LIST OF LATIN TERMS

A

Actus ReusGuilty actThe offence of which the defendant is accused

Ad Colligenda BonaTo collect the goodsA temporary order for the Administration of an estate of a deceased person used when the estate is of a perishable nature

Ad HocFor this purposeAd Hoc decisions are made as and when a situation demands:- Ad Hoc committees are formed to address a particular issue Ad Hoc meetings would take place to discuss specific matters

Ad IdemOf same mindi.e. as one; agreed e.g. the parties are ad idem on this point

Ad InfinitumWithout limitDescribes an event apparently continuing without end

Ad LitemFor the suitDenotes a temporary appointment which continues during legal proceedings i.e. Guardian Ad Litem

Amicus CuriaeA friend of the courtA neutral party who does not represent any individual party in the case who will be asked by the Court to make representations from an independent viewpoint

AnteBeforeAn indication within text to refer to an earlier passage

B

Bona FideIn good faithA Bona Fide Agreement is one entered into genuinely without attempt to fraud

Bona VacantiaDenotes the absence of any known person entitled to the estate of a deceased person

C

CaveatBeware/take careAn entry in the court records that effectively prevents action by another party without first notifying the party entering the Caveat

Compos MentisOf sound mindLegally fit to conduct/defend proceedings

Cor (Coram)In the presence of

D

De Bonis Non AdministratisOf goods not administeredA person appointed to administer an estate following the death of the original administrator

De Facto -In factAs a matter of fact

De JureBy right

Doli IncapaxIncapable of crime

Duces TecumBring with youOrder to produce document to court

E

ErratumAn error

Exempli Gratia (eg)For example -Used when qualifying a statement by explaining through a relevant example

Ex GratiaAs a matter of favourAn Ex Gratia payment would be awarded without the acceptance of any liability or blame

Ex OfficioBy virtue of his officeA magistrate sitting with a judge at the Crown Court would appear ex officio in a case where no judicial function is to be exercised by the magistrate eg case committed to Crown Court for sentence only

Ex ParteBy a partyAn ex parte application is made to the Court during proceedings by one party in the absence of another or without notifying the other party

Ex Post FactoBy a subsequent actSomething that occurs after the event but having a retrospective effect

F

Forum ConveniensAt a convenient placeA Court having jurisdiction in a particular case

Functus OfficioHaving discharged dutyA judicial or official person prevented from taking a matter further because of limitation by certain regulations

H

Habeas CorpusProduce the bodyA writ which directs a person to produce someone held in custody before the court

I

IbidIn the same placeUsed in text to refer to a page previously mentioned

Id Est (ie) -That is to sayUsed as a description to explain a statement

Ignorantia Juris non excusat -Ignorance of the law is no excuseIf committing an offence a guilty party cannot use as a defence the fact that they did so without knowledge that they were breaking the law

In CameraIn the chamberThe hearing of a case in private without the facts being reported to the public

In CuriaIn open courtThe hearing of a case before a court sitting in public

In PersonamAgainst the personProceedings issued against or with reference to a specific person an admiralty action in personam would be issued against the owner of a ship

In ReIn the matter ofA heading in legal documents which introduces the title of the proceedings

In RemAgainst the matterProceedings issued or directed against property as opposed to a specific person an admiralty action in rem would be issued against the ship itself

Inter AliaAmong other thingsIndicates that the details given are only an extract from the whole

In SituIn its original situation

IntraWithin

Intra Vires (See also Ultra Vires)Within the power ofAn act that falls within the Jurisdiction of the Court

Ipso FactoBy the factThe reliance upon facts that together prove a point

L

Locus in quoThe place in whichduring proceedings may be used as reference to subject matter ie scene of accident

M

Mens ReaGuilty mindThe intention to commit an offence whilst knowing it to be wrong

Mutatis Mutandis -The Necessary changes being madeDenotes that instructions should not be followed verbatim but by amending where necessary

N

Non Compos MentisNot sound in mindA person classed as unfit to conduct/defend legal proceedings

Nota Bene (nb)Note wellAn abbreviation denoting that the reader of an article should make a particular note of the article mentioned.

Nulla BonaNo effectsA return entered by a Sheriff to a High Court writ of execution which indicates the defendant had no goods of any value to remove

O

Obiter DictumA saying by the wayWords said in passing by a Judge on a legal point but not constituting part of the evidence or judgment

P

PerAs stated by

Per CapitaBy headse.g. the cost is 50 per capita 50 each person

Per Pro (pp)Through anotherA person delegated to act for another

Per SeBy itselfDenoting that the topic should be taken alone

PostAfterAn indication to refer to something to be found further on

Prima FacieFirst sightPrima Facie evidence would be considered sufficient to prove a case unless disproved if no Prima Facie evidence can be offered there is no case to answer

Pro FormaA matter of formPro Forma procedure is performed subject to and following an agreed manner

Pro RataIn proportionDividends distributed on a Pro Rata basis would be according to the amount of investment

Pro Tempore (Pro Tem)For the time beingTemporarily

Q

QuasiAs ifAny person exercising powers similar to those of a judge would be sitting in a Quasi-Judicial capacity

R

Ratio DecidendiThe principles of law applied by a Court upon which a judicial decision is based

Res JudicataA thing ajudgedOnce a case has been finally decided upon by a Court the same parties cannot attempt to raise the issue by or during further proceedings

Res Ipsa LoquiturThe thing speaks for itselfAn event that has occurred which, if the subject of litigation, would not require an onus of proof by the plaintiff because of the obvious negligence of the defendant

S

SembleIt appears

Sine DieWithout a dayA hearing adjourned sine die stands open indefinitely without a further hearing having been allocated

Sub JudiceIn the course of trialWhilst a court case is under consideration. Proceedings are sub-judice and details cannot be disclosed

Subpoena ad TestificumTo produce evidenceA writ directed to a person commanding him/her, under a penalty, to appear before a Court and give evidence

U

Ultra Vires (See also Intra Vires)Beyond the powerAn act that falls outside or beyond the jurisdiction of the court

V

Videlicet (Viz)NamelyUsed in text to indicate examples