CLLC1514 Final Written Assessment History Scope

Flashcards covering Foundational Legal Maxims (Regulae Iuris), Courtroom Procedure, Property Law, Criminal Law, and Roman historical/calendar terms from the CLLC1514 lecture scope.

Regulae iuris

"Rules of law"; these are maxims that briefly describe how a thing is, reflecting the existing legal order rather than creating new law.

Praecepta iuris

Foundational ethical principles of law, consisting of the Tria Praecepta (Three Precepts).

Honeste vivere

To live honestly or honourably; one of the Tria Praecepta.

Alterum non laedere

Not to harm another person; the cornerstone of the Law of Delict and one of the Tria Praecepta.

Suum cuique tribuere

To give each their own or their due; the core definition of justice and one of the Tria Praecepta.

Audi alteram partem

"Hear the other side"; a pillar of natural justice ensuring a fair hearing and the opportunity to respond to evidence.

Nemo iudex in sua causa

"No one should be judge in their own case"; the rule against bias requiring decision-makers to be impartial.

Iura novit curia

"The court knows the law"; the principle that parties do not need to prove the applicable law as the court applies it independently.

Da mihi factum, dabo tibi ius

"Give me the facts, I shall give you the law"; establishes that parties prove the facta (facts) while the judge applies the ius (law).

Pacta sunt servanda

"Agreements must be honoured"; the principle that contracts are binding.

Stare decisis

"To stand by things decided"; the doctrine of precedent where courts are bound by previous decisions.

Ignorantia iuris non excusat

"Ignorance of the law is no excuse".

Ubi ius, ibi remedium

"Where there is a legal right, there must be a legal remedy".

Ad impossibilia nemo tenetur

"No one is obliged to do the impossible"; performance must be physically possible.

Ex dolo malo non oritur actio

"No action arises from fraud"; fraud vitiates all contracts.

Actio personalis moritur cum persona

"A personal action dies with the person".

Iustitia nemini neganda est

"Justice is to be denied to no one".

Iudicis est iudicare secundum allegata et probata

"It is the judge's duty to decide according to what is alleged and proved".

De minimis non curat lex

"The law does not concern itself with trifles".

Iudex

Judge; a judicial officer in South African courts.

Advocatus

Advocate; practitioners at the Bar.

Accusator

Accuser or Prosecutor; comparable to the State in criminal trials.

Reus

Accused or Defendant in a criminal context.

Coram iudice

"Before the judge"; refers to formal court proceedings.

In camera

"In private"; refers to a closed court for sensitive matters.

In absentia

"In the absence of"; proceedings conducted without the physical presence of a party.

Ex parte

A "one-sided" application, common in urgent matters.

Locus standi

"Legal standing"; the requirement to have a sufficient interest to bring a case.

Lis pendens

"Pending litigation"; used to prevent duplicate legal proceedings.

In limine

A "preliminary point" raised before the merits of a case are heard.

De novo

To hear a matter "afresh".

Ratio decidendi

The "reason for the decision"; the binding part of a judgment.

Obiter dictum

An "incidental remark"; a persuasive but non-binding statement.

Litis contestatio

"Joining of issues"; marks the close of pleadings when issues are finalised.

Indefensus

An "undefended party" who fails to appear or make a defence.

Argumentum ad hominem

An attack directed against the person rather than their argument.

Argumentum ad rem

An argument directed to the matter at hand (preferred in law).

Argumentum ex causa / ex persona / ex negotio

Reasoning from the cause, the person, or the transaction.

Onus probandi

The "burden of proof"; the duty to prove an allegation.

Affirmanti non neganti incumbit probatio

The burden of proof lies on the one who asserts, not on the one who denies.

Prima facie

"At first face"; evidence sufficient to establish a fact unless rebutted.

Viva voce

Evidence given orally in court.

Dominium

Legal ownership; the comprehensive real right to use and dispose of property.

Possessio

Possession; physical control of property with the intention to hold it.

Nemo plus iuris transferre potest…

"No one can transfer more rights than they possess"; known as the "golden rule" of property law.

