Latin Influences In Latin Influences In Legal TerminologyLegal Terminology

A Continuing Legal Education A Continuing Legal Education PresentationPresentation

Presented by: Britt JohnsonPresented by: Britt Johnson

Why Latin?Why Latin? Latin is used everyday in most professions Latin is used everyday in most professions

especially the legal profession.especially the legal profession.

It is good to familiarize ourselves with the It is good to familiarize ourselves with the Latin words and phrases which lawyers Latin words and phrases which lawyers and future lawyers are most likely to meet.and future lawyers are most likely to meet.

This will also assist you in your own legal This will also assist you in your own legal analysis and writing. analysis and writing.

Who Cares?Who Cares? In understanding Latin terms and phrases In understanding Latin terms and phrases

we also learn the underlying concepts of the we also learn the underlying concepts of the areas of law in which the phrases are used.areas of law in which the phrases are used.

Unfortunately law students and lawyers Unfortunately law students and lawyers today are taught to avoid Latin in their today are taught to avoid Latin in their writing whenever possible, some fearing that writing whenever possible, some fearing that it impedes comprehension.it impedes comprehension.

But It Will Always Be Around!But It Will Always Be Around! The fact remains that modern Anglo-American The fact remains that modern Anglo-American

law retains thousands of Latin words and phrases law retains thousands of Latin words and phrases which lawyers and judges continue to use.which lawyers and judges continue to use.

And?And? There are certain terms that any self-There are certain terms that any self-

respecting lawyer should know. respecting lawyer should know.

By knowing a word’s etymology By knowing a word’s etymology (which literally means “true (which literally means “true meaning”) it becomes easy to grasp meaning”) it becomes easy to grasp the overall concepts conveyed the overall concepts conveyed through the words.through the words.

Remember These? Huh!??Remember These? Huh!??Commonly Used Legal PhrasesCommonly Used Legal Phrases

Criminal LawCriminal Law Ex Post Facto Ex Post Facto

The Latin term “Ex post facto” means “The Latin term “Ex post facto” means “afterafter the the factfact” ” In legal context: “after the act was done”. A person can’t be In legal context: “after the act was done”. A person can’t be

criminally liable for an act that was not illegal at the time.criminally liable for an act that was not illegal at the time.

Actus reus Actus reus The Latin term "Actus reus " means "a The Latin term "Actus reus " means "a guiltyguilty deed or deed or actact.“.“ In legal context: The criminal act (e.g., Murder)In legal context: The criminal act (e.g., Murder)

Mens reaMens rea The Latin term "Mens rea" means "The Latin term "Mens rea" means "guiltyguilty mindmind.”.” In legal context: A defendant’s state of mind, the mental state In legal context: A defendant’s state of mind, the mental state

(e.g., Reckless)(e.g., Reckless)

AlibiAlibi The Latin term "Alibi" means "at The Latin term "Alibi" means "at anotheranother placeplace” ; somewhere else.” ; somewhere else. In legal context: A defense to a crime in which the defendant In legal context: A defense to a crime in which the defendant

claims to have been somewhere else when the crime was claims to have been somewhere else when the crime was committed.committed.

ContractsContracts“To “To DrawDraw or Drag or Drag TogetherTogether””

Bone fideBone fide The Latin term "Bone fide" means "in The Latin term "Bone fide" means "in goodgood faithfaith.“.“ In legal context: An implied obligation in business dealings In legal context: An implied obligation in business dealings

that one’s efforts is sincerethat one’s efforts is sincere

Quid pro quo Quid pro quo The Latin term "Quid pro quo" means "The Latin term "Quid pro quo" means "somethingsomething forfor

somethingsomething.”.” In legal context: Consideration, those things that are In legal context: Consideration, those things that are

exchanged or bargained for in the contractexchanged or bargained for in the contract

Quantum Meruit Quantum Meruit The Latin term “Quantum Meruit" means “The Latin term “Quantum Meruit" means “As much asAs much as he or he or

she she deservesdeserves.” .” In legal context: Refers to the remedy of In legal context: Refers to the remedy of restitutionrestitution in which in which

someone is compensated for a loss of inconvenience someone is compensated for a loss of inconvenience

Civil ProcedureCivil Procedure Certiorari Certiorari

The Latin term "Certiorari" means “to The Latin term "Certiorari" means “to certifycertify or make or make certain.” certain.”

