Legal Terms and Phrases

Flashcards for understanding common legal terms and phrases.

A fortiori

With stronger reason; even more so.

A priori

From what comes before; based on prior assumptions.

Ab initio

From the beginning.

Acta exteriora indicant interiora secreta

External actions reveal internal intentions.

Actus non facit reum nisi mens sit rea

An act does not make a person guilty unless the mind is guilty.

Actus reus

Guilty act; the physical component of a crime.

Ad colligenda bona

To collect the goods (of a deceased person’s estate).

Ad hoc

For this purpose; created for a specific case.

Ad idem

To the same thing; in agreement.

Ad infinitum

To infinity; without limit.

Ad litem

For the suit; appointed for a specific legal action.

Ad valorem

According to value (e.g., taxation based on value).

Alibi

Elsewhere; a defense of being in another place at the time of a crime.

Amicus curiae

Friend of the court; a neutral party offering advice.

Animus nocendi

Intention to harm.

Audi alteram partem

Hear the other side; a principle of fairness.

Bona fide

In good faith; genuine.

Bona vacantia

Ownerless goods; property without an owner.

Caveat Emptor

Let the buyer beware.

Certiorari

To be informed; a writ to review a lower court’s decision.

Ceteris paribus

All other things being equal.

Cogitationis poenam nemo patitur

No one is punished for their thoughts.

Compos mentis

Of sound mind.

Corpus delicti

Body of the crime; evidence a crime occurred.

Cui bono

Who benefits? (Used to determine motive).

Damnum sine injuria

Damage without legal injury.

De facto

In fact; existing in reality, regardless of law.

De jure

By law; legally recognized.

De minimis

Of the smallest; too trivial to merit consideration.

De novo

Anew; starting from the beginning.

Dictum

A statement or remark, often non-binding, in a judicial opinion.

Doli incapax

Incapable of deceit; presumed inability to form criminal intent.

Dominus litis

Master of the suit; the party controlling a case.

Dura lex, sed lex

The law is harsh, but it is the law.

Ejusdem generis

Of the same kind; a rule of statutory interpretation.

Ergo

Therefore.

Ex aequo et bono

According to what is equitable and good.

Ex gratia

Out of kindness; a payment made without obligation.

Ex parte

On one side; done for one party only.

Ex post facto

After the fact; retroactive law.

Expressio unius est exclusio alterius

The expression of one thing excludes others.

Fiat justitia

Let justice be done.

Fidei commissum

A trust; property held for another’s benefit.

Forum non conveniens

Inconvenient forum; a court not suitable for a case.

Functus officio

Having performed the duty; no longer having authority.

Habeas corpus

You shall have the body; a writ to challenge unlawful detention.

Ignorantia juris non excusat

Ignorance of the law is no excuse.

In camera

In private; a proceeding held outside public view.

In flagrante delicto

In the act of committing a crime.

In forma pauperis

As a poor person; allowed to proceed without court fees.

In limine

At the threshold; a motion made before a trial begins.

In loco parentis

In the place of a parent; acting as a guardian.

In pari delicto

In equal fault; both parties are equally culpable.

In personam

Against a person; a legal action targeting an individual.

In rem

Against a thing; a legal action targeting property.

In situ

In its original place.

Inter alia

Among other things.

Inter vivos

Between the living; a transfer during life.

Intra vires

Within the powers; acting within legal authority.

Ipso facto

By the fact itself; as a direct consequence.

Jus cogens

Compelling law; a peremptory norm in international law.

Jus naturale

Natural law; law derived from universal principles.

Lex loci

The law of the place; the law of the jurisdiction where an event occurs.

Lex talionis

Law of retaliation; an eye for an eye.

Lis pendens

Pending suit; a case currently before a court.

Locus in quo

The place in which; the location of an event.

Mala fide

In bad faith; with deceitful intent.

Mandamus

We command; a writ to compel a public official’s duty.

Mens rea

Guilty mind; the intent to commit a crime.

Modus operandi

Method of operation; a pattern of behavior.

Mutatis mutandis

With necessary changes; adapted as needed.

Ne exeat

Do not leave; a writ to prevent someone from leaving a jurisdiction.

Nemo dat quod non habet

No one gives what they do not have; cannot transfer invalid title.

Nemo judex in causa sua

No one is a judge in their own case.

Nolle prosequi

To be unwilling to pursue; a prosecutor’s decision to drop a case.

Non compos mentis

Not of sound mind.

Non est factum

It is not my deed; a defense denying a contract’s validity.

Noscitur a sociis

Known by its associates; interpreting words by their context.

Obiter dictum

Said in passing; a non-binding judicial remark.

Pari passu

With equal step; equally and without preference.

Per curiam

By the court; a decision issued collectively by a court.

Per se

By itself; inherently.

Prima facie

On its face; evidence sufficient to establish a case unless rebutted.

Pro bono

For the good; legal work done without charge.

Pro hac vice

For this occasion; temporary permission to practice law.

Pro rata

In proportion; divided according to share.

Quantum meruit

As much as deserved; payment for services rendered.

Quasi

As if; seemingly, but not truly.

Quid pro quo

Something for something; an exchange of value.

Ratio decidendi

The reason for the decision; the binding legal principle.

Res gestae

Things done; events surrounding a crime.

Res ipsa loquitur

The thing speaks for itself; negligence inferred from the act.

Res judicata

A matter adjudged; a case already decided.

Sine qua non

Without which not; an essential condition.

Stare decisis

To stand by decisions; following precedent.

Sub judice

Under judicial consideration; pending before a court.

Sui generis

Of its own kind; unique.

Ultra vires

Beyond the powers; acting outside legal authority.

Ubi jus ibi remedium

Where there is a right, there is a remedy.

Volenti non fit injuria

To a willing person, no injury is done; consent negates liability.