. Equity treats a contract to do a thing as producing the state of affairs which the parties intended should exist when the contract had been duly performed
Aequitas Nunquam Contravenit Leges
equity never counteracts the laws
Aequitas Sequitur Legem
Equity follows the law. Equity does not claim to over-ride the law. Equity generally operates by recognising the legal rule and adding some further rule, remedy or other machinery of its own. Thus in the case of a trust, equity recognises the legal title of the trustee but compels him to hold it on trust for the beneficiary
Aequum Et Bonum Est Lex Legum
othat which is equal and good is the law of laws
Affirmanti Non Neganti Incumbit Probatio
the burden of proof lies upon him who affirms, not upon him who denies
Alibi
a plea by a person accused of an offence that he was ‘elsewhere’- that having regard to the time and place when and where he is alleged to have committed the offence, he could not have been present
Alieno Solo
in the land of another; on other’s land
Aliter
otherwise
Allegans Contraria Non Est Audiendus
he who alleges contradictory things is not to be heard. A man shall not be permitted to “blow hot and cold” with reference to the same transaction or insist at different times, on the truth of each of two conflicting allegations, to suit his private interests
Allegatio Contra Factum Non Est Admittenda
oan allegation contrary to a deed is not admissible
Ambigua Responsio Contra Proferentem Est Accipienda
an ambiguous answer is to be taken against him who offers it
Ambiguitas Verborum Latens Verificatione Suppletur, Nam Quod Ex Facto Oritur Ambiguum Verificatione Facti Tollitur
latent ambiguity of words may be removed by parole evidence, for an ambiguity arising upon proof” of extraneous fact may be removed in like manner
Ambiguitas Verborum Patens Nulla Verificatione Excluditur
a patent ambiguity cannot be cleared up by extrinsic evidence
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
Animus
intention | hostility | ill will | hatred
Animus Deserendi
intention to desert
Animus Domini
the intention of possession and ownership by entry or user
Animus Hominis Est Anima Scripti
intention is the soul of an instrument
Animus Possidendi
the intention of possessing
Animus Revertendi
the intention of returning
Animus Testandi
intention of making a will
Applicatio Est Vita Regulae
application is the life of a rule
Arbitrium Est Judicium
an award is a judgment
Argumentum A Simili Valet In Lege
An argument from a like case is good in law. The binding effect of decision does not depend upon whether a particular argument was considered therein or not, provided that the point with reference to which an argument was subsequently advanced was actually decided
Argumentum Ab Inconvenienti Plurimum Valet
an argument from inconvenience avails much in law
Assensio Mentium
the meeting of minds i.e. mutual consent
Assignatus Utitur Jure Auctoris
an assignee is clothed with the rights of his assignor
Audi Alteram Partem
hear the other side. Both sides should be heard before a decision is arrived
Auter Droit
the right of another
Autrefois Acquit
formerly acquitted. By this plea, a person charged with an offense pleads that he had been tried before and acquitted of the same offence by a competent court
Autrefois Convict
formerly convicted. By this plea, a person charged with an offence pleads that he had been tried before and convicted of the same offence by a competent court
B
Benignae Sunt Faciendae Interpretationes Carhlrum, Propter Simplicitatem Laicorum, Ut Res Magis Valeat Quam Per Eat; Et Verba Intentioni, None Contra, Debent Inservire
liberal constructions of written documents are to be made, because of the simplicity of the laity, and uphold the document; and words ought to be made subservient, not contrary, to the intension
Benignior Sententia In Verbis Generalibus Seu Dubiis Est Praeferenda
othe most favourable construction is to be placed on general or doubtful expressions
Bona Fide
In good faith
Bonae Fidei Possessor In Id Tantom Quod Ad Se Pervenerit, Tenetur
a possessor in good faith is only liable for that which he himself has obtained
Boni Judicis Est Judicium Sine Dilatione Mandare Executioni
it is the duty of a good judge to order judgment to be executed without delay
Bonijudicis Est Lites Dirimere Ne Lis Ex Lite Oritur
it is the duty of a good judge to prevent litigation lest suit arises from suit
Breve Judiciale Non Cadit Pro Defectu Formae
a judicial writ fails not through defect of form
Benignae Sunt Faciendae Interpretationes Carhlrum, Propter Simplicitatem Laicorum, Ut Res Magis Valeat Quam Per Eat; Et Verba Intentioni, None Contra, Debent Inservire
liberal constructions of written documents are to be made, because of the simplicity of the laity, and uphold the document; and words ought to be made subservient, not contrary, to the intension
