Sundaymail Editor
Legal Matters Arthur Marara
Part II
In the previous article I introduced to you a concept of Latin terms. I touched on common ones which are found in credit agreements mostly. It is my hope that they assisted you. If you have any other issues that you want me to address in this column feel free to write to me on the email address below. I will keep your privacy confidential. The purpose of this is to enable more people to learn on issues that affect them directly. This week let us continue with some more learning.
This week I am going to share some Latin terms with their meanings so that you will have a better understanding when you encounter them either in agreements or in Court judgments. You will notice that a number of words we are using in English today are actually borrowed from the Latin language, and many them now appear as if its English yet it is actually Latin. As you read through the latin terms below you will notice some words that you use daily, and what they actually mean.
a fortiori — With stronger reason
a priori — From the cause to the effect
ab initio — From the beginning
actiones in personam — Personal actions
ad curiam — Before a court; to court
ad hoc — For this purpose or occasion
ad litem — For this suit or litigation
ad rem — To the thing at hand
ad valorem — According to the value
adversus — Against
aggregatio menium — Contractual meeting of the minds
alias dictus — An assumed name
alibi — In another place, elsewhere
aliunde — From another place, from without (as in evidence outside the document. This is principle is found in the law of evidence )
alter ego — The other self
amicus curiae — “friend of the court” brief
animo — With intention, disposition, design or will
animus — Mind or intention
ante litem motam — before the suit or before litigation is filed
arguendo — In the course of an argument
bona fide — Good faith (you may have heard of a “bona fide” purchaser in arguments relating to double sales)
capias — Take, arrest
causa mortis — By reason of death
caveat — Beware, a warning
caveat emptor — “Let the buyer beware”
Cestui — Beneficiaries
Cestui que trust — Beneficiaries of a trust
circa — In the area of, about or concerning
compos mentis — Of sound mind
consortium — The conjugal fellowship of husband and wife
contra — Against
coram nobis — Before us ourselves
corpus — Body (this is where the word “corpse” is derived from)
corpus delicti — Body of the offense
cum testamento annexo — “With the will annexed”
datum — Information or the thing given
de facto — In fact, in deed or actually de jure — Of right, lawful
de novo — Anew or afresh
dies non — Not a day
duces tecum — bring with you
e converso — Conversely or on the other hand
en banc — All judges present on the bench to hear a case
eo instanti — Upon the instant
erratum — Error
et alii — And others
et sequentia — And as follows
et ux — And wife
et vir — And husband
ex delicto — Arising from a tort
ex gratia — As a matter of favor
ex officio — From office, by virtue of his office
ex parte — By or for one party only (The rules of Court provide for “ex parte applications”. This also means without notice to the other party.)
ex post facto — After the fact
facto — In fact, in or by the law
fiat — Let it be done, a short order that a thing be done
fieri — To be made up, to become
flagrante delicto — In the very act of committing the crime
forum non conveniens — Power to decline jurisdiction over a case and have it tried elsewhere
gravis — Serious, of importance
habeas corpus — Writ commanded to the custodian of a person to produce the body now
idem — The same as above (id.)
idem sonans — To have the same sound, as in names sounding alike but spelled differently
in curia — In court
in esse — In being, existence
in forma pauperis — Permission given to a poor person to sue without liability for court costs
infra — Beneath; below
in limine — At the beginning; At the threshold
in loco parentis — In place of the parent
in pari delicto — In equal fault
in personam — Personally, or against the person
in praesenti — At once; now
in re — In the matter
in rem — A proceeding against a thing
in specie — In the same or in similar form
instanter — Immediately
inter alia, inter alios — Among other things or between other persons
inter se — Among themselves
inter vivos — Between the living; or from one person to another
in toto — In the whole; completely
in transitu — In transit
intra — Within; inside
ipse dixit — He himself said (it), as an assertion made but not proved
ipso facto — By the fact itself
ita est — so itis
jura personarum — Right of a person, rights of persons
jura rerum — Rights of things
jure divino — By divine rights
jure uxoris — In his wife’s right
jus — Law or right
jus ad rem — A right to a thing
jus commune — The common law or common right
jus gentium — The law of nations or international law
just habendi — The right to have a thing and retain the profits
jus tertii — The right of a third party
levari facias — Cause to be levied, a writ of execution
lex — Law
lex loci — The law of the place where the cause of action arose
lis pendens — Litigation pending
locus delicti — The place of the crime
locus sigilli — The place for the seal
mala – Bad
mala fides – Bad faith
mala in se – An act that is morally wrong
mala praxis – Malpractice
mala prohibita – An act declared as criminal by statute
mala animo – Acting with evil intent
mandamus – A writ used to compel an official to perform a required act
manu forti – Forcible entry
mens rea – Guilty mind
nihil dicit – He says nothing
nil – Nothing
nil debet – He owes nothing
nisi prius – Distinguishing the trial court from the appellate court
nolle prosequi – Unwilling to prosecute
nolo contendere – “I will not contest it”; a criminal plea
non – Not
non assumpsit – Plea in defense; that he did not promise
non compos mentis – “Not of sound mind”
non est factum – “It is not his deed”
non obstante – Notwithstanding
non sequitur – “It does not follow”
nota bene – Note well; take notice
nudum pactum – A bare agreement lacking consideration
nul tort – “No wrong done”
nulla bona – “No good”
nunc pro tunc – “Now for then”
obiter dictum – A remark made by a court that is not central to a main issue in the case.
