LL.B-VIth Semester

Legal Language and Legal writing

Topic: LEGAL MAXIMS

Kaushal Pratap Singh

Department of Law

Meerut College,

Meerut

08 April, 2020

A communi observantia non est recedendum. There should be no departure from common observance or usage.

A contrarlo sensu On the contrary.

A debt is a present obligation to pay an ascertainable sum of money, whether the amount is payable in presenti or in future debitum in presenti, solvendum in future. Kesoram Industries v CWT MANU/SC/0142/1965 ; 1966 SC 1370-9 per K Subba Rao J on 24.11.65.

A digniori fled debet denominatio et resolutio The title and exposition of a thing ought to be derived from, or given, or made with reference to, the more worthy degree, quality, or species of it.

A fortiori With even stronger reason, which applies to a situation in which if one thing is true then it can be inferred that a second thing is even more certainly true. A gratis: From grace or favor; as a matter of indulgence, not of right. A latere: From the side. In connection with the succession to property, the term means "collateral".

A l'impossible nul n'est tenu No one is bound to do what is impossible.

A lato From the date.

A mensa et thoro From bed and board.

A multo fortiori By far the stronger reason, right or equity.

A nativitate From birth, or from infancy. Denotes a congenital disability.

A non posse ad non esse sequitur argumentum necessarie negative, licet non affirmative From the impossibility of doing a thing necessarily follows the conclusion that it has not in fact been done; but the converse does not hold.

A piratis et latronibus capta dominium non mutant Things taken or captured by pirates & robbers do not change their ownership.

A posteriori From particular instances to a general principle or law; based upon actual observation or upon experimental data

A prendre By right to take something out of the soil of another.

A priori By reasoning from the cause to the effect. An argument founded on analogy, or abstract considerations. Refers to a specified category of reasoning that examines given general principles to discover what particular facts or real-life observations can be derived from them. Another name for this method is deductive reasoning.

A quo A term used, with the correlative ad quern, (to which,) in expressing the computation of time A rendre: That which is to be rendered or yielded.

A retro Behind; in arrear.

A spollatus debet ante omnia restltui A party despoiled [forcibly deprived of possession] ought first of all to be restored.

A summo remedio ad inferiorem actionem non habetur regressus, neque auxilium From the highest remedy, there can be no recourse (going back) to an inferior action.

A tempore cujus contradi memoria non existet From a time of which there is no memory to the contrary.

A tort et a travers W/o consideration.

A tort on, a droit Right or wrong.

A verbis legis non est recedendum From the words of the law there must be no departure.

A vinculo matrimonii From the bond of matrimony

Ab From, eg, ab initio; against, eg, abnormal; in charge of.

Ab abusu ad usum non valet consequentia Use of a thing cannot be concluded from its abuse.

Ab ante In advance.

Ab antlquo From ancient times.

Ab assuetis non fit injuria From things to which one is accustomed, no legal injury or wrong arises.

Ab extra From outside.

Ab inconvenienti An argument based upon the hardship of the case & the inconvenience to which a different course of reasoning wd lead.

Ab initio From the beginning.

Ab initio mundi From the beginning of the world.

Ab intestato From an intestate. [Intestate Succession means succession to the property of a person who has not disposed it of by his will].

Ab intra From within.

Ab invito Against ones will.

Abbreviationum ille numerus et sensus accipiendus est, ut concessio non sit inanis In abbreviations the number & sense is to be taken by which the grant is not rendered void.

Abduco Take away.

Absence cum dolo et culpa Wilful non-appearance to a writ, subpoena, citation etc. to delay or defeat creditors or to avoid arrest on civil or criminal process.

Absentia ejus qui reipublicae causa abest, neque ei, neque alii damnosa esse debet The absence of him who is employed in the service of the state, ought not to be burdensome to him nor to others.

Absoluta sententia expositore non indiget Plain words require no explanation.

Absque injuria without any infringement of a right..

Abundans cautela non nocet Abundant caution does no harm.

Accessio cedit principali An accessory thing, when annexed to the principal thing, thereby & thereupon becomes a part of the property of the owner of the principal thing.

Accessorium non ducit sed sequitur suum principale. The accessory does not lead, but follow its principal.

Accessorium non ducit, sed sequitur suum principale The accessory right does not lead but follows its principal.

Accessorium non trahit principale The accessory does not draw the principal, eg, the release of a surety is not the release of his principal, although the release of the principal is release of the surety also.

Accessorium sequitur naturam rei cui accedit The accessory follows the nature of the thing to which it relates.

Accessorium sequitur principale The accessory follows its principal; where there is no principal, there can be no accessory.

Accessorius sequit naturam sui principalis. An accessary follows the nature of his principal

Accessorius sequitur One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender.

Accessorius sequitur naturam sui principalis An accessory follows the nature of his principal; an accessory cannot be guilty of a higher crime than his principal.

Accipere quid ut justitiam facias, not est tam accipere quam extorquere To accept anything as a reward for doing justice is extortion, & not acceptance.

Accusare nemo debet se, nisi coram Deo. No one ought to accuse himself, unless before.

Accusare nemo se debet No one is bound to accuse oneself.

Accusator post rationabile tempus non est audiendus, nisi se bene de omissione excusaverit An accuser ought not to be heard after the expiration of a reasonable time, unless he can account satisfactorily for his delay.

Act malum in se An unlawful act itself renders the accd liable for all the natural consequences arising from his act, eg, A shooting at poultry of B intending to steal it but accidentally kills a man; he will be liable for murder.

Acta exteriora indicant interiora secreta Acts indicate the intention; acts disclose the mind.

Acta exteriora iudicant interiora secreta Outward acts indicate the inward intent.

Acta in uno judicio non probant in alio nisi inter easiem personas Things done in one action cannot be taken as evidence in another unless they be between the same parties.

Actio exteriora indicant interiora secreta. External actions show internal secrets.

Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur An action is nothing else than the right of pursuing in a court of justice, that which is due to one.

Actio non accrevit infra sex annos The action has not accrued within six years.

Actio non datur non damnificato An action is not given to one who is not injured.

Actio non datur non damnificato. An action is not given to him who has received no damages.

Actio personalis moritur cum persona A personal claim dies with the person

Actio personalis moritur cum persona. A personal action dies with the person. This must be understood of an action for a tort only.

Actio poenalis in haeredem non datur nisi forte ex damno locupietior haeres factussit A penal action is not given against an heir unless, indeed, such heir is benefited by the wrong.

Actio quaelibet it sua via Every action follows its prescribed course.

Actiones legis Law suits.

Actionum genera maxime suntservanda The varieties of action are especially to be preserved. Every action must be in its proper form.

Actor qui contra regulam quid abduxit, non est audiendus Who advances anything against an authority or a proposition against the rules of law is not to be heard.

Actor qui contra regulam quid adduxit, non est audiendus He ought not to be heard who advances a proposition contrary to the rules of law.

Actor sequitur forum rei. The plaintiff must follow the forum of the thing in dispute.

Actor sequitur forum rel The plaintiff follows the forum of the thing. The plaintiff follows the Court of the defendant.

Actore non probante reus absolvitur. When the plaintiff does not prove his case, the defendant is absolved.

Actori incumbit onus probandi The burden of proof lies on the plaintiff.

Actorl non probante absolvitur reus When plaintiff does not prove his case, the defendant is acquitted.

Actus curiaz neminem gravabit An act of the court shall prejudice none.

Actus Dei nemini facit injuriam Act of God injures none.

Actus Dei nemini facit injuriam. The act of God does no injury; that is, no one is responsible for inevitable accidents

Actus Dei nemini nocet Act of God does not render an act a nullity.

Actus incaeptus cujus perfectio pendet, ex voluntate partium, revocari potest; si autem pendet ex vo An act already begun, the completion of which depends upon the will of the parties, may be recalled; but if it depend on the consent of a third person, or of a contingency, it cannot be recalled

Actus incseptus cujus perfectio pendet ex voluntate partium revocari potest si autem pendet ex voluntate tertire persona vel ex contingenti revocari non potest: An act already begun, the completion of which depends upon the will of the parties, may be revoked, but if it depends on the will of a third person, or on a contingency, it cannot be revoked.

Actus judiciarius coram non judice irritus habetur de ministeriall ateem a quocunque provenit ratum esto: A judicial act done without authority is void, not so a ministerial act.

Actus legis nemini est damnosus /Actus legis nemini facit injuriam The act of the law shall prejudice none:

Actus legis nemini facit injuriam, The act of the law does no one an injury.

Actus legitimi non recipiunt modum Acts required by law to be done, admit of no qualification.

Actus me invito factus, non est meus actus. An act done by me against my will, is not my act.

Actus ne invito factus non est meus actus An act done by one against ones will is not ones act.

Actus nemini facit injuriam The act of the law does no one wrong.

Actus non facit reum nisi mens sit rea The act does not make one guilty unless there be a criminal intent.

Actus non facit reum, nisi mens sit rea Act itself does not constitute crime unless done with the guilty mind.

Actus non reum facit, nisi mens sit rea. An act does not make a person guilty, unless the intention be also guilty. This maxim applies only to criminal cases; in civil matters it is otherwise

Actus repugnum non potest in esse produce A repugnant act cannot be brought into being: it cannot be made effectual.

Actus reus A guilty deed or act.

Actus servi in Hs quibus opera ejus communitur adhihita actus domini habetur The acts of a servant in those things in which he is usually employed is considered the acts of his master.

Ad At, by, concerning, for, near, of, on account of, to, until, upon.

Ad abundantio rem cautelam For greater or more abundant caution.

Ad alium diem At another day.

Ad audiendum To hear.

Ad certum diem At a certain day.

Ad communem legem At the common law.

Ad curiam At a court.

Ad damnum To the damage.

Ad defendendum To defend.

Ad diem At the day.

Ad ea quae frequentius acciduunt jura adaptantur The laws are adapted to those cases which occur more frequently.

Ad exitum At the end of the pleadings; at issue.

Ad fidem In allegiance.

Ad filum aqua To the middle of a stream.

ad finem at the end

Ad hoc For this purpose

Ad infinitum Forever, without limit, to infinity.

Ad instantiam At the instance.

Ad interim In the interval/meantime.

Ad libitum At pleasure.

ad litem appointed for a lawsuit

Ad Longum At length.

Ad miserl cardium Out of desperation.

Ad Mum via To the middle of the way.

Ad nauseam Disgusting.

Ad perpetuam rei memoriam For a perpetual memorial of the matter.

ad personam personal

Ad proximum antecedens fiat relatio, nisi impediatur sententia. The antecedent bears relation to what follows next, unless it destroys the meaning of the sentence.

Ad proximum antecedens fiat relatlo/nisi impediatur sententia Relative words refer to the next antecedent unless by such a construction the meaning of the sentence would be impaired.

Ad punctuam temposis At the point of time.

Ad quEestionem facti non respondent indices; ad quEestiones legis non respondent juratores As regards cases tried by a Judge & jury, the Judge does not decide questions of fact & the jury do not decide questions of law. In other words, it is the office of the judge to instruct the jury in points of law, of the jury to decide on matters of fact.

Ad quEestionem legis respondent judices To questions of law, the judges answer.

Ad quem To which.

Ad referendum For reference & consideration.

ad rem to the point; to the purpose

Ad seriatum In aerial order:

Ad tristam partem strenua est suspicio Suspicions strongly rests on the unfortunate side.

Ad tune et ibidem At the time & in the same place.

Ad valorem In proportion to the value;

Ad verbum Word for word.

Ad vim majorem vel ad casus fortuitos non tenetur gills, nisi sua culpa ihtervenerit

No one is held to answer for the effects of a superior force, or of accidents unless his own fault has contributed to them.

Ad vitam aut culpam For life or till misconduct, usually applied to the tenure of office.

Additio probat minoritatem An addition proves deficiency.

Administratio ad litem An administrator of a deceased persons estate appointed for the purpose of litigation only.

Administratio cum testamento annexo That which is granted where no executor is named in the will, or where the one named dies, or is incompetent or unwilling to act; administration with the will annexed.

Administratio de bonis non cum testamento annexo That which is granted when an. administrator dies leaving a part of the estate unadministered.

Administratio durante absentia An administrator appointed to act during the absence of appointed administrator; that which subsists during the absence of the executor.

Administratio durante minore estate An administrator appointed to act during the minority of the executor or of the person legally entitled to a grant of letters of administration.

Administratio pendente lite An administrator appointed to administer an estate pending any suit respecting the validity of a will or any other matter in dispute.

Administratio tedificare in tuo proprio sdlo non licet quod alteri noceat It is not permitted to build upon ones own land what may be injurious to another. Hence, an action lies if by an erection on his own land, a man causes a nuisance by obstructing anothers ancient lights.

Administratio, ancillary That which is subordinate to the principal administrator, for collecting the assets of foreigners, taken out in the country where the assets are locally situate.

Adversus periculum naturalis ratio permittit se defendere Natural reason allows one to defend oneself against danger.

Aedificare in tuo proprio solo non licet quod alteri noceat It is not lawful to build on one's own land what may be injurious to another.

aemulatio vicini spite against one's neighbour which, if a motive, may render unlawful an act other

Aequilas sequitier legem. Equity follows the law.

Aequitas agit in personam. Equity acts upon the person.

Aequitas legem sequitur Equity follows the law.

Aequitas nunquam contravenit legem Equity never contradicts the law

Aequum et bonum est lex legum What is equitable & good is the law of laws.

Aequum et bonum, est lex legum What is good and equal, is the law of laws.

Aestimatio praeteriti delicti ex postremo facto nunquam crescit The weight of a past offend, is never increased by subsequent fact.

Aestimatio praeteriti delicti ex postremo facto nunquam crescit. The estimation of a crime committed never increased from a subsequent fact.

Affectio tua nomen imponit operi tuo The affection of a person gives a name to his work.

Affects punitur licet non sequitur effectus The intention is punished although the consequence does. not follow.

Affinis mei, affinis non est mihi affinis A person related by affinity to one who is not related to me by affinity is not related to me by affinity.

Affirmanti non neganti incumbit probatio The burden of proof lies upon him who affirms, not upon him who denies.

Affirmati, non neganti incumbit probatio. The proof lies upon him who affirms, not on him who denies.

Agentes et consentientes pan poena plectentur Acting & consenting parties are liable to the same punishment.

Aggregatio mentium Literally, the meeting of the minds; the moment when a contract is complete.

Agreementum A word compounded of two words, viz, aggregatio & mentium. And so by the contraction of the two words, viz, agreementum, which is no other than a union, collection, copulation, & conjunction of two or more minds in anything done or to he done.

Ah acts An officer in charge of public records & registers.

Alia intuitu With the motive other than the ostensible & proper one.

Alibi At another place, elsewhere.

Alienatio licet prohibeatur consensu tamen omnium in quorum favorem prohibits est potest fieri Although alienation be prohibited, yet it may take place with the consent of all the persons in whose interests it is prohibited.

Alienatio licet prohibeatur, consensu tamen omnium in quorum favorem prohibits est, potest fieti, et quilibet potest renunciare juri pro se introducto Although alienation be prohibited, yet, by the consent of all in whose favour it is prohibited, it may take place; for it is in the power of any man to renounce a law made in his own favour.

Alienatio rei praefertur juri accrescendi Alienation is preferred by law rather than accumulation.

Alienatio rei prmfertur juri accrescendi Alienation rather than accumulation is favoured by the law.

Aliquid conceditur ne injuria remanerit impunita quod alias non concederetur Something is conceded, which would not otherwise be conceded, lest an injury should be left unpunished.

Aliquis non debet esse judex in propria causa quia non potest esse judex et pars No man ought to be a judge in his own cause, because he cannot act as judge & at the same time be a party.

Aliud est celare aliud tacere Silence is not equivalent to concealment.

Aliud est celare, aliud tacere. To conceal is one thing, to be silent another.

Aliud est distinctio aliud separatio Distinction is one thing, separation is another.

Aliud est possidere aliud esse in possessione It is one thing to possess, another to be in possession.

Aliud est vendere, aliud vendenti consentire To sell is one thing; to consent to sell is another. Allegans contraria non est audiendus; He who alleges contradictory things is not to be heard.

Aliunde From elsewhere, or, from a different source

Allegans contraria non est audiendus One making contradictory statements is not to be heard.

Allegans suam turpitudinem non est audiendus One alleging his own infamy is not to be heard.

Allegari non debuit quod probatum non relevat That ought not to be alleged which, if proved, is not relevant.

Allegata et probata Allegations & proof.

Allegata probanda Material allegations of fact or law.

Allegatio contra factum non est admittenda An allegation contrary to a deed is not to be heard.

Alterius circumventio alii non pnebet actionem No action can be based upon fraud.

Alternatica petitio non est audienda. An alternate petition is not to be heard.

Alternativa petitio non est audienda An alternative petition is not to be heard.

altius non tollendi a servitude preventing the servient owner from building beyond a certain heigh

Ambigua responsio contra proferentem est accipienda An ambiguous answer is to be interpreted against the party who delivers it.

Ambiguis casibus semper prwsumitur pro rege In doubtful cases the presumption is always in favour of the Crown.

Ambiguitas contra stipulatorem est An ambiguity is most strongly construed against the party using it.

Ambiguitas verborum latens verificatione suppletur; nam quod exfacto oritur ambiguum verificatione f A hidden ambiguity of the words is supplied by the verification, for whatever ambiguity arises concerning the deed itself is removed by the verification of the deed.

Ambiguitas verborum patens nulla verificatione excluditur A patent ambiguity is never helped by averment.

Ambiguitas verborum patens nulla verificatione exduditur A patent ambiguity cannot be cleared by extrinsic evidence.

Ambiguum placitum interpretari debet contra proferentem An ambiguous pleading ought to be construed against the party offering or delivering it.

Ambulatoria est voluntas defuncti usque ad vita supremum exitum The will of a deceased person is changeable until the last moment of life.

Amicus curiae A friend of the Court.

Amicus Curim Friend of Court, ie, a third party to assist Court.

Amour propore self respect.

Angliae jura in omni casu libertati dant favorem The laws of England are favorable in every case to liberty.

Animo furandi With an intention of stealing.

Animo manendi Intention of permanence.

Animo testandi With an intention of making a will.

Animus ad se omne jus ducit. It is to the intention that all law applies.

Animus apiendi Intention of taking.

Animus cancellandi Intention of cancelling.

Animus dedicandi Intention of dedicating.

Animus defamandi Intention of defaming.

Animus dere liquendi Intention of abandoning.

Animus deserendi Intention of deserting, ie, bringing cohabitation permanently to an. end.

Animus donandi Intention of donating.

Animus et factum Combination of intention with the act.

Animus fruandi Intention to defraud; Intention of wrongful appropriation.

Animus hominis est anima scripti The intent of a man is the soul of his writing. In order to give life or effect to an instrument, it is necessary to look to the intention of the individual who executed the same.

Animus imponentis Intention of the law maker expressed in the law itself:

Animus manendi or morandi Intention of living.

Animus moninis est anima scripti The intention of the party is the soul of the instrument.

Animus possidendi Intention of possessing.

Animus quo Intention with which.

Animus recipiendi Intention of receiving.

