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(1) of (20) IC : PTtklla01
Law is order, and good law is good order.
LEGAL APTITUDE BOOKLET # 01
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Legal terminology, Maxims and Brocards is an important topic for all law school entrance exams and forms the basis for numerous questions. On an average, there are at least 3-5 questions from this topic.
Though the number of direct questions may vary from year to year and test to test, many of the principles are used for constructing legal problems (Principle and Fact questions) in these tests. Therefore, a thorough understanding of these legal terms is a must. Do couple your sincere reading of this booklet with classroom notes given.
Best wishes!
LEGAL TERMINOLOGY, MAXIMS AND BROCARDS
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MAXIM
Legal Maxim: A Legal Maxim is an established principle or proposition. A principle of law universally admitted as being a correct statement of the law, or as agreeable to natural reason. Maxims in law are somewhat like axioms in geometry.
They are principles and authorities, and part of the general customs or common law of the land; and are of the same strength as acts of parliament, when the judges have determined what is a maxim; which belongs to the judges and not the jury. Maxims of the law are holden for law, and all other cases that may be applied to them shall be taken for granted. The application of the maxim to the case before the court is generally the only difficulty. The true method of making the application is to ascertain how the maxim arose, and to consider whether the case to which it is applied is of the same character, or whether it is an exception to an apparently general rule. The alterations of any of the maxims of the common law are dangerous.
For example : ubi jus ibi remediam
When seeking an equitable relief, the one that has been wronged has the stronger hand. The stronger hand is the one that has the capacity to ask for a legal remedy (judicial relief ). In equity, this form of remedy is usually one of specific performance or an injunction (injunctive relief ). These are superior remedies to those administered at common law such as damages.
BROCARD
Brocard is a Legal principle expressed in Latin (and often derived from past legal authorities or Roman law) which is traditionally used to express concisely a wider legal concept or rule.
For example : Nemo dat quod non habet
The basic rule that a person who does not own property (e.g. a thief) cannot confer it on another except with the true owner's authority (i.e. as his agent). Exceptions to this rule include sales under statutory powers and cases in which the doctrine of estoppel prevents the true owner from denying the authority of the seller to sell.
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A ab extra : from without; from outside:
For example:
1. Concerning a case, a person may have received some information from a third party
2. The assistance may have been considered ab extra
ab initio : = from the beginning
actus reus : guilty act; the objective element of a crime; the external element of a crime
actus non facit reum nisi mens sit rea : the act does not make a person guilty unless the mind is also guilty
ad coelum/cuius est solum, eius est usque ad caelum et ad inferos : for whoever owns the soil, it is theirs up to Heaven and down to Hell
ad colligenda bona : to collect the goods
ad damnum : According to the harm; appropriate to the harm; a measure of damage inflicted, and implying a remedy if one exists that ought to correspond specifically and only to the damage suffered.
ad hoc : for this (purpose); composed or designed for a particular purpose only
ad hominen: argument against the man; argument to the man: also see argumentum ad hominem
ad idem/consensus ad idem : mutual assent; of the same mind; meeting of the minds: the situation where there is a common understanding in the formation of the contract
ad infinitum : to infinity; continue forever; without limit
ad litem : for the suit; a party appointed by a court to act in a lawsuit on behalf of another party
administrator de bonis non cum testamento annexo : administrator of goods not administered with the will annexed
ad nauseam : repeated continuously or continuing to the point of boredom
Ad quod damnum : According to the harm; appropriate to the harm; a measure of damage inflicted, and implying a remedy if one exists that ought to correspond specifically and only to the damage suffered.
affidavit : declaration upon oath; a formal sworn statement of fact
alter ego : the other
a mensa et thoro : divorce a mensa et thoro; divorce from bedandboard; a de facto separation while remaining legally married
amicus curiae/amici curiae : friend of the court/friends of the court
animus nocendi : animusmind, noceoto harm: the subjective state of mind of the author of a crime,
ante : before For ex. Reverting to the situation antebellum
arguendo : for the sake of argument
a posteriori : after the fact; (logic) Involving deduction of theories from facts.
a priori : known ahead of time
argumentum a fortiori : even more so; from the stronger; with even stronger reason.
For example:
1. If it is illegal to steal one apple then it is also illegal to steal ten apples (from smaller to bigger, a minore ad maius):
2. If you can drink ten sodas then it follows that you can drink five (from bigger to smaller, a maiore ad minus).
argumentum ad hominem : argument against the man; argument to the man; attacking the person; replying to an argument or factual claim by attacking or appealing to a characteristic or belief of the source making the argument or claim, rather than by addressing the substance of the argument or producing evidence against the claim
audi alteram partem : hear the other side
LEGAL TERMINOLOGY, MAXIMS AND BROCARDS
(4) of (20) IC : PTtklla01
B bona fide/bona fides : good faith; in good faith; A Bona Fide agreement is one entered into without attempt to fraud; It is a state in which the person is cognatively and morally committed to do the right thing. Opposite: mala fide/mala fides = bad faith; in bad faith.
bona vacantia : vacant goods: Indicates the absence of any known person entitled to the estate of a deceased person
C cadit quaestio : the question falls; is a legal term used to indicate that a settlement to a dispute or issue has been reached, and is now resolved
casus belli : act of war; cause for war
c.a.v. : the court wishes to be advised: abbreviation for curia advisari vult
caveat : beware; take care; let him beware: An entry in the (court) records that effectively prevents action by another party without first notifying the party entering the Caveat
caveat emptor : let the buyer beware
caveat lector : let the reader beware
caveat venditor : let the seller beware
certiorari: to be shown: an action of certiorari was suggested in terms of reviewing a case
ceteris paribus : with other things the same; all other things being equal
circa; c. : around; approximately
clausula rebus sic stantibus : things thus standing : the legal doctrine allowing for treaties
compos mentis : of sound mind: Legally capable to conduct or defend proceedings: non compos mentis = not of sound mind
concensus facit legem : agreement makes the law; permission makes the law; consent makes the law
conditio sine qua non : a condition without which it could not be or without which there is nothing.
