Why Are Law Terms in Latin

In addition to mastering complex legal concepts, supporting the Socratic method, learning how to describe and process legal writing, law school requires you to learn a completely new vocabulary. Learning the language of law is a real obstacle that cannot be overlooked simply because it is not covered in the curriculum. To add a level of difficulty, some of the terms you come across when reading your cases aren`t even in English. Smart law students are usually experts in contextual clues, so the use of many of these terms may already be familiar to you, even if you`ve never searched for translation. But there`s a lot to learn about osmosis in law school – don`t struggle with those Latin terms if a simple translation could eliminate a stumbling block! This article gives you 15 Latin legal terms that are common but rarely translated or discussed. Without further ado – And although I couldn`t justify putting the following term on the list of common Latin terms, I owed my favorite – hello – maybe a phonetic pronunciation can be provided for Latin terms? Thank you for the site. It is a Latin term used in health and safety law, but I do not remember it. This means that the person should have learned it when they were growing up. (e.B. Parents teach their children how to cross the road, so someone shouldn`t be able to complain if they go out on the street without looking (or with their eyes closed) and being hit by a car. Can you please tell me what that Latin phrase is? These terms serve only as the tip of the Latin iceberg in the legal world, but they are an introduction for those coming to the criminal justice system for the first time.

For criminal justice students, this is a list that will only grow over time. Students looking for a career in criminal justice come across Latin legal terms that go beyond those that all viewers of crime series are already familiar with – alibi, for example – and a little deeper into the legal field. Inter vivo trust – a trust created by a letter (declaration of trust) that begins at that time while the Creator (called Trustee or Settlor) is alive, sometimes referred to as ”living trust”. The assets are then placed in trust with a trustee (often the trustee during his lifetime), and the distribution is made on the trustee`s terms – perhaps both during the trustee`s lifetime and after the trustee`s death. This is different from a testamentary trust, which is created by the terms of a will and places certain assets of the deceased`s estate in a trust that exists from the date of death until full distribution, and we will certainly keep this in mind for future Latin content. Nice to enjoy! Habeas corpus refers to several common law writs issued to bring a party before a court or judge. The U.S. Constitution also grants citizens the right to file a habeas corpus arrest warrant as protection from unlawful detention. This term is often used in case names, e.B. In re Estate of Jones. in loco parentis – Latin for ”instead of a parent” or ”instead of a parent”, this term refers to a foster parent, a district care authority or a boarding school that cares for a minor, including the protection of his or her rights. A subpoena is a statement of claim that orders a person named in it to appear in court on pain of non-appearance.

terrorem clause – Latin for ”in fear,” a provision in a will that threatens that if someone questions the legality of the will or part of it, that person will be cut off or receive only one dollar instead of receiving the full gift provided in the will. The clause is designed to discourage beneficiaries from causing a legal outcry after the author of the will leaves. However, if the will is challenged and found to be invalid (due to a lack of mental capacity, undue influence or a failure to execute it properly), such a clause also fails. A potential challenger therefore tries his luck. The courts have held that the mere claim of a claim for funds owed by the estate does not constitute a legal challenge to the will itself and is permissible without losing the gift. ex parte – Latin meaning ”for a party” and refers to applications, hearings or orders issued on application and solely for the benefit of a party. This is an exception to the basic rule of court proceedings that both parties must be present at any argument before a judge, and to the otherwise strict rule that a lawyer cannot notify a judge without first notifying the opposition. Qui tam pro domino rege quam pro se ipso in hac parte sequitur – who sues both for the king and for himself in this case *All translations are taken from Black`s Law Dictionary (9th ed. 2009). An affidavit is an affidavit that is filed with the court.

For example, the written account of events by a law enforcement officer, witnesses or victims of a crime. Mandamus – ”we command” (man-dame-us) n. a writ (more recently called a ”writ of warrant”) that orders a public authority or government agency to take an act prescribed by law if it has neglected or refused to do so. nisi prius – Latin for ”unless first”, in some jurisdictions it means the original court of first instance that heard a case that was different from a court of appeal, as in the tribunal nisi prius. ”Court of First Instance” is often replaced by the term nisi prius. in personam – Latin for ”directed to a specific person”. In a dispute where the case is directed against a particular person, that person must receive a subpoena and a complaint to give the court jurisdiction to hear the case, and the judgment applies to that person and is called an ”in personam judgment.” In personam differs from in rem, which applies to the property or the ”whole world” instead of a specific person. This technical distinction is important in determining where to sue and how to serve a defendant.

In personam means that a judgment against the person can be enforceable wherever he or she is. On the other hand, if the action seeks to determine the ownership of property (in rem), the action must be brought where the property exists and is enforceable only there. non compos mentis – refers to a person who is mentally ill or mentally unable to manage their affairs. qui tam – a lawsuit from Latin for ”who also”, a lawsuit brought by a private citizen (commonly referred to as a ”whistleblower”) against a person or company suspected of violating the law in the performance of a contract with the government or in a violation of a state regulation, if there is a law, which provides for a penalty for such violations. Qui-Tam`s lawsuits are filed for ”the government as well as the plaintiff.” In a lawsuit that tam, the plaintiff (the person bringing the lawsuit) is entitled to a percentage of the penalty recovery (which may include significant amounts for breach of contract) as a reward for disclosing the misconduct and recovering funds for the government. Sometimes the federal or state government intervenes and becomes a party to the lawsuit to ensure success and be part of the negotiations and conduct of the case. This type of action is usually based on material violations involving fraudulent or criminal acts, and not on technical violations and/or errors. in limine – Latin for ”on the threshold”, which refers to a request before the start of a trial. A request for the removal of illegally obtained evidence is such a request. I have a British legal opinion from 1917 which uses the expression ”oy-pres” as follows: ”A scheme for the oy-pres application of the product and the endowment fund”. quantum meruit – Latin for ”as far as he earned”, the real value of the services provided. Quantum Meruit determines the amount to be paid for the services if there is no contract or if there are doubts about the amount due for the services paid, but in circumstances where payment could be expected.

This may include emergency assistance from a doctor, legal work in the absence of a contract, or assessing the amount owed if external forces result in the unexpected termination of employment. If a person brings an action for payment for services in such circumstances, the judge or jury will calculate the amount due based on time and the rate of pay or usual expenses, based on the quantum meruit, implying that a contract exists. A unilateral decision of a judge is a decision made without the presence of all parties. It may also refer to inappropriate contact between a party and a judge or party. de novo – Latin for ”new”, which means starting from scratch, as in a de novo essay. Litigants are those who represent themselves before the courts without a lawyer. ad valorem adj. Latin for ”value-based,” which applies to property taxes based on a percentage of the county`s assessment of the value of the property. corpus delecti – body of crime.. .