Flashcards: Latin legal terminology

Non bis in idem, which translates literally from Latin as "not twice in the same [thing]", is a legal doctrine to the effect that no legal action can be instituted twice for the same cause of action.

Ius in re, or jus in re, under civil law, more commonly referred to as a real right or right in rem, is a right in property, known as an interest under common law.

Casus foederis (or casus fœderis) is derived from the Latin for "case for the alliance".

An alibi is a form of defense used in criminal procedure wherein the accused attempts to prove that he or she was in some other place at the time the alleged offense was committed.

de jure (adjective, adverb) (/dᵻ ˈdʒʊəriː/, /deɪ-/; Classical Latin: de iure [deː ˈjuːrɛ]; lit. 'from law') means 'a state of affairs that is in accordance with law', i.

Casus belli is a Latin expression meaning "an act or event that provokes or is used to justify war" (literally, "a case of war").

Res judicata or res iudicata, also known as claim preclusion, is the Latin term for "a matter [already] judged", and refers to either of two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) continued litigation of a case on same issues between the same parties.

In situ (/ɪn ˈsɪtjuː/ or /ɪn ˈsaɪtʃuː/; often not italicized in English) is a Latin phrase that translates literally to "on site" or "in position".

Mandamus ("We command") is a judicial remedy in the form of an order from a superior court, to any government subordinate court, corporation, or public authority—to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing)—and which is in the nature of public duty, and in certain cases one of a statutory duty.

Erga omnes is a Latin phrase which means "towards all" or "towards everyone".

Trial in absentia is a criminal proceeding in a court of law in which the person who is subject to it is not physically present at those proceedings.

In common law legal systems, a precedent, or authority, is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.

The term ratum sed non consummatum (Latin: ratified but not consummated) refers to a specific type of marriage in Catholic matrimonial canon law.

Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for "ignorance of the law excuses not" and "ignorance of law excuses no one" respectively) is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content.

Sine qua non (/ˌsaɪni kweɪ ˈnɒn/; Latin: [ˈsine kwaː ˈnoːn]) or condicio sine qua non (plural: condiciones sine quibus non) is an indispensable and essential action, condition, or ingredient.

An amicus curiae (literally, friend of the court; plural, amici curiae) is someone who is not a party to a case and is not solicited by a party, but who assists a court by offering information that bears on the case.

Ex turpi causa non oritur actio (Latin "from a dishonorable cause an action does not arise") is a legal doctrine which states that a plaintiff will be unable to pursue legal remedy if it arises in connection with his own illegal act.

A fieri facias, usually abbreviated fi.

Restitutio ad integrum is a Latin term which means restoration to original condition.

Ultra vires is a Latin phrase meaning "beyond the powers".

Res extra commercium (lat. "a thing outside commerce") is a doctrine originating in Roman law, holding that certain things may not be the object of private rights, and are therefore insusceptible to being traded.

Ex nihilo is a Latin phrase meaning "out of nothing".

Jus legationis is a Legal Latin term meaning the capacity to send and receive consuls and diplomats.

Qui facit per alium facit per se is a Latin legal term that means, "He who acts through another does the act himself.

Quicquid plantatur solo, solo cedit (Latin, "whatever is affixed to the soil belongs to the soil") is a legal Latin principle related to fixtures which means that something that is or becomes affixed to the land becomes part of the land; therefore, title to the fixture is a part of the land and passes with title to the land.

Prima facie (/ˈpraɪmə ˈfeɪʃᵻ.iː/, /ˈfeɪʃə/, or /ˈfeɪʃiː/; from Latin: prīmā faciē) is a Latin expression meaning on its first encounter or at first sight.

Deodand is a thing forfeited or given to God, specifically, in law, an object or instrument which becomes forfeit because it has caused a person's death.

In a specific sense, however, regulæ juris are certain fundamental laws in the form of axioms found in the Corpus Juris Canonici, eleven inserted by Pope Gregory IX at the end of the fifth Book of Decretals, eighty-eight by Pope Boniface VIII in the last title of Liber Sextus Decretalium.

In English law, a writ of scire facias (Latin, meaning literally "make known") was a writ founded upon some judicial record directing the sheriff to make the record known to a specified party, and requiring the defendant to show cause why the party bringing the writ should not be able to cite that record in his own interest, or why, in the case of letters patent and grants, the patent or grant should not be annulled and vacated.