A
A mensa et thoro :
From bed and board.
A vinculo matrimonii :
From the bond of matrimony.
Ab extra :
From outside.
Ab initio :
From the beginning.
Absoluta sententia expositore non indiget :
An absolute judgment needs no expositor.
Abundans cautela non nocet :
Abundant caution does no harm.
Accessorium non ducit sed sequitur suum principale :
An accessory does not draw, but follows its principal.
Accessorius sequitur :
One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender.
Acta exteriora iudicant interiora secreta :
Outward acts indicate the inward intent.
Actio non accrevit infra sex annos :
The action has not accrued within six years.
Actio non datur non damnificato :
An action is not given to one who is not injured.
Actio personalis moritur cum persona :
A personal action dies with the person.
Actiones legis :
Law suits.
Actori incumbit onus probandi :
The burden of proof lies on the plaintiff.
Actus curiae neminem gravabit :
the Act of court hurts no one.
Actus nemini facit injuriam :
The act of the law does no one wrong.
Actus non facit reum nisi mens sit rea :
The act does not make one guilty unless there be a criminal intent.
Actus reus :
A guilty deed or act. result forbidden by law.
Ad ea quae frequentius acciduunt jura adaptantur :
The laws are adapted to those cases which occur more frequently.
Ad hoc :
For particular purpose, pertaining to or for the purpose of, this case only.
Ad infinitum :
Forever, without limit, to infinity.
Ad interim :
In the meantime.
Ad perpetuam rei memoriam :
For a perpetual memorial of the matter.
Ad quaestionem facti non respondent judices; ad quaestionem legis non respondent juratores :
The judges do not answer to a question of fact; the jury do not answer to a question of law.
Aedificare in tuo proprio solo non licet quod alteri noceat :
It is not lawful to build on one's own land what may be injurious to another.
Aequitas legem sequitur :
Equity follows the law.
Aequitas nunquam contravenit legem :
Equity never contradicts the law.
Affirmanti non neganti incumbit probatio :
The proof lies upon him who affirms and not upon him who denies.
Alibi :
At another place, elsewhere.
Alienatio rei praefertur juri accrescendi :
Alienation is preferred by law rather than accumulation.
Aliunde :
From elsewhere, or, from a different source.
Allegans contraria non est audiendus :
One making contradictory statements is not to be heard.
Allegans suam turpitudinem non est audiendus :
One alleging his own infamy is not to be heard.
Allegatio contra factum non est admittenda :
An allegation contrary to a deed is not to be heard.
Ambiguitas contra stipulatorem est :
An ambiguity is most strongly construed against the party using it.
Ambiguitas verborum patens nulla verificatione excluditur :
A patent ambiguity is never helped by averment.
Amicus curiae :
A friend of the court; one who voluntarily or on invitation of the court, and not on the instructions of any party, helps the court in any judicial proceedings.
Angliae jura in omni casu libertati dant favorem :
The laws of england are favorable in every case to liberty.
Animo furandi:
With an intention of stealing.
Animo testandi :
With an intention of making a will.
Annus luctus :
The year of mourning.
Ante :
Before.
Aqua currit et debet currere, ut currere solebat :
Water runs and ought to run.
Arbitrium est judicium :
An award is a judgment.
Arbor dum crescit; lignum cum crescere nescit :
A tree while it grows, wood when it cannot grow.
Argumentum ab auctoritate fortissimum est in lege :
An argument drawn from authority is the strongest in law.
Argumentum ab impossibilii plurimum valet in lege :
An argument from impossibility is very strong in law.
Argumentum ad hominem :
An argument directed a the person.
Argumentum ad ignoratiam :
An argument based upon ignorance (i.e. of one's adversary).
Arma in armatos sumere jura sinunt :
The laws permit the taking up of arms against the armed.
Assentio mentium :
The meeting of minds, i.e. mutual assent.
Assignatus utitur jure auctoris :
An assignee is clothed with rights of his assignor.
Audi alteram partem :
Hear the other side. no man should be condemned or punished without being heard.
B
Benignior sententia in verbis generalibus seu dubiis est preferenda :
The more favorable construction is to be placed on general or doubtful words.
Bis dat qui cito dat :
He gives (pays) twice who pays promptly.
Bona fide :
Sincere, in good faith.
Bona vacantia :
Goods without an owner.
Boni judicis est ampliare jurisdictionem :
It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority.
Boni judicis est judicium sine dilatione mandare executioni :
It is the duty of a good judge to cause execution to issue on a judgment without delay.
Boni judicis lites dirimere est :
It is the duty of a good judge to prevent litigation.
Bonus judex secundum aequum et bonum judicat et aequitatem stricto juri praefert :
A good judge decides according to justice and right and prefers equity to strict law.
Breve judiciale non cadit pro defectu formae :
A judicial writing does not fail through defect of form.
C
Cadit quaestio :
The matter admits of no further argument.
Cassetur billa (breve) :
Let the writ be quashed.
Casus fortuitus non est spectandus; et nemo tenetur divinare :
A fortuitous event is not to be foreseen and no person is bound to divine it.
Catalla reputantur inter minima in lege :
Chattels are considered in law among the minor things.
