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Lawyers and Latin: break the code

May 26, 2012

Lawyers sure do like to use Latin, even though we are 12 years into the new millenium.  One reason for this is that ancient Rome’s legal system had a strong influence on the English  legal system and that of most other western countries.  As the Roman Empire slowly crumbled, the new order in all these places gradually adapted the existing legal system.  As a result England uses a variation of the old Roman law called “Common Law.” This is why lawyers today love those Latin phrases! (Well, that and the fact that you can’t pass legal exams without them.)

That is all well and good but it doesn’t help you if you are trying to decipher the meaning of a Latin legal phrase.

Here is a list of some of the most commonly used legal Latin phrases to help you break the code!

A to Z of Latin Phrases:

Ab initio: from the beginning.

Actus reus: guilty act.

Bona fide: in good faith.

Caveat emptor: let the buyer beware.

Contra preferentem: against the one bringing forth.

De mimimis: about minimal things.

Ejusdem generis: of the same class.

Ex parte: from one party.

Ex turpi causa non oritur actio: from an illegal cause an action does not arise.

Inter alia: among others.

Locus in quo: the place in which.

Mens rea: guilty mind.

Nemo dat quod non habet: no one gives what he doesn’t have.

Novus actus interveniens: a new action coming between.

Per incuriam: by their neglect.

Prima facie: on the face of it.

Pro bono publico: for the public good.

Quantum: how much/an amount.

Ratio decidendi: the reason for the decision.

Res ipsa loquitur: the thing speaks for itself.

Res judicita: a matter already judged.

Sine die: without day.

Sine qua non: a condition but for which there is nothing.

Sub judice: under judgment.

Ultra vires: beyond the powers.

Volenti non fit injuria: to a willing person injury is not done.

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