Legal Latin

Flotsam (Jetsam?) from a Latin Legal Dictionary.Lawyers are notorious for using turgid bits of Latin. This is puzzling because Latin is usually the best way of expressing an idea clearly and in fewer words. Still, here are a few of these strange bits of language. New rules suggest that old bits of Latin can and should be dispensed with. In the case of Fryer v Pearson and Another Times 4 April 2000 CA, the court, in the personage of Lord Justice May, specifically disapproved of the use of maxims which would not normally be understood. The ‘bete noire‘ (is French ok?) in this case was the phrase ‘res ipsa loquitur‘.
I have seen no significant decrease in the use of latin maxims, save only perhaps in the names of some court procedures, which were to be changed anyway. As a matter of interest, the European Court seems to use Latin rather more freely than do we. The trouble is thast they seem to use different ones.
I am not scholarly. I studied Latin to ‘O‘ level more than thirty five years ago. More shamefacedly, my knowledge of law is again, not particularly academic. I welcome any corrections. The translations are light-hearted; do not take them as an attempt to create dictionary definitions.LinksWantedContributors
Latin/French Phrase Translation (dog English?) Meaning/Explanation
ab initio from the beginning As it says - as if it had never started.
actus reus the physical act that part of the definition of a criminal offence which is over and beyond any mental element. For interesting cases see R v Antoine (Times 10-May-99), and also Director of Public Prosecutions for Northern Ireland -v- Lynch [1975] AC 653. See also mens rea
ad litem for the litigation Usually a guardian ad litem, someone who is appointed by the court to act as guardian of a person under a disability for the purposes of the court proceedings to represent that person‘s interests to the court.
aliquis non debet esse judex in propria causa Nobody should be a judge in his own cause Littleton: "It is against reason, that if wrong be done any man, that he thereof should be his own judge."
alveus An established watercourse (even if dry for part of the year or from time to time) as opposed to a flood plain.
amicus curiae friend to the court A legal representative acting independently of any of the parties to a case, and usually at the request of the court.
animus possidendi the mind of a possessor This is the intention central to a claim for adverse possession of land on the part of the person claiming the land to take the ownership of the land. It denotes a mind which is excluding the real owner.
audi alterem partem hear the other side An injunction to the court to achieve fairness by listening to both sides of a case.
autrefois convict otherwise convicted More legal French than Latin, but never mind. This is the core of the theory that a man cannot be tried for the same crime twice. ‘The buggers did me for this, once already‘ is the local equivalent. Still being used by the Court of Appeal in May 2001 (R v G)
bona vacantia goods vacant of title Where nobody is found to own goods, their title comes to be vested in the Crown.
caveat emptor let the buyer take care The rule, now forgotten in a consumer society, that a buyer must make his own judgement before buying anything, and bear the risk if he gets it wrong. Still applies generally in the purchase of land.
certiorari ‘let it be certified‘ ‘A writ issued from a superior court directed to one of inferior jurisdiction, commanding the latter to certify and return to the former, the record in the particular case.‘
contra bonos mores against good morals Descriptive of an act which is seen to be against the general good standards of the population at large.
contra mundum against the world Where an injunction is made by the courts which is intended to affect all those who might come to know of it, it is issued ‘contra mundum‘.
contra preferentem against the offeror A rule of contract law which suggests that a party who proposes a term of a contract can expect that, if there is any ambiguity in it, it will be construed against him. This is used particularly where it is felt that the term proposed is unfair, or imposed by a dominant party. See Pera Shipping Corporation v Petroship SA [1985] 2 Lloyd‘s Law Rep 103
corpus delicti The body of the crime That part of the evidence of a crime which is the victim. In murder it‘s the body. Beloved of fanciful policemen.
cui bono for what benefit A bit of healthy scepticism. Similar to ‘Follow the money‘
cuius est solum eius est usque ad coelum et ad inferos whomsoever owns the soil, it is theirs up to the sky and down to the depths The doctrine that if you own land you own it from the centre of the earth to the stars. Apparently it was coined by Accursius of Bologna in the 13th Century. (Also: Cuius est solum, eius est usque ad coelum et ad inferos.)
curia ad vult (Curia advisari vault) the court considered The judge took a long lunch, and then allowed it to settle before giving his judgement. In effect, the court ruminated, took its time before pronouncing. More properly: the arguments are taken under advisement; the Court reserves judgment, to be given later, after consideration.