Causa proxima, non remota spectatur :
The immediate, and not the remote cause is to be considered.
Caveat emptor :
Let the purchaser beware. (the buyer must be cautious, as the risk is his and not that of the seller.)
Caveat venditor :
Let the seller beware.
Cepi corpus et est languidum :
I have taken the body and the prisoner is sick.
Cessante ratione legis cessant ipsa lex :
If the reason of law ceases the law itself will cease to exist.
Cestui que trust :
A beneficiary under a trust, the person for whose benefit a trust is created.
Ceteris paribus :
Other things being equal.
Consensu :
Unanimously or, by general consent.
Consensus ad idem :
Agreement as to the same things.
Consuetudo loci observanda est :
The custom of the place is to be observed.
Contemporanea expositio est optima et fortissima in lege :
A contemporaneous exposition is best and most powerful in law.
Contra bonos mores :
Against good morals.
Contra non valentem agere nulla currit praescriptio :
No prescription runs against a person not able to act.
Contractus est quasi actus contra actum :
A contract is an act as it were against an act.
Conventio et modus vincunt legem :
A contract and agreement overcome the law.
Conventio privatorum non potest publico juri derogare :
An agreement of private persons cannot derogate from public right.
Coram domino rege :
In the presence of our lord the king.
Coram non judice :
Before one who is not a judge.
Corpus :
Body.
Corpus delicti :
The body, i.e. the gist of crime.
Corpus humanum non recipit aestimationem :
A human body is not susceptible of appraisement.
Crescente malitia crescere debet et poena :
Vice increasing, punishment ought also to increase.
Crimen omnia ex se nata vitiat :
Crime vitiates every thing, which springs from it.
Crimen trahit personam :
The crime carries the person. place of crime gives jurisdiction to court.
Cujus est dare, ejus est disponere :
He who has a right to give has the right to dispose of the gift.
Cujus est solum, ejus est usque ad coelam; et ad inferos :
He who owns the soil owns it up to the sky; and to its depth.
Cum due interse pug nantia reperi unlur in testamento ultimum vatum est :
Latter clause shall prevail over earlier clause in case of inconsistency.
Cum duo inter se pugnantia reperiuntur in testamentis ultimum ratum est :
When two things repugnant to each other are found in a will, the last is to be confirmed.
Cursus curiae est lex curiae :
The practice of the court is the law of the court.
Custos morum :
A guardian of morals .
D
Damnum sine injuria :
Damage without legal injury.
De bonis asportatis :
Of goods carried away.
De bonis non administratis :
Of goods not administered.
De die in diem :
From day to day.
De facto :
In fact ; an expression indicating the actual state of circumstances independently of any question of right or title.
De futuro :
In the future.
De integro :
As regards the whole.
De jure :
Rightful, by right ; independent of what obtains in fact.
De minimis lex non curat :
The law does not notice trifling matters.
De novo :
Starting afresh.
Debile fundamentum fallit opus :
Where there is a weak foundation, the work fails.
Debita sequuntur personam debitoria :
Debts follow the person of the debtor.
Debitor non praesumitur donare :
A debtor is not presumed to make a gift.
Debitum et contractus sunt nullius loci :
Debt and contract are of no particular place.
Debitum in praesenti, solvendum in futuro :
A present debt is to be discharged in the future.
Dehors :
Outside of; unconnected with; unrelated to .
Delegata potestas non potest delegari :
A delegated authority cannot be again delegated.
Derivativa potestas non potest esse major primitiva :
The power which is derived cannot be greater than that from which it is derived.
Deus solus haeredem facere potest, non homo :
God alone, not man, can make an heir.
Dies dominicus non est juridicus :
Sunday is not a day in law.
Discretio est discernere per legem quid sit justum :
Discretion is to discern through law what is just.
Doctrine of election :
A person is precluded by his action or conduct or silence when it is his duty to speak from asserting his rights which he otherwise would have had. Doctrine of election postulates that when two remedies are available for the same relief aggrieved party has option to elect either of them and not both.
Doli incapax :
Incapable of crime.
Dominium :
Ownership.
Domus sua cuique est tutissimum refugium :
Every man's house is his safest refuge.
Dona clandestina sunt semper suspiciosa :
Clandestine gifts are always suspicious.
Dormiunt leges aliquando, nunquam moriuntur :
The laws sometimes sleep, but never die.
Doti lex favet; praemium pudoris est; ideo parcatur :
The law favors dower; it is the reward of chastity, therefore let it be preserved.
Dubitante :
Doubting the correctness of the decision.
Duo non possunt in solido unam rem possidere :
Two cannot possess one thing each in entirety.
Dura lex sed lex :
The law is hard, but it is law. when there is conflict with equities it is law which has to prevail.
E
Ei incumbit probatio qui :
The onus of proving a fact rests upon the man.
Ei incumbit probatio qui dicit, non qui negat :
The burden of the proof lies upon him who affirms, not he who denies.
Ejusdem generis :
Of the same kind or nature. Where a list of specific items is followed by general concluding clause, this is deemed to be limited to things of the same kind as those specified.
Error, qui non resistitur approbatur :
An error not resisted is approved.