contra ius commune : against common law
contra ius gentium : against the law of nations
confer : bring together
consuetudo est altera lex : custom is another law
consuetudo pro lege servatur : custom is kept before the law
consuetudo vincit communem legem : custom overrules the common law
contra : against
contradictio in terminus : contradiction in terms
contra bonos mores : against good morals
contradictio in adjecto : contradiction in terms; contradiction in itself
contra legem : against the law
contra proferentem : against the one bringing forth;
cor (coram) : In the presence of
coram Deo : in the Presence of God
coram non judice : not in the presence of a judge; a legal proceeding without a judge; with improper venue; without jurisdiction.
coram populo : in the presence of the people; openly
curator ad litem : a party appointed by a court to act in a lawsuit on behalf of another party; legal representatives who are appointed by court when the court believes that the person lacks the mental capacity to make decisions for themselves.
corpus : body
corpus delicti : body of the offence
Corpus Juris Canonici : Body of Canon Law
Corpus Jurus Civilus : Body of Civil Law
Corpus Juris Secundum : C.J.S; an encyclopedia of U.S. law: Complete Restatement Of The Entire American Law As Developed By All Reported Cases (1936 )
corpus vile : worthless body
corrigenda : things to be corrected
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corruptio optimi pessima : the corruption of the best is the worst
corruptus in extremis : corrupt to the extreme
corruptissima re publica plurimae leges : When the republic is at its most corrupt the laws are most numerous
Credo in Unum Deum : I Believe in One God
crimen laesae maiestatis : the crime of injured majesty, an offense against an authority, someone's dignity or against a sacred custom
cucullus non facit monachum : The hood does not make the monk
cui bono : Good for whom?
cui prodest/cui prodest scelus is fecit : for whom it advances/for whom the crime advances, he has done it
cuius est solum eius est usque ad coelum et ad inferos : Whose the land is, all the way to the sky and to the underworld is his; For whosoever owns the soil, it is theirs up to the sky and down to the depths
cuius regio, eius religio: whose region, his religion: the religion of the king of the region is the religion of the people
cuiusvis hominis est errare, nullius nisi insipientis in errore perseverare : Anyone can err, but only the fool persists in his fault: Marcus Tullius Cicero, Philippica XII, ii, 5.
culpa : guilt; blame; mistake
cum gladiis et fustibus : with swords and clubs
cum gladio et sale : with sword and salt
cum grano salis : with a grain of salt
cum hoc ergo prompter hoc : with this, therefore on account of this: correlation does not imply causation
cum laude : with praise
cum mortuis in lingua mortua : with the dead in a dead language
cura personalis : care for the whole person
cura te ipsum : take care of your own self; take care of yourself first
curia advisari vult : the court wishes to be advised
cur. adv. vult : the court wishes to be advised: abbreviation for curia advisari vult
curriculum vitae : course of life
custodia legis : in the custody of law
custos morum : keeper of morals; a censor
cygnus inter anates : swan among ducks
D da mihi factum, dabo tibi ius : give me the fact, I will give you the law
damnatio memoriae : damnation of memory: a custom in which disgraced Romans were pretended to have never existed
damnum absque injuria : damage without injury: one is not responsible for unintended, consequential injury to another resulting from a lawful act, excluding unintended damage by negligence or foolishness.
data venia : with due respect; given the excuse
de bonis asportatis : carrying goods away: the traditional name for larceny
de bonis non administratis : of goods not administered: An appointed person who administer an estate following the death of the original administrator
de facto : concerning fact; In fact; As a matter of fact; in practice but not necessarily ordained by law; in practice or actuality, but without being officially established; The de facto standard is a formal or informal standard that has a dominant position by cultural acceptance, market dominance, tradition or enforcement.
defalcation : embezzlement; bad acts that changes a particular debt so it cannot be discharged in bankruptcy
de fideli : with faithfulness
de futuro : regarding the future
de integrow : again, a second time
de jure : By right; concerning law; in principle
de lege ferenda : from law to be passed; what the law should be
de lege lata : from law passed; by law in force; the law as it exists
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de minimis non curat praetor : The commander does not bother with the smallest things.