Damnum damage ‘Damnum‘ in the context of our law of reparation means a loss in the sense of a material prejudice to an interest that the law recognises as a legal interest. When there is a concurrence of injuria and damnum the person whose legal right has been invited with a resultant loss to him has a right to recover money reparation for that loss for the wrongdoer. Lord McLuskey
de bene esse ‘of formal sufficiency for the time‘ lit. ‘of well being‘ Conditionally; Provisionally. Not to be confused with pro bono. Where a court assumes something to be true for the moment. In practice it may be used for example where a court accepts a document or hears a plea without first deciding whether it should strictly do so. (John Spencer) Also "a jury note or letter will, save in exceptional circumstances, always be looked at by the trial judge and, if there is an appeal, by the Court of Appeal (the legal expression is de bene esse - ie for what it is worth); its existence and character will normally be disclosed to the parties‘ counsel and submissions as to its significance, and/or responded to, be invited." Regina -v- Connor and another; Regina -v- Mirza (Conjoined Appeals) [2004] UKHL 2
de bonis non administratis for unadministered goods A chap (Chap 1) dies. His executor (Chap 2) struggles with the burden, but himself dies before completing his task. The executor of Chap 2, has to sort out the unadministered part of the estate of Chap 1. The authority for this is gained by applying for a grant ‘de bonis non administratis‘ in Chap 1‘s estate as well as an ordinary grant for the estate of Chap 2. Such grants are simple to obtain, but can be a source of considerable additional upset for all involved, since the administration of the estate is universally rather complicated.
de facto from the facts It‘s just a fact - live with it.
de jure from the law It‘s the law. It must be right.
de minimis non curat lex No trifles in the law Sometimes read, amusingly no doubt, as ‘de Minnie Mouse non curat Rex‘ (Rex (a dog) doesn‘t chase Minnie Mouse) Otherwise, it is a rather optimistic suggestion that the law will not waste its time with tiny unimportant points. I thought that‘s what lawyers were here for. The alternative suggestion is ‘The law does not concern itself with trifles‘ - again a rather weak suggestion from what I have seen of Law Society dinners.
de novo from the new Starting again. See also ab initio.
doli incapax incapacity for guilt This is the rule that a child of a certain age is presumed not to be able to gather together sufficient awareness of right and wrong to be guilty of a criminal offence. Doli incapax applied for children from ten to 14 until the Crime and Disorder Act 1998, when it was effectively abolished.
The opposite is doli capax.
Dominus membrorum suorum nemo videtur "no-one is to be regarded as the owner of his own limbs" Ulpian in D.9.2.13
donatio mortis causa gift made because of a death A gift which is made anticipating the death of the donor. A death bed gift. This is one of the few exceptions to the need for a testamentary disposition to be made in writing and witnessed.
eiusdem generis others of the same type In any list of things, this refers to things falling within the same class. It is usually used to chop away some unexpected additional meaning for one word in the list. Finding that it should be construed in this way removes that meaning.
ex abundante cautulae From an abundance of caution The motto of every sane conveyancer. Tie up every bootlace with a double knot. Make damn sure its right. Be more cautious for the sake of being cautious.
ex debito justiciae on the balance of justice A justification sometimes used (ahem) when judges want to do hustice rather than the law.
ex delicto non oritur actio action will not arise from a failure A version, popular in Europe, of our own ex turpi causa non oritur actio.
ex parte from the side An application made to court by one party to an action, without informing the other side first. The court only hears one side.
ex post facto from after the deed With hindsight
exclusio unius inclusio alterius When given a list of things, it is intentionally to the exclusion of others.