Et cetera :
Other things of that type.
Ex cathedra :
With official authority.
Ex concessis :
In view of what has already been accepted/
Ex dolo malo actio non oritur :
A right of action cannot arise out of fraud.
Ex facie :
On the fact of it.
Ex gratia :
Out of kindness, voluntary. as a matter of grace or favour.
Ex nihilo nil fit :
From nothing nothing comes.
Ex nudo pacto actio non oritur :
No action arises on a contract without a consideration.
Ex officio :
By virtue of an office.
Ex parte :
Proceeding brought by one person in the absence of another.
Ex post facto :
By reason of a subsequent act.
Ex praecedentibus et consequentibus optima fit interpretatio :
The best interpretation is made from things preceding and following.
Ex turpi causa non oritur actio :
No action arises on an immoral contract.
Exceptio probat regulam :
An exception proves the rule.
Executio est executio juris secundum judicium :
Execution is the fulfillment of the law in accordance with the judgment.
Executio est finis et fructus legis :
An execution is the end and the fruit of the law.
Executio legis non habet injuriam :
Execution of the law does no injury.
Expost facto law :
Law made after the occurrence.
Expressio unis ast exclusio alterious :
Express mention of one thing implies exclusion of another thing.
Expressum facit cessare tacitum :
What is expressed makes what is silent cease.
Extra cursum curiae :
An agreement between parties that the court may dispense with certain rules of practice and pass orders on the joint memo filed by parties.
Extra legem positus est civiliter mortuus :
One out of the pale of the law (i.e. an outlaw) is civilly dead.
F
Faciendum :
Something which is to be done.
Factum :
An act or deed.
Facultas probationum non est angustanda :
The right of offering proof is not to be narrowed.
Fait accompli :
Fait accompli.
Falsa demonstratio non nocet :
A false description does not vitiate.
Falsa demostratio non noncet cum corrore constat :
False description does not vitiate if there be sufficient certainty as to the object.
Falsus in uno falsus in omnibus :
False in one false in all. in india this doctrine does not apply. therefore court can party reject and party accept the evidence of witness.
Fatetur facinus qui judicium fugit :
He who flees judgment confesses his guilt.
Felix qui potuit rerum cognoscere causas :
Happy is he who has been able to understand the causes of things.
Felonia implicatur in qualibet proditione :
Felony is implied in every treason.
Festinatio justitiae est noverca infortunii :
The hurrying of justice is the stepmother of misfortune.
Fictio cedit veritati; fictio juris non est, ubi veritas :
Fiction yields to truth. where truth is, fiction of law does not exist.
Fides servanda est :
Good faith is to be preserved.
Fieri facias (fi. fa.) :
That you cause to be made.
Filiatio non potest probari :
Filiation cannot be proved.
Firmior et potentior est operatio legis quam dispositio hominis :
The operation of law is firmer and more powerful than the will of man.
Forma legalis forma essentialis est :
Legal form is essential form.
Fortior est custodia legis quam hominis :
The custody of the law is stronger than that of man.
Fractionem diei non recipit lex :
The law does not regard a fraction of a day.
Frans at jus nun quam cohabitant :
Fraud and justice never dwell together.
Fraus est celare fraudem :
It is a fraud to conceal a fraud.
Fraus est odiosa et non praesumenda :
Fraud is odious and is not to be presumed.
Fraus et jus nunquam cohabitant :
Fraud and justice never dwell together.
Fructus naturales :
Vegetation which grows naturally without cultivation.
Frustra probatur quod probatum non relevat :
That is proved in vain which when proved is not relevant.
Furor contrahi matrimonium non sinit, quia consensus opus est :
Insanity prevents marriage from being contracted because consent is needed.
G
Generale nihil certum implicat :
A general expression implies nothing certain.
Generalia praecedunt, specialia sequuntur :
Things general precede, things special follow.
Generalia specialibus non derogant :
Things general do not derogate from things special.
Generalis regula generaliter est intelligenda :
A general rule is to be generally understood.
Gravius est divinam quam temporalem laedere majestatem :
It is more serious to hurt divine than temporal majesty .
H
Habeas corpus :
That you have the body.
Habemus optimum testem confitentem reum:
We have the best witness, a confessing defendant.
Haeredem est nomen collectum :
Heir is a collective name.
Haeres est nomen juris, filius est nomen naturae :
Heir is a term of law, son, one of nature.
Haeres legitimus est quem nuptiae demonstrant :
He is the lawful heir whom the marriage indicates .
Haydon's rule :
Purposive construction or mischief rule. In interpreting statutes the court must adopt that construction which suppresses the mischief and advances the remedy.
Homo vocabulum est naturae; persona juris civilis :
Man is a term of nature, person of the civil law .
I
Id quod commune est, nostrum esse dicitur :
That which is common is said to be ours.
Idem :
The same person or thing.
Idem nihil dicere et insufficienter dicere est :
It is the same to say nothing as not to say enough.
Ignorantia facti excusat, ignorantia juris non excusat :
Ignorance of fact excuses, ignorance of law does not excuse.
Imperium in imperio :
A sovereignty within a sovereignty.
