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Latin Legal Maxims
A searchable glossary of common Latin legal terms and maxims for law students and advocates.
Actus non facit reum nisi mens sit rea
An act does not make a person guilty unless the mind is also guilty.
Audi alteram partem
Hear the other side; no one should be condemned unheard.
Nemo judex in causa sua
No one should be a judge in their own cause.
Ignorantia juris non excusat
Ignorance of the law is no excuse.
Ubi jus ibi remedium
Where there is a right, there is a remedy.
Res ipsa loquitur
The thing speaks for itself (negligence is evident from the facts).
Res judicata
A matter already decided by a competent court cannot be tried again.
Sub judice
Under judicial consideration; not yet decided by a court.
Ultra vires
Beyond the powers conferred by law.
Intra vires
Within the powers conferred by law.
Locus standi
The right or capacity to bring a case before a court.
Bona fide
In good faith.
Mala fide
In bad faith.
Prima facie
At first sight; on the face of it.
Habeas corpus
You shall have the body; a writ to produce a detained person before the court.
Mandamus
We command; a writ directing a public authority to perform its duty.
Certiorari
A writ to quash an order of a lower court or tribunal.
Quo warranto
By what authority; a writ questioning a person's right to hold a public office.
Prohibition
A writ directing a lower court or tribunal not to proceed with a case beyond its jurisdiction.
Ratio decidendi
The legal reasoning on which a judgment is based.
Obiter dicta
Remarks made by a judge in passing that are not binding.
Stare decisis
To stand by decided cases; the doctrine of precedent.
Suo motu
On its own motion, without a request from a party.
Ex parte
Proceeding in the absence of the other party.
Inter alia
Among other things.
Pro bono
For the public good; legal work done without charge.
Caveat emptor
Let the buyer beware.
Volenti non fit injuria
No injury is done to a person who consents.
Injuria sine damno
Violation of a legal right without actual loss.
Damnum sine injuria
Loss without violation of a legal right; no action lies.
Mens rea
The guilty mind or criminal intent.
Actus reus
The guilty act; the physical element of a crime.
Doli incapax
Incapable of crime, such as a child below the age of criminal responsibility.
Functus officio
Having discharged one's office; authority has ended after the task is done.
Lis pendens
A pending suit; transfers of property in dispute are affected by it.
Vis major
Superior force; an irresistible natural event.
Force majeure
Unforeseeable circumstances that excuse performance of a contract.
Sine die
Without a day fixed; adjourned indefinitely.
De facto
In fact, whether or not by right.
De jure
By right; in law.
Ejusdem generis
Of the same kind; general words take their meaning from the specific words before them.
Expressio unius est exclusio alterius
The express mention of one thing excludes others.
Non obstante
Notwithstanding anything to the contrary.
Corpus delicti
The body of the crime; the facts showing a crime was committed.
Onus probandi
The burden of proof.
Per incuriam
Through lack of care; a decision given in ignorance of a binding law.
Amicus curiae
Friend of the court; an adviser who assists the court.
Cui bono
For whose benefit; who gains.
Qui facit per alium facit per se
He who acts through another acts himself.
Respondeat superior
Let the master answer for the acts of the servant.
These tools give general information to help you plan. They are not legal advice. Dates and periods depend on the facts of your matter, so always check the current statute and any court orders.
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