Expressio unius exclusio alterius When one thing is excluded from a list, others are deemed to be included.
forum non conveniens inconvenient forum This is a request made by parties to international proceedings that the case should be heard in a different country, that country being the more appropriate. The applications are usually made under the Rome Convention.
fraus omnia corrumpit fraud unravels all Once a contract is affected by fraud, all bets are off.
functus officio function discharged This is the situation where a court having once made a decision on a particular matter, ceases to have any jurisdiction to make any further order. It has made it‘s mind up, and any later alteration must be by another, appellate, court.
See for example MacDonald v Skelt [1985] RTR 321
Habeas corpus ad subjiciendum you have the body ‘Let the body be produced‘. This is a writ addressed (usually) to the operator of a prison, or indeed anyone else who may be alleged to be keeping someone prisoner, ordering him to deliver up the body to the court.
The writ has been in various forms most are now mere history. Anyone who has worked with the courts will know that getting bodies out of prison to court is far more difficult than it sounds. : Habeas corpus ad satisfaciendum - an order to produce a prisoner imprisoned for debt to be produced to the court so that he can say how he will satisfy the judgement debt. Habeas corpus ad respondendum - bring a prisoner to court so that he may be re-chargd (usually by a higher court) Habeas corpus ad testificandum - bring him to court as a witness
ignorantia juris non excusat Let no-one be excused for ignorance of the law See Bilbie v. Lumley, 2 East 469 (Lord Ellenborough) and Pankhania -v- The London Borough of Hackney ([2002] EWHC 2441(Ch)). The court discussed the maxim describing it in the following terms: "a tag whose dubious utility would have been enhanced, had it gone on to explain who was not excused and from what. As it stands, it means no more than that ignorance of the general law does not excuse anyone from compliance with it, a proposition with which criminal lawyers are familiar. In translation, it has become distorted and amplified meaning, in such expressions as "everyone" is taken to know the Law", from which follow two further propositions (underpinning the "mistake of law" and "misrepresentation of law" rules respectively) (i) " as you are taken to know the law, it is your fault if you are mistaken as to it, even if I have misrepresented it to you, and because of that you should have no relief". Those two propositions bear little relation to, and do not follow logically from, the maxim "ignorantia juris non excusat", but save for its Latin roots, no basis for the "misrepresentation of law" rule is to be found"
in limina at the threshhold‘ From the start, from the outset, as a preliminary.
in personam in person Where a remedy is available only against a person who owns an object the subject matter of an action, such an action is ‘in personam‘ See in contradistinction ‘in rem‘
in rem in the thing Usually remedies in law are given by the award of money in satisfaction or example of damage to an object. Where an action is with regard to the object itself, the claim is expressed to be in rem. Often used in shipping actions. (see also in personam)
intra vires within the powers Certain bodies operate under powers given to them explicitly by statute or by their rules. An act within the scope allowed is called ‘intra vires‘. See also ultra vires
ipso facto by virtue of that fact Used to mean ‘by that fact alone‘
ius accrescendi inter mercatores locum non habet the right of survivorship has no place among merchants The presumption in equity that partners do not hold the partnership property as joint tenants.
--> lis the tie The legal issue in dispute. It is that which binds opposing parties together in a court action.
lis alibi pendens Describes a situation where litigation is pending simultaneously in two jurisdictions.
locus poenitentiae standing of a penitent The term referes to the standing in law of a wrong-doer who takes the opportunity to withdraw from a projected contract, before the parties are finally bound; or abandons committing a crime, before it has been completed. A wrong-doer who repents his wrong-doing may not be prevented from enforcing an unlawful contract.
magis est ut res valeat quam pereat Used by Lord Diplock in Attorney-General of The Gambia v. Momodou Jobe [1984] A.C. 689 described it as a canon of construction, namely the principle of constitutionality - a statute is to be construed to be compliant with the constitution. Proper translation required!
mandamus we order A term used to categorise certain kinds order, usually in administrative proceedings against a public authority. Where an order requires a positive act from a party, the court orders him to do something, the request is for an order of mandamus.
mens rea the mind of the thing This is part of the maxim ‘actus non facit reum nisi mens sit rea‘ The mental element, over and above basic intent, which has to be proved in any criminal case for the prosecution to succeed. See DPP v Lynch [1975] AC 653.
