Legal latin terms glossary
Latin terms - Glossary
a fortiori – for a stronger reason; all the more; much more so. "if you are wrong then, a fortiori, so am I"
a priori - relating to or derived by reasoning from self-evident propositions
ab initio –from the beginning. To describe contracts that are null and void (ie void ab initio).
Actio exteriora indicant interiora secreta - External actions show internal secrets.
Aequitas agit in personam - Equity acts upon the person.
Aequilas sequitier legem - Equity follows the law.
Ad idem – one of mind; to the same result (see also consensus ad idem)
Ad Infinitum - Describes an event apparently continuing without end
Ambigendi locus - Room for doubt.
Amicus Curiae - A friend of the Court
animus possidendi – intention to retain possession
Au fait - Acquainted with the facts; expert; proficient.
Bona fide – in good faith
Bona Vacantia - Denotes the absence of any known person entitled to the estate of a deceased person
caveat emptor – let the buyer beware
consensus ad idem – agreement to do the same thing; unequivocal acceptance of an unequivocal offer and no uncertain terms
Compos Mentis - Of sound mind
Contra - To the contrary
contra bonos mores – contrary to the accepted canons of decent behaviour; against good morals
Cujus est solum ejus est usque ad coelum, et ad inferos – whoever has the soil, also owns to the heavens above and to the centre beneath.
De die in diem - From day to day
de minimis non curat lex - The law does not concern itself with trifles
De novo - Starting afresh
Ex hypothesi - according to assumptions made : by hypothesis
Ex post facto - By reason of a subsequent act
ex turpi causa non oritur actio” - a trust created for a purpose or object which is “illegal, fraudulent or immoral” will be void (see generally Holman v Johnston)
Expressio unius est exclusio alterius
- Express reference to one matter indicates other matters to be excluded
- Where legislation includes provisions relating to similar matters in different terms
- a deliberate intention to deal with them differently
- Salemi v Min Immigration & Ethnic Affairs (No.2) (1977) 14 ALR 1, Tas v Cth & Vic (1904) 1 CLR 329, Rylands Brothers (Aust) Ltd v Morgan (1927) 27 SR (NSW) 161, Colquhoun v Brooks (1887)19 QBD 400 at 406
Expressum facit cessare tacitum
- Similar to expressio unius
- Use where a particular procedure is designated to achieve something, other procedures are thereby excluded (See Anthony Horden and Sons Ltd v The Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1, R v Wallis; Ex parte Employers Association of Wool Selling Brokers (1949) 78 CLR 529)
Id certum est quod certum reddi potest – that which is capable of being rendered certain is to be treated as certain
In futoro - In the future
In loco parentis - In place of the parent
In personam - Proceedings issued against or with reference to a specific person - an admiralty action in personam would be issued against the owner of a ship
In rem - Proceedings issued or directed against property as opposed to a specific person - an admiralty action in rem would be issued against the ship itself (right in rem: the contract in the bill of lading does not give a right in rem except in respect of such goods as were actually shipped on board the ship in question.)
Ignorantia Juris non excusat - Ignorance of the law is no excuse
inter alia – among other things
inter se -Among themselves.
inter vivos – between living persons
ipso facto – absolutely or actually
ipso jure – by the law itself
jus accrescendi – The right to survivorship which arises from a joint tenancy
jus accrescendi inter mercatores locum non habet, pro beneficio commercii - “The right of survivorship has no place amongst merchants, for the benefit of commerce”
jus accrescendi praefertur oneribus – the right of survivorship is preferred to encumberances (an encumberance is a proprietary right which limits the ways in which the owner may use or deal with the property)
jus tertii - A person possessed of goods as his property has a good title as against every stranger, and that one who takes them from him, having no title in himself, is a wrongdoer, and cannot defend himself by shewing that there was title in some third person [a stranger]; for against a wrongdoer possession is a title: Jeffries v Great Western Railway Co
locus in quo – the place in which in relation to the law of easements, land over which a right has been granted.
locus poenitentiae – under this doctrine, it will be possible to recover the transferred property if the person has repented before the illegal purpose has been carried out and the property remains identifiable (Taylor v Bowers) and may be possible if the illegal purpose remains substantially unfulfilled (Symes v Hughes; Money v Money (No 2)).
nemo dat quod non habet – A person cannot assign a greater interest than the interest possessed.
non est factum -It is not his or her deed.
Non sequitur - An inconsistent statement, it does not follow
obiter dictum/dicta – statements of law not vital to the decision in the case
Per curiam – a court in relation to its own decisions can declare because (i) overlooked relevant authority (ii) overlooked relevant statutory provision (iii) made a manifest slip or error. Justifies a court to depart from precedent of own making
per my et per tout – ‘for nothing and for all’. No joint tenant has any individual share, but that each has a right, with the other joint tenant, to the whole of the property.
plenum dominium – Absolute ownership
Prima facie - On the face of it
pro tanto – "only to that extent"; "so far, to that extent". A pro tanto reason has genuine weight, but may not be decisive whereas a prima facie reason appears to be a reason
Pro tanto quid retribuamus – "What shall we give in return for so much" (literally "Having received so much, what return shall we make")
punctum temporis – time that contract comes into force
quantum meruit – a claim to recover a sum as a quantum meruit for partial performance
Qui prior est tempore potior est jure – he who is first in time has the stronger case in law (ie priority in time of creation gives the better equity)
quid pro quo – one thing in exchange for another; something in exchange; a fair equivalent; valuable consideration
ratio(nes) decidendi – reason(s) for deciding. Binding on lower courts by the doctrine of precedent (Deakin v Webb (1904) 1 CLR 585)
Res judicata – if a dispute is judged by a court of competent jurisdiction, the judgment of the court is final and conclusive to the rights and duties of the parties involved. This constitutes an absolute bar to a subsequent suit for the same cause of action.
semble - It appears (used to indicate a principle or issue not definitively settled)
stare decisis – stand by the precedent; stand by the decision
sui generis – something of its own kind; unique
sui juris – legal capacity; a person who has attained majority (over 18 years) who has full legal capacity.
Tabula in naufragio - The doctrine that the owner of an equitable interest who has acquired that interest without notice of an earlier equitable interest can, by acquiring the legal estate, prevail over the earlier equitable interest. Provided the acquisition of the legal estate does not involve the holder of the legal estate in a breach of trust, the doctrine overcomes the rule that if the merits are equal, an earlier equity prevails over a later one.
tam pro dominio Rege quam pro se ipso - who sues on behalf of the king as well as himself
terra nullius – Uninhabited land. Absolute beneficial title to the land can only exist where the land is truly terra nullius.
trespass de ejectione firmae – action of ejectment for leaseholders
Ultra Vires - An act that falls outside or beyond jurisdiction
vis-à-vis - a person or thing having the same function or characteristics as another;
face to face with: They were now vis-à-vis the most famous painting in the Louvre
in relation to; compared with: income vis-à-vis expenditures.
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