Animus recuperandi Intention of recovering.

Animus republicandi Intention of republishing.

Animus restituendi Intention of restoring.

Animus revertendi Intention of returning. Intention to reside in the premises in question.

Animus revocandi Intention of revoking.

Animus testandi Intention of making a will.

Anna in armatos sumere jura sinunt The law permits us to take up arms against the armed.

Annus luctus The year of mourning.

Ante Before.

Anticipitis usus Of doubtful use.

Apices juris non sunt jura Mere niceties of law are not law.

Apices juris non sunt jura. Points of law are not laws.

apud acta at the time of the proceedings

Aqua cedit solo. The water yields or accompanies the soil. The grant of the soil or land carries the water.

Aqua curit et debet currere. Water runs and ought to run.

Aqua currit et debet currere, ut currere solebat Water runs and ought to run.

Arbitrium boni The view which would be taken by the good & worthy people: Sonakka Goaplagowda v UR Anantha Murthy IJR 1988 Kar 21.409-24.

Arbitrium est judicium boni viii, secundum aequum et bonum An award is the judgment of a good man, according to justice.

Arbitrium est judicium. An award is a judgment.

Arbor dum crescit; lignum cum crescere nescit A tree while it grows, wood when it cannot grow.

Arguendo In the course of argument.

Argumenta ignota et obscura ad lucem rationis proferunt et reddunt splendida Arguments bring things hidden & obscure to the light of reason & render them clear.

Argumentum a communiter accidentibus in jure frequens est An argument drawn from common understanding of a thing is common in law.

Argumentum a divisione est fortissimum in jure An argument from division is of the greatest force in law.

Argumentum a majori ad minus negative non valet- valet e converso An argument from the greater to the less is of no force negatively; affirmatively it is.

Argumentum a simili valet in lege An argument from a like or analogous case is good in law

Argumentum ab auctoritate est fortissimum in lege An argument from authority is the strongest in law.

Argumentum ab auctoritate fortissimum est in lege An argument drawn from authority is the strongest in law.

Argumentum ab authoritate est fortissimum in lege An argument drawn from authority is the strongest in law.

Argumentum ab impossibili plurimum valet in lege An argument from an impossibility is of weight in law.

Argumentum ab impossibilii plurimum valet in lege An argument from impossibility is very strong in law.

Argumentum ab inconvenient Argument from being caught in inconvenience (arising from cross question of court) is no answer:

Argumentum ab inconvenienti est validum in lege; quia lex non permittit aliquod inconveniens. An argument drawn from what is inconvenient is good in law, because the law will not permit any inconvenience.

Argumentum ab inconvenienti est validum in lege; quits lex non permittit aliquod inconveniens An argument drawn from what is inconvenience is good in law, because the law will not permit any inconvenience.

Argumentum ab inconvenienti plurimum valet in lege An argument drawn from inconvenience is forceful in law.

Argumentum ad hominem An argument directed a the person.

Argumentum ad ignoratiam An argument based upon ignorance (i.e. of one's adversary).

Argumentum divisione est fortissimum in jure. An argument arising from a division is most powerful in law.

Argumentum majori ad minus negative non valet; valet converso. An argument from the greater to the less is of no force negatively; conversely it is.

Argumentum simili valet in lege. An argument drawn from a similar case, or analogy, avails in law.

Arma in armatos sumere jura sinunt The laws permit the taking up of arms against the armed.

Assensio mentium Meeting of minds. Mutual assent/consent.

Assentio mentium The meeting of minds, i.e. mutual assent.

Assignatus utitur jure auctoris An assignee is clothed with rights of his assignor.

Aucupia verborum sunt judice indigna Quibbles are beneath the dignity of a judge. Catching at words is unworthy of a judge.

Audi alteram partem Hear the other side.

Audietur et altera pars Hear the other side: UOI v Tulsiram 1985 SC 1416-56.

Augupia verforum sunt judice indigna. A twisting of language is unworthy of a judge.

Augusta legibus soluta non est The wife of the Emperor is subject to the Laws. Even the queen is not exempted from subjection to the laws of the country.

Aula regis The King's Court.

Auter(re) droit Anothers right.

Autrefois convict Previous conviction by a competent court of law is a bar to further prosecution for the same offence.

avizandum the period during which the court considers its judgement

Benedicta est expositio quando res redimitur a destructione Blessed is the exposition when anything is saved from destruction. It is a laudable interpretation which gives effect to the instrument, and does not allow its purpose to be frustrated.

beneficium a privilege, benefit, or right

Beneficium invito non datur A benefit cannot be conferred upon a person not willing to accept it.

Benignae faciendx sunt interpretationes chartarum, ut res magis valet quam pereat Liberal interpretations are to be made of deeds, so that the purpose may

rather stand than fall; and every grant is to be taken most strongly against the grantor. A construction which reduces the statute to a futility has to be avoided. A statute or any enacting provision therein must be so construed as to make it effective and operative on the principle expressed in maxim ut res magis valet quam pereat i.e. a liberal construction should be put upon written instruments, so as to uphold them, if possible, and carry into effect the intention of the parties. [Commissioner of Income Tax Vs. Hindustan Bulk Carriers MANU/SC/1215/2002]

Benignae faciendx sunt interpretationes propter simplicitatem laicorum ut res magis valeat quam pereat et verba intentioni, non e contra, debent inservire : Constructions of written instruments has to be made liberally, on account of the simplicity of the laity, in order that the thing [or subject-matter] may rather have effect than perish or become void.

Benignior sententia in verbis generalibus seu dubiis est preferenda The more favorable construction is to be placed on general or doubtful words.

Benignius leges interpretandae sunt quo voluntas earum conservatur Laws are to be more liberally interpreted in order that their intent may be preserved.

Benignor sentetia in verbis generalibus seu dubiis est proeferenda The most favourable construction is to be placed on general or doubtful expression.

Bis dat qui cito dat He gives (pays) twice who pays promptly.

Bona /Bono Good.

Bona fides exigit ut quod convenit fiat Good faith demands that what is agreed upon shall be done.

Bona fides non patitur ut bis idem exigatur Good faith does not allow us to demand twice the payment of the same. thing.

Bona fides non patitur, ut bis idem exigatur. Natural equity or good faith do no allow us to demand twice the payment of the same thing.

Bona gestura Good behaviour.

Bona vacantia Goods without an owner

Bonae fidie possessor in id tentum quod ad se pervenerit tenetur A possessor in good faith is liable only for that which he himself has obtained.

Boni judicis est ampliare jurisdictionem A better Judge will if necessary, extend the limits of his jurisdiction. It is a part of the duty of a good Judge to enlarge, ie, use liberally his remedial jurisdiction or authority. [Khushal Mani Vs. Collector and Ors. MANU/UC/0180/2004]

Boni judicis est ampliare jurisdictionem. It is the part of a good judge to enlarge his jurisdiction; that, his remedial authority.

Boni judicis est causas litium derimere. It is the duty of a good judge to remove the cause of litigation.

Boni judicis est causas litium dirimere It is the duty of a good Judge to remove the causes of litigation.

Boni judicis est judicium sine dilatione mandare executioni It is the duty of a good judge to cause execution to issue on a judgment without delay.

Boni judicis est lites dirimere, ne lis ex lite oritur, et interest reipublicw ut sint fines litium It is the duty of a good judge to put an end to litigation, that suit may not grow out of suit; & it concerns the welfare of the State that an end be put to litigation. Boni judicis est lites dirimere, ne lis ex lite oritur; et interest reipublicae ut sint fines litium -- It is the duty of a good judge to prevent litigations, that suit may not grow out of suit, and it concerns the welfare of a state that an end be put to litigation [P. Mannarsswamy Vs. Margadarsi Chits Limited MANU/TN/1118/2010;Khushal Mani Vs. Collector and Ors. MANU/UC/0180/2004]

Boni judicis lites dirimere est It is the duty of a good judge to prevent litigation.

Bonitas tota wstimabitur cum pars evincitur The value of the whole may be estimated when a part is proved.

Bonum defendentis ex integr caus, malum ex quolibet defectu. The good of a defendant arises from a perfect case, his harm from some defect.

Bonum defendentis ex integra causa; malum ex quolibet defectu The success of a Defendant depends on a perfect case; his loss arises from some defect.

Bonum necessarium extra terminos necessitatis non est bonum A good thing required by necessity is not good beyond the limits of such necessity.

Bonum necessarium extra terminos necessitatis non est bonum. Necessary good is not good beyond the bounds of necessity.

Bonum vacans Property without an owner of any sort.

Bonus judex secundum quum et bonum judicat, et xquitatem stricto juri pnefert A good judge decides according to justice and right and prefers equity to strict law. Bonus Judex secundum aequum et bonum Judicat aequitatem stricto Juri praefert - a good Judge decides according to Justice, and right and prefers equity to strict law. I commend the Judge observed Lord Hobart, that seems fine and ingenious, so it tend to right and equity; and I condemn them that either out of pleasure to show a subtle wit will destroy, or out of incuriousness or negligence will not labour to support, the act of the party by the art or act of the law. [Appavoo Nadar Vs. Chellian Nadar and Ors. MANU/TN/0314/1985]

Breve judiciale debet sequi suum originale, et accessorium suum principale A Judicial writ ought to follow its original, an accessary its principal. The profits may well be regarded as accretions, to the property which has yielded them and ought to belong to the owner of such property, in accordance with the maxim accessorium sequitur suum principals, the accessory right follows the principalö [Mahammad Kamil and Ors. Vs. Haji Hedayatulla MANU/WB/0244/1921]

Breve judiciale non cadit pro defecto formae A Judicial writ fails not through defect of form.

Breve judiciale non cadit pro defectu formae A judicial writing does not fail through defect of form.

C'est le crime qui fait la honte, et non pas l'echafaud. It is the crime which causes the hsame, and not the scaffold.

Cadit quaestio The matter admits of no further argument.

Carte blanche Full freedom, unlimited authority.

Cassetur billa (breve) Let the writ be quashed.

Casus belli An occurrence giving rise to or justifying war

Casus major A casualty ; an extraordinary casualty, as fire, ship.

Casus omissus An omitted case. When a statute or an instrument of writing undertakes to foresee and to provide for certain contingencies, and through mistake, or some other cause, a case remains to be provided for, it is said to be a casus omissus. For example, when a statute provides for the descent of intestates estates, and omits a case, the estate descends as it did before the statute, whenever that, case occurs, although it appear to be within the general scope and intent of the statute.

Casus omissus et oblivione datus dispositioni communis juris relinquitur. A case omitted and given to oblivion is left to the disposal of the common law.

Catalla just possessa amitti non possunt. Chattels justly possessed cannot be lost.

Catalla juste possessa amitti non possunt Chattels justly possessed cannot be lost.

Catalla reputantur inter minima in lege Chattels are considered in law among the minor things.

Causa causae est causa causait The cause of a cause is the cause of the thing caused. The cause of the cause is to be considered as the cause of the effect also.

Causa causans The immediate cause ; the last link in the chain of causation.ö

Causa causataor proxima The immediate cause of action

Causa celebra A single trial or decision is often called a "cause celebre," when it is remarkable on account of the parties involved or the unusual, interesting, or sensational character of the facts; celebrated legal cases.

Causa consanguinitatis By reason of consanguinity.

Causa et origio est materia negotii The cause & origin is the substance of the thing.

Causa impotentiµ By reason of impotence.

Causa justa A just cause.

Causa mortis Cause of death.

Causa proxima et non remota spectator The immediate, not the remote, cause, is looked at, or considered. It is a well established principle of [the common] law, that in all cases of loss we are to attribute it to the proximate cause, and not to any remote

Causa proxima, non remota spectatur The immediate, and not the remote cause is to be considered.

Causa rei The accessions, appurtenances, or fruits of a thing; comprehending all that the claimant of a principal thing can demand from a defendant in addition thereto, and especially what he would have had, if the thing had not been withheld from him.

Causa remota A remote or mediate cause; a cause operating indirectly by the intervention of other causes.

Causa sine qua non A necessary or inevitable cause; a cause without which the effect in question could not have happened

Causa turpis A base (immoral or illegal) cause or consideration.

Causa vagu et incerta non est causa rationabilis A vague & uncertain cause is not a reasonable cause.

cause Causa proxima et non remota spectator [Csx Transportation, Inc. Vs. Robert Mcbride MANU/USSC/3332/2011]

Causus fortuitus non est sperandus, et nemo tenetur divinare An inevitable accident, a chance occurrence, or fortuitous event. A fortuitous event is not to be foreseen, and no person is held bound to divine it: a loss happening in spite of all human effort and sagacity

Causus omissus pro omiso habendus est A person, object, or thing omitted from an enumeration in a statute must be held to have been omitted intentionally.

Cautio Security for performance; security in an action.

Cautio fide jussoria Security given by sureties, pledgers or bondsmen.

Cautio pigno ratitia Security given by way of pledge, as money or other goods.

Cautio pro expensis Security for costs.

Caveat emptor. Let the purchaser beware.

Caveat venditor Let the seller beware.

Cavendum est fragmentis. Beware of fragments

Cepi corpus et est languidum I have taken the body and the prisoner is sick.

Cepi corpus et paratum habeo I have taken the body and have it ready.

Certa debet esse intentio, et narratio, et certum fundamentum, et certa res quµ deducitur in judicium The design and narration ought to be certain, and the foundation certain, which is brought into court to be tried.

Certum est quod certum reddi potest That is certain which can be rendered certain.

Cessante causa cessat effectus The cause ceasing, the effect ceasing.

Cessante causa, cessat effectus. The cause ceasing, the effect must cease.

Cessante ratione legis, cessat ipsa lex Reason of the law ceasing, the law itself ceases also. on is the soul of the law: when the reason of any particular law ceases, so does the law itself. It does not apply to statute law, since the statute continues to exist until it is repealed by another statute. On the other hand, when the principle behind a decision disappears, the decision ceases to be authority, & no judge is bound to follow it.

Cessante statu primitivo, cessat derivativus When the primitive or original estate determines, the derivative estate determines also

Cessat effectus cessat causa The cause ceasing, the effect ceasing.

Cestui que Beneficiary.

Cestui que trust Beneficiary who possesses the equitable right to property & receives the rents & profits thereof, the legal estate of which is vested in trustees.

Cestui que use A person for whose life any lands, tenements, or hereditaments are held by another

Cestui que vie The person for whose life any lands, tenements, or hereditaments are held by another.

Ceteris paribus Other things being equal.

Charta de non ente non valet A deed relating to a thing not in existence is of no avail.

Charta de non ente non valet. A charter or deed of a thing not in being, is not valid.

Child en ventre sa mere A child in the womb of the mother. From the time of conception, the infant is in esse for the purpose of taking any estate which is for his interest whether by descent or devise.

Chirographum apud debitorem repertum prµsumitur solutum An evidence of debt found in the debtorÆs possession is presumed to be paid

Chirographum apud debitorem repertum praesumitur solutum. A deed or bond found with the debtor is presumed to be paid.

circa approximately

Circuitus est evitandus Circuity is to be avoided.

Circuitus est evitandus, et boni judicis est lites dirimere ne lis ex lite oriatur Circuity is to be avoided, æCircuityÆ means being or taking a roundabout, lengthy course. O & it is the duty of a good judge to determine litigation lest one lawsuit arise out of another.

Circuitus est evitandus. Circuity is to be avoided.

Clausula generalis de residuo non ea complectitur, quae non ejusdem sint generis cum iis quµ speciatim dicta fuerint A general clause of remainder does not embrace those things which are not of the same kind with those which had been specially mentioned.

Clausula generalis non refertur ad expressa A general clause does not refer to things expressed.

Clausula inconsuetae semper indicunt suspicionem. Unusual clauses always induce a suspicion.

Clausula quae abrogationem excludit ab initio non valet. A clause in a law which precludes its abrogation, is invalid from the beginning.

Clausula rebus sic stantibus The doctrine that a treaty is intended by the parties to be binding only as long as there is no vital change in the circumstances assumed by the parties at the time of conclusion of the treaty.

Clausula vel dispositio inutilis per praesumptionem remotam vel causam, ex post facto non fulcitur A useless clause or disposition is not supported by a remote presumption, or by a cause arising afterwards.

Cogitationis poenam nemo patitur meretur One cannot be punished for ones intention unless evinced by an overt act.

Cogitationis poenam nemo patitur. No one is punished for merely thinking of a crime.

Cohaeredes sunt quasi unum corpus, or (una persona consentur,) propter unitatem juris quod habent Co-heirs are deemed as one body, or one person, on account of the unity of right which they possess

Coitus Interruptus Act of sexual intercourse when the penis is taken out before emission (discharge of semen) in uterus, may be to avoid pregnancy, or when some one knocks at the door.

Collegium seu corpus corporatum nisi regnis constitutionibus non potest existere A college or incorporated body can only exist by consent of the sovereign.

Commercium jure gentium commune esse debet, et non in monopolium et privatume paucorum quaestum convertendum Commerce by the law of nations ought to be common, and not converted to monopoly and the private gain of a few.

Commodum ex injuri su non habere debet. No man ought to derive any benefit of his own wrong

Commodum ex injuria sua nemo habere debt Convenience cannot accrue to a party from his own wrong. No person ought to have advantage of his own wrong.

Communis error facit jus. A common error makes law. What was af first ellegal, being repeated many times, is presumed to have acquired the force of usage, and then it would be wrong to depart from it. The converse of this maxim is communis error no facit just. A common error does not make law.

Communiter unum officium est excusatio alterius The performance of one duty is commonly the excuse for the non-performance of another.

Compos Able to understand.

Compos menties Sound in mind. Having use and control of ones mental faculties.

Compromissari sunt judices Arbitrators are judges.

Conditio ad liberum tenementum auferendum non nisi, ex facto placitari debet An argument for taking away a free tenure not to be pleaded except from the deed.

Conditio beneficialis, quµ statu, coµstruit, benigne secundum verborum intentionem, est interpretanda; odiosa, autem, quµ statum destrait, stricte secundum verborum proprietatem, accipienda A beneficial condition, which creates as estate, ought to be construed favourably according to the intention of the words; but a condition which destroys an estate is odious, and ought to be construed strictly according to the letter of the words.

Conditio dicitur cum quid in casum incertum qui potest tendere ad esse aut non esse confertur

It is called a condition when something is given on an uncertain event, which may or may not come to pass.

Conditio ex parte extincta ex toto extinguitur An agreement extinguished in part is wholly extinguished.

Conditio illicita hebetur pro non adjecta An unlawful condition is deemed as not annexed.

Conditio indebit An action for the recovery of a sum of money or other thing paid by mistake.

Conditio liberum tenementum cassans non per nuda verba sine charta valebit An agreement making void a free tenement will have no weight by bare words without writing.

Conditio neninem juvabit nisi qui pars fuerit ant privus An agreement shall avail no one, unless he shall have been a party, or privy to it

Conditio prµcedens adimpleri debet priusquam sequatur effectus A condition precedent must be fulfilled before the effect can follow. In case of a conditional contract the condition precedent must happen before either party becomes bound by the contract

Conditio rei furtivµ, quia rei habet persecutionem haeredem quoque furis obligat The appointment of an action on a certain day relating to the production of stolen goods, since it implies a condition that binds the heirs of the thief also.