mutatis mutandis making the necessary changes When an argument from one situation is applied in another, certain elements will have to be altered to fit the new situation. These alterations are made mutatis mutandis.
nemo debet bis punire pro uno delicto (or nemo debit bis vexari, si constat curiae quod sit pro una et eadem causa) no-one should risk being punished twice for the same offence See R -v- Statutory Committee of Pharmaceutical Society of Great Britain [1981] 2 All ER 805 Lord Lane CJ.
nemo judex in sua causa No one should be a judge in his own cause See Dimes v. Grand Junction Canal (1852) 3 H.L.C. 759, 793, per Lord Campbell. For a mor eup to date example see the Criminal Procedure and Investigations Act 1996. A police officer is called to a scene. He picks out and on a young man, and as these things the lad is charged with assault PC. The log of the 999 call shows it was the young man who called the police. The officer is himself at risk of being accused of assault. He is appointed both Investigating and Disclosure Officer. He lists the documents, and marks the log as of no assistance to the defence. End of case. He has judged it, and neither the defence nor the court will see the log which would risk his own prosecution. The Act in effect appoints him to be a judge in his own case.
Nemo potest esse tenens et dominus Nobody can be both tenant and landlord A person cannot be his own landlord (see Rye v Rye [1962] A.C. 496 Lord Denning).
nolle prosequi let there be no prosecution The procedure under which the DPP stops some Thom Fool private citizen from silly prosecutions. Generally, ‘to be unwilling to prosecute‘; The withdrawal of a suit by a plaintiff.
non est factum not my deed A usually quite unsuccessful claim that a document was not actually signed by the person who appears to have signed it. This phrase is close to my heart because it demonstrates the nonsense of the definitions of signatures contained in the Electronic Communications Act 2000, and the Regulation of Investigatory Powers Act 2000. The draughtsmen should have read Austin‘s ‘Doing things with Words.‘
Non haec in foedera veni (translatiov required) This was not what I promised to do. The law of contract and how a party can be excused performance where the contract has been frustrated and can only be performed in a different way. (Davis Contractors Ltd -v- Fareham Urban District Council ([1956] AC 696))
noscitur a sociis We know a man by the company he keeps Not strictly legal Latin, but is used by analogy to decsribe where a court interprets words from the context in which they are used.
novus actus interveniens A new act intervening If I set one series of actions in train, they will lead to a conclusion, and I may be responsible for that conclusion. Where however somebody else later intervenes, and sufficiently alters that chain of events, so that in law I should no longer be held liable, then that act is one of these.
nudum pactum bare agreement In contract law, an enforceable contract only exists when consideration, some value, is given for the promise sought to be enforced. An agreement without consideration, a bare promise, is generally unenforcable.
Nulla Bona No Goods The return made by a sheriff when he enters upon property and finds nothing of value.
nulla poena sine lege no punishment without a law See also nullem crimem sine lege. It is more popular, if slightly less accurate in this form. Kokkinakis v Greece (1993) 17 EHRR 397, para 52; SW and CR v United Kingdom (1995) 21 EHRR 363, para 35/33
nullem crimen sine lege No crime without a law. Whatever you do, if there isn‘t a law which says it is criminal, it isn‘t a crime. This predates the Protection from Harassment Act 1997.
nunc pro tunc now instead of then A phrase use to refer to an application made late. If, for example, permission is required to issue proceedings, but an application is made only after proceedings have been issued, an application for thet permission is made nunc pro tunc.
obiter dicta, obiter dictum, obiter, ob extraneous words The analysis of a judge‘s judgment should separate out the core of the decision, the factors which lead to the case going one way not another. Obiter Dicta are the rest. So much legal detritus.
omnia praesumuntur contra spoliatorem Let all be presumed against a spolier of evidence This is an ancient rule of evidence which may now be slightly less broadly applicable than it was. See Armory -v- Delamirie (1722) 1 Stra 505 and Malhotra -v- Dhawan [1997] EWCA Civ 1096, [1997] 8 Med LR 319
opinio juris sive necessitates‘ ‘Legal opinion follows practicalities‘ … As opposed to principles, for example avoiding trial of murderers already awarded life tariff. (Tim Potten again).