de mortuis aut bene aut nihil : about the dead, either well or nothing
de mortuis nil nisi bonum/de mortuis nil nisi bonum dicendum est : no one can speak ill of the dead; let nothing be said of the dead but what is good; of the dead, speak no evil
de nobis fabula narratur : about us is the story told
de novo : afresh; anew; beginning again
dictum/dicta (plural) : is a statement of opinion or belief considered authoritative because of the dignity of the person making it
dictum probium : A personal or individual dictum that is given by the judge who delivers an opinion but that is not necessarily concurred in by the whole court and is not essential to the disposition
gratus dictum : an assertion that a person makes without being obligated to do so, or also a court's discussion of points or questions not raised by the record or its suggestion of rules not applicable in the case at bar
judicial dictum : an opinion by a court on a question that is directly involved, briefed, and argued by counsel, and even passed on by the court, but that is not essential to the decision
obiter dictum : something said in passing: a comment made while delivering a judicial opinion, but it is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive)
simplex dictum : an unproved or dogmatic statement
doli incapax : Incapable of deceit; Incapable of crime: conclusive presumption or irrebuttable presumption: in English law it is a presumption of law that cannot be rebutted by evidence and must be taken to be the case whatever the evidence to the contrary
dolus specialis : special intent; specific intent
duces tecum : Bring with you: Order to produce document to court: see subpoena duces tecum
E ergo : therefore
erratum : error; mistake: errata (plural); errors; mistakes
et cetera; etc : and so on; and more; and the rest
et ux : and wife
Exempli Gratia (eg) : For example: Used when explaining a statement through a relevant example
ex gratia : from grace; from kindness: (without legal obligation)
ex libris : from the library; from the books
ex officio : by right of office; from the office
Ex Parte : by a party: An ex parte application is when an apllpication is made to the Court during proceedings by one party in the absence of another or without notifying the other party
Ex Post Facto : by a subsequent act: Something that occurs after the event but also have a retrospective effect
F factum : an act; a deed
felo de se : felon of himself; suicide: an adult who committed suicide was considered a felon. The crime was punishable by forfeiture of property to the king. The felon would get a shameful buria
ferae naturae : wild animals of nature: unowned property: English property law and English tort law case about rights to wild animals; Keeble v Hickeringill, 11 East 574, 103 Eng. Rep. 1127 OR 3 Salk. 9 (as Keeble v Hickeringhall) Queen's Bench, 1707: American law; Pierson v. Post (3 Cai. R. 175, 2 Am. Dec. 264) (Supreme Court of New York 1805)
fiat justitia ruat caelum : do justice, let the sky fall: justice should be done regardless of the consequences
fiduciary : trustee: also fiduciary duty; someone who acts for and on behalf of another person in a part icular matter in circumstances which give rise to a relationship of trust and confidence: A fiduciary (fid) is expected to be highly loyal to the person (principal) to whom he owes the duty: he should not put his personal interests before the duty, and he should not profit from his position as a fiduciary, unless the principal consents (however the question remains; when can a principal consent?)
fides : faith
fiducia : trust
fieri facias : that you cause to be made: a writ of execution after judgment obtained in a legal action for debt or damages caused by a person/party
flagrante delicto : in the progressing offence or misdeed: caught in the act of committing an offence: caught redhanded
Forum Conveniens : At a convenient place: The Court have jurisdiction in a particular case
(7) of (20) IC : PTtklla01
forum non conveniens : inappropriate forum: when a court refuse to hear a case that has been brought before it
fructus naturales : plants and trees which grow naturally without cultivation
functus officio : having performed his office; having discharged duty: an official institution, statute or government office that has no more legal authority because his or its duties and functions have been completed: A person in a judicial or official position prevented from taking a matter or case further because of limitation by certain regulations
G gravamen : the essential element of a lawsuit
guardian ad litem : legal guardian
H habeas corpus : You (shall) have the body; Produce the body: a court order instructing that a person under arrest be brought before a judge; A document or instruction which directs a person to produce someone held in custody before the court; legal action to seek relief from unlawful detention. It is a legal instrument to protect the individual against arbitrary state action
hostis humani generis : enemy of mankind
I Ibid : In the same place: Used in a document or text to refer to a page previously mentioned
Id Est (ie) : That is to say: Used with an explanation: Used as a description to explain a statement
Ignorantia Juris non excusat : Ignorance of the law is no excuse: When committing an offence guilty parties cannot use as a defence the fact that they did not know that they were breaking the law
In Camera : In the chamber: The hearing of a case in private with selected participans, without the facts being reported to the public: Often used when minors or rape victims are involved
In Curia : In open court: The hearing of a case before an open public court: The hearing of a case before a court sitting in public
In flagrante delicto : in the progressing offence or misdeed: caught in the act of committing an offence: caught redhanded
in limine : at the threshold
in loco parentis : in the place of a parent
In Personam : Against the person: Proceedings issued against a specific person: Proceedings issued with reference to a specific
person: an "admiralty action" in personam would be issued against the owner of a ship
In Re : In the matter of: Concerning...........: A heading in legal documents which introduces the title of the matter or proceedings
In situ : in its original place
inter alia : among other things: The details given are only an extract from the whole
Intra : Within
intra vires : within the powers; within the power of: An act that falls within the jurisdiction of the Court: Opposite: ultra vires = beyond the powers
in vitro : taking place outside a l iving organism: in vitro fertilization
Ipso Facto : By the fact: The dependance upon facts that together prove a point
ius/jus : justice
ius ad bellum / jus ad bellum : justice to war; just war
ius civile / jus civile : civil law
ius cogens/jus cogens : compelling law: it is a fundamental principle of international law which is accepted by the international community of states as a norm from which no derogation
ius commune/jus commune : common law
in limine : at the threshold
J jurat/jurare : he swears/to swear
jus/ius : justice
jus ad bellum/ius ad bellum : justice to War; just war
jus civile : civil law; also ius civile
jus cogens/ius cogens : compelling law: it is a fundamental principle of international law which is accepted by the international community of states as a norm from which no derogation
Jus commune/ius commune : common law
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L locus delicti or lex loci delicti commissi : law of the place where the tort was committed
Locus in quo : The place in which: may be used as reference to subject matter during proceedings i.e. the scene of accident
M magna carta or Magna Carta Libertatum: The great charter; Great Charter of Freedoms, imposed upon the King of England by his barons, in 1215
magnum opus / plural magna opera : a great work; great work
mala fide /mala fides : bad faith; in bad faith.