Conditionem testim tunc inspicere debemus cum signarem, non mortis tempore The condition of witnesses, when they sign and not when they die, is to be considered

Conditiones prµcedentas ad norman legis severe exigendµ aliter de subsequentibus ubi µquitati licet damnum rei infectµ pensare Preceding agreements must be rigorously executed according to the rules of law; but it is otherwise concerning subsequent agreements where equity is allowed to make up for the loss incurred by the failure.

Conditiones quµlibet odiosµ; maxime autem contra matrimonium et commercium Any conditions are odious, but especially those which are in restraint of marriage and commerce

conductio indebiti an action for repayment of money paid in error

Confessio facta in judicio omni probatione major est. A confession made in court is of greater effect than any proof

Confirmare est id quod prius inflrmum firmare To confirm is to make strong that which was before not strong

Confirmare nemo potest priusquam jus ei accident No person can confirm a right before the right shall come to him.

Confirmare nemo potest priusquam just ei acciderit. No one can confirm beforethe right accrues to him.

Confirmat usum qui tollit abusum He confirms the use who removes its abuse.

Confirmatio est nulla ubi donum proecedens est invalidum Confirmation is void where the preceding gift is invalid; an illegal act cannot be rendered valid by a subsequent confirmation.

Confirmatio est nulla, ubi donum praecedens est invalidum. A confirmation is null where the preceding gift is invalid.

Confirmatio est possessions jure defective per eos quorum jus est rathabitio Confirmation of a possession defective in law is a ratification by means of those whose right it is.

Confirmatio omnes supplet (defectus, licet id quod actum est ab initio non valuit) Confirmation supplies all defects, though that which had been done was not valid at the beginning.

Conjunctio mariti et faeminae est de jure naturae. The union of a man and a woman is of the law of nature.

Conjunctio mariti et feminµ est de jure nature The union of husband & wife is of the law of nature.

Consanguineus est quasi eodem sanguine natus A person related by consanguinity is, as it were, sprung from the same blood.

Conscientia legalise lege fundatur Legal conscience is founded upon the law. At one stage our conscience made us hesitant in granting relief as the Petitioners conduct in not making contribution, in employees provident fund scheme and in not transferring them to the fund did not justify any relief to them. But we are reminded that in such matters it is the legal conscience which must take decision. We are reminded of certain Latin Maxims, CONCIENTIA LEGALISE, LEGE FUNDATUR, which connotes that the legal conscience must be founded upon the law. The next is CONCIENTIA LEGI NUNQUAM CONTRAVENIT which connotes that legal conscience never

contravenes the law, and the third maxim is CONSCIENTIA LEGIS EX LEGI PENDET, which connotes that the conscience of the judge in a law court depends upon the law. [India Supplies Engineering Works Limited and Anr. Vs. State of Uttar Pradesh Ors.]

Conscientia legi nunquam contravenit Conscience never contravenes the law.

Conscientia legis ex lege pendet The conscience of the law depends upon the law.

Consecratio est periodus electionis; electio est proeambula consecrationis Consecration is the termination of election; election is the preamble of consecration.

Consensu Unanimously or, by general consent.

consensus agreement

Consensus ad idem Agreement as to the same things.

Consensus est voluntas plurium ad quos res pertinet, simul juncta Consent is the joint will of many, to whom the thing at the same time belongs ; and in criminal cases the silence of a person present presumes consent : in civil cases, sometimes, that of the person absent, and even ignorant where his interest lies, does the same

Consensus facit jus Consent makes law. This maxim must be read in the limited sense, that the parties have made that to be law for themselves to which they have agreed to be bound. Consent makes law. This maxim cannot be read to mean that the parties can enter into any agreement which is contrary to law or illegal or against the public policy. Though in certain area like Arbitration, the parties agree to submit their differences to be settled by the Arbitrator or Mediator, subject to the agreed terms and conditions, they will be bound by such consent agreement. [Sealand Shipping and Export Pvt. Ltd., a Company incorporated under The Companies Act, 1956 Vs. Kinship Services (India) Pvt. Ltd. MANU/MH/0774/2011]

Consensus facit legem. Consent makes the law. A contract is a law between the parties, which can acquire force only by consent.

Consensus non concubitus facit nuptiam. Consent, not lying together, constitutes marriage.

Consensus tollit errorem Consent (acquiescence) removes mistake.

Consensus tollit errorem. Consent removes or obviates a mistake.

Consensus, non concubitus, facit matrimonium Consent & not coition constitutes marriage. Consensus non concubitus facit matrimonium, the maxim of the Roman civil law, is, in truth, the maxim of all law upon the subject; for the concubitus may take place, for the mere gratification of present appetite; without a view to anything further, but a ; marriage must be something more, it must be an agreement of the parties looking to the consortium vitae, an agreement indeed of parties capable of the concubitus, for though the concubitus itself will not constitute marriage, yet it is so far one of the essential duties, for which the parties stipulate, the incapacity of either party to satisfy that duty nullifies the contract. [Dr. Thomas Titus Vs. Mrs. Roja Titus and Anr. MANU/KE/0070/1992.]

Consentientes et agentes pari poen plectentur. Those consenting and those perpetrating are embraced in the same punishment.

Consentientes et agentes, pari poena plectentur They who consent to an act, and they who do it, shall be visited with equal punishment.

Consentire est facere To consent to a thing is to do a thing.

Consentire matrimonio non possunt infra annos nubiles Consent to a marriage is not possible in the parties before marriageable years.

Consequentiae non est consequentia. A consequence ought not to be drawn from another consequence

Consequential non est consequentia The consequence of a consequence does not exist.

Consilia multorum quµruntur in magnis The counsels of many are required in great things.

Consilii non fraudulentia nulla obligatio est; coeterum si dolus et calliditas intercessit, de dolo actio competit There is no obligation not to give fraudulent counsel; but if fraud & cunning intervene, an action is competent concerning the craft.

Consilii, non fraudulenti, nulla est obligatio. Advice, unless fraudulent, does not create an obligation.

Constructio contra rationem introducta, potius usurpatio quam consuetudo appellari debet. A custom introduced against reason ought rather to be called an usurpation than a custom.

Constructio legis non facit injuriam The construction of the law (a construction made by the law) works no injury. The law will make such a construction of an instrument as not to injure a party.

Construction legis non facit injuriam. The construction of law works not an injury.

Consuetudo debet esse certa. A custom ought to be certain.

Consuetudo debet esse certa; nam incerta pro nulla habetur A custom should be certain; for an uncertain custom is considered null.

Consuetudo est altera lex Custom is another law.

Consuetudo est altera lex. Custom is another law.

Consuetudo est optimus interpres legum. Custome is the best expounder of the law.

Consuetudo et communis assuetudo vincit legem non scriptam, si sit specialis; et interpretatur legem scriptam, si lex sit generalis Custom & common usage overcome the unwritten law, if it be special; & interpret the written law, if the law be general.

Consuetudo ex certa causa rationabili usitata privat communem legem Custom and common usage overcomes the unwritten law, if it be special; and interprets the written law, if the law be general.

Consuetudo licet sit magnoe auctoritatis, nunquam tamen proejudicat manifests veritati A custom, though it be of great authority, should never prejudice manifest truth.

Consuetudo loci est observanda The custom of a place is to be observed.

Consuetudo loci observanda est. The custom of the place is to be observed.

Consuetudo neque injuria oriri neque tolli potest Custom can neither arise from nor be taken away by injury.

Consuetudo non trahitur in consequentiam Custom is not drawn into consequence.

Consuetudo prµscriptiva et legitima vincit legem A prescriptive & lawful custom overcomes the law.

Consuetudo praescripta et legitima vincit legem. A prescriptive and legitimate custom overcomes the law.

Consuetudo regni Angliµ est lex Angliµ The custom of the kingdom of England is the law of England.

Consuetudo semel reprobata non potest amplius induci A custom once disallowed cannot be again brought forward or relied on.

Consuetudo semel reprobata non potest amplius induci. Custom once disallowed cannot again be produced.

Consuetudo tollit communem legem Custom takes away the common law.

Consuetudo volentes ducit, lex nolentes trahit Custom leads the willing, law compels the unwilling.

Consuetudo voluntis ducit, lex nolentes trahit. Custom leads the willing, law, law compels or draws the unwilling.

Consuetudo, contra rationem introducto potius userpatio quam consuetudo appellari debet A custom introduced against reason ought rather to be called a æusurpationÆ than a æcustomÆ.

Contemporanea consuetudo optimus interpres Contemporary custom is the best interpretator;

Contemporanea expositio Contemporaneous exposition, or construction. a construction drawn from the time when, and the circumstances under which, the subject-matter to be construed, as a statute or custom, originated.

Contemporanea expositio est optima et fortissima in lege A contemporaneous exposition is the best & most powerful exposition in law. A statute is best explained by following the construction put upon it by judges who lived at the time it was made, or soon after.

Contemporanea expositio est optima et fortissima in lege. A contemporaneous exposition is the best and most powerful in the law.

Contestio litis eget terminos contradictaris. An issue requires terms of contradiction; that is, there can be no issue without an affirmative on one side and a negative on the other.

Contr negantem principia non est disputandum. There is no disputing against or denying principles.

Contr non volentem agere nulla currit praescriptio. No prescription runs against a person unable to act.

Contr veritatem lex numquam aliquid permittit. The law never suffers anything contrary to truth.But sometimes it allows a conclusive presumption in opposition to truth.

Contra To the contrary

Contra Actionem non admittitur probatio; quid enim efficerit probatio veritatis, ubi Actio adversus veritatem fuigit? Nam Actio nihil aliud est, quam legis adversus vertitatem in re possibili ex justa causa dispositio Proof is not admitted, against fiction, for what could the evidence of truth effect, where fiction supposes against truth ? For fiction is no other than an arrangement of the law against truth, in a possible matter, arising from a just cause.

Contra bonos mores Against good morals.

Contra domini regis Against the peace of the ruler.

Contra formam statuti Indictment should be framed.

Contra jus Against the law.

Contra jus civilis regulas pacta conventa rata non habentur Agreements made contrary to the civil law are not to be construed as valid.

Contra legem Against the law of the land.

Contra legem facit, qui id facit, quod lex prohibet; in fraudem vero, qui, salvis verbis legis, sententiam ejus circumvenit He does contrary to the law who does what the law prohibits; he acts in fraud of the law who, the letter of the law being inviolate, uses the law contrary to its intention.

Contra negantem principia non est disputandum There is no disputing against one who denies first principles.

Contra non valentem agere nulla currit prµscriptio No prescription runs against a person unable to bring an action

Contra non valentem agere nulla currit praescriptio No prescription runs against a person not able to act.

Contra proferentem Against the guarantor.

Contra spoliatorem omnia prµsumuntur All things are to be presumed in disfavour of the spoliator.

Contra veritatem lex nunquam aliquid permittit The law never suffers anything contrary to truth.

Contractus ad mentem partium verbis notatum intelligendus A contract is to be understood according to the intention of parties.

Contractus est quasi actus contra actum A contract is an act as it were against an act.

Contractus ex turpi caus, vel contr bonos mores nullus est. A contract founded on a base and unlawful consideration, or against good morals, is null.

Contractus ex turpi causa vel contra bonos mores, est nullus A contract founded on a base consideration, or against good morals, is null.

Contractus infantis invalidus, si in damnum sui spectet The contract of a minor is invalid, if it tend to his loss.

Contractus legem ex contione accipient Contracts receive legal sanction from the agreement of the parties.

Contractus legem ex conventione accipiunt. The agreement of the parties makes the law of the contract.

Contrariorum contraria est ratio The reason of contrary things is contrary.

Contraxisse unusquisque in eo loco intelligitur, in quo ut solvent se obligavit Every one is understood to have contracted in that place where he has bound himself to pay.

Contrectatio rei aliens, animo furandi, est furtum The touching of anothers property with intent to steal is theft.

Conventio et modus vincunt legem A contract and agreement overcome the law.

Conventio privatorum non potest publico juri derogare An agreement of private persons cannot derogate from public right.

Conventio vincit legem The express agreement of parties overcomes [prevails against] the law.

Conventio vincit legem. The agreement of the parties overcomes or prevails against the law.

Convicia si irascaris tua divulgas; spreta exolescunt If you be moved to anger by insults, you publish them; if despised, they are forgotten.

Copula vera Veritable copulation; unquestionable & perfect sexual intercourse.

Copulatio verborum indicat acceptationem in eodem sensu The coupling of words together shows that they are to be understood in the same sense.

Copulatio verborum indicat acceptionem in eodem sensu. Coupling words together shows that they ought to be understood in the same sense

Coram Domino Rege In the presence of our Lord the King.

Coram non judice Before one who is not a judge.

Coram populo Before the public.

Corporalis injuria non recipit µstimationem de futuro A personal injury does not receive satisfaction from a future course of proceeding.

Corporalis injuria non recipit aestimationem de futuro. A personal injury does no receive satisfaction from a future course of proceding.

Corpus Body

Corpus corporatum A corporation; a corporate body other than municipal.

Corpus corporatum ex uno potest consistere One person may constitute a corporation.

Corpus corporatum neque in lite sisti Neque utla ari neque bona forisfacere neque atrinctum pati attorn atum face re neque excommunicari potest: A corporation can neither be brought into Court nor outlawed nor can it forfeit goods, suffer attainder, take power-of-attorney, nor is it liable to excommunication.

Corpus corporatum nonhabet hµreds neque executores neque mori potest A corporation has neither heirs nor executors, nor can it die.

Corpus delicti The body, i.e. the gist of crime.

Corpus humanum non recepit µstimationem A human body is not susceptible of appraisement. The human body does not admit of valuation.

Corpus humanum non recipit aestimationem A human body is not susceptible of appraisement.

Corpus juris A body of law, a term used to signify a book comprehending several collections of law.

Corpus juris Canonici The body of church law by which the Roman Catholic Church was governed until

Corpus juriscivilis The complete body of ancient Roman Law as codified under the Emperor Justinian in the 6th Century AD.

Corruptio optima est pessima Corruption of the best is the worst.

Counsellor, nest, destre oye que parle onver le presidents A counsel ought not to be heard who speaks against precedent.

Crassa ignorantia Gross ignorance.

Crassa negligentia Gross negligence.

Creditor qui permittit rem venire pignus dimittit The creditor who allows property to be sold gives up the plegde.

Crescente malitia crescere debet et poena Vice increasing, punishment ought also to increase.

Crimen A crime.

Crimen ex post facto non diluitur Crime cannot be expiated by after-acts.

Crimen falsi Forgery, prejury or an offence of kindred character.

Crimen incendi The crime of burning, including not only arson but the burning of a man, beast or other chattel.

Crimen lµsµ majestatis The crime of injuring majesty; high treason.

Crimen lµsµ majestatis omnia alia crimina excedit quoad poenam The crime of treason exceeds all other crimes, in its punishment.

Crimen majus patitur is qui non prohibet cum prohibere non potest He who fails to prevent that which it is not possible for him to prevent is guilty of no crime.

Crimen omnia ex se nata vitiat Crime vitiates every thing, which springs from it.

Crimen raptus Rape.

Crimen trahit personam The crime carries the person.

Crimen vel poena paterna nulla masculam filio infligere potest The (crime of) punishment of father inflicts no stain upon his son.

Crimina morte extinguntur Crimes are extinguished by death.

Cui jurisdictio data est, ea quoque concessa esse videtur, sine quibus jurisdiction explicari non potest Where an Act confers a jurisdiction it impliedly also grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution.

Cui jus est donandi, eidem et vendendi et concedendi jus est He who has a right to give has also a right to sell & to grant.

Cui licet quod majus non debet quod minus est non licere He who has authority to do the more important act shall not be debarred from doing that of less importance.

Cui pater est populus non habet ille patrem He to whom the people is father has not a father.

Cui pater est populus non habet ille patrem. He to whom the people is father, has not a father.

Cui plus licet quam per est plus vult quam licet He to whom more is granted than is just, wants more than is granted.

Cuicenque aliquis quid concedit, concedere videtur et id sine quo res ipse esse non potuit Whoever grants a thing is deemed also to grant that without which the grant itself would be of no effect.

Cuicunque aliquis quid concedit, concedere videtur et id, sine quo res ipsa esse non potuit Whoever grants a thing is supposed also tacitly to grant that without which the grant itself would be of no effect.

Cuilibet in arte sua herito credendum est. Every one should be believed skilful in how own art

Cuilibet in sua arte perito est credendum Everyone who is skilled in his own art is to be believed.

Cuilibet licet juri pro se introducto renunciare Any one may waive or renounce the benefit of a principle or rule of law that exists for his protection.

Cuilibet licet renuntiere juri pro se introducto Any one may waive or renounce the benefit of a principle or a Rule of Law that exists for his protection in his private capacity.

Cuique in sua arte credendum est Everyone is to be believed in his own art.

Cujus curiµ est lex curiµ The practice of the court is the law of the Court. However, the practice of the Court cannot override the express provision of law

Cujus est commodum ejus debet esse incommodum Whose is the advantage, his also should be the disadvantage.

Cujus est commodum ejus debet esse incommodum. He who receives the benefit should also bear the disadvantage.

Cujus est commodum ejus est onus He who has the benefit has also the burden.

Cujus est dare ejus est disponere The giver of a gift has the right to regulate its disposal.

Cujus est divisio alterius est electio Whichever has the division, the choice is the others.

Cujus est divisio alterius est electio. Which ever of two parties has the division, the other has the choice.

Cujus est dominium ejus est pericum lam The risk lies upon the owner of the subject.

Cujus est instituere ejus est abrogare Whose right is to institute, his right it is to abrogate.

Cujus est solum ejus est uque ad coelum He who possesses land possesses also that which is above it.

Cujus est solum ejus est usque ad coelum et ad inferos To whomsoever the soil belongs, he owns also to the sky & to the depth.

Cujus est solum, ejus est usque ad caelum. He who owns the soil, owns up to the sky

Cujus est solum, ejus est usque ad coelam; et ad inferos He who owns the soil owns it up to the sky; and to its depth.

Cujus est solum, ejus est usque ad coelum et ad infero Whoever is the owner of the soil, it is his even to the firmament & to the centre of the earth. He who possesses land possesses also that which is above it. LAND, in its restrained sense, means soil, but in its legal acceptation it is a generic term, comprehending every species of ground, soil or earth, whatsoever, as meadows, pastures, woods, moors, waters, marshes, furze, and heath; it includes also houses, mills, castles, and other buildings; for with the conveyance of the land, the structures upon it pass also. And besides an indefinite extent upwards, it extends downwards to the globes center, hence the maxim, Cuius est solum eius est usque ad coelum et ad inferos. [P. Rami Reddy and Ors. Vs. State of Andhra Pradesh and Ors MANU/SC/0364/1988 ]

Cujus juris est principali ejusdem juris erit accessorium An accessory matter is subject to the same jurisdiction as its principal.

Cujus per errorem dati repetitio est ejus consulto dati donatio est That which when given through mistake can be recovered; when given with knowledge of the facts, it is a gift, i.e., it cannot be recovered.

