- Ab Initio: From the beginning
- Absoluta sententia expositore non indiget– An absolute judgment needs no expositor. In simple words, plain language does not need an interpreter
- Abundans cautela non nocet– – Abundant caution does no harm.Actiones legis: Legal or Lawful Action.
- Assentio mentium: Mutual understanding between parties involved in a contract
- Actus non facit reum nisi mens sit rea: The act itself does not make one guilty unless done with a criminal intent.
- Actori incumbit onus probandi– The burden of proof lies on the plaintiff.
- Ad hoc: For the sole purpose of
- Actio personalis moritur cum persona: The personal right of action dies with the person.
- Actionable per se – The very act is punishable and no proof of damage is required.
- Amicus Curiae – A friend of court or member of the Bar who is appointed to assist the Court.
- Audi alteram partem – Means no man shall be condemned unheard. Each party should be given equal opportunity to respond to the evidence against him.
- Assignatus utitur jure auctoris – An assignee is invested with the rights of his assignor.
- Argumentum ab impossibilii plurimum valet in lege – An argument from inconvenience avails much in law.
- Bona fide – In good faith.
- Boni judicis est judicium sine dilation mandare excutioni: A good judge does not delay justice and implements justice with zeal and alacrity.
- Bona Vacantia – Ownerless Goods or Goods without an owner or goods on which there’s no claim of ownership.
- Boni judicis lites dirimere est: It is the duty of a good judge to prevent litigations, that suit may not grow out of suit.
- Caveat actor – Let the doer beware or on his guard.
- Caveat emptor – Let the buyer beware.
- Caveat venditor - Let the seller beware.
- Certiorari – A writ by which a higher court calls up the records of an inferior court or a body acting in a quasi-judicial capacity.
- Ceteris paribus - Other things being equal.
- Corpus – Body.
- Corpus delicti – The facts and circumstances constituting a crime and Concrete evidence of a crime, such as a corpse (dead body).
- Cujus est dare ejus est disponere: He who has a right to give has a right to dispose of the gift.
- Damnum sine injuria – Damage without injury.
- De facto – In fact or in reality.
- De jure – By law or by right.
- De Minimis Non Curat Lex – The principle that the law is not concerned with insignificant or minor matters.
- Doti lex favet; praemium pudoris est ideo parcatur: The law favours dower; it is the reward of chastity, therefore let it be preserved.
- Doli incapax – Incapable of crime.
- De bonis non administratis – Of goods not administered.
- De die in diem – From the beginningFrom day to day/ continuously.
- De novo – Starting afresh.
- Dominium - Ownership.
- Dubitante - Doubting the correctness of the decision.
- Duo non possunt in solido unam rem possidere - Two cannot possess one thing each in entirety.
- Estoppel – Prevented from denying.
- Ex gratia – As favour.
- Ex parte – Proceedings in the absence of the other party.
- Ex post facto – From a thing done aftermath.
- Ex turpi causa non oritur actio– From the beginningNo action arises from an illegal act.
- Ex cathedra - With official authority.
- Ex concessis – From what has been conceded.
- Ex dolo malo non actio oritur :An action does not arise out of fraud.
- Ex facie - On the fact of it.
- Ex gratia – By virtue of Grace or by Favor..
- Ex nihilo nil fit – From nothing, nothing comes out
- Firmior et potentior est operatio legis quam dispositio hominis: The operation of law is firmer and more powerful than the will of a man.
- Functus officio – No longer having power or jurisdiction. It also refers to an officer or agency whose mandate has expired, due to either the arrival of an expiry date or an agency having accomplished the purpose for which it was created.
- Fraus est celare fraudem: It is a fraud to conceal a fraud.
- Fraus est odiosa et non praesumenda: Fraud is odious and is not to be presumed.
- Falsa demonstratio non nocet - A false description does not vitiate.
- Generale nihil certum implicat: A general expression implies nothing certain.
- Generalis regula generaliter est intelligenda: a general rule is to be generally understood.
- Generalia praecedunt, specialia sequuntur - Things general precede, things special follow.
- Generalia specialibus non derogant - erstwhile special law is given superiority over later general law.
- Habeas corpus – That you have a body.
- Haeres est nomen collectum: Heir is a collective name.
- Ignorantia juris non excusat – Ignorance of the law is a not an excuse or Ignorance of law excuses no one.
- Id quod commune est, nostrum esse dicitur - That which is common is said to be ours.
- Idem - The same person or thing.
- Imperium in imperio - A sovereignty within a sovereignty.
- Impotentia excusat legem - Impossibility is an excuse in the law.
- Impunitas semper ad deteriora invitat - Impunity always leads to greater crimes.
- In aequali jure melior est conditio possidentis - When the parties have equal rights, the condition of the possessor is better.
- In camera - In private.
- In criminalibus probationes debent esse luce clariores - In criminal cases the proofs ought to be cleared than the light.
- In curia domini regis, ipse in propria persona jura discernit - In the King s Court, the King himself in his own person dispenses justice.