malum in se : wrong or evil in itself
malum prohibitum / plural mala prohibita : wrong (as or because) prohibited
mandamus : we command
mare clausum : closed sea
mare liberum : the free sea; the freedom of the sea
mea culpa : my fault, or my own fault
mea maxima culpa : my big mistake; my most grievous fault
mens rea : guilty mind: The intention to commit an offence whilst knowing it to be wrong or against the law
motion in limine : at the threshold
mutatis mutandis : with those things having been changed which need to be changed; the necessary changes having been made
N Non Compos Mentis : Not sound in mind: A person proven/ classed as unfit to conduct or defend legal proceedings
Non Est Factum : It is not (my) deed
Nota Bene (nb) : Note well: An abbreviation denoting/indicating that the reader of an article or writing should make a specific note of the article/writing mentioned
novus actus interveniens : Newly intervening act: a principle in criminal law; an act that breaks the chain of causation
Nulla Bona : No effects: The defendant has no goods of any value to remove; usually a notice of a sheriff to a High Court writ of execution indicating that the defendant possesses nothing of value that can be removed
O obiter dictum (singular) or obiter dicta (plural) : said by the way. A remark or observation made by a judge that, although included in the body of the court's opinion, does not form a necessary part of the court's decision: Words said/mentioned in passing by a Judge on a legal point however not constituting part of the evidence or judgment
onus probandi : burden of proof
opinio juris : an opinion of law
opinio juris sive necessitatis : an opinion of law or necessity
P pacta sunt servanda : promises must be kept
per : for each; As stated by
per annum; p.a. : for each year
per capita : for each head; for each person; By heads: eg the cost is $20 per capita $20 each person
Per Pro (pp) : For another/through another: A person delegated/ordered to act for another
per se : intrinsically; in itself/by itself; in themselves: Indicating that the topic should be taken alone
persona non grata : person not allowed; unacceptable person; unwelcome person
Post : After: after something; to refer to something to be found further on in time or place
postmortem : after death; examination of a body after death; autopsy
Prima Facie : First sight: Prima Facie evidence would be considered enough/sufficient to prove a case unless disproved or rejected; if no Prima Facie evidence can be shown or offered, there is no case to answer/continue
pro bono or pro bono publico : for the public good; The term is generally used to describe legal representation undertaken voluntarily and without payment as a public service. Pro bono service uses the specific skills of professionals to provide services to those who are unable to afford them.
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Pro Forma : As per form; A matter of form: Pro Forma procedure is performed following an agreed manner; Pro Forma procedure is executed subject to a prescribed set of rules
pro rata : proportional; In proportion: The investor will receive his dividend Pro Rata to his investment
Pro Tempore (Pro Tem) : Temporarily; For the time being
Q quaere : inquire; query
quantum meruit : as much as he has deserved; reasonable value of services
quasi : as if: A person exercising powers similar to those of a judge is sitting in a QuasiJudicial capacity
quid pro quo : something for something; a favour given or expected in return for something; tit for tat
qui tam/qui tam pro domino rege quam pro se ipso in hac parte sequitur : he who sues in this matter for the king as well as for himself
qui facit per alium facit per se : the one who acts through another, acts in his or her own interests
quo warranto : by what warrant?
R ratio decidendi/rationes decidendi : the reason/the reasons; the rationale for the decision; the point in a case which determines the judgment; the principle which the case establishes; The principles of law applied by a Court upon which judicial decisions are based
ratio scripta : written reason
re : about; regarding; concerning
rebus sic stantibus/clausula rebus sic stantibus : things thus standing
res gestae : things done
res ipsa loquitur : the thing itself speaks; the thing speaks for itself: Because of the obvious negligence of the defendant, the onus of proof would not be on the plaintiff
res iudicata/res judicata : a matter already judged; A thing ajudged: Once a case has been finally decided upon by a Court the decision stands, the same parties cannot attempt to raise the issue again, by or during further proceedings
res nullius : nobody's thing
res publica : public issue; public matter
res publ ica christ iana : the wor ldwide commun ity of Christianity
respondeat superior : let the master answer
estitutio in integrum : restoration to original condition
S Semble : It appears
Sine Die : Without a day: A hearing adjourned sine die stands open indefinitely without a further hearing having been decided on
sine qua non : a condition without which it could not be or without which there is nothing; essential condition; something that is absolutely necessary
status quo : the existing state of affairs
Sub Judice : In the course of tr ia l: The case is under consideration. Proceedings are subjudice and details cannot be released
subpoena : a written command/order to a person to testify before a court or be punished
Subpoena ad Testificum : To produce evidence: A document directed to a person commanding him or her, under a threat of penalty, to appear before a Court and give evidence
subpoena duces tecum : bring with you under penalty of punishment
supra : beyond; over; more than; in charge of, in authority over; on top; more; above; before; formerly
T tabula rasa : blank slate; plank paper; blank mind
terra firma : dry land; ground as opposed to the air or sea
terra nullius : nobody's land; nomans land; empty land; land belonging to no one; also see res nullius.
trail do novo: a new trail
U ultra vires : beyond the powers: An act that falls outside or beyond the jurisdiction of the court: Opposite: intra vires = within the powers.
