A |
Actus Reus |
Guilty act |
The offence of which the defendant is accused |
Ad Colligenda Bona |
To collect the goods |
A temporary order for the Administration
of an estate of a deceased person used when the estate is of a
perishable nature |
Ad Hoc |
For this purpose |
Ad Hoc decisions are made as and when a
situation demands:- Ad Hoc committees are formed to address a particular
issue - Ad Hoc meetings would take place to discuss specific matters |
Ad Idem |
Of same mind |
ie as one; agreed eg the parties are ad idem on this point |
Ad Infinitum |
Without limit |
Describes an event apparently continuing without end |
Ad Litem |
For the suit |
Denotes a temporary appointment which continues during legal proceedings ie Guardian Ad Litem |
Amicus Curiae |
A friend of the court |
A neutral party who does not represent
any individual party in the case who will be asked by the Court to make
representations from an independent viewpoint |
Ante |
Before |
An indication within text to refer to an earlier passage |
|
B |
Bona Fide |
In good faith |
A Bona Fide Agreement is one entered into genuinely without attempt to fraud |
Bona Vacantia |
|
Denotes the absence of any known person entitled to the estate of a deceased person |
|
C |
Caveat |
Beware/take care |
An entry in the court records that
effectively prevents action by another party without first notifying the
party entering the Caveat |
Compos Mentis |
Of sound mind |
Legally fit to conduct/defend proceedings |
Cor (Coram) |
In the presence of |
|
|
D |
De Bonis Non Administratis |
Of goods not administered |
A person appointed to administer an estate following the death of the original administrator |
De Facto - |
In fact |
"As a matter of fact" |
De Jure |
By right |
|
Doli Incapax |
|
Incapable of crime |
Duces Tecum |
Bring with you |
Order to produce document to court |
|
E |
Erratum |
An error |
|
Exempli Gratia (eg) |
For example - |
Used when qualifying a statement by explaining through a relevant example |
Ex Gratia |
As a matter of favour |
An Ex Gratia payment would be awarded without the acceptance of any liability or blame |
Ex Officio |
By virtue of his office |
A magistrate sitting with a judge at the
Crown Court would appear ex officio in a case where no judicial
function is to be exercised by the magistrate eg case committed to Crown
Court for sentence only |
Ex Parte |
By a party |
An ex parte application is made to the
Court during proceedings by one party in the absence of another or
without notifying the other party |
Ex Post Facto |
By a subsequent act |
Something that occurs after the event but having a retrospective effect |
|
F |
Forum Conveniens |
At a convenient place |
A Court having jurisdiction in a particular case |
Functus Officio |
Having discharged duty |
A judicial or official person prevented
from taking a matter further because of limitation by certain
regulations |
|
H |
Habeas Corpus |
Produce the body |
A writ which directs a person to produce someone held in custody before the court |
|
I |
Ibid |
In the same place |
Used in text to refer to a page previously mentioned |
Id Est (ie) - |
That is to say |
Used as a description to explain a statement |
Ignorantia Juris non excusat - |
Ignorance of the law is no excuse |
If committing an offence a guilty party
cannot use as a defence the fact that they did so without knowledge that
they were breaking the law |
In Camera |
In the chamber |
The hearing of a case in private without the facts being reported to the public |
In Curia |
In open court |
The hearing of a case before a court sitting in public |
In Personam |
Against the person |
Proceedings issued against or with
reference to a specific person - an admiralty action in personam would
be issued against the owner of a ship |
In Re |
In the matter of |
A heading in legal documents which introduces the title of the proceedings |
In Rem |
Against the matter |
Proceedings issued or directed against
property as opposed to a specific person - an admiralty action in rem
would be issued against the ship itself |
Inter Alia |
Among other things |
Indicates that the details given are only an extract from the whole |
In Situ |
In its original situation |
|
Intra |
Within |
|
Intra Vires (See Ultra Vires) |
Within the power of |
An act that falls within the Jurisdiction of the Court |
Ipso Facto |
By the fact |
The reliance upon facts that together prove a point |
|
L |
Locus in quo |
The place in which |
during proceedings may be used as reference to subject matter ie scene of accident |
|
M |
Mens Rea |
Guilty mind |
The intention to commit an offence whilst knowing it to be wrong |
Mutatis Mutandis - |
The Necessary changes being made |
Denotes that instructions should not be followed verbatim but by amending where necessary |
|
N |
Non Compos Mentis |
Not sound in mind |
A person classed as unfit to conduct/defend legal proceedings |
Nota Bene (nb) |
Note well |
An abbreviation denoting that the reader
of an article should make a particular note of the article mentioned. |
Nulla Bona |
No effects |
A return entered by a Sheriff to a High
Court writ of execution which indicates the defendant had no goods of
any value to remove |
|
O |
Obiter Dictum |
A saying by the way |
Words said in passing by a Judge on a
legal point but not constituting part of the evidence or judgment |
|
P |
Per |
As stated by |
|
Per Capita |
By heads |
eg the cost is £50 per capita - £50 each person |
Per Pro (pp) |
Through another |
A person delegated to act for another |
Per Se |
By itself |
Denoting that the topic should be taken alone |
Post |
After |
An indication to refer to something to be found further on |
Prima Facie |
First sight |
Prima Facie evidence would be considered
sufficient to prove a case unless disproved - if no Prima Facie
evidence can be offered there is no case to answer |
Pro Forma |
A matter of form |
Pro Forma procedure is performed subject to and following an agreed manner |
Pro Rata |
In proportion |
Dividends distributed on a Pro Rata basis would be according to the amount of investment |
Pro Tempore (Pro Tem) |
For the time being |
Temporarily |
|
Q |
Quasi |
As if |
Any person exercising powers similar to
those of a judge would be sitting in a Quasi-Judicial capacity |
|
R |
Ratio Decidendi |
|
The principles of law applied by a Court upon which a judicial decision is based |
Res Judicata |
A thing ajudged |
Once a case has been finally decided
upon by a Court the same parties cannot attempt to raise the issue by or
during further proceedings |
Res Ipsa Loquitur |
The thing speaks for itself |
An event that has occurred which, if the
subject of litigation, would not require an onus of proof by the
plaintiff because of the obvious negligence of the defendant |
|
S |
Semble |
It appears |
|
Sine Die |
Without a day |
A hearing adjourned sine die stands open
indefinitely without a further hearing having been allocated |
Sub Judice |
In the course of trial |
Whilst a court case is under
consideration. Proceedings are sub-Judice and details cannot be
disclosed |
Subpoena ad Testificum |
To produce evidence |
A writ directed to a person commanding
him/her, under a penalty, to appear before a Court and give evidence |
|
U |
Ultra Vires (See Intra Vires) |
Beyond the power |
An act that falls outside or beyond the jurisdiction of the court |
|
V |
Videlicet (Viz) |
Namely |
Used in text to indicate examples |
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