Benignior Sententia In Verbis Generalibus Seu Dubiis Est Praeferenda
othe most favourable construction is to be placed on general or doubtful expressions
Bona Fide
In good faith
Bonae Fidei Possessor In Id Tantom Quod Ad Se Pervenerit, Tenetur
a possessor in good faith is only liable for that which he himself has obtained
Boni Judicis Est Judicium Sine Dilatione Mandare Executioni
it is the duty of a good judge to order judgment to be executed without delay
Bonijudicis Est Lites Dirimere Ne Lis Ex Lite Oritur
it is the duty of a good judge to prevent litigation lest suit arises from suit
Breve Judiciale Non Cadit Pro Defectu Formae
a judicial writ fails not through defect of form
C
Cause Causans
the immediate cause; the proximate or efficient cause, opposed to some remote cause
Causa Proxima Non Remota Spectator
the immediate, not the remote cause, is to be considered
Causa Sine Qua Non
a cause without which the effect would not have been caused
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
Caveat Emptor Oui Ianorare Non Debuit Quod Jus Alienum Emit
ono one ought in ignorance to buy that which is the right of another. The buyer according to the maxim has to be cautious, as the risk is his and not that of the seller
Cepi Corpus
I have taken the body and have it ready
Cessante Ratione Legis, Cessat Ipsa Lex
the reason of the law ceasing, the law itself ceases
Cestui Que Trust
a beneficiary under a trust, the person for whose benefit a trust is created
Chirographum Apud Debitorem Repertum Praesumitur Solutum
a deed or bond found with the debtor is presumed to be paid
Civilis Possessis
Civil physical possession
Commodum Ex Injuria Sua Memo Habere Debet
a person cannot be allowed to take advantage of his own wrongs. Convenience cannot accrue to a party from his own wrongs, in other words no one can be allowed to benefit from his own wrongful act
Communis Error Facit Jus
common or universal error makes law
Conditio Praecedens Adimpleri Debet Priusquam Sequatur Effectus
a condition precedent must be fulfilled before the effect can follow
Consensus Ad Idem
agreement by two or more persons upon the same thing in the same sense; the common consent necessary for a binding contract
Consentientes Et Agentes Pari Poena Plectentur
those consenting and those perpetrating are embraced in the same punishment
Constitutiones Tempore Posteri Ores Potiores Sunt His Quae Ipsas Praecesserunt
later laws prevail over those which preceded them
Coasuetudo Debet Esse Certa; Nam Incerta Pro Nullis Habentur
a custom should be certain, for uncertain things are held as nothing
Contemporanu Exposito Est Optima Et Fortissima In Lege
a contemporaneous interpretation is the best and strongest in law
Contra
Against; on the other hand
Contractile Uberrima Fides
contract requiring of utmost goodwill
Coram Non Judice
before one who is not the judge. Before a court which. has no jurisdiction of the matter
Corpus Delicti
the body of facts which constitute an offence; gist or substance of the offence
Corpus Possessionis
the thing possessed
Cuiques In Sua Arte Perito Credendum Est
to each one skilled in his own art credence should be given
Cullibet In Sua Arte Perito Est Credendum
whosoever is skilled in his profession is to be believed
Cullibet Licetjuri Pro Se Introduce To Renuntiare:
one may waive a legal right existing in his favour
Cum Duo Inter Se Pugnantia Reperiuntur In Testamento Ultimum Ratum Est
Where two clauses in a will are repugnant one to the other, the last in order shall prevail
Custodia Legis
Custody of the law
D
Damnum Sine (Absque) Injuria
damage without injury, that is damage caused without legal wrong
Data
what is given; the promises upon which an argument is based; certain given facts front which others may be inferred
De Facto
in fact; an expression indicating the actual state of circumstances independently of any remote question of right or title
De Hors
outside of; Unconnected with; unrelated to
De Jure
in law, independent of what obtains in fact
De Minimis Non Curat Lex
the law takes no account of very trifling matters
De Novo
new
Debita Sequuntur Personam Debitoris
debts follow the person of the debtor
Debitorum Pactionibus Creditorum Petitio Nee Tolli Nee Minui Potest
the rights of creditors can neither be taken away nor diminished by agreements among the debtors
Decree Nisi
decree is said to be made nisi when it is to take effect after a specified period or after the person affected by it fails to show cause against it within a certain time
Delegatus Non Potest Delegare
a delegated power cannot be further delegated
Divorce A Mensa Et Thoro
An obsolete form of divorce order which did not end the marriage but allowed the parties to reside separate; in effect, a legal or judicially-sanctioned separation of two married persons.