Or . . . A belief that a judgement or act was done because it was a legal obligation. (Ray Kelly)
par in parem non habet imperium an equal has no authority over an equal This is part of the doctrine of State Immunity. One sovereign does not adjudicate on the conduct of another. SeeRegina -v- Bartle and the Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina -v- Evans and Another and the Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte (3)
parens patriae In the place of the parents Where the court takes upon itself the status and standing of a parent to make a decision in their stead on behalf of their child.
pari passu with equal ranking This can be used, for example to explain that creditors within a certain rank of priority, must receive equally in ratio to their debts. Also certain classes of shares in a company may have different voting rights as between classes, but rank equally within a class.
pater est quem nuptiae demonstrant fatherhood is established by marriage The presumption (not necessarily reliable) that a child born to a married woman is the child of her usband.
pecunia non olet money doesn‘t smell Used by The Hon Mr J Jacob in Commissioners of Customs and Excise v Polock [2002] EWHC 156 (CH) A lovely bit of latin showing yet again the power of this wonderful language. This time the Commissioners were chasing the proceeds of prostitution. They wanted their pound of VAT. They got it. They didn‘t care where it came from.
per incuriam by a mistake of the court This is where one court wishes to say that an earlier decision was incorrect. It says that it was decided through an error of the judge (though the error may just … ahem ... have been induced by others). The decision is wrong, and it is the judge‘s decision.
prima facie with first sight A case which may be made out based upon the evidence which may be presented, but is acknowledged to be without that evidence having been tested.
pro bono (publico) for the good For free. Work done by lawyers for the public good. I still cannot get out of my head that this is actually nothing more than a way for very expensive lawyers in the big firms to salve their consciences very publicly, for half an hour a month of a junior‘s time. It stinks.
Most legal aid lawyers spend half of their day doing ‘pro bono‘ work, but somehow this does not seen to count. It doesn‘t have the same marketing behind it.
quantum meruit for what it‘s worth This is a way for a court to assess how much is due to a party for the work they have done, when all else has failed - he is paid what the work was worth. It typically arises when some element of the contract, or even the entire contract, is binned by the court for other reasons.
quasi as if it were Anything is a quasi thing if it seems like a thing, or does thing like things without itself being a thing.
qui facit per alium facit per se Whoever does an act through another, does it himself This is the doctrine of vicarious liability, usually the responsibility of an employer for the acts of an employee. In Scotland this rule is called the rule of respondent superior.
Quicquid plantatur solo solo cedit "If there is no physical annexation there is no fixture." Scarman LJ in Berkley -v- Poulett and Others [1977] 261 EG 911 discussing the law of fixtures.
ratio decidendi The decision‘s reason This is the core legal reason which, when applied to the facts found, turns the decision on way rather than the other. Compare with obiter dicta
ratione materiae relevant reasons Similar to our ratio decidendi. (Why is European Latin different from our Latin?)
ratione personae perosnal reasons Reasons particular to the people involved.
ratione temporae Reasons of the time Temporary reasons.
rebus sic stantibus ‘things standing as they are‘ In effect, a maxim that a court should look at things as they actually are rather, perhaps, than as how someone might want them to be. Used post Woolf by J Walker in Williams v Scottish and Newcastle (Times March 6 2001).
reddendo singula singulis ‘ . . . when plurals are broken down, each singular component must be attributed to its respective singular and not to every other possible singular‘
res ipsa loquitur the thing speaks for itself. ‘Its so bloody obvious, why are you defending this?‘ A claim often proceeding from the lips of those who cannot quite see why their opponent is actually liable. If the situation speaks for itself, what need is there of the poor lawyer?
res gestae the thing from which it is generated The core of the case before a court, the central issue.
res judicata the thing having been adjudged This refers to the natural reluctance of courts to have their decisions challenged. An issue is decided; the loser can appeal. If he doesn‘t, and comes to have lost that right, he can no longer assert in those proceedings that the issue was wrongly been decided. The judicial act had been made, and finished, and done with.
scintilla temporis a tiny bit of time The small time slice between two legal but probably fictitious transactions, much beloved of tax practitioners.
semble It seems It seems.
