Pendente lite, also termed as lite pendente, lis pendens, or just pendens, is a Latin term that means, “while the action is pending.” Pendente lite means during the proceeding or litigation, and/or dependant on the result of a litigation. Back.
Showing posts with label legalese. Show all posts
Showing posts with label legalese. Show all posts
Monday, 5 March 2012
Sunday, 4 March 2012
Pro bono publico/Pro bono
Pro bono publico, (usually just pro bono) is a Latin term that means, “for the public good.” Pro bono is or involves performing/rendering of legal services without seeking any fees or at very low fees, especially if it's for the public good. Pro bono consists of a variety of activities such as, bar association participation, working towards law reform, participating in civic organizations, representing groups as well as individuals, et cetera. Diverse areas benefit from pro bono assistance like economically backward people, political as well as ideological causes, nonprofit organizations, relatives, lawyer's employees, friends, relatives, et cetera. Back.
Friday, 2 March 2012
Propria persona/Pro se
Propria persona, shortened as pro per and also known as pro se is a Latin term that means, "In his own person." Back.
Thursday, 1 March 2012
Quasi
Quasi is a Latin term that is often used in civil law (usually prefixed to English words), that means, “as if.” Quasi shows the resemblance as well as supposes some distinction between two objects. In legal parlance, quasi has been used towards showing that one subject has a resemblance in certain aspects to another with which it is compared, but also that both are having material as well as intrinsic differences among them. Quasi has been used and taken to be meant as, in a certain sense, nearly, resembling, seemingly but not actually. Back.
Wednesday, 29 February 2012
Mens rea and Actus reus
Mens Rea, also termed mental element, criminal intent, is a Latin term that means, “guilty mind.” Mens rea is the state of mind that the defendant had when committing the crime, which must be proved by the prosecution towards securing a conviction for the defendant. Mens rea is the criminal intent or recklessness. Mens rea is the second of two essential elements of all crimes at common law, the other being the actus reus.
Actus reus, also termed overt act, deed of crime, is a Latin term that means, “guilty act.” Actus reus is the forbidden act/crime/wrongful deed that would constitute the physical elements of a crime and that is usually coupled with mens rea towards establishing criminal liability. For example, in theft, the actus reus for theft is the obtainment of or unlawful control over property without the property owner's consent. Back.
Actus reus, also termed overt act, deed of crime, is a Latin term that means, “guilty act.” Actus reus is the forbidden act/crime/wrongful deed that would constitute the physical elements of a crime and that is usually coupled with mens rea towards establishing criminal liability. For example, in theft, the actus reus for theft is the obtainment of or unlawful control over property without the property owner's consent. Back.
Tuesday, 28 February 2012
Suppressio veri & Suggestio falsi
Suppressio veri is a Latin term that means suppression of the truth. Suppressio veri is a type
of fraud.
Suggestio falsi is a Latin term that means a false representation or
misleading suggestion. Back.
of fraud.
Suggestio falsi is a Latin term that means a false representation or
misleading suggestion. Back.
Monday, 27 February 2012
Modus operandi
Modus operandi, often abbreviated as M.O., is a Latin term that means, “a manner of operating.” Modus operandi is the mode/method of operating particularly with regard to the pattern of criminal behavior that is so distinctive that the investigating officers could attribute it to the work of the same person.
For example, lighting loud firecrackers towards distracting the victims was part of the modus operandi of the bank robbers. Back.
For example, lighting loud firecrackers towards distracting the victims was part of the modus operandi of the bank robbers. Back.
Sunday, 26 February 2012
Ejusdem generis
Ejusdem generis also spelt as eiusdem generis is a Latin term that means “of the same kind or class.” Ejusdem generis also known as the ejusdem generis rule is a canon of construction that when a general word or phrase follows a list of specifics, the general word or phrase will be interpreted to include only items of the same type as those listed.
For example, in the phrase bears, lions, giraffes, tigers, or any other zoo animal, the general language or any other zoo animal in spite of its seeming breadth will most likely be held to include only four-legged animals typically found in zoos, and thus would exclude peacocks. Back.
For example, in the phrase bears, lions, giraffes, tigers, or any other zoo animal, the general language or any other zoo animal in spite of its seeming breadth will most likely be held to include only four-legged animals typically found in zoos, and thus would exclude peacocks. Back.