Doli In Capax
Incapable of malice. In Indian Law, this conclusive presumption has been adopted for children under seven years of age
Dolo Malo Pactum Se Non Servabit
a pact made with malicious intent will not be upheld
Dolo Malo Pactum Se Non Servabit
a pact made with malicious intent will not be upheld
Donator Nunquam Desinit Possidere Antequam Donatorius Incipiat Possidere
donor never ceases to possess before the donee begins to possess
Donation Mortis Causa
oA gift of personal property by a person on the point of death
Duo Non Posseunt In Solido Unam Rem Possidere
two persons cannot possess one thing in entirety
E
Ei Incumbit Probatio Qui Dicit, Non Qui Negat
the proof lies upon him who affirms, .not upon him who denies
Ejus Nulla Culpa Est Cui Parere Necesse Sit
he who is bound to obey is in no fault
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
Eminent Domain
the right of power of the government to take private property for public use on making just compensation therefor. The power of a Sovereign State to take or to authorise the taking of any property within its jurisdiction for public use without the owner’s consent
En Ventre Sa Mere
child in womb
Ex Abundanti Cautela
from or out of abundance of caution
Ex-Debito Justiciae
from a debt of justice: from that which is owing; from one’s right; as of tight
Ex-Delicto
from a delict, tort, fault, crime or malfeasance
Ex Dolo Malo Non Oritur Actio
ono right of action arises out of a fraud
Ex-Gratia
As a matter of grace or favour
Ex-Maleficio Non Oritur Contractus
a contract cannot arise out of an illegal act
Ex-Nudo Pacto On Oritur Actio
no action arises from a contract without consideration
Ex-Officio
by virtue of an office
Ex-Pacto Illicito Non Oritur Actio
no action arises on an illegal agreement
Ex Parte
oexpression used to signify something done or said by one person not in the presence of his opponent
Ex Post Facto
by subsequent act; by virtue of a thing done after some particular event; done after another thing and operating retrospectively
Ex Turpi Causa
from a base cause
Executio Est Finis Et Fructus Legis
execution is the end and fruit of the law
Executio Juris Non Habet Injuriam
the execution of the process of law does no injury
Executor De Son Tort
one who takes upon himself the office of an executor by intrusion, not being so constituted by the testator
Expedit Reipublicae Ne Sua Re Quis Male Utatur
it is for the public good that no one should use his property badly
F
Factum Valet
the “fact which cannot be altered” though it should not have been done
Fait Accompli
oan accomplished act
Falsus In Uno, Falsus In Omnibus
ofalse in one, false in all i.e. false in one particular, false in all
Felo De Se
one who feloniously commits suicide
Fiat Justitia
let justice be done
Fiat Justitia, Ruat Caelum
let justice be done, though heavens falls
Forma Legalis Forms Essentialis
legal form is an essential form
Functus Officio
one who has fulfilled his office or is out of office; an authority who has performed the act authorised so that the authority is exhausted
G
Generalia Specialibus Non Derogant
general things do not derogate from special
Generalis Verba Sunt Generaliter Intelligenda
general words are to be understood in a general sense
H
Habemus Optimum Testem Confitentem Reum
We have the best witness in an accused who confesses the charge
Hors De Combat
Unfit to fight, disabled
I
Ignorantia Eorum Quae Quis Scire Tenetur Non Excusat
ignorance of those things which everyone is bound to know, excuses not
Ignorantia Facti Excusat; Ignorantia Juris Non Excusat
ignorance of fact excuses; ignorance of law does not excuse
Ignorantia Legis Neminem Excusat (Ignorantia Legis Haud Excusat; Ignorantia Legis Non Excusat)
ignorance of law is no excuse
Impossibilium Nulla Obligatio Est
there is no obligation to do impossible things
In Aequali Jure Melior Est Conditio Possidentis
oin equal rights the condition of the possessor is the better; or, where the rights of the parties arc equal, the claim of the actual possessor shall prevail
In Esse
in existence
In Forma Pauperis
in the character of a pauper
In Limine
at the outset
In Loco Parentis
in the place of a parent
In Pari Delicto
Where both parties are equally in fault; in equal fault
In Pari Materia (In Pari Causa):
In an analogous cause, case or position
In Personam
an act or proceeding done or directed against or with reference to a specific person
In Posse
Possibility of being
In Presenti
at the present time; at once; immediately effective
In Rem
an act or proceeding done or directed with reference to no specific person or with reference to all whom it might concern
Injuria Sine Damno
injury without damage; an infringement of a right without causing damage
Intelligible Differentia