Sic utere tuo ut alienum non laedas So behave that you do not harm others. (translation provided by L H Lewy - Thanks) Again ‘use your power so as not to injure your neighbours (especially in land occupation or property deployment) from Tim Potten. However "This, like most maxims, is not only lacking in definiteness but is also inaccurate. An occupier may make in many ways a use of his land which causes damage to the neighbouring landowners and yet be free from liability…" Lord Wright in Sedleigh-Denfield -v- O‘Callaghan [1940] AC 880.
See also ‘sic uit suo ut non laedat alienum‘ in Rylands v Fletcher
solvitur ambulando "things will sort themselves out" Or as a famous Tamla song had it ‘Walk on by‘ - it will sort itself out just by walking.
sponsio ludicra Gamong contract - generally unenforceable.
stare decisis stand by that which is decided Stand by the decision, chaps. The maxim that what has once been settled in law should not be unnecessarily be disturbed. The doctrine of precedent is fundamental to common law.
strictu sensu in the strict sense. This is not legal Latin strictu sensu, but rather a Latin term in general use.
Sub Judice under justice Under the court. Once a court has become seised of a matter, it becomes improper (no really … properly improper) to comment in any way which might prejudice the court‘s decision, or the defendant‘s right to a fair trial.
sub nom under the name This is a reference to the name by which a case has been entered in court. Many entities will have several names, and it is not necessarily obvious what name has been used in court. The phrase is used to indicate what name has been used. It is strictly short for sub nomine
Subpoena ad Testificum ‘under penalty to witness A requirement to attend court as a witness - or else.
false suggestion Garden paths, and being lead come to mind. See also ‘suppressio veri.
Has anyone read, and I do mean to the end, Lord Hailsham‘s opinions when he was going through his Wittgensteinian ‘Bluue Book‘ period.
sui generis of its own type When asking whether the law which applies to one area (perhaps of several) can apply in another, to reply that the new area is ‘sui generis‘ is to say that it is so particular in its characteristics that it cannot be treated in the same manner as others. It is one on its own.
suppressing the truth Say the following, but say the fourth word very quietly, and very quickly: ‘The truth, the lawyer‘s truth, and nothing but the truth‘. Easy enough wasn‘t it? Linked with ‘suggestio falsi‘?
tabula in naufragio a plank in a shipwreck Anything will do if all else is lost. Strictly a term describing what happemns when a puisne mortgagee, threatened with extension, buys the interest of a mortgagee ‘but one‘ above, to tack his interest onto that of the first, jumoning his puisne charge in priority. I didn‘t understand that either for many years. ‘This figure has been used to denote the condition of a third mortgagee, who obtained his mortgage without any knowledge of a second mortgage, and then, being puisne, takes the first encumbrance; in this case he shall squeeze out and have satisfaction before the second.‘ (Inspired by McKellar, David A of Hong Kong)
talem qualem ‘with such qualities‘ (?) Take you victim as you find him. Sometimes known as the eggshell skull rule. If you kick somebody up the bottom, and he turns out to have a exceptionally delicate bottom, then you are responsible for all the damage which flows from the kick, even if it goes well beyond what you might expect of someone with a standard type bottom.
turpis causa evil cause Refers to a cause of action which is corrupt. Part of a longer phrase ‘Ex turpi causa no oritur actio‘ - no case can be brought relying upon an evil cause.
uberrimae fidei utmost good faith ‘Of utmost good faith‘ is a term used to describe the duties owed by one person to another when a contract brings them particularly close. The two areas in which it principally appears are insurance law, and partnership law. In each case, one part is said to owe the other a duty of the utmost good faith. Frequently used becasue partners and insurance policy holders are notorious for not being entirely straight.
ubi non est principalis non potest esse accessorius Where there is no principal there is no accessory
ubi ius ibi remedium wherever there is a right there is a remedy coined by Lord Holt in Ashby v White (1703) 2 Ld Raym 955. This seems now somewhat optimistic, but suggests that if a court finds a right, it would not normally make sense to find, at the same time, that there is no way of enforcing it.
