Ab Initio – From the beginning
Actionable per se – The very act is punishable and no proof of damage is required
Actori incumbit onus probandi – The burden of proof is on the plaintiff
Actus Reus Non Facit Reum Nisi Mens Sit Rea – Conviction of a crime requires proof of a criminal act and intent. or an act does not make a defendant guilty without a guilty mind or an act does not constitute guilt unless done with a guilty intention
Alibi – At another place, elsewhere
Amicus Curiae – A friend of court or member of the Bar who is appointed to assist the Court
Audi alteram partem – No man shall be condemned unheard
Bona fide – In good faith
Caveat – A caution registered with the public court to indicate to the officials that they are not to act in the matter mentioned in the caveat without first giving notice to the caveator
Caveat actor – Let the doer beware
Caveat emptor – Let the buyer beware.
Caveat venditor -Let the seller beware.
Certiorari – A writ by which orders passed by an inferior court is quashed.
Corpus – Body.
Corpus delicti – The facts and circumstances constituting a crime and Concrete evidence of a crime.
Damnum sine injuria – Damage without injury.
De facto – In fact.
De jure – By law.
De novo – To make something anew.
Dictum – Statement of law made by judge in the course of the decision but not necessary to the decision itself.
Doli incapax – Incapable of crime.
Detinue – Tort of wrongfully holding goods which belong to someone else.
Estoppel – Prevented from denying.
Ex gratia – As favour.
Ex officio – Because of an office held.
Ex parte – Proceedings in the absence of the other party.
Ex post facto – Out of the aftermath, or After the fact.
Fatum – Beyond human foresight.
Factum probans – Relevant fact.
Functus officio – No longer having power or jurisdiction.
Habeas corpus – A writ to have the body of a person to be brought in before the judge.
Ignorantia juris non excusat – Ignorance of the law excuses not or Ignorance of the law excuses no one.
In other words, A person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content.
Injuria sine damno – Injury without damage.
Ipso facto – By the mere fact.
In promptu – In readiness.
In personam – A proceeding in which relief I sought against a specific person.
Innuendo – Spoken words which are defamatory because they have a double meaning.
In status quo – In the present state.
Inter alia – Among other things.
Inter vivos – Between living people. (especially of a gift as opposed to a legacy)
Interest Reipublicae Ut Sit Finis Litium – It means it is in the interest of the state that there should be an end to litigation.
Jus cogens or ius cogens – Compelling law.
Jus in personam – Right against a specific person.
Jus in rem – Right against the world at large.
Jus naturale – Natural Law
Jus – Law or right.
Locus standi – Right of a party to an action to appear and be heard by the court and be heard by the court.
Mala fide – In bad faith.
Mandamus – ‘We command’. A writ of command issued by a Higher Court to Government/Public Authority, to compel the performance of a public duty.
Mens rea – Guilty mind.
Misnomer – A wrong or inaccurate name or term.
Modus operandi – Way of working.
Modus Vivendi – Way of living.
Mutatis Mutandis – With the necessary changes having been made, or with the respective differences having been considered.Nolle prosequi – A formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit.
Novation – Transaction in which a new contact is agreed by all parties to replace an existing contract.
Obiter dictum – Things said by the way. It is generally used in law to refer to an opinion or non-necessary remark made by a judge. It does not act as a precedent.
In other words, Obiter dictum means “that which is said in passing,” an incidental statement. Specifically, in law, it refers to a passage in a judicial opinion which is not necessary for the decision of the case before the court. Such statements lack the force of precedent but may nevertheless be significant.
Onus probandi – Burden of proof.
Pari passu – With an equal step.
Particeps criminis – A participator in the actual crime/partner in crime.
Per curiam (decision or opinion) – By the court.
Per se – By itself.
Persona non grata – A person who is unacceptable or unwelcome.
Opposite of persona non grata is persona grata.
Also, In diplomacy, a persona non grata is a foreign person whose entering or remaining in a particular country is prohibited by that country’s government.
Prima facie – At first sight.
Alimony – A husband’s (or wife’s) provision for a spouse after separation or divorce; maintenance
Palimony – Money which a man pays to a woman with whom he has been living and from whom he is separated. Palimony has slightly different meanings in different jurisdictions.
Per curiam – By a court.
Per incuriam – Because of lack of care.
Prima facie – On the face of it.
Quid pro quo – Something for something.
Qui sentit commodum, sentire debet et onus – It means he who receives advantage must also bear burden.
Quo warranto – By what authority. A writ calling upon one to show under what authority he holds or claims a public office.
Ratio decidendi – Principle or reason underlying a court judgement. or The rule of law on which a judicial decision is based.
Respondeat superior – Let the master answer.
For example, There are circumstances when an employer is liable for acts of employees performed within the course of their employment. This rule is also called the master-servant rule.
Res ipsa loquitor – The thing speaks for itself.
Res Judicata – A matter already judged.
Res Judicata Pro Veritate Accipitur – It means that a judicial decision must be accepted as correct.
Rex non protest peccare – The king can do no wrong.
Status quo – State of things as they are now.
Sine die – With no day (indefinitely).
Sine qua non – “without which nothing”. An essential condition. A thing that is absolutely necessary. Basically a component of an argument that, if debunked, causes the entire argument to crumble.
Suo Motu – On its own motion.
Uberrima fides (sometimes uberrimae fidei) – Utmost good faith.
Ubi jus ibi remedium – Where there is a right, there is a remedy.
Veto – Ban or order not to allow something to become law, even if it has been passed by a parliament.
Vice versa – Reverse position.
Vis major – Act of God.
Volenti non fit injuria – Damage suffered by consent gives no cause of action.
In other words, If someone willingly places himself in a position where he knows that harm might result, then he is not able (allowed) to bring a claim against the other party in tort or delict (a violation of the law).
Vox populi – Voice of the people. or The opinion of the majority of the people.
Voluntarily giving up or removing the conditions.