difference capable of being understood. A factor that distinguishes one in different state or class from another which is capable of being understood
Inter Alia
Amongst other things
Interest Reipublicae Ut Quilibet Re Sua Bene Utatur
it is to the advantage of the State that everyone uses his property properly
Interest Reipublicae Ut Sit Fmis Litiuum
It is in the interest of the State that there should be an end of law-suit
Intra Vires
within the powers; within the authority given by law
Ipso Jure:
by the law, itself
J
Jura Non-Remota Causa Sed Proxima Spectatur
In law the immediate or proximate not the remote cause of any event is regarded
Jus Ad Rem
a right without possession; an inchoate or incomplete right to a thing
Jus Commune
the common and natural rule of right
Jus Dicere Et Non Jus Dare
to declare the law, not to make it
Jus Non Scriptum
the unwritten law
Jus Tertii
the right of a third party
L
Lex Non Cogit Ad Impassibilia
the law does not compel the impossible
Lex Tallienis
law of retaliation
Lis Pendens
a pending suit
Litera Legis
letter of legislation
Locus Penitentiae
an opportunity to withdraw from the commission of a crime
Locus Standi
signifies a right to be heard
M
Mala In Se
acts which are wrong in themselves as being opposed to morality and ethics, contrasted with the acts which are only wrong because they are prohibited by law
Mala Prohibita
acts which are wrong because they are prohibited by law
Malus Usuo
a bad custom
Mens Rea
guilty mind
Mesne 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
Modus Operandi
mode of operating; the way in which a thing, cause etc. operates; the way in which a person goes to work
Modus Vivendi
the manner of living; a way of life
Mora Debit Oris Non Debet Esse Creditori Damnosa
delay on the part of a debtor ought not be injurious to a creditor
Mutatis Mutandis
with the necessary changes in points of detail
N
Nemo
no one, nobody
Nemo Dat Quod Non Habet
no man can transfer better title than he himself has
Nemo Debet Bis Puniri Pro Uno Delicto
no one should be punished twice for one fault
Nemo Debet Bis Vexari, Si Constet Curiae Quod Sit Pro Una Et Eadem Causa
no one ought to be vexed twice if it’ appears to the court that it is for one and the same
Nemo In Propria Causa Judex, Esse Debet:
no one ought to be a judge in his own cause
Nemo Plus Juris Ad Allum Tranaferre Potest Quam Ipse Habet
no one can transfer to another a greater right than he has himself
Nexus
bond, link or connection
Nihil Dat Qui Non Habet
he gives nothing who has nothing
Nihil Quod Est In Conveniens Est Bicitum
nothing which is inconvenient is lawful
Nolle Prosequi
to be unwilling to prosecute. Withdrawal by the Public Prosecutor of a criminal proceeding against an accused
Nomen Generalissium
Extremely common name
Non Bis In Idem
not twice for the same
Non Obstante Clause
“notwithstanding clause”
Non Est Factum
It is a defence in an action founded on a document when there has been a mistake as to the very nature of the transaction
Noscitur A Sociis
one is known by his companions; the meaning of a word or expression is to be gathered from the surrounding words, that is, from the context
Nova Constitutio Futuris Formam Imponere Debet, Non Praeteritis
a new law ought to be prospective, not retrospective in its operation
Novos Actus Interveniens
a new act intervening
Nudum Pactum
without consideration
O
Obiter Dicta
an opinion of law not necessary to the decision
Obligations Ex Contractu
Obligations arising from legal actions
Obligations Ex Delicto
Obligations arising from illegal, unlawful actions
Omne Quod Solo Inaedificatur Solo Cedit
Everything which is built upon the soil passes with the soil
Ominia Praesumuntur Legitime Facta Donecprobetur M Contrarium
All things are presumed legitimately done, until the contrary be proved
Ominia Praesumuntur Rite Legitime Solemniter Esse Acta, Donee Probetur In Contrarium
All things are presumed to have been done correctly, lawfully and with due formality until the contrary is proved
Ominis Nova Constitutio Futuris Temporibus Formam Imponere Debet, Non Praeteritis
every new law should give a form to future times, not to past
Onus Probandi
the burden of proving; the burden of proof
P
Pacta Quae Turpem Causam Continent Non Sunt Observanda
Agreements founded upon a base consideration are not to be observed
Pacta Sunt Servanda
Contracts are to be kept
Pari Passu
at an equal rate or pace
Participient Criminis
sharer of crime
Pendente Lite
During litigation
Per Annum
by the year
Per Capita
(counting) by Heads
Per Diem
by the day
Per Incuriam
through carelessness, through inadvertence
Per Mensem
by the month
Per Stirpes
by stocks in inheritance the children of each descendant dividing only the share that would have been their parents
Per Centum Ad Valorem