Cujus per errorem dati repetitio est, ejus consult dati donatio est. Whoever pays by mistake what he does not owe, may recover it back; but he who pays, knowing he owes nothing; is presumed to give.

Cujus que rei potissima pars est principium The chiefest part of everything is the beginning.

Cujusque rei potissima pars principium est. The principal part of everything is the beginning.

Cul An abbreviation of culpa meaning guilt/guilty.

Cul de sac Blind alley; a way open only at one end.

Culpa Crime, offence, fault, negligence.

Culpa caret, qui scit, sed prohibere non potest He is clear of blame who knows but cannot prevent.

Culpa est immiscere se rei ad se non pertimenti It is a fault for any one to meddle in a matter not pertaining to him.

Culpa est immiscere se rei ad se non pertinenti. It is a fault to meddle with what does not belong to or does not concern you.

Culpa lata Gross negligence.

Culpa lata aequiparatur dolo. A concealed fault is equal to a deceit.

Culpa lata dolo sequiparatur Gross neglect is equivalent to fraud.

Culpa levis Slight negligence

Culpa paena par esto. Let the punishment be proportioned to the crime.

Culpa tenet suos auctores. A fault finds its own.

Culpable Punishable.

Culpable tenet suos auctores A fault binds its own authors.

Culpable vel poena ex equitate non intenditure Blame or punishment does not proceed from equity.

Cum actio fuerit mere criminalis institui poterit ab initio criminaliter vel civiliter When an action is merely criminal, it can be instituted from the beginning either criminally or civilly.

Cum adsunt testimonia rerum quid opus est verbis When the proofs of facts are present, what need is there of words.

Cum adsunt testimonia rerum quid opus est verbis. When the proofs of facts are present, what need is there of words.

Cum aliquid impeditur propter unum eo remoto tolitur impedimentum When anything is imposed by any single cause, if that be removed, the impediment is removed.

Cum aliquis renunciaverit societati solvitur societas When any partner renounces the partnership, the partnership is dissolved.

Cum confitente sponte mitius est agendum One confessing willingly should be dealt with more leniently.

Cum confitente sponte mitius est agendum. One making a voluntary confession, is to be dealt with more mercifully.

Cum de lucro duorum quµritur melior est causa possidentis When the question is as to the gain of two persons; the cause of him who is in possession is the better.

Cum dividend With profit.

Cum du jura concurrunt in una persona µqum est ac si essent in duo duobus When two rights meet in one person, it is the same as if they were in two persons.

Cum duo inter se pugnantia reperiuntur in testamento, ultimum ratum est When two clauses are found in a will, contradictory of, or inconsistent with, each other, the last is confirmed.

Cum in corpre dissentitur appare tenullam esse acceptionem Where there is a disagreement in the substance, it appears that there is no acceptance.

Cum legitimae nuptiae factae sunt, patrem liberi sequuntur. Children born under a legitimate marriage follow the condition of the father.

Cum legitime nuptiµ factµ sunt patrem liberi sequuntur Children born under the legitimate marriage follow the condition of the father.

Cum licet fugere ne quµre litem Enter not into law if you can avoid it.

Cum new Carrying the right of the special terms of purchase.

Cum onere With the burden/charge; subject to a charge or incumbrance.

Cum par delictum est duorum semper oneratur petitor et malior habetur possessoris causa When both parties are in fault, the plaintiff must always fail, & the cause of the person in possession be preferred.

Cum principalis causa non existit ne ea quidea quµ sequuntur locum habent When the main cause is not consistent for the most part, not even the things which follow have a place.

Cum quod ago non valet ut ago valeat quantum valere potest When that which I do is of no effect as I do, it shall have as much effect as it can.

Cum testamento annexo With the will annexed.

Cuplµ poena par esto Let the punishment be proportioned to the offence.

Curia advisari vulti Literally, the Court wishes to be advised. The court did not give a decision at once, but took time to consider its judgment.

Curia ecclesiastica locum non habet super ii squµ juria sunt communs An ecclesiastical court has no jurisdiction/power over matters of common law.

Curia parliamenti suis propriis ligibus subsistit The court of Parliament is governed by its own peculiar laws.

Curiosa et captiosa intepretatio in lege reprobatur. A curious and captious interpretation in the law is to be reproved

Curiosa et captiosa interpretatio in lege reprobatur A curious & captious interpretation of the law is to be reproved.

Currat lex The law must take its course.

Currit tempus contra desides et sui juris contemptores. Time runs against the slothful and those who neglect their rights.

Cursus curiµ est lex curiµ The practice of the Court is the law of the Court. [CCE, Mad v Std Motor Products 1989 SC 1298 per S Mukharji J].

Cursus curiae est lex curiae. The practice of the court is the law of the court.

Custodia legis In the custody of court.

Custome serra prise stricte Custom must be taken strictly.

Custos corporis cujusque infantis est in esto ad quern haereditas ne queat pervenire Let him be the guardian of the body of the infant to whom the inheritance cannot come.

Custos magni sigilli Keeper of the great seal.

Custos maris Warden of the sea.

Custos morum A guardian of morals

Custos statum hµredis in custodia existentis meliorem non deteriorem facere potest A guardian can make the estate of an heir living under his guardianship better, not worse.

Damnosa hµreditas A burdensome inheritance.

damnum damage, loss

Damnum absque injuria A loss without a wrong; loss or hurt without injury in law.

damnum fatale a loss due to an unusual accident e.g. a storm or a flood

Damnum sentit dominus The owner suffers the damage.

Damnum sine injuria damage without legal injury.

Damnum sine injuria esse potest There may be damage or injury inflicted without any act of injustice.

Dans et retinens, nihal dat One who gives & yet retains gives nothing.

Dans un pays libre, on crie beaucoup, quipu, on souffre pet; dans un pays de tyrannie on se plaint peu quoiqu, on soufire beaucoup In a free country there is much clamour, with little suffering; in a despotic state there is little complaint but much grievance.

Dare ad remanentiam To give away a remainder in fee or for ever.

De At, by, beyond, of.

De acquitate In equity.

De bene esse Conditionally, provisionally. A technical phrase applied to certain acts deemed for the time being well done.

De bene memorie Of good memory; of sound mind.

De bonis asportatis Of goods carried away.

De bonis non Of the goods not (administered). Where sole or the last surviving executor dies intestate without having fully administered, his administrator does not become the representative of the original testator, & it is accordingly necessary to appoint an administrator to administer the goods of the original testator left unadministered.

De bonis non administratis Of goods not administered

De consilio Of counsel.

De consilio curiµ By the advice/direction of the Court.

De corpore Of the body.

De coste On the side, collateral.

De cry en avant From now henceforth.

De defaute deroit For failure of right.

De die claro By daylight.

De die in diem From day to day.

De dolo malo Concerning fraud.

De domo reparanda A writ to compel a man to repair his house when dangerous to the neighbours.

De donis conditionalibus Of conditional gifts.

De et super pramissis Of & upon the premises.

De exitibus terrµ Out of the profits of the land.

De facto In fact.

De fide et officio judicis non recipitur quµstio, sed de scientia sive sit error juris sive facti Honesty & integrity of a Judge cannot be questioned, but his decision may be impugned for error either of law or of fact: St of AP v Ramoji Rao IJR 1987 AP 3.501-9 DB per Jeevan Reddy J. Contempt of Court Act, Ss 9, 10, 12 & 15(1).

De fide et officio judicis non recipitur quaestio; sed de scientia, sive error sit juris sive facti. Of the credit and duty of a judge, no question can arise; but it is otherwise respecting his knowledge, whether he be mistaken as to the law or fact.

De fine force Of pure necessity.

De furto Of theft.

De futuro In the future.

De gratia Of grace, by favour.

De haut en bas Of high & low.

De hors Beyond the scope of.

De incremento Of increase.

De infirmitate Of infirmity.

De injuria Of his own wrong without such cause.

De integro As regards the whole.

De intrusione (writ) of intrusion.

De jure Rightful, by right.

De jure communi At common law.

De jure judiceis, de facto juratoreis, respondent Judges answer to the law, jury to the fact.

De jure judices, de facto juratores, respondent. The judges answer to the law, the jury to the facts.

De jure officer One who is regularly & lawfully appointed & inducted into office & exercises the duties as of his right; one who has the lawful right to the office, but who has either been ousted from, or never actually taken possession of the office.

De latere From the side; collaterally.

de lege ferenda according to the law as it ought to be

de lege lata according to the current lawde lege lata: according to the current law

de legibus of law

De majori et minori non variant jura Whether the matter be great or small, the laws do not vary.

de minimis trivial

De minimis lex non curat The law does not notice trifling matters.

De minimis non curat lex Law does not take account of trifles: Dudhia FC Soc v Mohd 1980 Guj LR 272: Suresh v KA Koya 1990 Ker 20.

De minimis non curat lex. The law does not notice or care for trifling matters.

De minimis non curat praetor The praetor does not concern himself about trifles.

De molendino do novo erecto non jacet prohibitio A prohibition lies not against a newly erected mill.

De morte hominis nulla est cunctatio longa When the death of a human being may be the consequence, no delay is long. When the question is on the life or death of a man, no delay is too long to admit of inquiring into facts.

De morte hominis nulla est cunctatio longa. When the death of a human being may be the consequence, no delay is long. When the question is on the life or death of a man, no delay is too long to admit of inquiring into facts.

De morte juminis nulla est cunctatio longa When the death of a human being is concerned, no delay is long.

De non apparentibus et non existntibus eadem est ratio. The reason is the same respecting things which do not appear, and those which do not exist.

De non apparentibus, et non existentibus, eadem est ratio As to things not apparent & those not existing, the rule is the same. Where the court cannot take judicial notice of a fact, it is the same as if the fact had not existed.

De non sane memorie Of unsound mind or memory.

De novo Starting afresh.

De nullo quod est sua natura indivisible, et divisionem non patitur, nullam partem habebit vidua; sed satisfaciat ei ad valentiam A widow shall have no part of that which in its own nature is indivisible & is not susceptible of division but let the heir satisfy her with an equivalent.

De odioet atia Of malice.

De office Of office; officially; in virtue of office; in the discharge of ordinary duty. 559. De pace et legalitate tuenda: For keeping peace & good behaviour.

De pace infracta Of breach of the peace.

De piano Summarily; forthwith.

De placito Of a plea; in an action.

De ques en ca From which time until now.

De quodam ignoto From a certain person unknown.

De quoy Of which; wherewith.

De raptu virginum Of the rape of maids.

De recto deficere To fail of right.

De rien culpable Guilty of naught. 569. De rigore juris: By strict law.

De se bene gerendo For his good behaviour.

De se vie For his life.

De servito regis For the kings service.

De similibus ad similia eadem ratione procedendum est Concerning things to like things, we are to proceed by the same rule or reason.

De similibus ad similia eadem ratione procedendum est. From similars to similars, we are to proceed by the same rule.

De similibus idem est judicium In like cases or matters judgment is to be the same: decisions of the contemporaneous or superior courts, should be respected.

De son done By his gift.

De son gree Of his own accord.

De son tort Of his own wrong.

De son tort demesne sans tiel cause Of his own wrong without such cause.

De tempore in tempus et ad omnia tempora From time to time & at all times.

De temps dont memorise ne court From time which memory runneth not.

De terra sancta Of the holy land.

De tua dum tua sunt, post mortem tunc tua non sunt Give the things which are yours while they are yours, after death they are not yours.

De ultra mare Of/beyond sea.

De una parte Unilateral; a deed where one party, only binds himself.

De verbo in verbum Word for word.

De vicineto From neighbourhood.

Debet esse finis litum There ought to be an end of lawsuits.

Debet quis juris subjacere ubi delinquit Everyone ought to be subject to the law of the place where he offends.

Debet sua cuique domus esse perfugium tutissimum Everymans house should be a perfectly safe refuge.

Debile fundamentum fallit opus Where there is a weak foundation, the work fails.

Debita Debts.

Debita non prasumitur donre A debtor is not presumed to give.

Debita sequuntur personam debitoria Debts follow the person of the debtor.

Debita sequuntur personam debitoris Debts follow the person of the debtor.

Debitor Debtor.

Debitor non praesumitur donare A debtor is not presumed to make a gift.

Debitor non prasumitur donare A debtor is not presumed to give.

Debitorum pactionibus creditorum petitio nec tolli nec minui potest The right of a creditor to sue cannot be taken away or lessened by the contracts of his debtors.

Debitrix A female debtor.

Debitum A debt.

Debitum et contractus sunt nullius loci Debt and contract are of no particular place.

Debitum in prµsenti, solvendum in futuro Present debt payable, in future:

Debitum in praesenti, solvendum in futuro A present debt is to be discharged in the future.

Decet tamen principem servare leges, quibus ipse servatus est It behoves indeed the prince to keep the laws by which he himself is preserved.

Decipi quam fallere est tutius It is safer to be deceived than to deceive.

Decreta conciliorum non ligant reges nostors Decrees of councils bind not kings.

Decretum A decree.

Decretum est sententia lata super legem A decree is a sentence made upon the law.

Deficiente uno non potest esse hµres One blood being wanted, one cannot be heir.

Delegata potestas non potest delegari A delegated authority cannot be again delegated.

Delegatus debitor est odiosus in lege A delegate debtor is hateful in the law.

Delegatus non protest delegare A delegate cannot delegate, i.e., a delegated authority cant be re-delegated. This principle limits the general broad rule, "Whatever a person has power to do himself he may do by means of an agent".

This doctrine properly belongs to the area of trust & agency & underlines that when trust has been reposed in one for the exercise of his judgment & decision, it must be so exercised by him, & that it cannot be delegated to another. The very concept of delegation is one borrowed from the law of agency, & conveys the idea, as observed by JF Garner in his book Administrative Law, as enabling one local authority to clothe another authority with one or more of its functions, so that the delegate may act as its agent. Prof SA De Smith in his leading treatise Judicial Review of Administrative Actions" says. The maxim ** does not enunciate a rule that knows no exception; it is a rule of construction to the effect that a discretion conferred by statute is prima facie intended to be exercised by the authority, but this intention may be negatived by any contrary indications found in the language, scope or object of the statute: Raja Mohapatra v Board of Sec Edu 1988 Ori 65-71 DB per LR Rath J on 25.9.87. Also Halsbury Vol 1, 4th ed para 32: Marathwada Uni v SBR Chavan 1989 SC 1582-7.

Deliberandum est diu quod statuendum est semel That which is to be resolved once for all should be deliberated upon in detail.

Denominatio est a digniore Denomination is from the more worthy.

Denominatio fieri debet a dignioribus Denomination should be deduced from the more worthy.

Denomine proprio non est curandum cum in substantia non erretur quia nomina mutabilia sunt res autem immobiles As to proper name, it is not to be regarded when one errs not in substance; because names are changeable, but things are not.

Derivativa potestas non potest esse major primitiva The power which is derived cannot be greater than that from which it is derived.

Designatio justiciariorum est a rege Jurisdictio vero ordinaria a lege: The appointment of justices is by the king, but their ordinary jurisdiction by the law.

Designatio unius est exclusio alterius, et expressum facit cessare taciturn The specifying of one is the exclusion of another, & that which is expressed makes that which is understood to cease.

Designatio unius personµ est exclusio alterius The specification of one person is the exclusion of another.

Desuetude State of disuse; abrogation of law by long non-user.

Detur digniori Let it be given by the more worthy.

Deus solus hµredem facere potest, non homo Deity alone is able to make an heir. God alone & not man can make an heir.

Deus solus haeredem facere potest, non homo God alone, not man, can make an heir.

dictum (pl. dicta a saying or usu. a judicial statement

Dictum de omni et nullo Rule about all or none, i.e., whatever is affirmed or denied distributively of an entire class can be affirmed or denied in the same way of every thing/body of that class.

Diem ex die Day after day.

Dies A day.

Dies a quo The day from which.

Dies ad quoin The day to which.

Dies Dominicus non est juridicus Sunday is not a day in law.

Dies fasti Business days.

Dies feriati Holidays.

Dies inceptus pro completo habetur A day begun is held as complete.

Dies incertus pro conditione habetur An uncertain day is held as a condition.

Dies interpellat pro homine The arrival of the day of payment is a sufficient demand for the person owing.

Dies juridicus Day for legal purposes or judicial proceedings; a Court day.

Dies legitimus A lawful day; a term day.

Dies non An abbreviation of the phrase

dies non juridicus non juridical days, days during which the Courts do not transact any business.

Dies Solaris A solar day.

Dies solis Sunday.

Dies utiles An available day.

Diet A legislative assembly; a meeting of delegates.

Dieu son acte Act of God.

Difficile est ut unus homo vicem duortum sustineat It is difficult that one man should sustain the place of two.

Difficilem oportet aurum habere ad crimina One should not lend an easy ear to criminal charges.

Digitus mercede operarius The labourer is worthy of his hire.

Dignitas supponit officium et curam, et nonest partibilis Dignity supposes office & charge, & is not divisible.

Dignitates Rex dat, virtus conservat, delicta auferunt The King confers honours, virtue preserves them, transgressions take them away.

Dilatio quµ pro justitiafaciat acceptissima quµ contra justitiam maxime invisa: Delay or suspension for justices sake is very acceptable but delay contrary to justice is very odious.

Dilationes in lege sunt odiosµ Delays in law are odious.

Discontinuance nihil aliud quam intermittere desenescere, inter-reumpere Discontinuance is nothing else than to intermit, to abate, to interrupt.

Discretio est discernere per legem quid sit justum Discretion is to discern through law what is just.

Disparata non debent jungi Dissimilar things ought not to be joined.

Dispensatio est vulnus quod vulnerat jus commune A dispensation is a wound, which wounds common law.

Dispensatio est vulnus, quod vulnerat jus commune. A dispensation is a wound which wounds a common right.

Dispentio est mali prohibiti provida relaxatio ultimate seu necessitate pensata, et est de jure domino regi concessa propter, impossiblitatem prµvidendi de omnibus particularibus A dispensation is the provident relaxation of a malum prohibitum weighed from utility or necessity, & it is conceded by law to the king on account of the impossibility of foreknowledge concerning all particulars.

Dissimilum dissimiles est ratio. Of disimilars the rule is dissimilar.

Dissimilum dissimilis est ratio Of dissimilars the rule is dissimilar.

Dissimulatione tollitur injuria Injury is removed by being passed over or forgiven.

Distinguenda sunt tempora distingue tempora et concordabis leces Times are to be distinguished; distinguish times & you will make laws agree.

Distinguenda sunt tempora; aliud est facere aliud perficere Times are to be distinguished; it is one thing to do, another to complete.

Districtio non potest esse nisi pro certis servisiis Goods cannot be distrained except for certain services.

Divide et impera cum radix et vertex imperii in obedientum consensu rata sunt Divide & govern since the foundation & crown of empire are established in the consent of the obedient.

Divinatio non interpretatio est, quae omnino recedit a litera. It is a guess not interpretation which altogether departs from the letter

Divinatio, non interpretatio est, quµ omnino recedit a litera That is guessing not interpretation, which altogether departs from the letter.

Divisibilis est semper divisibilis A thing divisible is always divisible.