Impotentia excusat legem :
Impossibility is an excuse in the law.
Impunitas semper ad deteriora invitat :
Impunity always leads to greater crimes..
In aequali jure melior est conditio possidentis :
When the parties have equal rights, the condition of the possessor is better.
In alta proditione nullus potest esse acessorius; sed principalis solum modo :
In high treason no one can be an accessory; but a principal only.
In anglia non est interregnum :
In england there is no interregnum.
In casu extremae necessitatis omnia sunt communia :
In a case of extreme necessity everything is common.
Imperium in imperioIn criminalibus probationes debent esse luce clariores :
In criminal cases the proofs ought to be cleared than the light.
In curia domini regis, ipse in propria persona jura discernit :
In the king's court, the king himself in his own person dispenses justice.
In delicto :
At fault.
In esse :
In existence.
In extenso :
At full length.
In fictione legis aequitas existit :
A legal fiction is consistent with equity..
In foro conscientiae :
In the forum of conscience.
In futoro :
In the future.
In jure non remota causa sed proxima spectatur :
In law not the remote but the proximate cause is looked at.
In limine :
At the outset.
In loco parentis :
In place of the parent.
In mortua manu :
In a dead hand.
In novo casu novum remedium apponendum est :
In a new case a new remedy is to be applied.
In omni re nascitur res quae ipsam rem exterminat :
In everything is born that which destroys the thing itself.
In omnibus :
In every respect.
In pari delicto :
Conditions for applicability .
In pari delicto potior est conditio possidentis :
When the parties are equally in the wrong the condition of the possessor is better.
In pari materia :
Upon the same matter or subject.
In personam :
Against the person.
In pleno :
In full.
In quo quis delinquit in eo de jure est puniendus :
In whatever thing one offends in that he is to be punished according to law..
In re dubia magis inficiatio quam affirmatio intelligenda :
In a doubtful matter the negative is to be understood rather than the affirmative.
In rem :
An act/proceeding done or directed with reference to no specific person or with reference to all whom it might concern.
In republica maxime conservanda sunt jura belli :
In a state the laws of war are to be especially observed.
In situ :
In its place.
In terrorem :
As a warning or deterrent.
In testamentis plenius testatoris intentionem scrutamur :
In wills we seek diligently the intention of the testator.
In traditionibus scriptorum non quod dictum est, sed quod gestum est, inspicitur :
In the delivery of writings (deeds), not what is said but what is done is to be considered.
In verbis, non verba sed res et ratio quaerenda est :
In words, not words, but the thing and the meaning are to be inquired into.
Indicia :
Marks, signs.
Injuria non excusat injuriam :
A wrong does not excuse a wrong.
Intentio inservire debet legibus, non leges intentioni :
Intention ought to be subservient to the laws, not the laws to the intention.
Inter alia :
Amongst other things.
Inter vivos :
Between living persons.
Interest reipublicae res judicatas non rescindi :
It is in the interest of the state that things adjudged be not rescinded.
Interest reipublicae suprema hominum testamenta rata haberi :
It is in the interest of the state that men's last wills be sustained.
Interest reipublicae ut quilibet re sua bene utatur :
It is in the interest of the state that every one use properly his own property.
Interest reipublicase ut sit finis litium :
It is in the interest of the state that there be an end to litigation.
Interim :
Temporary, in the meanwhile.
Interpretare et concordare leges legibus est optimus interpretandi modus :
To interpret and harmonize laws is the best method of interpretation.
Interpretatio fienda est ut res magis valeat quam pereat :
Such a construction is to be made that the thing may have effect rather than it should fail.
Interruptio multiplex non tollit praescriptionem semel obtentam :
Repeated interruption does not defeat a prescription once obtained.
Intestate :
A person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition (will) capable of taking effect.
Intra vires :
Within the powers; within the authority given by law.
Invito beneficium non datur :
A benefit is not conferred upon one against his consent.
Ipse dixit :
He himself said it; there is no other authority for it.
Ipsissima verba :
The very words of a speaker.
Ipso facto :
By that very fact ; by the mere fact, automatically.
Ipso jure :
By the law itself; by the mere operation of law.
Ira furor brevis est :
Anger is brief insanity.
Iter arma leges silent :
In war the laws are silent.
J
Judex est lex loquens :
A judge is the law speaking.
Judex non potest esse testis in propira causa :
A judge cannot be witness in his own cause.
Judex non potest injuriam sibi datam punire :
A judge cannon punish a wrong done to himself.
Judex non reddit plus quam quod petens ipse requirit :
A judge does not give more than the plaintiff himself demands.
Judiciis posterioribus fides est adhibenda :
Faith must be given to later decisions .
Judicium non debet esse illusorium, suum effectum habere debet :
A judgment ought not to be illusory; it ought to have its proper effect.
Judicis est judicare secundum allegata et probata :
It is the duty of a judge to decide according to the allegations and the proofs.
Juduces non tenentur exprimere causam sententiae suae :
Judges are not bound to explain the reason of their judgment .
Jura naturae sunt immutabilia :
The laws of nature are immutable.
Jura publica anteferenda privatis juribus :
Public rights are to be preferred to private rights.