- Inter alia: Amongst other things.
- Jus in rem – Right against a thing.
- Jus naturale – Natural law.
- Justitia nemini neganda est – Justice is to be denied to nobody.
- Judex non petest esse testis in propira cause: No one can be a judge in his own case.
- Judicium non debet esse illusorium, suum effectum habere debet: A judgement ought not to be illusory; it ought to have its proper effect.
- Jura na turae sunt immutabilia: The laws of natural justice is unchangeable.
- Locus standi – Right of a party to appear and be heard by the court.
- Lex semper dabit remedium: The law will always give a remedy.
- Law est judicum tutissimus ductor: The law is the safest guide for judges.
- Mala fide – In bad faith.
- Mandamus – ‘We command’. A writ of command issued by a Higher Court to an inferior court or to Government/Public Authority, to compel the performance of a public duty.
- Mens rea – Guilty mind.
- Maximus magister erroris populus est - The people are the greatest master of error.
- Mentiri est contra mentem ire - To lie is to act against the mind.
- Mutatis Mutandis – All necessary changes having been made.
- Mala grammatica non vitiat chartam: Bad grammar does not vitiate or spoils or destroys or impairs the legal validity of a deed.
- Nemo bis punitur pro eodem delicto – Nobody can be twice punished for the same offence.
- Nemo plus juris transferre ad alium potest quam ipse habet: No one can transfer to another a larger right than he himself has.
- Nemo poest facere per alium, quod per se non potest: No one can do through another what he cannot do himself.
- Nemo prohibetur pluribus defensionibus uti: No one is forbidden to make use of several defenses.
- Nemo punitur pro alieno delicto: No one is punished for the crime of another.
- Novation – Transaction in which a new contact is agreed by all parties to replace an existing contract.
- Obiter dictum – Things said by the way. It is generally used in law to refer to an opinion or non-necessary remark made by a judge. It does not act as a precedent.
- Optima est legis interpres consuetudo: Custom is the best interpreter of law.
- Optimus interpres rerum usus: The best interpreter of thing is usage.
- Onus probandi – Burden of proof.
- Pari passu – With an equal step; side by side; at the same rate or on an equal footing.
- Per curiam: Decision by an appellate court in unanimous agreement.
- Prima facie – On the face of it or at first sight.
- Pro rata: In proportion.
- Post mortem: An examination of a dead body to determine the cause of death or autopsy.
- Quantum meruit – The right amount one deserves.
- Qui facit per alium facit per se – He who acts through another does the act himself.
- Quid pro quo – Something for something or something in return.
- Quo warranto – By what authority. A writ calling upon one to show under what authority he holds or claims a public office.
- Qui non habet potestatem alie nandi habet necessitatem retinendi: He who has not the power of alienating is under the necessity of retaining.
- Qui non improbat, approbat: He who does not disapprove, approves.
- Quia malitia supplet actatem: malice makes up for age.
- Quod per ma non possum nec per alium: What I cannot do through myself, I cannot do through another.
- Quod vanum et inutile est, lex non requirit: The law does not look after what is in vain and useless.
- Res: Matter, affair, thing, circumstance.
- Res Judicata – A matter finally juridically decided on its merits and cannot be litigated again between the parties.
- Ratio decidendi – Principle or reason beneath a court’s judgement or a rule on which a judicial decision is based.
- Respondeat superior – The principal/ master is legally responsible for the wrongful acts of an employee or agent.
- Rex quod injustum est facere non potest: The king cannot do what is unjust.
- Rex non potest peccare - The King can do no wrong.
- Rex nunquma moritur - The King never dies.
- Status quo – Current state of things.
- Sine qua non – Without which not or a necessary or indispensable requirement.
- Suo Motu – On its own motion.
- Suggestio falsi - The suggestion of something which is untrue or false statement.
- Sui generis - Unique.
- Sublato fundamento cadit opus: The foundation being removed, the structure falls.
- Terra firma: Solid grounds.
- Uberrima fides: Utmost good faith,
- Ubi jus ibi remedium – Where there is a right, there is a remedy.
- Ubi eadem ratio ibi idem jus et de similibus ideam est judicium: When there is the same reason, then the law is the same, and the same judgement should be rendered as to similar things.
- Utile per inutile non vitiatur - What is useful is not vitiated by the useless.
- Verba debent intelligi cum effectu: Words should be understood with effect.
- Vigilant non dormientibus jura subveniunt: The law serve the vigilant and not the one who sleeps.
- Vice versa – In reverse.
- Volenti non fit injuria – Voluntarily consenting to injury upon oneself negates the claim regarding the same.
- Vox populi – Voice of the people. or the opinion of the majority of the people.
- Vide - See.
- Volens – State of mind, referring to voluntary acceptance of a specific risk.
- Voluntas in delictis non exitus spectatur - In offences it is the intent and not the result that is looked at.
- Voluntas reputatur pro facto - The desire or intention is considered to be same as act
- Vox populi – Voice of the people.
- Waiver – Voluntarily giving up a right or a condition.
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