(10) of (20) IC : PTtklla01
uberrima fides/fidei : utmost good faith; most abundant faith
uno flatu : in one breath. Used in criticism of inconsistent pleadings, ie. "one cannot argue uno flatu both that the person is dead and also that he is responsible for wrong actions
unus multorum : one of many; an average person
uti possidetis : as you possess
uxor (ux) : wife; et ux = and wife
V vel non : or not
vera cause : true cause
verbatim : in exactly the same words
versus; vs.; v. : against
veto : I forbid
vice versa: the other way around
vide infra (v.i.): see below
videlicet: namely; that is to say; as follows: Used in text to show examples
videre licet: it is permitted to see
vide supra (v.s.): see above
Vigilantibus non dormientibus aequitas subvenit: equity aids the vigilant, not the negligent; equity aids the vigilant, not the negligent who sleep on their rights.
vis major: an act of God; a superior force
viz.: namely; that is to say; as follows
volenti non fit injuria: no injury is done to a person who consents; to a willing person, no injury is done.
~
Some more useful Latin phrases and terms :
A a fortiori : with yet stronger reason
a posse ad esse : from possibility to actuality
a posteriori : derived by reasoning from observed facts
a priori : from what was before
ab incunablis : from the origin
ab initio : from the beginning
ab intra : from within
ab urbe condita (AUC) : from the founding of the city (Rome in 753 BC)
ad absurdum : to the point of absurdity
ad eundem : to the same level
ad eundem gradum : to the same level
ad hoc : for this special purpose
ad hominem : denoting an argument made personally against an opponent, rather than logically against an issue (literally, "to the person")
ad idem : of the same mind
ad infinitum : without limit
ad libitum : according to pleasure
ad litem : for the suit
ad locum (ad loc.) : at the place
ad nauseam : to a disgusting extent
ad valorem : according to value
addenda : things to be added
advocatus diaboli : devil's advocate
affidavit : a sworn written statement usable as evidence in court
(11) of (20) IC : PTtklla01
agenda : things to be done (used especially for a list of items to be discussed at a meeting)
alea iacta est : the die is cast (Caesar)
alma mater : one's old school or university
alter ego : other self
amicus curiae : friend of the court
amicus omnibus, amicus nemini : a friend to all is a friend to none
anno domini (AD) : in the year of the Lord
annus horribilis : a terrible year
annus mirabilis : a wonderful year
ante bellum : before the war
ante meridiem (a.m.) : before midday
aqua fortis : nitric acid
aqua pura : pure water
ars gratia artis : art for art's sake
aude sapere : dare know
audi alteram partem : hear the other side (a principle of natural justice)
B bella gerant alii : let others wage war
bona fide (adjective) : genuine, sincere
bona fide (adverb) : genuinely, sincerely
bona fides (noun) : honest intention
C cadit quaestio (cq) : the question falls; the matter admits no further argument (the facts have been double checked)
caret : it is lacking (used in editing to indicate that something is to be inserted)
carpe diem : seize the day
casus belli : the circumstances justifying war
cave canem : beware of the dog
caveat emptor : let the buyer beware
caveat lector : let the reader beware
caveat venditor : let the seller beware
ceteris paribus : other things being equal or unchanged
circa (c, followed by a date) : about
cogito, ergo sum : I think, therefore I am (Descartes)
compos mentis : sane
confer (cf.) : compare
cor unum : one heart
corpus delicti : the facts of a crime
corrigenda : a list of things to be corrected (in a book)
cui bono? : who benefits?
cui malo? : who suffers a detriment unjust?
cum grano salis : with a grain of salt (not literally)
curriculum vitae : a summary of a person's career and working life
D de facto : in fact (especially in contradistinction to "de jure")
de gustibus non est disputandum : there is no accounting for taste
de jure : by right
de minimis : with respect to trifles
de novo : anew
delectatio morosa : peevish delight
deo duce : with God for a leader
(12) of (20) IC : PTtklla01
deo gratias : thanks be to God
deo volente : God willing
deus ex machina : a god from a machine, a contrived, artificial event that resolves a problem at the last moment
dictum meum pactum : my word is my bond
dictum sapienti sat est : a word to the wise is sufficient
dramatis personae : the list of characters in a play
dulce et decorum est pro patria mori : it is sweet and proper to die for one's country (Horace)
dum spiro, spero : as long as I breathe, I hope (Cicero)
dum vires annique sinunt, tolerate labores : while strength and years permit, endure labor (Ovid)
dura lex, sed lex : the law is harsh, but it is the law
E ecce homo : behold the man
ego : consciousness of one's own identity
eiusdem generis : of the same kind
emeritus : retired after distinguished service and holding an honorary title (for example, emeritus professor)
ergo : therefore
errata : a list of errors (in a document or book)
et alia : and other things
et alii (et al.) : and others
et cetera (etc.) : and so on
et sequentes (et seq. or seqq.) : and those that follow
et uxor (abbreviated et ux.) : and wife
ex cathedra : formally, with official authority
ex curia : out of court
ex gratia : purely as a favour
ex libris : from the library of
ex nihilo : out of nothing
ex officio : by virtue of his office
ex parte : by only one party to a dispute in the absence of the other
ex post facto : retrospectively
excusatio non petita, accusatio manifesta : he who excuses himself, accuses himself (qui s'excuse, s'accuse)
exeat : permission for a temporary absence
exempli gratia (e.g.) : for example
F fama nihil est celerius : nothing is swifter than a rumour
fiat : let it be done
floruit : he flourished
functus officio : having discharged his duty and thus ceased to have any authority over a matter
G gaudeamus igitur : so let us rejoice
H habeas corpus : you may have the body. (The opening words of a prerogative writ requiring a person holding another person to bring that person before a court)
hic jacet : here lies
honoris causa : as a mark of esteem
I ibidem (ibid. in citations, etc.) : in the same place
id est (i.e.) : that is
idem : the same
imperator : emperor
imprimatur : let it be printed
(13) of (20) IC : PTtklla01
in absentia : while absent
in camera : in private session Ex. A court hearing in camera
in casu : in this case
in casu extremae necessitatis : in case of extreme necessity
in curia : in court
in deo speramus : in God we trust
in extenso : at full length
in extremis : near death
in flagrante delicto : in the very act of committing an offence
in illo tempore : at that time
in loco extremis : in the farthest place
in loco parentis : in place of a parent
in medias res : in the midst of things
in memoriam : in memory
in re : in the matter of
in silico : by means of a computer simulation
in situ : in its original situation
in specie : in kind; (a) in its own form and not in an equivalent (b) in coins and not in paper money
in toto : entirely
in vino veritas : in wine there is truth
in vitro : observable in a glass test tube; outside the living body and in an artificial environment
in vivo : happening within a living organism
index librorum prohibitorum : official list of the books not to be read by Catholics
infra : below or on a later page
infra dig : unbecoming (slang) Ex. Mahatama Gandhi taught us that no work should be considered infra dig.