onus probandi – Burden of Proof
opus – Work or labor
ore tenus – By word of mouth
pari delicto – In equal fault
pari passu – By equal progress
pater familias – Father of the family
peculium – Private property
pendens – “Pending”
pendente lite – Pending the suit, during litigation
per annum – Annual, by the year
per capita – By the head, equally shared
per contra – “In opposition”
per curiam – “By the court”
per diem – By the day
per se – Taken alone
per stirpes – By the roots or stock (for purposes of inheritance)
post – After, later
post-factum – After the fact
post-obit – Taking effect after death
praecipe – A Writ commanding a person to do some act or show cause to be excused from acting prima facie – At first sight, on the face of it
pro bono – “For the good” Describes services performed free of charge
pro forma – “As a matter of form” Describing statements or conclusions based on assumed facts
pro hac vice – “For this occasion”
pro rata – A distribution according to the rate or proportion
pro se – Appearing for oneself; personally
pro tanto – For so much, to that extent
pro tempore – For the time being, temporarily
prochein ami – “Next friend”
publici juris – Of public right
pur autre vie – For or during the life of another
quaere – A question or query
quaerens – The plaintiff
quantum – How much, the amount
quare – “Wherefore”
quasi – As if, as if it were true
quid pro quo – “Something for something”
quo warranto – “By what right or authority”
res – the thing, object or subject matter
res gestae – Things done; an excited utterance
res ipsa loquitur – “The thing speaks for itself”
res judicita – “A thing or matter adjudged”
respondeat superior – “Let the master answer”
scienter – Knowledge
scire facias – Give notice
secundum – According to
se defendendo – “In self defense”
semper – Always
seriatim – Severally, separately
sic – Used to indicate an error in original quoted material
sigillum – A seal
sine – “Without”
sine die – “Without a day assigned for a future meeting”
sine qua non – An indispensable condition or part
status quo – “Present state”
sua sponte – Voluntarily
sub nomine – Under the name of
sub silentio – Without notice being taken
sui generis – Of its own kind or class
sui juris – Of his own right
supersedeas – Superseding
supra – Above, cited prior in the document
tenere – To hold, to keep
termininus a quo – The starting point
ultra – Beyond
ultra vires – Without power
venire facias – “That you cause to come”
versus – Against
videlicet – “It is easy to see”
vi et armis – “By force and arms”
vis-a-vis – One who is face to face with another
vivos – Living
voir dire – “To speak the truth”
LEGAL DISCLAIMER: The material contained in this post is set out in good faith for general guidance in the spirit of raising legal awareness on topical interests that affect most people on a daily basis. They are not meant to create an attorney-client relationship or constitute solicitation. No liability can be accepted for loss or expense incurred as a result of relying in particular circumstances on statements made in the post. Laws and regulations are complex and liable to change, and readers should check the current position with the relevant authorities before making personal arrangements.
Arthur Marara is a corporate law attorney practicing law in Harare, Zimbabwe. He is also a notary public and conveyancer. He is also passionate about labour law, commercial law, family law and promoting legal awareness and access to justice. He writes in his personal capacity. You can follow him on social media (Facebook Attorney Arthur Marara), or WhatsApp him on +263780055152 or email [email protected].
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