Nemo dat quod non habet

"No one gives what they don't have".

Rei vindicatio

An owner’s legal action to recover possession from an unlawful possessor.

Caveat emptor

"Buyer must beware"; the purchaser accepts the risk of defects unless a warranty exists.

Actio quanti minoris

A legal claim for a reduction of the purchase price due to defects.

Actio redhibitoria

A claim for the cancellation of a sale and full return of goods.

Bona fide

"In good faith"; the absence of fraud or malicious intent.

Mala fide

"In bad faith"; dishonest or fraudulent intent.

Pro rata (parte)

Proportional allocation according to a specific share.

Pro tanto

"To that extent"; a partial discharge of an obligation.

Actus reus

The physical act or unlawful conduct that constitutes a crime.

Mens rea

The "guilty mind"; the intention or knowledge of wrongdoing.

Actus non facit reum, nisi mens sit rea

"An act does not make a person guilty unless accompanied by a guilty mind".

Culpa

Fault or negligence; the failure to meet the required standard of care.

Dolus

Intent; intentional wrongdoing or the will to commit an act.

Animus furandi

The "intention to steal"; required to prove theft.

Animus testandi

The intention to make a will.

Crimen

A criminal offence punishable by the state.

Crimen iniuria

The unlawful and intentional violation of another's dignity.

Homicidium

Unlawful killing.

Particeps criminis / Socius criminis

A participant or accomplice in a crime.

In flagrante delicto

"Caught in the act" of committing an offence; red-handed.

Locus delicti

The place where a crime occurred.

Lex

Written law or specific statutes.

Ius

The broader abstract concept of law, justice, and legal rights.

Res judicata

"A matter already judged"; once decided, it cannot be re-litigated by the same parties.

Ultra vires

"Beyond the powers"; acts by officials exceeding their legal authority.

Void ab initio

Invalid from the very beginning.

Expressio unius est exclusio alterius

"Express mention of one thing implies the exclusion of another".

Primus inter pares

"First among equals".

Ex officio

"By virtue of office"; authority derived from a primary position.

Mutatis mutandis

"With necessary changes having been made".

Status quo

The present state of affairs.

Status quo ante

The state of affairs before a specific event.

Ex lege

Arising from law.

Ex gratia

Given as a favour without legal obligation.

Per se

In itself; intrinsically.

Nasciturus

An unborn child regarded as born if it is to their legal benefit.

Rebus sic stantibus

The principle that contracts are binding only while circumstances remain the same.

Numerus clausus

A "closed list" of legally recognised real rights.

Functus officio

An official who has exhausted their authority after making a final decision.

Fideicommissum

A legal mechanism where property passes to a beneficiary subject to passing it to another later.

Corpus Iuris Civilis

The "Body of Civil Law" compiled by Emperor Justinian.

Kalendae

The $1^{\text{st}}\text{ day}$ of the Roman month (New Moon); the day debts were "called up" (kalêo).

Kalendarium

Originally an account book used to record debts and interest.

Nonae

The $5^{\text{th}}\text{ or }7^{\text{th}}\text{ day}$ of the month (First Quarter Moon).

Idus

The $13^{\text{th}}\text{ or }15^{\text{th}}\text{ day}$ of the month (Full Moon).

Idibus Martiis

"The Ides of March" ($15\text{ March }44\text{ BCE}$), the day Julius Caesar was assassinated.

Ab Urbe Condita (AUC)

"From the founding of the city" ($753\text{ BCE}$).

Annus Confusionis

"Year of Confusion"; refers to $46\text{ BCE}$ which had $445\text{ days}$.

Veni, Vidi, Vici

"I came, I saw, I conquered"; Caesar's message to the Senate after the Battle of Zela.

Ad Kalendas Graecas

"At the Greek calends"; ironically means "never".

Numeri Cardinales

Cardinal numbers (ūnus, duo, trēs, quattuor, quīnque, sex, septem, octō, novem, decem, centum, mīlle).

Numeri Ordinales

Ordinal numbers (prīmus, secundus, tertius, quārtus, quīntus, sextus, septimus, octāvus).