For some strange reason, it seems to be usually quoted when denying a that there is a right. If the claimant cannot find an appropriate remedy, he cannot have had a right.
ultra vires outside the powers Certain bodies operate under powers given to them explicitly by statute or by their rules. An act outside the scope allowed is called ‘ultra vires‘. See also intra vires
Cujus eft folum, ejus eft ufque ad coelum or Cujus eft folum, ejus eft ufque ad coelum et ad inferos To whomever belongs the land owns also to the heavens and the depths‘ I cannot improve upon Blackstone (though he may still need a little translation): "Land hath alfo, in it‘s legal fignification, an indefinite extent, upwards as well as downwards. Cujus eft folum, ejus eft ufque ad coelum, is the maxim of the law, upwards; therefore no man may erect any building, or the like, to overhang another‘s land: and, downwards, whatever is in a direct line between the furface of any land, and the center of the earth, belongs to the owner of the furface; as is every day‘s experience in the mining countries. So that the word "land" includes not only the face of the earth, but every thing under it, or over it. And therefore if a man grants all his lands, he grants thereby all his mines of metal and other foffils, his woods, his waters, and his houfes, as well as his fields and meadows. Not but the particular names of the things are equally fufficient to pafs them, except in the inftance."Blackstone
uti possedis right of one having taken possession A sort of international law right of possession. In theory if one country invades another and takes land by force, generally everyone gets around eventually to giving up on trying to change it.
It is not clear nowadays whether it has any validity - though it might if we did it. See Palestine, and Israel.
Ut res magis valeat quam pereat or magis est ut res valeat quam pereat That the matter may have effect rather than fail An interpretation taken to allo wproceedings to have effect rather than fail(?). Original tranlation by Bill Anderson - ewa@powerup.com.au - many thanks.
venire de novo come back again Equivalent to a retrial.
Videlicet that it be seen usually shown as ‘viz‘ - ‘for which see‘
volenti non fit injuria a volunteer may not claim for his damage Where somebody takes on himself a known risk voluntarily, he cannot complain in damages for the foreseen injury resulting. This is often used in defences to actions for sports injuries - if you are daft enough to get into the ring with Mike Tyson - do not complain if he hits you (though you can if he bites).
Links to other sites
Tim Potten Tim‘s page is well worth a visit.
Duhaime legal dictionary http://www.duhaime.org/diction.htm
If you come across a bit of legal latin lingo which leaves you cold, or indeed a correction, submit it please!Links
http://www.constitution.org/bouv/bouvier_t.htm Bouvier‘s Legal Dictionary.Latin Word ListThe Court Service
Translations wanted
"aliquis in omnibus, nullus in singulis" opinio juris sive necessitates‘ falsa demonstratio non nocet cum de corpore constat (May 2004) de bene esse - The furthest I get is ‘with a good heart‘ or with goodwill. ‘fumus boni juris‘ Feb 2003 as in "Suspension of operation and other interim measures may be granted by the judge ruling on the application for interim measures if it is shown that there are factual and legal grounds establishing a prima facie case for them (fumus boni juris);" - European Court again ‘Principle of non bis in idem‘ ECJ
Thanks
Over time, comments from several others have helped me improve this page. Not least, and not in any particular order are: John Spencer Andrew Blouet Tim Potten
… and others unnamed, to all of whom, many thanks.
Perhaps more usefully, I recommend some links for Latin translations.http://en.wikipedia.org/wiki/Category:Latin_legal_phrases Wikipedia - Legal Latin.Bouvier‘s Law DictionaryDuhaimes on-line legal dictionaryQuick Latin A downloadable Latin translatorA visual basic tool http://www.levity.com/alchemy/latin/latintrans.htmlLatin Words List (at http://kufacts.cc.ukans.edu/ftp/pub/history/Europe/Medieval/aids/latwords.html )
And a bit more light heartedlyUseful bits of Latin for everyday life, from the BBC. I like it.
(To follow)
All information on this site is in general and summary form only. The law changes without warning. The content of any page on this site may be out of date and or incomplete. You must not rely directly upon any material on this site. Take professional legal advice which reflects your own particular situation.