Juramentum est indivisibile et non est admittendum in parte verum et in parte falsum :
An oath is indivisible and it is not to be held partly true and partly false .
Jurare est deum in testem vocare, et est actus divini cultus :
To swear is to call god to witness and is an act of divine worship .
Jus :
A right that is recognised in law .
Jus accrescendi praefertur oneribus :
The right of survivorship is preferred to incumbrances.
Jus ad rem; jus in re :
A right to a thing; a right in a thing .
Jus dicere, non jus dare :
To declare the law, not to make the law.
Jus est norma recti; et quicquid est contra normam recti est injuria :
The law is a rule of right; and whatever is contrary to a rule of right is an injury.
Jus naturale :
Natural justice.
Jus naturale est quod apud omnes homines eandem habet potentiam :
Natural right is that which has the same force among all men.
Jus scriptum aut non scriptum :
The written law or the unwritten law.
Jusjurandum inter alios factum nec nocere nec prodesse debet :
An oath made between third parties ought neither to hurt nor profit.
Justitia est duplec; severe puniens et vere praeveniens :
Justice is two-fold; severely punishing and in reality prohibiting (offences).
Justitia firmatur solium :
Justitia firmatur solium.
Justitia nemini neganda est :
Justice is to be denied to no one.
L
Leges posteriores priores contrarias abrogant :
Subsequent laws repeal prior conflicting ones.
Legibus sumptis desinentibus legibus naturae utendum est :
When laws imposed by the state fail, we must use the laws of nature.
Lex aliquando sequitur aequitatem :
The law sometimes follows equity.
Lex citius tolerare vult privatum damnum quam publicum malum :
The law would rather tolerate a private injury than a public evil.
Lex dabit remedium :
The law will give a remedy .
Lex dilationes abhorret :
The law abhors delays.
Lex est judicum tutissimus ductor :
The law is the safest guide for judges.
Lex est sanctio sancta jubens honesta et prohibens contraria :
The law is a sacred sanction, commanding what is right and prohibiting the contrary.
Lex indendit vicinum vicini facta scire :
The law presumes that one neighbor knows the acts of another..
Lex necessitatis est lex temporis i.e. instantis :
The law of necessity is the law of time, that is time present.
Lex neminem cogit ad vana seu impossiblia :
The law compels no one to do vain or impossible things.
Lex nil frustra facit :
The law does nothing in vain.
Lex non a rege est violanda :
The law must not be violated even by the king.
Lex non cogit ad impossiblia :
Law does not compel a man to do that he cannot possibly perform.
Lex non deficere potest in justitia exhibenda :
The law cannot fail in dispensing justice. .
Lex non favet delicatorum votis :
The law does not favor the wishes of the dainty..
Lex non novit patrem, nec matrem; solam veritatem :
The law does not know neither father nor mother, only the truth.
Lex non oritur ex injuria :
The law does not arise from a mere injury.
Lex non requirit verificari quod apparet curiae :
The law does not require that to be proved which is apparent to the court.
Lex plus laudatur quando ratione probatur :
The law is the more praised when it is supported by reason..
Lex prospicit not respicit :
The law looks forwared, not backward.
Lex punit mendaciam :
The law punishes falsehood.
Lex rejicit superflua, pugnatia, incongrua :
The law rejects superfluous, contradictory and incongruous things.
Lex spectat naturae ordinem :
The law regards the order of nature.
Lex succurrit ignoranti :
The law succors the ignorant.
Lex tutissima cassis, sub clypeo legis nemo decipitur :
Law is the safest helmet; under the shield of the law no one is deceived.
Lex uno ore omnes alloquitur :
The law speaks to all through one mouth.
Lis pendens :
A pending suit.
Locus standi :
Signifies a right to be heard.
Longa possessio est pacis jus :
Long possession is the law of peace.
Longa possessio parit jus possidendi et tollit actionem vero domino :
Long possession produces the right of possession and takes away from the true owner his action.
M
Magister rerum usus; magistra rerum experientia:
Use is the master of things; experience is the mistress of things.
Major continet in se minus :
The greater contains the less.
Majus est delictum se ipsum occidere quam alium :
It is a greater crime to kill one's self than another.
Mala fide :
In bad faith.
Mala grammatica non vitiat chartam :
Bad grammar does not vitiate a deed.
Mala in se :
Bad in themselves.
Mala prohibita :
Crimes prohibited.
Malitia supplet aesatem :
Malice supplies age.
Malo animo :
With evil intent.
Mandamus :
We command.
Maximus magister erroris populus est :
The people are the greatest master of error.
Melior est conditio possidentis, ubi neuter jus habet :
Better is the condition of the possessor where neither of the two has the right.
Melior testatoris in testamentis spectanda est :
In wills the intention of a testator is to be regarded.
Meliorem conditionem suam facere potest minor deteriorem nequaquam :
A minor can make his position better, never worse.
Mens rea :
A guilty mind.
Mentiri est contra mentem ire :
To lie is to act against the mind.
Merito beneficium legis amittit, qui legem ipsam subvertere intendit :
He justly loses the benefit of the law who seeks to infringe the law.