In legal context: a writ from a high court to a lower court to In legal context: a writ from a high court to a lower court to hear a casehear a case

Prima faciePrima facie The Latin term "Prima facie" means "on the The Latin term "Prima facie" means "on the faceface of it” of it” In legal context: producing enough evidence for a cause of In legal context: producing enough evidence for a cause of

actionaction De novoDe novo

The Latin term "De novo" means “The Latin term "De novo" means “fromfrom anewanew”” In legal context: starting over from the beginning, a standard In legal context: starting over from the beginning, a standard

taken by a higher court in viewing a lower court’s decisionstaken by a higher court in viewing a lower court’s decisions Ex parte Ex parte

The Latin term "Ex parte" means “The Latin term "Ex parte" means “outout of of part”part” or “out of or “out of place” place”

In legal context: a proceeding brought by one person in the In legal context: a proceeding brought by one person in the absence of anotherabsence of another

Civil ProcedureCivil Procedure In camera In camera

The Latin term "In a camera" means “in a The Latin term "In a camera" means “in a chamberchamber” ” In legal context: in private conversation with a judge, in his In legal context: in private conversation with a judge, in his

chambers chambers

In limineIn limine The Latin term "In limine" means “at the outset”The Latin term "In limine" means “at the outset” In legal context: pretrial motion to keep out evidenceIn legal context: pretrial motion to keep out evidence

Jurisdiction Jurisdiction The Latin term “Jurisdiction” means “to speak law”The Latin term “Jurisdiction” means “to speak law” In legal context: the right to exercise a power or authority of In legal context: the right to exercise a power or authority of

lawlaw

Per curiamPer curiam The Latin term "Per curiam" means “through or by the court”The Latin term "Per curiam" means “through or by the court” In legal context: in the opinion of the courtIn legal context: in the opinion of the court

Property Property Donatio Causa MortisDonatio Causa Mortis

The Latin term means “ a The Latin term means “ a giftgift by by reasonreason of of deathdeath” ” In legal context: a gift given in contemplation of deathIn legal context: a gift given in contemplation of death

Donatio Inter VivosDonatio Inter Vivos The Latin term means “a The Latin term means “a giftgift amongamong the the livingliving”” In legal context: an irrevocable gift given with intent, In legal context: an irrevocable gift given with intent,

delivery and accpetancedelivery and accpetance

Ratione SoliRatione Soli The Latin term means “by The Latin term means “by reasonreason of the of the soilsoil”” In legal context: acquiring certain things on the land by In legal context: acquiring certain things on the land by

merely owning the landmerely owning the land

TortsTorts Res Ipsa LoquiturRes Ipsa Loquitur

The Latin term means: “the The Latin term means: “the thingthing itselfitself speaksspeaks”” In legal context: when a plaintiff cannot prove by direct In legal context: when a plaintiff cannot prove by direct

evidence that the defendant was negligent.evidence that the defendant was negligent.

Respondeat SuperiorRespondeat Superior The Latin term means: “let the one The Latin term means: “let the one aboveabove replyreply” (i.e., the ” (i.e., the

superior, the boss or owner)superior, the boss or owner) In legal context: vicarious liabilityIn legal context: vicarious liability

Per SePer Se The Latin term means: “The Latin term means: “ByBy itselfitself”” In legal context: waives the necessity for the plaintiff to In legal context: waives the necessity for the plaintiff to

produce certain types of evidenceproduce certain types of evidence

Legal Research & Writing (LRW) Legal Research & Writing (LRW) etc. etc. (et cetera)(et cetera)

The Latin term means: “and others”The Latin term means: “and others” In context: other things [of that type]In context: other things [of that type]

et al.et al. (et alii) (et alii) The Latin term means: “ and others” The Latin term means: “ and others” In context: those persons involved in a case but not named in In context: those persons involved in a case but not named in

the case title or citation the case title or citation i.e. i.e. (id est)(id est)

The Latin term "Id est (i.e.)" means: "The Latin term "Id est (i.e.)" means: "thatthat isis”” In context: refers to a particular thing In context: refers to a particular thing

e.g. e.g. (ex gratia) (ex gratia) The Latin term "Ex gratia (e.g.)” means: "The Latin term "Ex gratia (e.g.)” means: "out ofout of kindnesskindness, ,

voluntary”voluntary” In context: “for example” (providing various examples of many)In context: “for example” (providing various examples of many)

id.id. (ibidem) (ibidem) The Latin term “ibidem” means: “The Latin term “ibidem” means: “therethere, , in that placein that place”” In context: refers the reader back to a source that has been In context: refers the reader back to a source that has been

cited earlier in the reading cited earlier in the reading

Helpful Sources Helpful Sources

Black’s Law DictionaryBlack’s Law Dictionary

Essential Latin for Lawyers, Essential Latin for Lawyers, by Russ by Russ VersteegVersteeg

http://www.uklegal.com/articles/latin.htm