inter alia : among other things
inter se : among themselves
inter vivos : during life
intra muros : within the walls
intra vires : within the power
ipso facto : by that very fact
L latine dictum : spoken in Latin
loco citato (loc. cit.) : in the passage just quoted
locum tenens : one occupying the place. assistent, deputy locus sigilli (l.s.) = the place of the seal
locus standi : the right to be heard in court
M magna carta : Great Charter Ex. The English Magna Carta of 1215 AD
magna cum laude : with great honour or academic distinction
magnum opus : great work
Mater semper certa : the mother is always certain; the identity of the mother of the child is always certain
me judice : I being the judge; in my opinion
mea culpa : by my fault
memento mori : remember that you have to die
memorandum : a note of a something to be remembered
mens rea : guilty mind
mens sana in corpore sano : a sound mind in a sound body
mirabile dictu : wonderful to relate
modus operandi : the manner of working
monumentum aere perennius : an immortal work of art or literature (literally, "a monument more lasting than bronze") (Horace)
(14) of (20) IC : PTtklla01
multi multa; nemo omnia novit : many know many things; no one knows everything
multum in parvo : much in a small compass
multus amicus, nullus amicus : a friend to all is a friend to none
mutatis mutandis : the necessary changes being made
N ne plus ultra : the highest standard of excellence
nemine contradicente (nem. con.) : unanimously
nemine dissentiente (nem. dis.) : unanimously
nihil obstat : nothing stands in the way
nil desperandum : there is no cause for despair (Horace)
nisi : unless
nolens volens : whether one likes it or not; willing or unwilling
nolle prosequi : to be unwilling to prosecute
non compos mentis : insane
non sequitur : it does not follow, a conclusion which does not accord with the premises"
noscitur a sociis : the meaning of a word can be known from the context
nota bene (NB) : note well, important
numero pondere et mensura deus omnia condidit : God created everything by number, weight and measure (Isaac Newton)
O o tempora, o mores! : oh, the times! oh, the morals! (Cicero)
obiter dictum : a saying by the way
omne ignotum pro magnifico est : all things unknown seem grand (Tacitus the Elder)
omnia mutantur, nos et mutamur in illis : all things are changing, and we are changing with them
omnia vincit amor, nos et cedamus amori : love conquers all things, let us too yield to love (Virgil)
opere citato (op. cit.) : in the work just quoted
P pari passu : equally
parturiunt montes, nascetur ridiculus mus : the mountains are in labour; a ridiculous mouse will be born (Horace); great promises, but no result or only a insignificant result
passim : in various places (in a quoted work)
pater est quem nuptiae demonstrant : the father is whom the marriage (vows) demonstrate; the father is indicated by marriage
pax intrantibus : peace to those who enter
pax vobiscum : peace be with you
pedente lite : pending the suit
per annum : per year
per ardua ad alta : through difficulties to the heights
per ardua ad astra : through difficulties to the stars
per capita : by the head Ex. India’s per capita income
per centum : per hundred
per diem : per day
per mensem : per month
per omnia saecula saeculorum : for ever and ever
per procurationem (per pro or pp) : as agent for
per se : taken alone
persona non grata : a nonacceptable person
post hoc ergo propter hoc : after this, therefore because of this (a logical fallacy)
post meridiem (p.m.) : after midday
post mortem : after death (also figuratively)
prima facie : on a first view
primus inter pares : first among equals
(15) of (20) IC : PTtklla01
pro bono publico : in the public good
pro bono : done without charge in the public interest
pro forma : for the sake of form pro hac vice : for this occasion
pro rata : according to the rate
pro se : on one's own behalf
pro tanto : to that extent
pro tempore (pro tem) : for the time being
proximo (prox.) : of the next month
Q qua : in the capacity of
quantum in me fuit : I have done my best
quasi : as if
qui desiderat pacem, praeparet bellum : let him who desires peace prepare for war (Vegetius)
quid pro quo : something for something
quis custodiet ipsos custodes? : who is guarding the guards?
quo in casu : in which case
quo vadis? : where are you going?
