The usage of latin terms and phrases in legal literature has increased. Jan 16, 2019 latin legal terms can seem like a language outside of your everyday use, but you may be surprised at how many you already know. Bond a written promise to repay a debt at an agreed time and to pay an agreed rate of interest on the debt. Glossary of common court, tribunal and legal terms for. The judicial branch does not warrant the accuracy of the information contained in this list nor is it responsible for any errors or omissions and assumes no liability for its use. Terms and conditions latin lawyer the business law. Auden, the latin phrasebook1 to supplement walter ripmans classified vocabulary, an equally useful book for latin. Learn vocabulary, terms, and more with flashcards, games, and other study tools.
When the written contract contains ambiguous or unclear terms, a court will. Youll run into it all the time, particularly when reading older case law. Some attorneys i know didd take latin classes, so the orogins of terms is not totally unknown to them. Important legal terms lawyers, paralegals, and law students should recognize. Classroom use guides for teachers 052 edrs mf01pc04 plus postage. Latin legal phrases, maxims and writs with translations. Actus reus is the act of the crime, though it also considers deliberate intent to. The latin term, apparently a variant on maxima, is not to be found in roman law with any meaning exactly analogous to that of a legal maxim in the medieval or modern sense of the word, but the treatises of many of the roman jurists on regular definitions, and sententiae juris are, in some measure, collections of. The latin term, apparently a variant on maxima, is not to be found in roman law with any meaning exactly analogous to that of a legal maxim in the medieval or modern sense of the word, but the treatises of many of the. This is the name for several types of writs, which require that a law enforcement official take a named defendant into custody.
On behalf of this term is used in the headings of law reports together with. Blacks law dictionary is the best source for most legal terms and phrases. Latin was the common language of the roman legislators, and many of the concepts handed down from ancient roman lawmakers are still expressed most concisely in the latin original. If accepted, the magistrate would register the charge inscriptio, which could not then be withdrawn without permission of the court. An informal memorandum of a transaction signed by the defendant which consists of one or more writings that, taken together, identify the parties and the essential terms, and thus satisfies the requirement of the statute of frauds that. Usually used in contract law, to determine which laws govern the contract. As a member of the legal profession, youll need to master a broad range of latin words and phrases commonly used in the practice of law. Hundreds of wordslike memo, alibi, agenda, census, veto, alias, via, alumni, affidavit and versusare all used in. Representing arguments as old as philosophy itself and the terms associated with them, these terms are good to know for a wellrounded education. Cornelis jol, in a bid to rally his rebellious captains to fight and conquer the spanish treasure fleet in 1638. The glossary of common court, tribunal and legal terms for interpreters was developed to provide court interpreters with common legal terms and definitions to assist them in performing the specialist task of court interpreting. A statutory law b common law c administrative law d constitutional law e u.
The phrases in the study come under the general terms heading. Knowing latin can give you more insight to history and literature. Moreover, most international agreements can be terminated. The definition list below gives latin to english translations for the most commonly used latin law terms. I chose to transcribe its english translation by h. Term used in contract law to specify terms that are voided or confirmed in effect. This article needs additional citations for verification. Originally this common law was the law administered by the royal courts in england, the kings law, common to the. Implies sincere good intention regardless of outcome.
We have tried to compile a few of them so that it might prove helpful for you all and the rest of the legal terms and maxims section will be. Criminal justice professionals throw around latin legal terms. We help to demystify some of those perplexing latin phrases. This archaic term stems from english common law, where suicide was legally a felony. An inquiry into the use of latin in the modern legal world, 39b. Included in the list below are definitions of some of the legal words and phrases you will need to know as law students, lawyers, and paralegals. A collection of latin legal terms and maxims that are often used in judicial and legal documents. The a to z guide to legal phrases plain english campaign. Those who actually study latin today, however, will in all probability learn. Aug 26, 2016 youd probably be surprised by how much latin you actually already know. Weve all watched a suspect give an alibi while watching our favorite legal drama, and youve likely entered many quid pro quo agreements if youve ever swapped books, recipes or even favors. Document resume ed 225 350 fl 0 382 author masciantonio, rudolph. Dictionary of latin law terms edward coke wrote that latin maxims are. Latin terms and abbreviations what this handout is about this handout will explain latin terms and abbreviations you may see in academic writing, will demonstrate how to use the most common ones correctly in your own writing, and will present latin.
Lawyers use latin terms because they are a convenient shorthand. Of or concerning the law that is to come into force a phrase used to indicate that a proposition relates to the law as it is. The law prohibits us from providing any legal advice to prisoners. Legal maxim a legal maxim is an established principle or proposition. It means taking a general law or idea and applying it to a particular instance without. This list of common legal words was compiled by the connecticut judicial branch solely as a public service. The latin term, apparently a variant on maxima, is not to be found in roman law with any meaning exactly analogous to that of a legal maxim in the medieval or modern sense of the word, but the treatises of many of the roman jurists on regular definitiones, and sententiae juris are, in some measure, collections of maxims. If you intend to attend law school, i recommend that you purchase a copy of this classic reference text. Common latin legal phrases explained find an attorney.