Mesne profits :
Intermediate profits, the profits which a person in wrongful possession of the property actually received or might with ordinary diligence have received therefrom together with interest on such profits excluding the profits due to improvement made by the person in wrongful possession.
Minatur innocentibus qui parcit nocentibus :
He threatens the innocent who spares the guilty.
Misera est servitus, ubi jus est vagum aut incertum :
It is a miserable slavery where the law is vague or uncertain.
Modus operandi :
Mode of operating; the way in which a thing, cause etc. operates.
Mors dicitur ultimum supplicium :
Death is called the extreme penalty.
Muilta exercitatione facilius quam regulis percipies :
You will perceive many things more easily by experience than by rules.
Mutatis mutandis :
With the necessary changes in points of detail, with such change as may be necessary.
N
Nam nemo haeres viventis:
For no one is an heir of a living person.
Naturae vis maxima est :
The force of nature is the greatest.
Necessitas inducit privilegium quoad jura privata :
With respect to private rights necessity induces privilege.
Necessitas non habet legem :
Necessity has no law.
Necessitas publica est major quam privata :
Public necessity is greater than private necessity.
Negligentia semper habet infortuniam comitem :
Negligence always has misfortune for a companion..
Nemo admittendus est inhabilitare se ipsum :
No one is allowed to incapacitate himself.
Nemo bis punitur pro eodem delicto :
No one can be twice punished for the same offence.
Nemo cogitur suam rem vendere, etiam justo pretio :
No one is bound to sell his own property, even for a just price.
Nemo contra factum suum venire potest :
No man can contradict his own deed.
Nemo debet esse judex in propria causa :
No one can be judge in his own case.
Nemo moriturous proesumitur mentiri :
Man will not meet his maker with lie in his mouth. truth sits on the lips of the dying man.
Nemo plus juris transferre ad alium potest quam ipse habet :
No one can transfer to another a larger right than he himself has.
Nemo potest contra recordum verificare per patriam :
No one can verify by the country, that is, through a jury, against the record.
Nemo potest esse tenens et dominus :
No one can at the same time be a tenant and a landlord (of the same tenement).
Nemo potest facere per alium, quod per se non potest :
No one can do through another what he cannot do himself.
Nemo potest mutare consilium suum in alterius injuriam :
No one can change his purpose to the injury of another.
Nemo praesumitur esse immemor suae aeternae salutis et maxime in articulo mortis :
No one is presumed to be forgetful of his eternal welfare, and particularly in the hour of death.
Nemo prohibetur pluribus defensionibus uti :
No one is forbidden to make use of several defences.
Nemo punitur pro alieno delicto :
No one is punished for the crime of another.
Nemo se accusare debet, nisi coram deo :
No one should accuse himself except in the presence of god.
Nemo tenetur accusare se ipsum nisi coram deo :
No one is bound to accuse himself except in the presence of god.
Nemo tenetur armare adversarium contra se :
No one is bound to arm his adversary against himself.
Nexus :
Connection, bond or link.
Nihil quod est inconveniens est licitum :
Nothing inconvenient is lawful.
Nil facit error nominis cum de corpore constat :
An error of name makes not difference when it appears from the body of the instrument.
Nisi :
Unless.
Non abstante clause :
Over riding effect. Non abstante clause has over riding effect only on rules which were in existence at that time when the rule was brought into force.
Non compus mentis :
Not of sound mind and understanding.
Non constat :
It is not certain.
Non decipitur qui scit se decipi :
He is not deceived who knows that he is deceived.
Non definitur in jure quid sit conatus :
What an attempt is, is not defined in law..
Non est arctius vinculum inter homines quam jusjurandum :
There is no stronger link among men than an oath.
Non est factum :
It is not his deed.
Non est informatus :
He is not informed.
Non facias malum ut inde veniat bonum :
You shall not do evil that good may come of it.
Non jus, sed seisina, facit stipitem :
Not right, but seisin makes a stock (from which the inheritance must descend).
Non obstante :
"notwithstanding clause." A legislative device which is usually employed to give overriding effect to certain provisions over some contrary provision that may be found either in the same enactment, or some other enactment, that is to say, to avoid the operation and defect of all contrary provisions.
Non refert quid notum sit judici si notum non sit in forma judicii :
It matters not what is known to the judge if it is not known judicially.
Non sequitur :
An inconsistent statement, it does not follow.
Nullum tempus authority locus occurrit regi :
Lapse of time is no bar to crown in proceedings against offenders.
Nullus commodum capere potest ex sua injuria propria :
No one can take an advantage of his own wrong.
Nullus recedat e curia cancellaria sine remedio :
No one should depart from a court of chancery without a remedy.
O
Obiter dictum :
An opinion of law not necessary to the decision. an expression of opinion (formed) by a judge on a question immaterial to the ratio decidendi, and unnecessary for the decision of the particular case. it is no way binding on any court, but may receive attention as being an opinion of high authority..
Omne majus continet in se minus :
Greater contains the less.
Omne sacramentum debet esse de certa scientia :
Every oath ought to be of certain knowledge.
Omnia delicta in aperto leviora sunt :
All crimes (committed) in the open are (considered) lighter.