Divortium dicitur a divertendo, quia vir divertitur ab uxore Divorce is said to be from divertendo because a man is diverted from his wife.

Doli Crime, mischief.

Doli capax Capable of committing crime.

Doli incapax Incapable of crime.

Dolo facit qui petit quod redditurus est It is fraudulent to claim what you must restore.

Dolo malo pactum se non servaturum A pact made with a malicious intention will not be upheld.

Dolosus versatur generalibus. A deceiver deals in generals.

Dolosus versatur in generalibus A deceiver deals in generalities, i.e., in general terms.

Dolus auctoris non nocent successori The fraud of a predecessor does not prejudice his successor.

Dolus auctoris non nocet successori. The fraud of a possessor does not prejudice the successor.

Dolus auctoris non noncet successori, nisi in causa lucrativa The fraud of the author does not affect the successor when he acquires by a lucrative title.

Dolus circuitu non purgator. Fraud is not purged by circity.

Dolus circuitu non purgatur Fraud is not purged by circuity.

Dominium Ownership.

Dominium non potest esse in pendenti A fee or right of property cannot be in suspension, i.e., it must always be vested in someone.

Dominus aliquando non potest alienare A lord sometimes cannot alienate.

Dominus capitalis loco hµredis habetur quoties per defectum vel delictum extinguitur sanguis sui tenentis The supreme Lord takes the place of the heirs as often as the blood of the tenant is extinct through deficiency or crime.

Dominus cel casam servi vel personam inculpatio defendet, etiam ubi alii non liceret The master may defend his servants cause, even when it is not lawful for another.

Dominus litis Master of, or having dominion over, the case.

Dominus non maritabit pupillum nisi semel A lord cannot give away in marriage but once.

Dominus omnium in regno terrarrum rex habendus, et ab eo omnes tenent ita tamen ut suum cuiquesit The sovereign is first seized of all lands; of him all others hold, so that everyone has his own.

Dominus rex nullum habere potest parem multo minus superiorem The king cannot have an equal much less a superior.

Domum suam unicuique reficere licet, dum non officiat invito alteri in quo jus non habet It is lawful for everyone to repair his own house provided he does it not to the injury of another over whom he has no rights.

Domus sua cuique est tutissimum refugium Everymans house is his castle.

Domus sua cuique est tutissimum refugium. Every man's house is his castle

Domus tutissimum cuique refugium atque receptaculum. The habitation of each one is an inviolable asylum for him.

Dona clandestina sunt semper suspiciosa Clandestine gifts are always suspicious.

Donari videtur, quod nullo jure cagente conceditur That is considered to be given which is granted without the obligation of any law.

Donatio causa mortis or donatio mortis causa A gift in prospect of death, a deathbed disposition when a person in his last sickness apprehending his death near, delivers or causes to be delivered to another the possession of any personal goods to keep in case of his decease.

Donatio inter vivos For a gift inter vivos two things are necessary: the intention to give, followed by acts giving effect to the intention. So long as the intention is not completely carried out, the gift is imperfect & the donee has no legal rights against the donor. A mere promise to give is of no effect.

Donatio non prµsumitur A gift is not presumed.

Donatio non praesumitur. A gift is not presumed.

Donatio num alia perfecta alia incepta, et non perfecta; ut si donatio lecta fuit et concessa ac traditio mondum fuerit subsecuta Some gifts are perfect, others incipient & not perfect; as if a gift were ready & agreed to but delivery had not been followed.

Donatio perficitur possesione accipientis. A gift is rendered complete by the possession of the receiver.

Donatio perficitur possessione accipientis A gift is perfected by the possession of the receiver.

Donatio principis intelligitur sine prµjudicio tertii A gift of the prince is understood without prejudice of a third party.

Donatio propter nuptias A gift in consideration of marriage.

Donatio quµlibet ex vi legis sortitur effectum A donation obtains its effect by force of the law.

Donatio vilata A veiled or hidden gift.

Donator A donor.

Donator nunquam desinit possidere antequam donatarius incipat possidere He that gives never ceases to possess until he who receives begins to possess.

Donatur nunquam desinit possidere antequam donatarius incipiat possidere. He that gives never ceases to possess until he that receives begins to possess.

Dormiunt aliquando leges, nunquam moriuntur Laws sometimes sleep but never die.

Dormiunt aliquando leges, nunquam moriuntur. The laws sometimes sleep, but neyer die.

Dormiunt leges aliquando, nunquam moriuntur The laws sometimes sleep, but never die.

Dos de dote peti non debet. Dower ought not to be sought from dower.

Dos de dote peti non debit Dower ought not to be sought from dower.

Doti lex favet; prµmium pudoris est, ideo parcatur The law favours dower; it is the reward of chastity, therefore let it be preserved.

Doti lex favet; praemium pudoris est; ideo parcatur The law favors dower; it is the reward of chastity, therefore let it be preserved.

Droit ne done pluis que soit demaunde Justice gives no more than is demanded.

Droits civils Civil or private rights.

Duas uxores eodem tempore habere non potest. It is not lawful to have two wives at one time.

Duas uxores eodem tempore hebere non licet It is not unlawful to have two wives at one time.

Dubitante Doubting the correctness of the decision.

Dum bene se gesserit During good conduct.

Dumnum sine injuria Damage without legal injury.

Duo non possunt in solido unam rem possidere. Two cannot possess one thing each in entirety.

Duo non possunt in solido unam rem possidere/ Duorum in solidum dominium vel possessio non potest Ownership or possession of the same thing in entirety cannot be in two persons.

Duplex placitum non admittur A double decree cannot be admitted.

Duplicationem possibilitatis lex non patitur. It is not allowed to double a possibility.

Durante bene placito During pleasure (of the appointer).

Durum est per divinationem a verbis recedere It is hard to depart from the meaning of words by conjecture.

e silentio by the absence of contrary evidence

Ea est accipienda interpretatio, equµ vitio caret That interpretation is to be received which is free from fault.

Ea est accipienda interpretation, qui vitio curet. That interpretation is to be received, which will not intend a wrong.

Ea quµ commendandi causa in venditionibus dicuntur, si palam appereant, venditorem non obligant The things which are said for the sake of commendation in sales, if they are plainly apparent, do not bind the seller.

Ea quµ raro accidunt, non temere in agendis negotiis computantur Those things which seldom happen are not rashly to be taken into account in transacting business.

Ea qua in curia nostra rite acta sunt debitate executioni demandari debent Those things which are properly transacted in court ought to be committed to a due execution.

Eadem causa diversis rationibus coram judicibus ecclesiast ics et secularibus ventilatur The same cause is argued upon different principles before ecclesiastical & secular judges.

Eadem mens prµsumitur regis quµ est juris, et quµ esse debet, prµsertim in dubiis The mind of the Sovereign is presumed to be coincident with that of the law, & with that which it ought to be especially in ambiguous matters.

Ecclesia A church; a parsonage.

Ecclesia ecclesiae decimas solvere non debet A church ought not to pay tithes to a church.

Ecclesia est infra µtatem et in custodia domini regis qui tenetur jura et hµreditates ejusdem manu tenere et defendere The church is under age, in the custody of the king, who is bound to uphold & defend its rights & inheritances.

Ecclesia fungitur vice minoris; meliorem conditionem suam facere potest deteriorem nequaquam The church enjoys the privilege of a minor; it can make its own condition better, but not worse.

Ecclesia magis favendum est quam parsonae Church is to be more favoured than person.

Ecclesia non moritur The church does not die.

Ecclesia semper in regis tutela The church is always under protection of the king.

Edicta magistratum constitutio principles The ordinance of the Magistracy is the construction of the Emperor.

Egalite de droit Formal or legal equality.

Egalite de fait Real, practical equality.

Ei incumbit probatio qui The onus of proving a fact rests upon the man.

Ei incumbit probatio qui dicit non qui negat The burden of proving a fact lies on the party who substantially asserts the affirmative of the issue ¬ on the party who denies it, for, a negative is usually incapable of proof.

Ei incumbit probatio qui dicit, non qui negat. The burden of the proof lies upon him who affirms, not he who denies.

Ei nihil turpe cui nihil satis To whom nothing is sufficient, to him nothing is base.

Ei nihil turpe, cui nihil satis. To whom nothing is base, nothing is sufficient.

Ejus est interpretari cujus est condere It belongs to him to interpret who enacts.

Ejus est non nolle, qui potest velle. He who may consent tacitly, may consent expressly.

Ejus est non ville qui potest velle He may consent tacitly who may consent expressly.

Ejus est periculem cujus est dominium aut commodum He who has the dominion or advantage has the risk.

Ejus est periculum cujus est dominium aut commodum. He who has the risk has the dominion or advantage.

Ejus nulla culpa est cui parere necessesit He is not guilty of fault who necessarily, obeys; no one incurs fault or blame through the performance of an act which he is under the necessity of performing.

Ejusdem negotii Of the same transaction.

Elect un vi, non datur recursus ad alteram. When there is concurrence of means, he who has chosen one cannot have recourse to another.

Electa una via non datur recursus adalteram He who has chosen one way cannot have recourse to another.

Electio est interna libera et spontanea separatio unius rei ab alia sine compulsione consistens in animo et voluntate

Election is an internal, free & spontaneous separation of one thing from another, without compulsion, consisting in intention & will.

Electio semel facta non petitur regressum Election once made cannot be recalled.

Electio semel facta, et placitu testatum, non patitur regressum Election once made, & plea witnessed, suffers not a recall.

Electio semel facta, et placitum testatum, non patitur regressum. Election once made, and plea witnessed, suffers not a recall.

Electiones fiant rite et libere sine interruptione aliqua. Elections should be made in due form andfreely, without any interruption.

Emptio et vend ito contrahitur simulat que de pretio convenerit The buying & selling is complete when the price is agreed upon.

Emptor emit quam minimo potest; venditor vendit quam maximo potest The buyer buys for as little as possible; the vendor sells for as much as possible.

En passant In passing; by the way.

Entiapars semper prµferanda est propter privilegium µtatis The part of the eldest sister is always to be preferred on account of the privilege of age.

Enumeratio infirmat regulam in casibus non enumeratis Enumeration disaffirms the rule in cases not enumerated.

Enumeratio infirmat regulam in casibus non enumeratis. Enumeration affirms the rule in cases not enumerated.

Enumeratio unius est exclusio alterius Specification of one thing is exclusion of the other(s).

Eo At, under, with.

Eo instante At that instant.

Eo intuitu With that view or intent

Eo nomine Under that name.

Eodem ligamine quoligatum est dissolvitur By the formalities with which a bond is contracted, by the same formalities it is released.

Eodem modo quo oritur, eodem modo dessolvitur By the mode or means by which a thing originates, by the same mode or means it is dissolved.

Eodem modo quo quid constituitur, eodum modo dessolvitur destruitur In the way in which any thing is constituted, in that way it is destroyed.

Ephemeris annua pars legis anglicanae An annual diary is a part of the English law, that takes notice of the annual calendar.

Episcopus alterius mandato quam regis non tenetur obtemperare A bishop need not obey any mandate save the kings.

Error fucatus nud veritate in multis est probabilior; et saepenumero rationibus vincit veritatem err Error artfully colored is in many things more probable than naked truth; and frequently error conquers truth and reasoning.

Error fucatus nuda veritate in multis est probabilior; et sµpenumero rationibus vincit veritatem error Varnished error is in many things more probable than naked truth; & frequently error conquers truth by reasoning.

Error juris nocet. Error of law is injurious.

Error numinis nunquam nocet, si de identitate rei constat An error in the name of a thing is never prejudicial, if it be clear as to the identity of the thing itself, ie, where the intention is clearly known.

Error placitandi µquitatem non tollit A clerical error does not take away equity.

Error qui non resistitur, approbatur An error which is not resisted is approved.

Error scribentis nocere non debet. An error made by a clerk ought not to injure; a clerical error may be corrected.

Errores ad sua principia referre, est refellere To refer errors to their principles, is to refute them.

Errores ad sua principia referre, est refellere. To refer errors to their origin is to refute them.

Errores scribentis nocere non debet The mistakes of the writer ought not to harm.

Erubescit lex filios castigare parentes The law blushes when children correct their parents.

Est Is.

Est autem vis legem simulans. Violence may also put on the mask of law.

Est boni judicis ampliare jurisdictionem It is the part of the good judge to amplify the jurisdiction.

Est boni judicis ampliare jurisdictionem. It is the part of a good judge to extend the jurisdiction.

Est boni judicis ampliare justiciam, non-jurisdictionem It is the duty of a good judge to amplify, extend justice, not jurisdiction or authority.

esto suppose it to be so

Et And,

Et cetera Other things of that type

Et est pactio dourum plerumque in idem placitum consensus The consent of two or more in the same, will constitute a placitum or bargain.

Et sicut ad quµstionem juris non respondent juratores, sed judices; sic ad quµstionem facit non respondent judices sed juratores Jurors are to try the fact, & the judges ought to judge according to the law that riseth upon the fact.

Eum, qui noncentem infamavit, non esse bonum µquum, ob earn rem condemnari; paccata enim noncentium nota esse, et opertere et expedire He who has defamed or accused one who has committed a wicked or criminal act, is not justly or equitably to be condemned on that account; indeed, the marked or notorious sins or transgressions of wicked men ought to be exposed.

Eunomy Equal laws.

Eventus est qui ex causa sequitur; et dicitur eventus quia excausis evenit An event is that which follows from the cause, & is called an event because it eventuates from causes.

Ex µquitate In equity.

Ex abundanti cautela By/from/out of abundant caution.

Ex abuso non arguitur ad usum From the abuse of a thing you cannot argue as to its use.

Ex adverso On the other side.

Ex aequo et bono According to what is just & good.

Ex all This term signifies that the stock or shares are sold apart from any dividend, bonus, or profit then due.

Ex antecedentibus et consequentibus fit optima interpretatio A passage will be best interpreted by reference to that which precedes & follows it. From what goes before & from what follows & not by reading them or that clause in isolation : KR Ramaswami Rao v Premabai 1988 Kar 116-22 DB per SG Doddakale Gowda J; Provash Chandra Dalui v Biswanath 1989 SC 1834-8.

Ex antecedentibus et consequentibus fit optima interpretatio. . The best interpration is made from antecedents and consequents.

Ex arbitrio judicis From the discretion of the Judge.

Ex assensu patris From the fathers consent.

Ex auditu From hearsay.

Ex bonis Of the goods.

Ex bonis maternis/paternis From the goods inherited through mother/father.

Ex bono et acquo According to good conscience.

Ex capite doli/fraudis On the ground of fraud.

Ex cathedra With official authority.

Ex causa lucrativa By a lucrative title, ie, gratuitously.

Ex certa scientia Of certain knowledge.

Ex comitate By comity or courtesy.

Ex commodato From a loan.

Ex communicati interdicitur omnis actus legitimus, ita quod agere non potest, nec aliquem convenire; licet ipse ab aliis passit conveniri Every legitimate act is forbidden for an excommunicated person so that he cannot act, nor sue any person; but he may be sued by others.

Ex comparatione scriptorum By comparison of handwritings.

Ex concessis In view of what has already been accepted/

Ex confessio By confession.

Ex consultu From consultation.

Ex continenti Immediately.

Ex contractu From contract.

Ex convict A convict who has served out a sentence or has been pardoned.

Ex culpa levissima From the slightest fault.

Ex curia Out of court.

Ex debito justitiae Out of debt to justice; from what is due ofjustice: VC Shukla v St 1980 SC 962-7.

Ex debito naturali From natural obligations.

Ex defectu juris From a defect in right.

Ex defectu sanguinis From a failure of blood.

Ex delicto Out of crime/tort, etc.

Ex delicto non ex supplicio emergit infamia Infamy arises from the crime, not from the punishment.

Ex dem, demissione On the demise.

Ex diuturnitate temporis omnia prµsumuntur rite et solennitec esse acta From length of time (after lapse of time) all things are presumed to have been done in due form.

Ex diuturnitate temporis, amnia praesumuntur solemniter esse acta. From length of time, all things are presumed to have been done in due form.

Ex dolo malo actio non oritur A right of action cannot arise out of fraud.

Ex dolo malo non oritur actio A right of action cannot arise out of fraud.

Ex dolo malo non oritur action. Out of fraud no action arises.

Ex draw Without draw.

Ex empto From purchase.

Ex facie On the fact of it.

Ex facto From an act.

Ex facto jus oritur The law depends on the fact.

Ex facto jus oritur. Law arises out of fact; that is, its application must be to facts.

Ex fictione juris By fiction of law.

Ex gratia Out of kindness, voluntary.

Ex improviso Without preparation.

Ex incontinent Summarily.

Ex integro Anew; afresh.

Ex intervallo After an interval.

Ex jure naturµ By the law of the nature.

Ex justa causa By a just cause.

Ex latere On the side; collateral.

Ex lege/legibus According to law.

Ex licentia regis By the kings licence.

Ex locato From letting/hiring.

Ex malefico Out of misconduct.

Ex malefico non oritur contractus From misconduct no contract can arise.

Ex malificio non oritur contractus. A contract cannot arise out of an act radically wrong and illegal.

Ex mero motu Of mere motion; of ones own accord.

Ex mora debitoris On account of the debtors delay.

Ex more According to custom.

Ex multitudine signorum, colligitur identitas vera. From the great number of signs true identity may be ascertained.

Ex natura rei From the nature of thing.

Ex necessitate By/out of necessity.

Ex new Not including the right to new stock or shares about to be issued.

Ex nihilo nihil fit Out of nothing fits nothing. You can make a thing out of some thing, you cant make it out of nothing: Empire Industries v UOI/ 1986 SC 662 = 1986 Tax LR 1933 = 1985 Supp 1 SCR 292 para 39.

Ex nihilo nil fit From nothing nothing comes.

Ex nudo pacto actio non oritur No action arises on a contract without a consideration.

Ex nudo pacto non oritur actio From a bare agreement & without consideration no action arises.

Ex nudo pacto non oritur action. No actions arises on a naked contract without a consideration.

ex officio by virtue of one's office

Ex pacto illicito non oritur actio From an illegal agreement no action arises.

Ex parte Proceeding brought by one person in the absence of another.

Ex parte materna/paterna On the mothers/fathers side.

Ex paucis From few.

Ex post facto By matter happneing afterwards; from a later act or event.

Ex post facto law An act or statute changing the law as to previous events or contracts.

Ex prµcedentibus et consequentibus optima fit interpretatio The best interpretation is made from the context. Every contract is to be construed with reference to its object & the whole of its terms. The whole context must be considered to ascertain the intention of the parties. The sense & meaning of the parties in any particular part of instruments may be collected ex antecedentibus et consequentibus; every part of it may be brought into action in order to collect from the whole one uniform & consistent sense, if that is possible: Provash Chandra Dalui v Biswanath Banerjee 1989 SC 1834-8 per KN Saikia J. Lord Davey in NE Rly v Hastings 1900 AC 260-7 refd.

Ex prµcogitata malitia Of malice aforethought.

Ex prµmisses From the premises.

Ex praecedentibus et consequentibus optima fit interpretatio The best interpretation is made from things preceding and following.