Terms and phrases included in modern dictionaries usually offer nothing more than a. Interpreting words without understanding the meaning and intent behind them can lead to misunderstandings and. Law dictionary search more than 10,000 legal words and phrases for clear definitions written in plain language. From the beginning accessorius sequitur definition. Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its adjudication. Students will take courses such as criminal law procedure, constitutional law for law enforcement and court organization and.
Delict a civil law term which imposes liability on a person who causes injury to another, or for injury caused by a person or thing under his custody. Most of the latin terms commonly used by international lawyers are not included in some of the more popular law dictionaries. Guide to latin in international law oxford reference. Terms and phrases included in modern dictionaries usually. However, it must be said that these pages can in no circumstances be used as a source of legal advice, legal counseling andor simple. Latin legal maxims law, lawyers and legal resources. The law of the place the law of the country, state, or locality where the matter under litigation took place. I love the study if ancient langage and history and things like the origins or words, so this book was a nice addition to my collection. Keep your eyes open, and youre sure to notice that latin is all around you, even though its not spoken on a daily basis any more. This is a partial list of these legal latin terms, which are wholly or substantially drawn. Please help improve this article by adding citations to reliable sources. Switzerland, which is no great political or military power, is committed to ensure that international relations are governed by law rather than by power. Whether youre a court reporter, an attorney, a detective or a forensic analyst, you should know these common latin legal terms. You might come across this term in classes about logic or reasoning.
One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender actus reus. Many are legal terms, but youll find others in everyday use, too. Students will take courses such as criminal law procedure, constitutional law for law enforcement and court organization and operations, in which the latin phrases you learned here will be used on a regular basis. Bonded goods goods for which a bond has been paid to hm customs and excise as security for the duty owed on the goods. Pdf meaning of latin legal words faysal mustafa academia. Latin terms and abbreviations what this handout is about this handout will explain latin terms and abbreviations you may see in academic writing, will demonstrate how to use the most common ones correctly in your own writing, and will present latin abbreviations used as shortcuts in citations. To be an educated citizen and consumer, you need to know what these terms mean. Bona vacantia goods or an estate belonging to nobody. Which of the following is regarded as the highest form of law. Legal maxims and legal terms for every law student. C the common law signifies the law common to the whole jurisdiction as opposed o t local or customary law, ecclesiastic law and merchant law.
Capital punishment punishment by death for capital crime. In point park universitys online criminal justice degree program, youll learn these terms and more. As knowledge of latin continues to diminish, the constant use of this language in cases, textbooks, treaties and scholarly works baffles law students, practitioners, and scholars alike. The use of latin words and phrases can often be heard in many of these law focused television series. Many lawyers are now adopting a plain english style. In general, the translations provided here are contextual rather than strictly literal.
An easytounderstand guide to the language of law from the dictionary experts at merriamwebster. Stare decisis is a latin phrase meaning to abide by. Legal maxims and legal terms hi guys, legal maxims and legal terms are something which have been frequently asked in clat and ailet featuring in the english section. Common law has several other meanings used within the angloamerican legal system. This is just a sampling of the very numerous latin words and phrases still used in the english language. The ability to use a latin phrase correctly and pronounce it with authority and consistency belongs to the equipment of a wellrounded jurist. The latin term, apparently a variant on maxima, is not to be found in roman law with any meaning exactly analogous to that of a legal maxim in the medieval or modern sense of the word, but the treatises of many of the roman jurists on regular definitions, and sententiae juris are, in some measure, collections of maxims. Abandon v abate v to abate a nuisance abatement abdicate v abdication abduct v abduction abet v to aid and abet abetment abeyance in abeyance ab initio abode abolish v to abolish slavery. This formula appears in the 1668 latin revised edition of thomas hobbess leviathan, book 2, chapter 26, p. Something that exists in fact but not as a matter of law. If you plan on going to law school, i highly recommend boning up on latin. Capital casecrime case or crime for which the death penalty may be imposed.
We often refer to the language that lawyers use as legalese because it has so many latin phrases and words. An informal memorandum of a transaction signed by the defendant which consists of one or more writings that, taken together, identify the parties and the essential terms, and thus satisfies the requirement of the statute of frauds that certain transactions be evidenced by a writing. A number of latin terms are used in legal terminology and legal maxims. An inquiry into the use of latin in the modern legal world. Civil judge junior division or judicial magistrate preliminary. These latin phrases, which are often used by lawyers as part of our everyday vocabulary, can sometimes appear to be confusing or mysterious. These are the established universal principles of law and moral philosophy, usually well known to people in the legal profession.
Which of the following is not a characteristic of statutory law. From the latin meaning the state in which this term is used today to designate the existing state or condition of things. Of or concerning the law that is in force a phrase used to indicate that a proposition relates to the law as it is. But there are still legal phrases that baffle nonlawyers.