Omnia praesumminitur rite esse acta :
All official acts are presumed to have been rightly and regularly done.
Omnia praesumuntur contra spoliatorem :
All things are presumed against a wrongdoer.
Omnis innovatio plus novitate perturbat quam utilitate prodeat:
Every innovation disturbs more by its novelty than it benefits by its utility.
Optima legum interpres est consuetudo:
The best interpreter of laws is custom.
Optimus interpres rerum est usus:
The best interpreter of things is usage .
P
Pacta privata juri publico non derogare possunt :
Private contracts cannot derogate from public law.
Par delictum :
Equal fault.
Pari materia :
Reference to other statutes dealing with same subjects or forming part of the same system is a permissible aid to the construction of provisions in a statute.
Pari passu :
On an equal footing.
Partus sequitur ventrem:
The offspring follows the mother.
Pater is est quem nuptiae demonstrant :
He is the father whom the marriage indicates.
Pater est quem nuptiae demonstrant :
The father is he whom the marriage points out.
Peccata contra naturam sunt gravissima :
Wrongs against nature are the most serious.
Pendente lite nihil innovetur :
Pendente lite nihil innovetur .
Pendente lite :
During litigation .
Per curiam :
In the opinion of the court .
Per incuriam :
Through carelessness, through inadvertence. a decision of the court is not binding precedent if given per incuriam, that is, without the court's attention having been drawn to the relevant authorities, or statutes .
Per minas :
By means of menaces or threats .
Per quod :
By reason of which .
Post mortem :
After death .
Prima facie :
On the face of it .
Prima impressionis :
On first impression .
Pro hac vice :
For this occasion .
Pro rata :
In proportion .
Pro tanto :
So far, to that extent for as much as may be .
Pro tempore :
For the time being .
Publici juris :
Of public right.
Q
Quantum :
How much, an amount.
Qui approbate non reprobat :
It is fundamental principle of general application that if a person of his own accord accepts a contract on certain terms and works out the contract, he cannot be allowed to adhere to and abide by some of the terms of contract which proved advantageous to him and repudiate the other terms of the same contract which might be disadvantageous.
Qui facit per alium facit per se :
He who acts through another acts through himself. this principle is not generally applicable in criminal law..
Qui facit per alium, facit per se :
He who acts through another acts himself.
Qui haeret in litera, haeret in cortice :
He who stices to the letter, sticks to the bark.
Qui in utero est, pro jam nato habetur, quoties de ejus commodo quaeritur :
He who is in the womb is considered as already born as far as his benefit is considered.
Qui non habet potestatem alienandi, habet necessitatem retinendi :
He who has not the power of alienating is under the necessity of retaining..
Qui non habet, ille non dat :
He who has not, does not give.
Qui non improbat, approbat :
He who does not disapprove, approves .
Qui non obstat quod obstare potest facere videtur :
He who does not prevent what he is able to prevent, is considered as committing the thing.
Qui non prohibet quod prohibere potest assentire videtur :
He who does not prohibit when he is able to prohibit, is in fault .
Qui peccat ebrius, luat sobrius :
He who does wrong when drunk must be punished when sober.
Qui potest et debet vetare et non vetat jubet :
He who is able and ought to forbit and does not, commands .
Qui prior est tempore potior est jure :
He who is prior in time is stronger in right .
Qui sentit commodum, debet et sentire onus :
He who derives a benefit ought also to bear a burden .
Qui tacet consentire videtur :
He who is silent appears to consent .
Quid pro quo :
Consideration. something for something; thing given as compensation.
Quidcquid plantatur solo, solo cedit :
Whatever is planted in or affixed to the soil, belongs to the soil .
Quist costodists eustodes :
Who will police the police? this is found in an article published in
Quod ab initio non valet, in tractu temporis non convalescit :
What is not valid in the beginning does not become valid by time .
Quod constat curiae opere testium non indiget :
What appears to the court needs not the help of witnesses .
Quod necessarie intelligitur, id non deest :
What is necessarily understood is not wanting.
Quod necessitas cogit, defendit :
What necessity forces it justifies.
Quod non apparet, non est :
What does not appear, is not.
Quod non habet principium non habet finem :
What has no beginning has no end.
Quod per me non possum, nec per alium :
What i cannot do through myself, i cannot do through another.
Quod prius est verius est; et quod prius est tempore potius est jure :
What is first is more true; and what is prior in time is stronger in law.
Quod vanum et inutile est, lex non requirit :
The law does not require what is vain and useless..
Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba expressa fienda est :
When there is no ambiguity in words, then no exposition contrary to the expressed words is to be made.
R
Ratio decidendi :
Reasons for deciding, the grounds of decision.
Ratio est legis anima, mutata legis ratione mutatur et lex :
Reason is the soul of the law; when the reason of the law changes the law also is changed.
Reprobata pecunia leberat solventem :
Money refused releases the debtor.
Res :
Matter, affair, circumstance.
Res gestae :
Things done.
Res integra :
A matter untouched; a point without a precedent; a case of novel impression.
Res inter alios acta alteri nocere non debet :
Things done between strangers ought not to affect a third person, who is a stranger to the transaction.