Ex propria motu Of his own accord.

Ex propria vigore Of his own force.

Ex provisione viri Lands settled on the wife in tail by provision of the husband; or on both husband & wife, by his ancestor.

Ex qua persona quis lucrum capit, ejus factum prµstare debet One who takes gain, profit or advantage on account of a person ought to be answerable for his act or deed.

Ex quasi contractu Arising as if from a contract. From quasi contract.

Ex relatione Of the relation, or information.

Ex rigore juris According to the rigour of law.

Ex scriptis olim visis From writings formerly seen.

Ex ship A sale of goods on shipboard, all the cost & responsiblity of the removal of which falls on the purchaser.

Ex speciali gratia Of special favour.

Ex sua persona In ones own name.

Ex tempore By lapse of time; without preparation.

Ex testamento By will.

Ex tota materia emergat resolutio. The construction or resolution should arise out of the whole subject matter.

Ex transverso Across.

Ex turpi causa non oritur actio No action arises on an immoral cause. Fraud unravels all. The courts will not allow their process to be used, by a dishonest person to carry out a fraud.

Ex turpi contractu non oritur actio No action arises on an immoral contract.

Ex turpi contractu non oritur actio. No action arises on an immoral contract.

Ex una parte From one side.

Ex uno disces omnes. From one thing you can discern all.

Ex utraqu parte On both sides.

Ex vi aut metu By force or fear.

Ex vi termini By the force of the term.

Ex visceribus actus Within the four corners of the Act.

Ex visitatione dei By visitation of God.

Ex visu scriptionis From sight of the writing.

Ex warehouse In a sale of goods ex warehouse, the costs of removing the goods from the warehouse must be borne by the buyer.

Exampla illustrant non restringunt legem Examples illustrate but do no narrow the scope of a rule of law.

Excambium naturaliter vult in se warrantium An exchange naturally creates in itself a warranty.

Excambium non potest esse rerum diversµ qualitatis; neque excambium inter tres parties datur An exchange cannot be of things of a different quality nor is it granted among three parties.

Exceptio ejus rei cujus petitiur dissolutio nulla est. There can be no plea of that thing of which the dissolution is sought.

Exceptio ejus reicujus petitur dissolutio nulla est A plea of that matter the dissolution of which is the object of the action is of no effect.

Exceptio falsi omnium ultima A plea of that which is false is the last of all.

Exceptio falsi omnium ultima. A false plea is the basest of all things.

Exceptio firmat regulam in casibus non exceptis. The exception affirms the rule in cases not excepted.

Exceptio firmat regulam in contrarium Exception affirms the rule to be the other way.

Exceptio firmat regulam in contrarium. The exception affirms the rule in contrary cases.

Exceptio firmat regulam in rebus/casibus non exceptis Exception confirms or strengthens the rule in matters not excepted.

Exceptio nulla est versus actionem quµ exceptionem perimit There is no plea against an action which destroys the subject or matter of the plea.

Exceptio nulla est versus actionem quae exceptionem perimit. There can be no plea against an action which entirely destroys the plea.

Exceptio probat regulam An exception proves the rule.

Exceptio probat regulam de rebus non exceptio. An exception proves the rule concerning things not excepted.

Exceptio qua firmat legem exponit legem An exception which confirms a law expounds the law.

Exceptio quoque regulam declarat The exception also declares the rule.

Exceptio quoque regulam declarat. The exception also declares the rule.

Exceptio semper ultima ponenda est An exception is always to be the last.

Exceptio semper ultima ponenda est. An exception is always to be put last.

Excessite ex ephebis est person He who conies out of his minority becomes legally a person.

Excessivum injure reprebatur Excessus in be qualibet jure, reprobatur communi: Excess in law is reprehended. Excess in anything is reprehended in common law.

Excessus in petita excusatio manifesta fit An excess in seeking an excuse becomes manifest, ie, he who excuses before he is accused, manifests his own guilt.

Excusat aut extenuat delictum in capitalibus quod non operator in civilibus That excuses or extenuates an offence of wrong in capital cases which do not operate similarly in civil cases.

Excusat aut extenuat delictum in capitalibus, quod non operatur idem in civilibus. A wrong in capital cases is excused or palliated which would not be so in civil matters.

Executio est executio juris secundum judicium Execution is the fulfillment of the law in accordance with the judgment.

Executio est finis et fructus legis An execution is the end and the fruit of the law.

Executio juris non habet injuriam or Actus leges nemenem est damnosum Execution of law works no injury.

Executio legis non habet injuriam Execution of the law does no injury

Exempla illustrant non restringunt legem. Examples illustrate and do not restrict the law.

Expedit reipublicµ ne sua requis male utatur It is for the public good that no one uses his property badly.

Expedit reipublicµ ut sit finis litium A question once judicially anwered must be answered in the same way in all subsequent cases, for it is for the public good that there shd be an end to litigation.

Expedit reipublicae ut sit finis litium. It is for the public good that there be an end of litigation.

Expositio quµ ex viceribus causµ nascitur est aptissima et forfissime in lege An exposition which springs from the vitals of cause is the fittest & most powerful in law.

Expressa nocent, non expressa non nocent Things expressed may be prejudicial, things not expressed are not.

Expressa nocent, non expressa non nocent. Things expressed may be prejudicial; things not expressed are not.

Expressa non prosunt, quµ non expressa proderunt Things expressed do no good, things not expressed do no harm.

Expressio eorum quµ tacite insunt nihil operatur The expression of what is tacitly implied is inoperative.

Expressio eorum quae tacite insunt nihil operatur. The expression of those things which are tacitly implied operates nothing.

Expressio unius est exclusio alterius or Expressio unius alterius exclusio or Expressum facit cessare tactium Express mention of one thing implies the exclusion of another.

Expressio unius est exclusio alterius. The expression of one thing is the exclusion of another.

Expressum facit cessare tacitum. What is expressed renders what is implied silent.

Expressum facit cessare taciturn Expression precludes implication. When there is express mention of certain things, then anything not mentioned is excluded.

Expressum servitium regat vel declaret taciturn Let service express rule or declare what is silent.

Exprocedentibus et consequent ibus optima fit interpretatio The best interpretation is made from things preceding & following, ie, the context.

Externus non habet terras; habet res suas et vitam et liberatum A foreigner has no lands; he has his personal effects & life & liberty.

Extinctio subjecto, tollitur adjunctum When the substance is gone, the adjuncts disappear.

Extinguitur obligatio que rite constiteret si in cum casum incident a quo incipere non potuit

An obligation which has been sealed in due form is extinguished if it fall into that state from which it cannot arise.

Extra judicium Out of Court.

Extra jus Beyond the law.

Extra legem Out of the law, or of the laws protection.

Extra legem positus est civiliter mortuus One who is put out of the law, ie, outlawed is civilly dead.

Extra legem positus est civiliter mortuus. One out of the pale of the law, (an outlaw,) is civilly dead.

Extra prµsentiam mariti Out of the husbands presence.

Extra quartor maria Beyond the four seas.

Extra territorium jus dicenti impune non paretur One who exercises jurisdiction out of his territory cannot be obeyed with impunity.

Extra territorium jus dicenti non paretur impune. One who exercises jurisdiction out of his territory is not obeyed with impunity.

Extra viam Out of the road.

Extraneous est subditus qui extra terram A foreigner is one who is born out of the territory.

Extrema potius pati quam turpia facere Extremities are rather to be suffered than to do disgraceful, infamous or scandalous things.

Extremis probatis prµsumuntur media Extremes being proved, those things which fall within or between them are presumed.

Faciendum Something which is to be done

Facilis est lapsus juventutis Youth is very liable to err.

Facinus quos inquinat µquat Guilt makes equal those whom it stains.

Facta probanda Material facts,

Facta sunt potentiora verbis Facts are more powerful than words.

Facta sunt potentiora verbis. Facts are more powerful than words.

Facta tenent multa quµ fieri prohibentur Deeds contain many things which are prohibited to be done.

Facto ad jus non datur consequentia Inference from the fact to the law is not allowed.

Factum An act or deed

Factum a judice, quod ad officium ejus non pertinet, ratum non est An act of a judge which does not pertain to his office is of no force.

Factum cuiqu suum, non adversario nocere debet A mans actions should injure himself, not his adversary.

Factum infectum fieri µquit What is done cannot be undone.

Factum judice quod ad ujus officium non spectat, non ratum est. An act of a judge which does not relate to his office, is of no force.

Factum negantis nulla probatio No proof is incumbent on him who denies a fact.

Factum negantis nulla probatio. Negative facts are not proof.

Factum non dicitur quod non perseverat That is not said to be done which does not last.

Factum non dictur quod non perseverat. It cannot be called a deed which does not hold out or persevere.

Factum probandum Principal fact to be proved.

Factum probans Evidentiary fact from which the principal fact follows.

Factum unius alteri nocere non debet. The deed of one should not hurt the other.

Factum unius alteri noceri non debet The deed of one should not hurt another.

Factum valet quod fieri non debuit Where a fact is accomplished or where the act is done & completed, though in contravention of directory provisions, the fact will stand, & the act shall be deemed to be legal & binding. But where the provisions are mandatory, the principle does not apply. The principle is applied in Hindu law.

Facultas probationum non est angustanda Faculty of proof is not to be narrowed.

Facultas probationum non est angustanda. The faculty or right of offering proof is not to be narrowed.

Faemina ab omnibus officiis civilibus vel publicis remotae sunt. Women are excluded from all civil and public charges or offices

Fait accompli Something accomplished, hence not worth arguing about.

Fait justitia ruat cµlum Let right be done, though the heavens should fall.

Falsa demonstratio non nocet cum de corpore constat Falsa demonstratione legatum non permitur: When the part of document is true &the true part describes the subject with sufficient certainty the part which is false does not vitiate the document.

Falsa demonstratio non nocet. A false or mistaken description does not vitiate.

Falsa grammatica Incorrect or bad grammar.

Falsa grammatica non vitiat concessionem Bad grammar does not vitiate a grant.

Falsa momenta Counterfeit money.

Falsa ortho graphia, sive falsa grammatica, non vitiat concessionem. False spelling or false grammar do not vitiate a grant.

Falsa orthographia non vitiat chartam Incorrect spelling does not vitiate a deed.

Falsa orthographia, sive falsa grammatica, non vitiat concessionem Erroneous or incorrect spelling or ungrammatical expression does not vitiate a grant.

Falsus in uno falsus in omnibus False in one thing is false in everything. This principle does not apply to crl trials, & it is the duty of the court to separate the grain from the chaff. Bheram v St of Har 1980 SC 957. This principle is not to be involved blindly 1974 SC 21 Pr 15: 1957 SC 336. Falsity of testimony in one material particularly would not ruin it from beginning to end. Eye witnesses improved their case at the trial not only highly interested in exaggerating the number of the accd but also shown to have scant regard for truth when their selfish interests so demand(ed), even then the sentence of life imp on 3 out of 6 accd appellants confirmed: Bhimrao v St of Mah 1980 SC

Falsus in uno, falsus in omnibus. False in one thing, false in everything.

Fama est constans virorum bonorum de re aliqua opinio Fame is the constant opinion of good men concerning a thing.

Fama fides, et oculus non patiuntur ludum Fame, plighted faith & eyesight do not endure deceit.

Fama, quµ suspicionem inducit, oriri debet apud bonos et gaves, non quidem malevolos et maledicos, sed providas et fide dighas personas, non semel sed sµpius, quia clamor minuit et defamatio manifestat Report, which includes suspicion ought to arise from good & grave men, not indeed from malevolent & malicious men, but from cautious & credible persons not only once, but frequently; for clamour diminishes & defamation manifests.

Familia A family or household, including servants & all who were under the authority of one master.

Fatetur facinus qui judicium fugit He who flees judgment confesses his guilt

Favorabilia in lege sunt fiscus, dos, vita, libertas Things favourably considered in law are the treasury, dower, life, liberty.

Favorabiliores rei potius quam actores habentur Defenders are held to be in a more favourable position than pursuers.

Favorabiliores sunt executioner aliis processibus quibuscunque Executions are preferred to all other processes whatever.

Favores ampliandi sunt; odia restringenda Favourable inclinations are to be enlarged, animosities restrained.

Fecundation ab extra Impregnating, i.e., procreating a child .from outside, i.e., w/o penetration of penis or sexual intercourse: Manjula v Suresh 1979 Del 93.

Felix qui potuit rerum cognoscere causas Happy is he who has been able to understand the causes of things.

Felo de se A felon with respect to himself; a suicide. Felony: Crimes above misdemeanour & below treason.

Felonia implicatur in qualibet proditione Felony is implied in every treason.

Felonia, ex vi termini, significat quodlibet capitale crimen felleo animo perpetratum Felony by force of the term signifies any capital crime perpetrated with a malignant mind.

Feme covert Married woman.

Feme sole Unmarried woman.

Feminµ non sunt capa ces de publicis officies Females are not able to hold public offices.

Feodum est quod quis tenet ex quancunque causa sive sit tenementum sive reditus A fee is that which any one holds from whatever cause, whether tenement or rent.

Ferµ igitur bestiµ et volucres et pisces, id est, omnia animalia quµ mari, coelo et terra nascuntur simul atque ab alipuo capta fuerint, jure gentium statim

illius esse incipiunt Wild beasts, birds, fishes & all animals either in the sea, the air or on the earth so soon as they are taken by any one immediately become by the laws of nations the property of the captor.

Fera natura Wild nature.

Fere in omnibus p£nalibus judiciis et imprudentiµ succuritur In almost all criminal trials, let allowance be made for youth imprudence.

Festinatio justitµ est loveree infortunii Swift justice is the step mother of misfortune.

Festinatio justitiae est noverca infortunii. The hurrying of justice is the stepmother of misfortune.

Feuda ad instar patrimoniorum sunt redacta Lands held in fee are reduced to the character of a patrimony or succession.

Feudum A fee.

Feudum antiquum An ancient fee.

Feudum apertum An open fee.

Feudum francum A free or frank fee.

Feudum improprium An improper or derivative fee.

Feudum individuum Indivisible or impartible fee descendible to the eldest son alone.

Feudum maternum A maternal fee;

Feudum militare A military fee.

Feudum militis A-knights fee.

Feudum novum A new fee.

Feudum paternum A paternal fee.

Feudum simplex Fee-simple.

Feudum sine investitura nullo modo constitui potest A fee can by no method be created without livery of seisin.

Feudum talliatum A mutilated fee, or inheritance, from which the heirs general were cut off.

Fiat jus ruat justitia Let law prevail, though justice fail.

Fiat justitia Let justice be done.

Fiat justitia ruat caelum. Let justice be done, though the heavens hsould fall.

Fiat prout, fieri consuerit, nil temere novandum. Let it be done as formerly, let nothing be done rashly.

Fictio cedit veritati, fictio juris non est ubi Veritas Fiction yields to truth: where there is truth, fiction of law exists not.

Fictio cedit veritati; fictio juris non est, ubi veritas Fiction yields to truth. Where truth is, fiction of law does not exist.

Fictio est contra veritatem, sed pro veritate habetur Fiction is against the truth but it is to be esteemed as truth.

Fictio est contra veritatem, sed pro veritate habetur. Fiction is aginst the truth, but it is to have truth.

Fictio juris Legal fiction, e.g., a body of individual persons such as a company, a firm, a society, a university, treated in itself as a person.

Fictio juris non est ubi Veritas Where truth is, fiction of law does not exist.

Fictio legis iniquµ operatur alicui damnum vel injuriam A legal fiction does not properly work loss or injury.

Fictio legis neminem lµdit A fiction of law injures no one.

Fictio legis netninem lµdit A legal fiction must injure no one. Fictions are to be made only for necessity, & to avoid mischief.

Fictio legis non operatur damnum vel injuriam A legal fiction does not work loss or injustice: Velayudhan v Aishabi 1981 Ker 185-92 FB.

Fides est obligatio concientiµ alicujus ad intentionem alterius A trust is an obligation of conscience of one to the will of another.

Fides servanda Good faith must be observed.

Fides servanda est Good faith is to be preserved.

Fides servanda est; simiplicitas juris contium prµvaleat Good faith is to be preserved; the simplicity of the law of nations should prevail.

Fieri facias (abreviated fi. fa.) That you cause to be made.

Fieri non debuit sed factum valet It ought not to have been done, but when done, it is binding.

Filiatio non potest probari Filiation cannot be proved.

Filium aquµ Middle of the stream.

Filius son.

Filius constat esse in familia patris et non matris A son appears to be in the family of the father & not of the mother.

Filius in utero matris est pars viscerum matris A son in the mothers womb is part of the mothers vitals.

Filius nullius Son of none: illegitimate child, a bastard.

Filius populi Son of the people; illegitimate child, a bastard.

Finis An end, a termination or limit.

Finis finem litibus imponit A fine puts an end to litigation.

Finis finem litibus imponit. The end puts an end to litigation.

Finis mandatory domini regis per resc ripta sua diligenturniunt observandi The limits of the kings mandates in his rescripts are to be diligently observed.

Finis rei attendedus est The end of a thing is to be attended to.

Finis rei attendendus est. The end of a thing is to be attended to.

Finis talis concordia finalis dicitur eo quod finem imponit negotie, adeo quod neutra pars litigantium, ab eo de cµtero potest recedre A final concord is that by which an end is put to the business from which end neither litigant can recede.

Finis unius diei est principium alterius The end of one day is the beginning of another.

Finis unius diei est principium alterius. The end of one day is the beginning of another.

Firmior et potentior est operatic) legis quam dispositio hominis The operation of law is firmer & more powerful than the will of man.

Firmior et potentior est operatio legis quam dispositio hominis. The disposition of law is firmer and more powerful than the will of man.

Fit fabricando faber The law presumes that a workman becomes an expert by a long continued exercise of his particular vocation.

Flagrante delicto In the very act of committing the crime.

Flumina et protus publica sunt, ideoque jus piscandi omnibus commune est. Rivers and ports are public, therefore the right of fishing there is common to all.

Foeminµ ab omnibus officis civilibus vel publicis remotµ sunt Females are not admissible to public offices.

Foenus nauticum Nautical or maritime interest.

Forma non observata infertur adnullatio actus From not being observed, a nullity of the acts is inferred.

Forma non observata, inferiur adnullatio actus. When form is not observed a nullity of the act is inferred.

Forstellarius est pauperum depressor, et totius communitatis et patriµ publicus inimicus A forestaller is an oppressor of the poor & a public enemy to the whole community & the country.

Forstellarius est pauperum depressor, et totius communitatis et patriae publicus inimicus. A forestaller is an oppressor of the poor, and a public enemy to the whole community and the country.

Fortior est custodia legis quam hominis. The custody of the law is stronger than that of man.

Fortior et potentior est dispositio legis quam hominis The disposition of the law is stronger & more powerful than that of man.

Fortior et potentior est dispositio legis quam hominis. The disposition of the law is stronger and more powerful than that of man.

Fortius sunt foris arma, nisi est consilium domi The strongest arms in the field are weak if there is no wisdom in the council at home.

Forum actoris or rei The forum of the pltfs or the defts domicile.

Forum actus Forum where the act was done.

Forum conscientiµ The forum or tribunal of conscience.