quod erat demonstrandum (QED) : which was to be proved
quod erat faciendum (QEF) : which was to be done
quod vide (q.v.) : which see
R ratio decidendi : the reason for the decision
ratio legis est anima legis : the reason of the law is the soul of the law
re : in the matter of
reductio ad absurdum : reduction to the absurd (proving the truth of a proposition by proving the falsity of all its alternatives) regina : queen
requiescat in pace : rest in peace
res ipsa loquitur : the thing speaks for itself
res tantum valet quantum vendi potest : a thing is worth only what someone else will pay for it
rex : king
rigor mortis : the stiffening of a body after death
S salve, salvete : be greeted, hail, welcome
semel in anno licet insanire : one can act the fool once a year
semper fidelis : always faithful
senatus populusque Romanus (SPQR) : the Senate and the people of Rome
sensu stricto : in a narrow or strict sense
seqq : and those that follow
seriatim : one after another in order
si vis pacem, para bellum : if you want peace, prepare for war
sic : thus, used in quoted passages to indicate that an error sic transit gloria mundi = thus passes the glory of the world
silentium est aureum : silence is golden
silva rerum : an assorted collection of facts
simpliciter : naturally; without qualification
sine anno (s.a.) : year not known
sine die : without stipulating a day
sine qua non : an indispensable condition
status quo : the existing condition
stet : let it stand
sub judice : before a court
sub rosa : in confidence
(16) of (20) IC : PTtklla01
sub verbo : under the word, heading
sui generis : of its own kind
supra : above or on an earlier page
suum cuique : to each his own
T tabula rasa : a clean paper
tempus fugit : time flies
tempus fugit, mors venit : time passes, death advances
terra firma : dry land Ex. While talking about archaeology, he was on terra firma.
terra incognita : unknown land
terra nullius : uninhabited land Ex. The Senkaku islands are terra nullius.
timeo danaos et dona ferentes : I fear the Greeks, even when they bring gifts (Virgil)
U uberrimae fidei : of the utmost good faith
ultimo (ult.) : of the previous month
ultra vires : beyond the power
V vade mecum : a constant companion
vale, valete : farewell
velle est posse : where there is a will, there is a way
veni, vidi, vici : I came, I saw, I conquered (Caesar)
verbatim : exactly as said
verbum sat sapienti (verb.sub) : a word to the wise is sufficient
versus : against
vi et armis : by force and arms
vice : in place of
vice versa : the order being reversed
vide : see
videlicet (viz.) : namely
vires acquirit eundo : we gather strength as we go (Virgil)
virgo intacta : virgin
volenti non fit injuria : that to which a man consents cannot be considered an injury
vox populi : voice of the people Ex. Communists thrive on the notion that they represent the vox populi whereas it may not entirely be true.
1.(C) 2.(A) 3.(C) 4.(B) 5.(C) 6.(C) 7.(C) 8.(D) 9.(A) 10.(D)
11.(A) 12.(C) 13.(A) 14.(A) 15.(A) 16.(B) 17.(B) 18.(B) 19.(B) 20.(A)
21.(C) 22.(D) 23.(B) 24.(A) 25.(A) 26.(C) 27.(A) 28.(C) 29.(A) 30.(A)
31.(B) 32.(B) 33.(D) 34.(D) 35.(A) 36.(B) 37.(D) 38.(D) 39.(A) 40.(A)
41.(A) 42.(A) 43.(B) 44.(D) 45.(B) 46.(B) 47.(A) 48.(B) 49.(D) 50.(A)
Answer key Practice Exercise
(17) of (20) IC : PTtklla01
¿ Suggested Time : 30 min Total questions : 50
PRACTICE EXERCISE
1. The fundamental principle of law where there is a right there is a remedy is reflected in the maxim (A) lex noncogit ad impossibilia (B) actus curiae neminem gravabit
(C) ubi jus ibi remedium (D) volenti not fit injuria
2. What does the maxim Actus curiae neminem gravabit mean? (A) act of court shall prejudice no one (B) act of God hurts no one
(C) act of law hurts no one (D) act of government hurts no one
3. Which among the following maxims literally means that ‘let health of the people be the paramount law’?
(A) Scienti et volenti nonfit injuria (B) Sacramenta puberum sunt sarvanda
(C) Salus populi suprema lex (D) Ultra volorem
4. What does the maxim De facto mean? (A) concerning the law (B) concerning the fact
(C) concerning the whole (D) concerning the future
5. A friend of court appointed to assist the court in a certain proceeding, in legal terminology, is reffered to as (A) alieni juris (B) affinitas
(C) amicus curiae (D) animo furandi
6. What does the Maxim Caveat venditor mean? (A) Let the purchaser beware
(B) Other things being equal (C) Let the seller beware (D) None of these
7. Which of the following phrase means ‘something for something’? (A) quo jure (B) quid juris (C) quid pro quo (D) quo warranto
8. What does Prima facie mean? (A) So far, to that extent
(B) Things done (C) In self defence
(D) On the face of it
9 . Temporary postponement of the execution of a criminal sentence, i.e. the death sentence, is called (A) reprieve (B) respite
(C) remission (D) pardon
10. What does Ex nudo pacto actio non oritur mean? (A) Proceedings brought by one person
(B) You shall have the body (C) At fault (D) No action arises on a contract without a consideration
11. What does the maxim Mens rea mean? (A) A guilty state of mind
(B) A guilty state of body (C) A guilty state of soul
(D) A guilty state of mind, body and soul
12. ‘Theft’ is defined as
(A) dishonest removal of poverty (B) removal of one’s property without consent (C) dishonest removal of movable property
(D) None of these
13. A type of writ seeking judicial review is (A) Certiorari (B) Compos Mentis
(C) Caveat (D) Prohibition
14. Misappropriation of funds by one entrusted with them refers to
(A) Defalcation (B) De nobo (C) De minimus
(D) Derogation
15. What does In flagrante delicto mean? (A) in blazing offense (B) at fault
(C) in the extreme (D) in existence
16. What does De jure stand for? What does it stand in contrast to? (A) concerning the whole, de latte
(B) concerning the law, de facto (C) concerning the proof, de amicus (D) concerning the justice, de juris
(18) of (20) IC : PTtklla01
17. The term ressubjudice means that (A) a case has been decided by the court (B) a case is pending before the court (C) a case has been dismissed by the court
(D) None of these
18. The maxim Ubi jus ibi remedium means that (A) justice should not be done but should be seen also (B) law provides remedy for every wrong
(C) justice is to be according to law (D) None of these
19. What does the maxim Pari Passu mean? (A) On an unequal footing
(B) On an equal footing (C) We command (D) With evil intent
20. What does the maxim Assentio Mentium mean? (A) A meeting of minds
(B) A meeting of souls (C) A meeting of judges
(D) A meeting of lawyers
21. What does the maxim Respondeat Superior mean? (A) Let the respondent answer (B) Let the principle answer (C) Let the principal (master) answer
(D) Let the lawyer or the employee answer
22. An exparte decision means a decision given (A) after hearing both the parties (B) without proper procedure
(C) after observing proper procedure (D) without hearing the opponent (other party)
23. The term Ratio Decidendi means (A) a judicial decision
(B) the rationale for the decision (C) any observation made by the court which goes beyond
the requirement of the case
(D) an observation made by a judge
24. The term intra vires means (A) within the powers of a body (B) outside the powers of a body
(C) within the scope of fundamental rights (D) regular powers exercised irregularly by a body
25. What does the maxim ‘Caveat emptor’ mean? (A) Let the purchaser beware
(B) Other things being equal, let the reader beware (C) Let the seller beware (D) Both (A) and (C)
DIRECTIONS for Q.26 to 30: Given below are some commonly used legal maxims. Select the correct answer from the four options given below.