percentage according to the value
Persona Designata
a person pointed out or described as an individual, as opposed to a person ascertained as a member of a class, or as filling a particular character
Persona Grata
an acceptable person (in diplomatic parlance)
Persona Non Grata
an unacceptable person (in diplomatic parlance)
Plenum Dominium
full ownership, the right of property in a thing coupled with the right to its use and enjoyment
Postmortem
An examination of a corpse made under the direction of the constituted authorities. An autopsy
Prima Facie
on the face of it; at first sight; arising at first sight; based on the first impression
Pro Bono Publico
for the public good
Pro Rata
in proportion
Pro Tempore
to that extent
Pro Tanto
for the time being, temporarily, provisionally
Proprio Vigore
by its own force
Q
Quantum Merit
as much as merited the reasonable amount to be paid for services rendered or work done
Quia Timet Injunction
where an injunction is granted to prevent a threatened as distinguished from an existing wrongful act it is called quia timet injunction
Quid Pro Quo
what for what; the person owing the duty had received from the person to whom duty was due something which he Whom bound to return and pay for
R
Raison D’etre (French not Latin)
Reason or justification for existence
Ratio Decidendi
reasons for deciding; grounds of decision
Ratio Legis
the reasons for occasion of the law
Reductio Ad Absurdum
the method of disproving an argument by showing that it leads to an absurd consequence
Res Communes
things common to all
Res Gestae
acts; declarations and incidents accompanying or explaining the fact in issue or which are deemed to constitute the fact in issue; facts so connected with a fact in issue as to form part of the same transaction
Res Integra
an untouched matter; a point without a precedent; a case of novel impression
Res Ipsa Loquitur
the thing speaks for itself; this maxim means that in certain cases one fact raises prima facie presumption of another fact unless and until the contrary is proved. This phrase is used in actions for injury occasioned by negligence where no proof is required of negligence beyond the accident itself
Res Judicata
a case or suit already decided
Res Judicata Pro Verltate Accipitur
a matter which has been adjudicated is accepted or received as true
Res Judicata Pro Veritate Habetur
an adjudicated matter shall be deemed correct
Res Nullius
a thing which has no owner
Res Publique
things of the state dedicated to the use of citizens
Rule Nisi
a rule or order upon condition that is to becomes absolute when cause is shown to the contrar
S
Sans Recourse
without recourse
Secundum Allegataet Probata
according to the pleadings and the proofs
Sine Qua Non
an indispensable requisite
Solatium
a sum paid to an injured party over and above actual damages by way of solace to his wounded feelings
Spes Successionis
the chance of an heir apparent succeeding to an estate
Stare Decisis
to stand by things decided : to abide by precedents where the same points come again in litigation
Status Quo
existing condition
Sub Judice
in course of trial
Sub Silentio
silently
Sui Juris (Of His Own Right):
a phrase used to denote a person who is under no disability affecting his legal power to make conveyances of his property, to bind himself by contracts and to sue and be sued as opposed to persons wholly or partially under disability, as minors, mentally disordered persons, etc.
Suo Motu
relating to an action taken by a court of its own accord, without any request by the parties involved.
Suppressio Veri; Suggestio Falsi:
suppressing the truth ; suggesting the false
T
Transfer Inter Vivos
transfer between living persons
Terminus A Quo
place of beginning; point of beginning
Trustee Do Son Tort
one who, of his own authority, enters into the possession or attends to the management of the property which belongs beneficially to another
U
Uberrimae Fide (Uberrima Fides)
of the fullest confidence; of the utmost good faith. A contract is said to be uberrima fide when the promise is bound to communicate to the promisor every fact and circumstance which may influence him in deciding whether to enter into contract or not. Contracts which require uberrima fide; are those entered into between persons in a particular relationship
Ubi Jus Ibi Remedium
where there is a right, there is a remedy
Ultra Vires
beyond one’s powers
Ut Res Magis Valeat Quam Pereat
that it may rather become operative than null. To unhold the constitutionality of statues whenever it can rationally be done
V
Vigilantibus, Et Non Dormientibus, Jura Sub Veniunt
the laws give help to those who are watchful and not to those who go to sleep
Vires
authority; power
Viva Voce
expressed on conducted by word of month; •oral