Forum contentiosum Place of litigation.

Forum contractus Forum of the contract: Court of the place where a contract is made.

Forum domesticum A domestic forum or tribunal.

Forum domicilli The forum or Court of the domicile.

Forum ecclesiasticum An ecclesiastical or spiritual Court as distinguished from a secular one.

Forum gestai Place where an act is done, considered as a place of jurisdiction.

Forum ligeantiµ rei or actoris The forum of allegiance of the deft or pltf.

Forum litis motµ or fortuitum The forum where the suit happens to be brought

Forum originis The forum or court of nativity; place of a persons birth considered as a place of jurisdiction.

Forum regium The kings court.

Forum rei or rei sitµ The forum where the property is situated.

Forum sµculare The secular forum as distinguished from the spiritual or ecclesiastical forum.

Forum sequitor reum The court follows the deft.

Fractionem diei non recipit lex The law does not regard a fraction of a day.

Frater fratri uterino non succedet in hµreditate paterna Full brothers succeed in preference to half brothers. A brother shall not succeed a uterine brother in the paternal inheritance.

Fraus est celare fraudem It is fraud to conceal fraud.

Fraus est celare fraudem. It is a fraud to conceal a fraud.

Fraus est odiesa et non est prµsumenda Fraud is odious & cannot be presumed. Courts will not be satisfied with proof, which falls .short of showing that intentional misrepresentation was made with the knowledge of perpetrating fraud.

Fraus est odiosa et non praesumenda. Fraud is odious and not to be presumed.

Fraus et dolus nemini patrocianari debent. Fraud and deceit should excuse no man.

Fraus et dolus nemini patrocinari debent Fraud & deceit should defend or excuse no man.

Fraus et jus nunquam cohabitant Fraud & justice never dwell together.

Fraus latet in generalibus. Fraud lies hid in general expressions.

Fraus meretur fraudem. Fraud deserves fraud.

fructus fruit

Fructus fundi The fruits of land.

Fructus naturales Vegetation which grows naturally without cultivation.

Fructus pecudum The produce of flocks or herds including milk, hair &wool.

Fructus pendentes The fruits of a thing, while united with the thing which produces them.

Fructus pendentes pars fundi videntur. Hanging fruits make part of the land.

Fructus perceptos villae non esse constat. Gathered fruits do not make a part of the house.

Fructus rei alienae The fruits of anothers property.

Fructus separati Separate fruits; the fruits of a thing when they are separated from it.

Frustr est potentia quae numcquam venit in actum. The power which never comes to be exercised is vain.

Frustr feruntur legis nisi subditis et obedientibus. Laws are made to no purpose unless for those who are subject and obedient.

Frustr legis auxilium quaerit qui in legem committit. Vainly does he who offends against the law, seek the help of the law.

Frustr petis quoa statim alteri reddere cogeris. Vainly you ask that which you will immediately be compelled to restore to another.

Frustr probatur quod probatum non relevat. It is vain to prove that which if proved would not aid the matter in question.

Frustra agit qui judicium prosequi nequit cum effectu He in vain sues who cannot prosecute his judgment with effect.

Frustra est potentia quµ nunquam venit in actum That power is to no purpose which never comes into act, or which is never exercised.

Frustra expectatur eventus cujus effectus nullus sequitur An event is vainly expected from which no effect follows.

Frustra feruntur leges nisi subditis et obedientibus Laws are made to no purpose unless for those who are subject & obedient.

Frustra fit per plura, quod fieri potest per pauciora That is done vainly by many which might be accomplished by fewer.

Frustra legis auxilium quµrit qui in legem committit Vainly does he, who offends against the law, seek the help of the law.

Frustra petis quod statim alteri reddere cogeris Vainly you ask that which you will immediately be compelled to restore to another.

Frustra probatur quod probatum non relevat That is proved in vain which when proved is not relevant.

Furiosi nulla voluntas est A mad man has no will.

Furiosus absentis loco est A mad man is considered as absent.

Furiosus absentis loco est. The insane is compared to the absent.

Furiosus solo furore punitur A mad man is punished by his madness alone.

Furiosus solo furore punitur. A madman is punished by his madness alone.

Furor contrahi matrimonium non sinit, quia consensus opus est Insanity prevents marriage from being contracted because consent is needed.

Furtum Theft.

Furtum conceptum Received theft; the offence of receiving stolen goods.

Furtum non est ubi initium habet detentionis per dominium rei It is not theft where the commencement of the detention arises through the owner of the thing.

Furtum non est ubi initium habet detentionis per dominum rei. It is not theft where the commencement of the detention arises through the owner of the thing.

general & a special provision, the latter shall prevail CIT v Shahjada Nand 1966 SC 1342 para 8. General provisions must always yield to the special provision: St of Guj v Ramjibhai 1979 SC 1098 para 26. Special provision should be given effect to the extent of its scope, leaving the general provision to control cases where the special provision does not apply: SI Corp v Secy, Board of Rev 1964 SC 207 para 18. Where there is an apparent conflict between the independent provisions of law, the special provision must prevail : UOI v India Fisheries 1966 SC 35 para 9. A particular or special rule must control or cut down the general rule: Bengal Immunity Co v St of Bihar 1955 SC 661 paras 35 & 167. Also Secy of St v HCI Soc 1931 PC 149 approved in Patna Imp Trust v Lakshmi 1963 SC 1077 -para 12: Oriental F & G Ins Co v Nani Bala Devi 1988 Gau 40-9 = IJR 1987 Gau 11.99 per BL Hansaria J on 5.1.87.

Generale dictum generaliter est interpretandum. A general expression is to be construed generally.

Generale nihil certum implicat. A general expression implies nothing certain.

Generale tantum valet in generalibus, quanium singulare singulis. What is general prevails or is worth as much among things general, as what is particular among things particular.

Generalia praecedunt, specialia sequuntur Things general precede, things special follow.

Generalia specialibus non derogant Things general do not derogate from things special.

Generalia sunt praeponenda singularibus. General things are to be put before particular things.

Generalia verba sunt generaliter intelligenda General words are understood in a general sense. For the sake of brevity, or because the enactment has to deal with a multiplicity of circumstances, the draftsman often uses a broad term. This has the effect of delegating legislative power to the courts and officials who are called upon to apply the enactment. The governing legal maxim is generalia verba sunt generaliter intelligenda (general words are to be understood generally). {3 Co Inst 76.See Examples 78.5, 80.5 and 83.1} It is not to be supposed that the draftsman could have had in mind every possible combination of circumstances which may chance to fall within the literal meaning of general words. [Novartis AG represented by its Power of Attorney Ranjna Mehta Dutt Vs. Union of India (UOI) through the Secretary, Department of Industry, Ministry of Industry and Commerce and Ors. MANU/TN/1263/2007]

Generalia verba sunt generaliter intelligenda. General words are understood in a general sense.

Generalibus specialia derogant Special things derogate from general things. The Court discussed that the learned Counsel for the Respondent also submitted that the general legal principle of statutory interpretation of generalia specialibus non-derogant and generalibus specialia derogant applied. That is, if a special provision is made on a certain matter, that matter is excluded from the general provision. [Ethiopian Airlines Vs. Ganesh Narain Saboo MANU/SC/0975/2011]

Generalis clausula non porrigitur ad ea quµ antea specialiter sunt comprehensa a general clause does not extend to those things which are included in previous special words. The rule of construction of statutes , generalisclausula non porrigitur ad ea quae antea specialiter sunt comprehensa (a general clause does not extend to those things which are included in previous special words), or shortly stated generalibus specialia derogant (special things derogate from general) comes into play. In J. K. C. S. & W. Mills v. State of U. P..MANU/SC/0287/1960 : AIR 1961 SC

1170 their Lordships, recalling the well-known rule of construction that general provitions yield to special provisions observed that this rule is applicable to resolve not only a conflict between the general provision in one Act and the special provision in another Act, but also the conflict between general and special provisions in the same legislative instrumentö [Union of India (UOI) Vs. Shankerlal MANU/MP/0056/1972]

Generalis clausula non porrigitur ad ea quae antea specialiter sunt comprehensa. A general clause does not extend to those things which are previously provided for specially.

Generalis regula generaliter est intelligenda A general rule is to be generally understood.

Gestio pro hµrede Behaviour/conduct as heir by which he renders himself liable for his ancestors debts, as by taking possession of title-deeds, receiving rents, etc.

Gradu mediativo Middle stage.

Grammatica falsa non vitiat chartum False grammar does not vitiate a deed. ôMala grammatica non vitiat chartum. Sed in expositione instrumentorum mala grammatics quoad fieri possit evitanda est - Bad grammar does not vitiate a deed. But in the exposition of instruments, bad grammar, as far as it can be done, is to be avoided.ö [C. Nagamanickaya and Ors. Vs. K. Syamanthakamma and Ors MANU/TN/0305/2012]

Gravius est divinam quam temporalem laedere majestatem It is more serious to hurt divine than temporal majesty.

Hµred de facto Heir from fact; an heir from the deed or act of the ancestor.

Hµreditas nihil aliud est, quam successio in universum jus quod defunctus habuerit The right of inheritance is nothing else than the faculty of succeeding to all the rights of the deceased.

Hµreditas nunquam ascendit An inheritance never ascends.

Hµredum appellatione veniunt hµredes hµredum in infinitum By the title of heirs, come the heires of heires to infinity.

Hµres astratrius An heir in actual possession.

Hµres est aut jure proprietatis aut jure representationis An heir is by right of property, or by right of representation.

Hµres est eadem persona cum antecessore pars antecessoris The heir is the same person as his ancestor, a part of his ancestor.

Hµres est nomen collectivium ôHeirö is a colective name or noun.

Hµres est nomen juris, filius est nomen naturµ Heir is a name of law, son is a name of nature.

Hµres ex asse An heir to the whole estate; a sole heir.

Hµres extraneous A strange or foreign heir.

Hµres factus An heir made by will; a testamentary heir; the person created universal successor by will.

Hµres fidei commissarius A testamentary heir; one appointed by the will of the decedent.

Hµres fiduciarius A fiduciary heir or heir in trust; a person constituted heir to an estate by will in trust for the benefit of another.

Hµres legitimus est quern nuptiµ demonstrant He is a lawful heir whom marriage points out as such; who is born in wedlock.

Hµres minor uno et viginti annis non respondebit nisi in casu dotis A minor heir is not answerable except in case of dower.

Hµres natus A person born heir as distinguished from one made heir.

Hµres necessarius A necessary or compulsory heir. This name was given to the heir when, being a slave, he was named "heir" in the testament, because on the death of the testator, whether he would or not, he at once became free, and was compelled to assume the heirship

Hµres suus A mans own heir; a decedents proper or natural heir. This name was given to the lineal descendants of the deceased.

Habeas corpus That you have the body.

Habemus optimum testem confitentem reum We have the best witness, a confessing defendant.

Haeredem deus facit, non homo God makes the heir, not man.

Haeredem Deus facit, non homo. God and not man, make the heir.

Haereditas ab intestato Succession from an intestate.

Haereditas alia corporalis alia incorporalis Corporalis est, quµ tangi potest et videri; incorporalis quµ tangi non potest nee videri: An inheritance is either corporeal or incorporeal. Corporeal is that which can be touched and seen; incorporeal, that which can neither be touched nor seen

Haereditas est successio in universum jus quod defunctus habuerat Inheritance is the succession to every right which the deceased had.

Haereditas jacens Inheritance in abeyance/expectation. So long as no one had acqired the inheritance, it was termed ôhaereditas jacens;ö and this, by a legal fiction, represented the person of the decedent.

Haeres est alter ispe, et filius est pars patris. An heir is another self, and a son is a part of the father.

Haeres est aut jure proprietatis aut jure representationis. An heir is either by right of property or right of representation.

Haeres est eadem persona cum antecessore. The heir is the same person with the ancestor.

Haeres est nomen juris, filius est nomen naturae Heir is a term of law, son, one of nature.

Haeres haeredis mei est meus haeres. The heir of my heir is my heir.

Haeres legitimus est quem nuptiae demonstrant. He is the lawful heir whom the marriage demonstrates.

Haeris est nomen juris, filius est nomen naturae. Heir is a term of law, son one of nature.

hinc inde on the one hand and on the other

Hoc This.

Hoc intuitu With this expectation.

Hoc loco In this place.

Hoc nominee In this name.

Hoc quidem perquam durum as sed ita lex scripta est Hard may be the law, yet it should be given effect to.

Hoc servalutur quod initio convenient That shall be preserved which is useful in beginning.

Hoc voce Under this word.

Hominum caus jus constitutum est. Law is established for the benefit of man.

Homo vocabulum est naturae; persona juris civilis Man is a term of nature, person of the civil law.

Hostes sunt qui nobis vel quibus nos bellum, decernimus cµteri proditores vel prµdones sunt : Enimies are those with whom we declare war, or who declare it against us; all others are traitors or pirates.

ibid at the same place (used in footnotes for work already cited previously)

Id certum est quod certum reddi potest Certain is that which can be made certain.

Id certum est quod certum reddi potest. That is certain which may be rendered certain.

Id est That is, abbreviated as, i.e.

Id est (i.e) That is.

Id perfectum est quod ex omnibus suis partibus constat. That is perfect which is complete in all its parts.

Id possumus quod de jure possumus We are able to do that which we can do lawfully.

Id possumus quod de jure possumus. We may do what is allowed by law.

Id quod commune est, nostrum esse dicitur That which is common is said to be ours.

Id quod est magis remotum non trahit ad se quod est magis junctum sed contrario in omni casu That which is more remote does not draw to itself that which is nearer.

Id quod nostrum est, sine facto nostra ad alium transferri non potest What belongs to us cannot be transferred to another without our consent.

Id quod nostrum est, sine facto nostro ad alium transferi non potest. What belongs to us cannot be transferred to another without our consent.

Id solum nostrum quod debitis deductis nostrum est That only is ours which remains to us after deduction of debts.

Id tantum possumus quod de jure possumus We can do only that which we can do lawfully.

Id=Idem The same.

Idem The same person or thing.

Idem agens est facere et non prohibere cum possis It is the same thing to do a thing as not to prohibit it when in your power.

Idem agens est non esse et non apparere Not to be & not to appear are the same.

Idem agens et patiens esse non potest To be at once the person acting & the person acted upon is impossible.

Idem agens et patiens esse non potest. One cannot be agent and patient, in the same matter.

Idem est facere, et nolle prohibere cum possis. It is the same thing to do a thing as not to prohibit it when in your power.

Idem est nihil dicere et insufficienter dicere. It is the same thing to say nothing and not to say it sufficiently.

Idem est non probari et non esse; non deficit jus sed probatio What is not proved & what does not exist, are the same; it is not a defect of the law, but of proof.

Idem est non probari et non esse; non deficit jus, sed probatio. What does not appear and what is not is the same; it is not the defect of the law, but the want of proof.

Idem est scire aut scire debere aut potuisse To be bound to know or to be able to know is the same as to know.

Idem est scire aut scire debet aut potuisse. To be able to know is the same as to know. This maxim is applied to the duty of every one to know the law.

Idem nihil dicere et insufficienter dicere est It is the same to say nothing as not to say enough.

Idem non esse et non apparet. It is the same thing not to exist and not to appear.

Idem semper antecedenti proximo refertur Same always relates to the next antecedent.

Idem semper antecedenti proximo refertur. The same is always referred to its next antecedent.

Idem sonans Of the same sound.

Identias vera colligitur ex multitudine signorum True identity is collected from a number of signs

Identitas vera colligitur ex multitudine signorum. True identity is collected from a number of signs.

Ideo consideratum est Used in the body of judgment, means "Therefore it is considered".

Ides 15th day of March, May, July & October, & 13th day of other months.

Ignorantia eorum quµ quis scire tenetur non exusat Ignorance of those things which one is bound to know excuses not.

Ignorantia excusatur, non juris sed facti. Ignorance of fact may excuse, but not ignorance of law.

Ignorantia facti excusat, ignorantia juris non excusat. Ignorance of facts excuses, ignorance of law does not excuse.

Ignorantia facti excusat; Ignorantia juris non excusat Ignorance of fact may excuse, but not ignorance of law.

Ignorantia judicis est calamitas innocentis Ignorance of the judge is misfortune of the innocent.

Ignorantia judicis est calamitas innocentis. The ignorance of the judge is the misforture of the innocent.

Ignorantia juris quod quisque scire tenetur, neminem excusat Ignorance of the law which everyone is bound to know excuses no one.

Ignorantia juris sui non prµjudicat juri Ignorance of ones right does not prejudice the right.

Ignorantia legis neminem excusat. Ignorance of fact may excuse, but not ignorance of law.

Ignorantia prµsumitur ubi scientia non probatur Ignorance is presumed where knowledge is not proved.

Ignorantia terminis ignoratur et ars. An ignorance of terms is to be ignorant of the art.

Ignorare legis est lata culpa To be ignorant of the law is gross neglect.

Ignoratis terminis, ignoratur et ars Terms being unknown, the act also is unknown.

Ignotum per ignotius Explanation more obscure than the thing it explains.

Illud quod alias licitum non est necessitas facit licitum, et necessitas inducit privilegium quod ju That which is not otherwise permitted, necessity allows, and necessity makes a privilege which supersedes the law.

Illud quod alias licitum non est, necessitas facit licitum, et necessitas inducit privilegium quod jure privatur That which is not otherwise lawful, necessity makes lawful & necessity makes a privilege which supersedes the law.

Illud quod alteri unitur extinguitur, neque amplius per se vacare licet That which is united to another is extinguished, nor can it be any more independent.

Imperitia culpae annumeratur. Ignorance, or want of skill, is considered a negligence, for which one who professes skill is responsible.

Imperium in imperio A sovereignty within a sovereignty.

Impersonalitas non concludit nec ligat. Impersonality neither concludes nor binds.

Impotentia excusat legem. Impossibility excuses the law.

Impunitas continuum affectum fribuit delinquenti Impunity offers a continual bait to a delinquent.

Impunitas continuum affectum tribuit delinquenti. Impunity offers a continual bait to a delinquent.

Impunitas semper ad deteriora invitat Impunity always leads to greater crimes.

In µqua manu In equal hand.

In µquali jure In equal right.

In µquali jure melior est conditio possidentis Where equities are equal, law should prevail: When the parties have equal

rights, the condition of the possessor is the better.[ Sailen Krishna v Malik 1989 SC 1596]

In adversum Against an adverse party.

In aedificiis lapis male positus non est removendus. A stone badly placed in a building is not to be removed.

In aequali jure melior est conditio possidentis. When the parties have equal rights, the condition of the possessor is the better.

In alio loco In another place.

In alta proditione nullus potest esse accessorius sed principalis solnmmodo In high treason no one can be an accessory; all are principals.

In alta proditione nullus potest esse acessorius; sed principalis solum modo In high treason no one can be an accessory; but a principal only.

In alternativis electio est debitoris. In alternatives there is an election of the debtor.

In ambigua voce legis ea potius accipienda est significatio, quµ vitio caret, prµsertim cum etiam voluntas legis ex hoc colligi possit In an ambiguous law, that interpretation shall be preferred which is most consonant to equity especially where it is in conformity with the general design of the legislature.