Intra vires & Ultra vires
Intra vires is a Latin term that means “within the powers of,” referring to
the authority of a person/organization to take an action. For example calling a press conference towards disseminating information regarding the company by the company's board of directors is an intra vires action.
Ultra vires has the opposite meaning of intra vires. Ultra vires means beyond the allowed/granted scope of power as allowed by law. For example, the police officer was held accountable for his ultra vires actions with regard to leading a search party to search premises. Back.
the authority of a person/organization to take an action. For example calling a press conference towards disseminating information regarding the company by the company's board of directors is an intra vires action.
Ultra vires has the opposite meaning of intra vires. Ultra vires means beyond the allowed/granted scope of power as allowed by law. For example, the police officer was held accountable for his ultra vires actions with regard to leading a search party to search premises. Back.
Saturday, 25 February 2012
Sine qua non
Sine qua non is a Latin term that means, “without which not.” Sine qua non means, a condition or thing that cannot be done without. Sine qua non is something on which something else depends to the point of indispensability . Sine qua non is also known as "conditio sine qua non." Back.
Friday, 24 February 2012
Ipso facto
Ipso facto is a Latin term that means “by the fact itself.” Ipso facto means by the very nature of the situation. For example, if 85% of all deaths are being caused by automobile accidents, then ipso facto, the authorities need to take action to prevent incidence of such accidents through the various means at its disposal. Back.
Thursday, 23 February 2012
Doli capax & Doli incapax
Doli capax is a Latin term that means, “capable of wrong.” The term means the capability of a person to commit a crime or tort. Usually, it means, to be old enough to know/determine right from wrong. It has also been termed capax
doli.
Now, we come to a term that is the opposite of the abovementioned term, "doli capax," and that is doli incapax. Doli incapax is a Latin term that means, “incapable of wrong." The term means the incapability of a person to commit a crime or tort. It has also been termed incapax doli. Back.
doli.
Now, we come to a term that is the opposite of the abovementioned term, "doli capax," and that is doli incapax. Doli incapax is a Latin term that means, “incapable of wrong." The term means the incapability of a person to commit a crime or tort. It has also been termed incapax doli. Back.
Wednesday, 22 February 2012
Alibi
Alibi is a Latin term that means elsewhere. Alibi is a form of defense based on the physical impossibility of the defendant having committed the crime by the placement of the defendant in a location and time that is different from the scene and time of the crime that has been charged against him. In short, alibi means defendant's being elsewhere when the offense that has been alluded to the defendant was committed. Back.
Tuesday, 21 February 2012
Amicus curiae
Amicus curiae is a Latin term that means, “friend of the court.” The person is said to be a friend of the court or an amicus curiae (most often shortened to "amicus") when the said person is not a party to a lawsuit, but petitions the court, or the said person is requested by the court to file a brief in the action due to the reason that that person has a strong interest with respect to the subject matter. Back.
Monday, 20 February 2012
Sub judice
Sub judice is a Latin term which means under a judge. Sub judice means before the court for determination. Back.
Sunday, 19 February 2012
Layman
The word "layman" denotes, on the one hand, a person who is not of a particular profession or an expert on a particular subject and on the other hand the word denotes a person who is not a member of the clergy
It is to be noted that layman and layperson are used interchangeably. See also laity. Back.
Laity
The word "laity" denotes collectively, persons who are not members of the clergy, taken singularly, the person is called a "layman" or "layperson," (both terms are used interchangeably). Back.
Saturday, 18 February 2012
Ab initio
Ab initio is a Latin term that means "from the beginning, from the first act," et cetera. It has been used both in the legal as well as certain general contexts. It is used inter alia to denote that an act has been "void ab initio" or void from the beginning, et cetera.
Usage illustration - A contract is said to be "void ab initio" if the contracts does not have legal validity. Back.
Friday, 17 February 2012
Inter alia
Inter alia is a Latin term that means "among other things." For a long time "inter alia "has been conveniently used in pleadings (especially with respect to the recitation of statutes) where instead of reciting the whole length of the statute, it is recited as "inter alia, it was enacted that...". Back.
Subscribe to:
Posts (Atom)