Res ipsa loquitor :
The things will speak for it.
Res judicata accipitur pro veritate :
A thing adjudged is accepted for the truth .
Res judicata :
A case or suit already decided .
Res nulis :
Res nulis .
Respondeat superior :
Let the principal answer.
Rex est major singulis, minor universis :
The king is greater than individuals, less than all the people .
Rex non debet judicare sed secundum legem :
The king ought not to judge but according to the law .
Rex non potest peccare :
The king can do no wrong .
Rex nunquma moritur :
The king never dies .
Rex quod injustum est facere non potest :
The king cannot do what is unjust .
Rule absolute :
When, having heard counsels, court directs the performance of that act forthwith .
Rule nisi :
A rule to show cause why a party should not do a certain act, or why the object of the rule should not be enforced. .
S
Salus populi est suprema lex :
The safety of the people is the supreme law.
Salus populi establishment suprema lex :
Regard for the public welfare is the highest law.
Sciens :
Knowingly.
Scienter:
Knowingly.
Scire facias :
That you cause to know.
Scribere est agere :
To write is to act.
Se defendendo :
In self defence.
Secus :
The legal position is different, it is otherwise.
Semper praesumitur pro legitimatione puerorum :
Everything is presumed in favor of the legitimacy of children .
Semper pro matriomonio praesumitur :
It is always presumed in favor of marriage. .
Sententia interlocutoria revocari potest, definitiva non potest :
An interlocutory order can be revoked, a final order cannot be .
Servitia personalia sequuntur personam :
Personal services follow the person.
Sic utere tuo ut alienum non laedas :
So use your own as not to injure another's property .
Simplex commendatio non obligat :
A simple recommendation does not bind.
Sine die :
Without day.
Sine qua non :
An indispensable requisite .
Stare decisis :
To stand by decisions (precedents) .
Stare decisis (doctrine of) :
Means to stand by decided cases rest upon principle that law by which men are governed should be fixed, definite and known.
Stare decisis :
To stand by things decided; to abide by precedents where the same points come again in litigation.
Status quo :
Existing condition.
Stet :
Do not delete, let it stand.
Sub judice :
Before a judge or court, pending decision of a competent count.
Sub modo :
Within limits.
Sub nomine :
Under the name of
Sub silentio :
In silence.
Sublata causa, tollitur effectus :
The cause being removed, the effect ceases.
Sublato fundamento, cadit opus :
The foundation being removed, the structure falls.
Subsequens matrimonium tollit peccatum praecedens :
A subsequent marriage removes the preceding wrong.
Suggestio falsi :
The suggestion of something which is untrue
Sui generis :
Unique.
Summa ratio est quae pro religione facit :
The highest reason is that which makes for religion, i.e. religion dictates.
Suppressio veri :
The suppression of the truth
Suppressio veri expressio falsi :
A suppression of truth is equivalent to an expression of falsehood.
T
Talis qualis :
Such as it is.
Terra firma :
Solid ground.
Testamenta latissimam interpretationem habere debent :
Testaments ought to have the broadest interpretation.
Traditio loqui chartam facit:
Delivery makes a deed speak.
Transit terra cum onere :
The land passes with its burden.
U
Ubi aliquid conceditur etid sine quo res ipsa esse non potest :
When anything is conceded, there is conceded also anything without which the thing itself cannot exist. Every court must be deemed to possess by necessary intendment all such powers as are necessary to make its orders effective.
Ubi eadem ratio ibi idem jus, et de similibus idem est judicium :
When there is the same reason, then the law is the same, and the same judgment should be rendered as to similar things.
Ubi jus ibi remedium est :
Where there is a right there is a remedy.
Ubi non est principalis, non potest esse accessorius :
Where there is no principal, there can be no accessory.
Ubi nullum matrimonium, ibi nulla dos es :
Where there is no marriage, there is no dower.
Ultima voluntas testatoris est perimplenda secundum veram intentionem suam :
The last will of a testator is to be fulfilled according to his true intentio..
Ultra vires :
Beyond one's powers.
Ut poena ad paucos, metus ad omnes, perveniat :
That punishment may come to a few, the fear of it should affect all.
Utile per inutile non vitiatur :
What is useful is not vitiated by the useless .
V
Verba chartarum fortius accipiuntur contra preferentem:
The words of deeds are accepted more strongly against the person offering them.
Verba debent intelligi cum effectu :
Words ought to be understood with effect.
Verba intentioni, non e contra, debent inservire :
Words ought to serve the intention, not the reverse.
Verbatim :
Word by word, exactly.
Vi et armis :
With the force and arms.
Via antiqua via est tuta :
The old way is the safe way.
Vice versa :
The other way around.
Vigilantibus non dormientibus jura subveniunt :
The laws serve the vigilant, not those who sleep.
Vir et uxor consentur in lege una persona :
A husband and wife are regarded in law as one person.
Visitationem commendamus :
We recommend a visitation.
Volens :
Willing.
Volenti non fit injuria :
An injury is not done to one consenting to it.
Voluntas in delictis non exitus spectatur :
In offences the intent and not the result is looked at.
Voluntas reputatur pro facto :
The will is taken for the deed .