In ambiguis orationibus maxime sententia spectanda est ejus, qui eas protulisset When there are ambiguous expressions, the intention of him who uses them is especially to be regarded.

In ambiguo In doubt.

In Anglia non est interregnum In England there is no interregnum.

In atrocioribus delictis punitur affectus licet non sequatur effectus In more atrocious crimes, the intent is punished though the effect does not follow.

In autre droit In anothers right; in a representative capacity. An executor who sues for a debt due to his testator is said to sue in autre droit.

In bonis defuncti Among the goods of the deceased.

In camera In private

In casu extremµ necessitatis omnia sunt communia In cases of extreme necessity, everything is in common.

In casu extremae necessitatis omnia sunt communia In a case of extreme necessity everything is common.

In civile est nisi tota sententia inspectu, de aliqua parte judicare. It is improper to pass an opinion on any part of a sentence, without examining the whole.

In civilibus ministerium excusat in criminalibus non item In civil matters agency excuses, but not so in criminal matters.

In cognitio Concealing the real identity.

In commodato hµc pactio, ne dolus prµstetur rata non est If in a contract for a loan there is inserted a clause that fraud should not be accounted for, such clause is void.

In commodo haec pactio, ne dolus praestetur, rata non est. If in a contract for a loan there is inserted a clause that the borrower shall not be answerable for fraud, such clause is void

In communi In common.

In conjunctivis oportet utramque partem esse veram In conjunctives each part must be true.

In conjunctivis oportet utramque partem esse veram. In conjunctives each part ought to be true.

In consideratione legis In contemplation of law.

In consimili casu consilile debet esse remedium. In similar cases the remedy should be similar.

In consimili casu, consimili debet esse remedium In similar cases, the remedy should be similar.

In consuetudinibus non diuturnitas temporis sed soliditas raionis est consideranda In customs, not the length of time but the strength of the reason should be considered.

In contractibus, benigna, in testamentis benignior; in restitutionibus, benignissima interpretatio facienda est In contracts, the interpretation or construction should be liberal; in wills more liberal; in restitutions most liberal.

In contractibus, benigna; in testamentis, benignior; in restitutionibus, benignissima interpretatio In contracts, the interpretation or construction should be liberal; in wills, more liberal; in restitutions, more liberal.

In contractibus, tacite insunt quµ moris et consuetudinis In contracts, those things which are of custom & usage are tacitly implied.

In contrahenda venditione, ambiguum pactum contra venditorem interpretandum est In negotiating a sale, an ambiguous agreement is to be interpreted against the seller.

In conventibus contrahensium voluntatem potius quam verba spectari placuit. In the agreements of the contracting parties, the rule is to regard the intention rather than the words.

In conventionibus contrahentium voluntas potius quam verba spectari placuit In agreement, the rule is to regard the intention of the contracting parties rather than their words.

In corpore In substance.

In criminalibus probationes debent esse luce clariores In criminal cases the proofs ought to be cleared than the light.

In criminalibus probationes debet esse luce clariores In criminal cases the proof ought to be clearer than light.

In criminalibus sufficit generalis malitia intentionis cum facto paris gradus In criminal cases a general malice of intention is sufficient with an act of corresponding degree.

In criminalibus sufficit generalis malitia intentionis cum facto paris gradus. In criminal cases a general intention is sufficient, when there is an act of equal or corresponding degree

In criminalibus voluntas reputabitur pro facto In criminal acts, the will be taken for the deed.

In criminalibus, probationes bedent esse luce clariores. In criminal cases, the proofs ought to be clearer than the light.

In cujes rei testimonium In witness whereof.

In curia In the open court.

In curia domini regis, ipse in propria persona jura discernit In the King s Court, the King himself in his own person dispenses justice.

In custodia legis In legal custody.

In damno In damage.

In delicto At fault.

In diem For a day.

In disjunctivis sufficit alteram partem esse veram In disjunctives, it is sufficient if either part be true.

In disjunctivis sufficit alteram partem esse veram. In disjunctives, it is sufficient if either part be true.

In dubiis benigniora prµferenda sunt In doubtful matters, the more favourable are to be preferred.

In dubiis magis dignum est accipiendum In doubtful cases the more worthy is to be taken.

In dubiis magis dignum est accipiendum. In doubtful cases the more worthy is to be taken.

In dubiis non prµsumitur pro testamento In doubtful cases, there is no presumption in favour of the will.

In dubiis non praesumitur pro testamento. In doubtful cases there is no presumption in favor of the will.

in dubio on a doubtful point

In dubio hµc legis constructio quam verba ostendunt In a doubtful case, it is the construction of the law which the words indicate.

In dubio haec legis constructio quam verba ostendunt. In a doubtful case, that is the construction of the law which the words indicate.

In dubio pars melior est sequenda. In doubt, the gentler course is to be followed.

In dubio pars mittior est sequenda In doubt, the gentler course is to be followed.

In dubio pro lege fori In a doubtful case, the law of the forum is to be preferred.

In dubio sequendum quod tutius est In doubt, the safer course is to be adopted.

In dubio, sequendum quod tutius est. In doubt, the safer course is to be adopted.

In eo quod plus sit, semper inest et minus. The less is included in the greater.

In eo, quod plus sit, semper inest et minus The less is always included in the greater.

In equity In a court of equity; through proceedings in equity.

In esse In existence.

In excambio In exchange.

In exitu In issue.

In expositione instrumentorum mala grammatica, quod fieri potest, vitanda est

In the construction of instruments, bad grammar is to be avoided as much as possible.

In extenso At full length.

In extremis Near death; about to die.

In fact, Art 20(1) is on the same lines. It prohibits conviction or sentence under an ex post facto law. [Shio Bahadur Singh v St of VP 1953 SC 394 Ashok v St of UP 1987 All 235.]

In facto In fact, indeed.

In facto quod se habet ad bonum et malum magis de bona quam de malo lex intendit In a deed which may be considered good or bad, the law looks more to the good than to the bad.

In facto quod se habet ad bonum et malum magis de bono quam de malo lex intendit. In a deed which may be considered good or bad, the law looks more to the good than to the bad

In favorabilibus magis attenditur quod prodest quam quod nocet In things favoured, what does good is more regarded than what does harm.

In favorabilibus magis attenditur quod prodest quam quod nocet. In things favored what does good is more regarded than what does harm.

In favorem libertatis In favour of liberty.

In favorem vitµ In favour of life.

In favorem vitµ libertatis et innocentiµ ominia prµsumuntur In favour of life, liberty & innocence all things are to be presumed.

In fictione juris, semper subsistit aequitas. In a fiction of law, equity always subsists.

In fictione legis aequitas existit A legal fiction is consistent with equity.

In fieri In the course of accomplishment.

In flagrante delicto In the very act of committing a crime.

In forma pauperis In the form of a pauper/ an indigent person.

In foro conscientiµ In the tribunal of conscience; in a court of equity.

In foro conscientiae In the forum of conscience.

In foro ecclesiastico In the ecclesiastical Court.

In foro sµculari In a secular Court.

In fraudem legis In fraud of the law.

In futoro In the future.

In futuro In the future.

In generalibus versatur error Error dwells in general expressions.

In genere quicumque aliquid dicit, sive actor sive reus nee esse est ut probat In general, whoever alleges anything whether as plaintiff or as defendant, must prove it.

In gremoi legis Under the protection of law.

In gross Not appendant or appurtenant to any land, but personal, e.g., easement in gross.

In hµredes non solent transire actiones quµ pµnales ex maleficio sunt Penal actions arising from anything of a criminal nature do not pass to heirs.

In his enim quµ sunt favorabilia animµ quamiais sunt damnosa rebus, fiat aliquando extentio statuti In things that are favourable to the spirit, though injurious to property, an extension of the statute should sometimes be made.

In his quµ de jure communi omnibus conceduntur consuetudo alicujus partiµ vel loci non est allegenda In those things which by common right are conceded to all, the custom of a particular country or place is not to be alleged.

In hoc In this.

in hoc statu in this state of matters; at this stage

In hunc modum In this manner.

In infinitum Without limit.

In initio In the beginning.

In integrum Anew.

In invidiam To excite prejudice.

In invitum Against a persons will.

In judiciis minori µtati succurritur In judl proceedings, infancy is favoured.

In judiciis minori aetati sucuritur. In judicial proceedings, infancy is aided or favored.

In judicio In Court.

In judicio non creditur nisi juratis In law, no one is credited unless he is sworn.

In judicio non creditur nisi juratis. In law none is credited unless he is sworn. All the facts must when established, by witnesses, be under oath or affirmation.

In jure In law; in right.

In jure non remota causa, sed proxima spectatur In law, the proximate & not the remote cause is to be regarded.

In jure proprio In ones own right.

In limine At the outset, on the threshold

In litem In or during the litigation.

In loco In the place.

In loco parentis In place of the parent

In majore summ continetur minor. In the greater sum is contained the less.

In majore summa continetur minor In the greater sum is contained the less.

In majorem cautelam In greater caution.

In maleficiis voluntas, non exitus, spectatur In offences, the intention is regarded, not the event.

In maleficio ratihabitio mandato comparatur In a tort, ratification is equivalent to authority.

In maleficio ratihabitio mandato comparatur. He who ratifies a bad action is considered as having ordered it.

In maxim potenti minima licentia. IN the greater power is included the smaller license.

In maxima potentia minima licentia In the greatest power there is the least liberty.

In media res Into the heart/middle of the matter.

In medio In the enjoyment of no one: Sarada v Khirod 1983 Ori 155.

In memorium In memory of.

In mercibus illicitis non sit commercium There should be no commerce in illicit goods.

In mercibus illicitis non sit commercium. NO commerce should be in illicit goods.

in modo probationis in the way of proof

In mora In delay; in default.

In mortua manu In a dead hand.

In novo casu novum remedium apponendum est In a new case a new remedy is to be applied.

In nubibus In the clouds; in abeyance.

In nullius bonis In the good of no one.

In obscuris inspici solere quod verisimilius est, aut quod plerumque fieri solet Where there is obscurity, we usually regard what is probable or what is generally done.

In obscuris quod minimum est sequimur In obscure cases, we follow that which is least so.

In obscuris, quod minimum est, sequitur. In obscure cases, the milder course ought to be pursued.

In odium spoliatoris omnia prµsumuntur All things are presumed against a wrong doer.

In odium spoliatoris omnia praesumuntur. All things are presumed in odium of a despoiler.

In omni actione ubi duµ concurrunt disrictiones videlicet in rem et in personam illa districtio tenenda est quµ magis timetur et magis ligat In every action where two distresses concur, that is in rem, & in personam that is to be chosen which is most dreaded & which binds most firmly.

In omni re nascitur res quµ ipsam rem exterminat In every thing, the thing is born which destroys the thing itself.

In omni re nascitur res quae ipsam rem exterminat In everything is born that which destroys the thing itself.

In omnibus In every respect.

In omnibus contractibus, sive nominatis sive innominatis, permutatio continetur In every contract, whether nominate or innominate, there is implied an exchange, a consideration.

In omnibus contractibus, sive nominatis sive innominatis, permutatio continetur. In every contract, whether nominate or innominate, there is implied a consideration.

In omnibus obligationibus, in quibus dies non ponitar, praesenti die debutur. In all obligations when no time is fixed for the payment, the thing is due immediately

In omnibus obligationibus, in quibus dies non ponitur, prµsenti die debetur In all obligations, when no time is fixed for the performance, the thing is due immediately.

In omnibus p£alibus judiciis et µtati et imprudentiµ succuritur In all trials for penal offences, allowance is made for youth & lack of discretion.

In omnibus quidem, maxim tamen in jure, aequitas spectanda sit. In all affairs, and principally in those which concern the administration of justice, the rules of equity ought to be followed

In omnibus quidem, maxinie tamen in jure, µquitas spectanda sit In all affairs indeed, but principally in those which concern the administration of justice, equity shd be regarded.

In pµnalibus causis benignius interpretandum est In penal cases, the more favourable interpretation is to be made.

In pace dei et regis In the peace of God & the King.

In pais Out of Court.

In pari causa In a similar case; under like conditions.

In pari causa possessor potior est. In an equal case, better is the condition of the possessor.

In pari causa possessor potior haberi debet. When two parties have equal rights, the advantage is always in favor of the possessor.

In pari delicto In equal fault. When a party very much conscious of the illegal nature of the contract entered into it, doctrine of *** shall always come into play where both the parties knowingly enter into a contract which is against public policy or the law. No party can be permitted to retract from the contract: [Ramswarup Pd v Budhdeo Jagannath v Gopal Pd 1983 Pat 50.]

In pari delicto melior est conditio possidentis. When the parties are equally in the wrong, the condition of the possessor is better.

In pari delicto potior est conditio defendanti No court will lend its aid to a man who founds his cause of action on an immoral or an illegal act. If, from the plaintiffÆs own standing or otherwise, the cause of action appears to arise ex turpi causa; or the transgression of a positive law of this country, there the court says that he has no right to be assisted [Dalchand v Babu Ram 1981 All 335-40.]

In pari delicto potior est conditio possidentis When the parties are equally in the wrong the condition of the possessor is better.

In pari materia On the same subject; in the similar case/material/matter/ position. [Dr Baliram Hiray v Mr Justice B Lentin 1988 SC2267-79]

In pari passu On equal footing.

In patiendo In suffering; in permitting.

In pendente In suspense.

In perpetuity/perpetuum For ever.

In perpetuum rei testimonium In perpetual testimony of the thing.

In person Personally.

In personam Against the person.

In pios usus For religious use.

In plena lumine In full light; in daytime.

In plena vita In full life.

In pleno In full.

In posse In possibility; in potentiality: [T Rangaswami v T Aravindammal 1957 Mad 243]

In posterum In future.

In prµparatoriis ad judicium favetur actori In things preparatory before trial, the plaintiff is favoured.

In prµsenti At present.

In prµsentia majoris cessat potentia minoris In the presence of the major, the power of the minor ceases.

In praesentia majoris potestatis, minor potestas cessat. In the presence of the superior power, the minor power ceases.

In pretio emptionis et venditionis naturaliter licet contrahentibus se circumvenire In the price of buying & selling, it is naturally allowed to the contracting parties to overreach each other.

In primis In the first place.

In principio In the beginning.

In promptu In readiness.

In propri cuus nemo judex. No one can be judge in his own cuase.

In propria causa nemo judex No one can be a judge in his own cause.

In propria persona In ones own person or behalf.

In proximo gradu In the next, or nearest, degree.

In quo quis delinquit in eo de jure estpuniendues In whatever thing one offends, in that he is rightfully to be punished.

In re In the matter/transaction of.

In re aliena In anothers affair or property.

In re communi neminem dominorum jure facere quicquam, invito altero, posse One coproprietor can exercise no authority over the common property against the will of the others.

In re dubia benigniorem interpretationem sequi non minus justice est, quam tutis In a doubtful case, to follow the milder interpretation is not less the more just than it is the safer course.

In re dubia magis infitiatio quam affirmatio intelligenda In a doubtful matter, the negative is to be understood rather than the affirmative.

In re lupanari, testes lupanares admittentur In a matter concerning brothel, prostitutes are admitted as witnesses.

In re pari potiorem causam esse prohibentis constat Where a thing is owned in common, it is agreed that the cause of him prohibiting is the stronger.

In re propria In ones own business.

In re propria iniquum admodum est alicui licentiam tribuere sentential It is extremely unjust that anyone should be judge in his own cause.

In rebus In matters/transactions.

In rebus manifestis errat qui actoritates leguni allegat; quia perspicua vera non sunt probanda He errs who alleges the authorities of law in things manifest, because obvious truths need not be proved.

In rem Against the King; against the property, not against a person.

in rem suam to one's own advantage

In repropri iniquum admodum est alicui licentiam tribuere sententiae. It is expremely unjust that any one should be judge in his own cause.

In republica maxime conservanda sunt jura belli In the State, the laws of war are to be especially observed.

In restitutionem non in pµnam lucres succedit The heir succeeds to the restitution, not the penalty.

In restitutionem, non in paenam haeres succedit. The heir succeeds to the restitution not the penalty.

In restitutionibus benignissima interpretatio facienda est The most favourable construction is to be made in restitutions.

In restitutionibus benignissima interpretatio facienda est. The most favorable construction is made in restitutions.

In reum natura In the nature of things.

In rixa In quarrel.

In satisfactionibus non permittitur amplius fieri quam semel factum est In payments, more must not be received than has been received once for all.

In scaccario In the exchequer.

In scrinio judicis Among the judges notes, i.e., not the record.

In situ In its place.

In solido/solidum As a whole; for the whole sum; jointly & severally.

in solidum for the whole sum

In solo In the soil; on the land.

In solutum In payment.

In specie In kind.

In status quo In the same state.

In status quo ante bellum/fuit In the state in which it was before the war.

In stipulationibus cum quµritur quid actum sit verba contra stipulatorem interpretanda sunt In contracts, when the question is what was agreed upon, the terms are to be interpreted against the party offering them.

In stipulationibus id tempus spectatur quo contrahimus In agreements, reference is had to the time at which they were made.

In stirpes According to branches/roots.

In stricto jure In strict law.

In summa On the whole.

In suo quisque negotio hebetior est quam in aileno Everyone is more dull in his own business than in that of another.

In suo quisque negotio hebetior est quam in alieno. Every one is more dull in his own business than in that of another.

In superficie Superficially.

In suspenso In suspense.

In terrorem As a warning or deterrent.

In terrorem populi To the terror of the people.

In testamentis plenius testatoris intentionem scrutamur In wills we seek diligently the intention of the testator.

In testamentis plenius voluntates testantium interpretantur In testaments, the will of the testator should be liberally construed.

In testamentis ratio tacita non debet considerari sed verba solum spectari debent; adeo per divinationem montis a verbis recedre durum est In wills, an unexpressed meaning ought not to be considered but the words alone ought to be looked to.

In testimonium In testimony or witness whereof.

in toto in total, in full

In toto et pars continetur A part is included in the whole.

In toto et pars continetur. A part is included in the whole.

In traditionibus chartarum non quod dictum sed quod factum est inspicitur In the delivery of deeds, not what was said but what was done must be looked at.

In transition In transit; on way or passage.

In transitu During the transit or removal from one place to another.

In utero matris In the mothers womb.

In ventre sa mere In the mothers womb. A child in ventre sa mere is considered as born.

In verbis non verba sed res et ratio quµrenda est In words, not the words but the things & meaning are to be inquired into.

In verbis, non verba sed res et ratio quaerenda est In words, not words, but the thing and the meaning are to be inquired into.

In vita In life.

In vocibus videndum non a quo sed ad quid sumatur In discourses it is to be considered, not from what, but to what, it is advanced.

Incendium µre alieno non exuit debitorem A fire does not exonerate a debtor from debt.

Incerta Uncertain.

Incerta pro nullis habentur Things uncertain are held for nothing.

Incerta pro nullius habentur. Things uncertain are held for nothing

Incerta quantitas vitiat acium. An uncertain quantity vitiates the act.

Incerta quantitas vitiat actum An uncertain quantity vitiates the thing.