26. Ex gratia (A) other things being equal
(B) in good faith (C) out of kindness, voluntary
(D) None of these
27. Mala fide (A) in bad faith (B) on an equal footing (C) sincere, in good faith
(D) None of these
28. Ex cathedra (A) agreement as to the same things (B) rightful
(C) with full official authority (D) None of these
29. Pro tempore (A) for the time being
(B) permanently (C) so far, to that extent (D) None of these
30. Suo Motu (A) on its own motion
(B) in self defence (C) nobody’s property
(D) of public right
31. What does this legal maxim ‘cogitationis poenam nemo patitur’ mean? (A) Arbitrators are judges
(B) No one is punished for merely thinking of a crime (C) Crimes are extinguished by death (D) An award is a judgement
32. Match the following: List I List II
A . Causa Causans 1. Against the peace B. Ad rem 2. The primary cause
C . Carte blanche 3. To the point D. Contra pacem 4. Full discretionary power Codes:
A B C D (A) 1 2 3 4 (B) 2 3 4 1
(C) 2 4 1 3 (D) 4 3 2 1
(19) of (20) IC : PTtklla01
33. What does Gratis dictum mean? (A) Out of court, friendly (B) Tactless mistake, obligatory (C) As mark of esteem
(D) Mere assertion, not obligatory
34. What does Res nullis mean? (A) things, matter, issue, affair (B) common to all
(C) things done (D) nobody’s property
35. When a worker’s overtime is calculated on a pro rata basis, it means that it is calculated
(A) in proportion (B) for himself (C) for so much
(D) out of favour
36. What does ab initio refer to? (A) Towards the end (B) From the beginning
(C) Initial burden (D) None of these
37. Salus Populi Lex means that (A) Public opinion is supreme, and no govt. can overrule that
(B) Individual is supreme, not the society (C) Welfare of the people is supreme economic rationale (D) Health of the people is the supreme law
38. What is the meaning of Rey Nunquam Moritur? (A) The finishing point of a monarchy
(B) King is beneath the Law (C) More hope of succeeding the next
(D) The King never dies
39. What does Habeas corpus mean? (A) you shall have the body (B) you shall have the mind (C) you shall have the soul
(D) you shall have the health
40. What does Mandamus refer to? (A) We command (B) She commands
(C) He commands (D) The Law commands
41. The principle that the owner of a parcel of a land also owns the air above and the ground below the parcel, is known as (A) Ad Coelum
(B) Quantum meruit (C) Ad Hoc landus (D) Ad idem
42. What does In loco parentis mean? (A) in the place of parents
(B) in the place of ward (C) in the place of law
(D) in the place of justice
43. What does Res gestae mean? (A) things pending (B) things done (C) things carried forward
(D) things never done
44. What does Post mortem mean? (A) after funeral (B) before funeral
(C) before death (D) after death
45. A formal statement of fact is a/an (A) alter ego
(B) affidavit (C) contra (D) addendum
46. A person can not be convicted of crime, unless it can be proven that, the crime was even committed. This is known as the principle of (A) Corpus Juris
(B) Corpus Delicti (C) Crimen Falsi
(D) Corpus Murderi
47. What does Stare decisis mean? (A) To stand by earlier decisions or precedent (B) To stare at decisions with all legal sense (C) To create faith in the decisions of the court
(D) None of these
48. What does the maxim Publici juris mean? (A) Of private right (B) Of public right
(C) Of his own right (D) Of public jurisdiction
(20) of (20) IC : PTtklla01
Please make sure that you mark the answers in this score sheet with an HB pencil . The marking of answers must be done in the stipulated time for the test. Do not take extra time beyond the given l imit.
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49. What does the maxim Quid pro quo mean? (A) So far, to that extent (B) The very words (C) The place in which
(D) Consideration, something for something else
50. Who is an ‘amicus curiae’ ?
(A) A friend of court (B) A supporter of court (C) A prosecutor working for a court
(D) A party to some very important case
