Talk:List of Latin legal terms

Untitled

The page needs pronunciations and audio pronunciations.

The latin term for "buyer beware"?

Caveat emptor. Kurando | ^_^ 10:20, 6 March 2006 (UTC)

eo nomine

I've unlinked Eo nomine, as the full text of that article was: Eo nomine is a latin term for "by the name." I made that article a redirect here. The article could be revived if it could be expanded to be more than one sentence, or perhaps the definition could be put into this article. --Xyzzyplugh 13:07, 17 September 2006 (UTC)

'In dubio pro reo' seems to be missing (innocent until proven guilty). 86.139.83.92 (talk) 21:36, 16 March 2008 (UTC)

Expand this article

This article, in its present state, is not much more useful than its corresponding category. It would be improved immensely if instead of simply listing the terms, brief definitions were also provided. This would assist readers to find what they're looking for. —Psychonaut 12:00, 18 November 2006 (UTC)

I second that. I came here looking to find which term has the meaning I want, but no help. Hard to believe no progress has been made on this in almost four years! --Lasunncty (talk) 10:26, 14 August 2010 (UTC)

Hi. I couldn't agree more. I set up a simple table for just the A's. Anyone else can easily copy the code and expand upon the start. If no one objects, I'll start changing the page in the next couple days. Thank you.

Term/Phrase	Definition
a fortiori	"argument 'from [the] stronger [reason]'."
a posteriori	"Posterior to"
a priori	"Prior to"
a priori assumption
ab extra	"From outside." Concerning a case, a person may have received some funding from a 3rd party. This funding may have been considered ab extra.
ab initio	"From the beginning"
actus reus	"Guilty act." Part of what proves criminal liability (with mens rea)
ad coelum	"To the sky" abbreviated from Cuius est solum eius est usque ad coelum et ad infernos which translates to "[for] whoever owns [the] soil, [it] is theirs all the way [up] to Heaven and [down] to Hell." The principle that the owner of a parcel of land also owns the air above and the ground below the parcel.
ad colligenda bona	"To collect the goods."
ad hoc	"For this." generally signifies a solution designed for a specific problem or task, non-generalizable, and not intended to be able to be adapted to other purposes.
ad hominum	"To the man." An attempt to link the truth of a claim to a negative characteristic or belief of the person advocating it.
ad idem	"To the same thing." In agreement.
ad infinitum	"To infinity." To continue forever.
ad litem	"For the case." Describes a party designated to represent another party who is deemed incapable of representing him/herself (e.g. a child or incapacitated adult).
ad quod damnum	"According to the harm." Used in tort law. Implies that the reward or penalty ought to correspond to the damage suffered or inflicted.
ad valorem	"according to value."
adjournment sine die	"adjournment without a day." When an assembly adjourns without setting a date for its next meeting.
affidavit	"He has sworn." A formal statement of fact.
alter ego	"Another I." A second identity living within a person.
a mensa et thoro	"from bed and table." Divorce a mensa et thoro indicates legal separation without legal divorce.
amicus curiae	"friend of the court." A person who offers information to a court regarding a case before it.
animus nocendi	"mind of harming." The subjective state of mind of the author of a crime, with reference to the exact knowledge of illegal content of his behaviour, and of its possible consequences.
ante	"before."
arguendo	"For the sake of argument."
Audi alteram partem	"Hear the other side." Refers to the idea that one cannot be fairly judged unless the cases for and against them have been heard.

ajpruns (talk) 04:45, 8 August 2011 (UTC)

Dubia in meliora partem interpretari debent?

No really, what does it mean? Comradeash (talk) 20:44, 2 April 2008 (UTC)

I *think* it means ""Anyone who can be found guilty of a crime, must also necessarily be capable of being found innocent of it" but can somebody confirm?

Or scratch that, I think it is supposed to say "Dubia in meliorem partem interpretari debent" and based on a bunch of portuguese and french sites that google was nice enough to translate: something to do with reasonable doubt? Comradeash (talk) 21:13, 2 April 2008 (UTC)

Found this:

dubia in meliorem partem interpretari debent ["Doubtful things should be interpreted in the best way”] Often spoken as "to give the benefit of the doubt."

(30 Jan 2017) — Preceding unsigned comment added by 198.24.6.220 (talk) 16:07, 30 January 2017 (UTC)

Wrong title (syntax-wise)

I have the feeling that it should be called: "List of Latin legal terms" and not "List of legal Latin terms".

But I'm not sure!

Just think of it! —Preceding unsigned comment added by 78.52.214.179 (talk) 00:35, 29 April 2009 (UTC)

Strictly, it should be "List of Legal Latin [as opposed to real Latin] terms". The word order is OK, the capitalization isn't. :) Tevildo (talk) 22:00, 8 November 2009 (UTC)

Tevildo, I'm not sure what you are getting at. Is Legal Latin a separate language from Latin? --Lasunncty (talk) 10:26, 14 August 2010 (UTC)

@Lasunncty: Yes, it is. English Law Latin is fake Latin. Est. 2021 (talk · contribs) 06:25, 3 September 2023 (UTC)

Merge

Wikipedia:Articles for deletion/Prout patet per recordum was closed as a merge, perhaps to this article. Unfortunately, this article is not in a state where definitions could be easily plugged in. If anyone has a suggestion for other merge targets, or wants to find a way to incorporate definitions into this article, it would be welcome. Powers ^T 13:15, 17 November 2009 (UTC)

Changes

I've only really looked at the A's so far, but I think "a priori assumption" ought to be removed since it's the same as "a priori" as far as I can tell. Also, I think "adjournment sine die" ought to be changed to "sine die" since the word "adjournment" is English, not Latin. I'll change it in a bit if no one objects. ajpruns (talk) 05:01, 8 August 2011 (UTC)

References to Bensen et al, Willes&Willes books added

Added references to Willes&Willes, Canadian Comtemporary Businness Law, reference to Bensen et al Understanding Property: A Guide made by It Is Me Here ^{t / c}

status quo, status quo ante, and statu quo added

All the same term but different 2 different spellings plus the original root. Added all three in left hand column. Please advise a better way to show this situation -- which might be common. — Preceding unsigned comment added by Bruxisme (talk • contribs) 18:11, 28 October 2012 (UTC)

Vis Major (Latin) "superior force"; Force majeure "act of god"; and casus fortuitus (Latin) "chance occurrence, unavoidable accident"

Vis Major existed in the table. I have added Casus Fortunitus. I have also added a reference from Vis Major to Force Majeure -- which is the more common term used in law when describing Acts of God (exempli gratia: H.M.S. Bounty destroyed by Hurricane Sandy, October 29, 2012 <http://news.nationalgeographic.com/news/2012/10/pictures/121030-hms-bounty-sinks-science-nation-sandy-weather/>). Vis Major would be used to describe the strength of Hurricane Sandy and casus fortuitus would describe the H.M.S. Bounty being at the wrong place when Hurricane Sandy came up the coast. I am not sure whether a reference to the French legal terms is appropriate. Bruxisme (talk) 04:29, 2 November 2012 (UTC)bruxisme

Obiter Dictum?? — Preceding unsigned comment added by Largsstreet (talk • contribs) 10:36, 22 February 2013 (UTC)

Dramatis Personae?

I'm not a legal expert of any sort but I'm having a very hard time imagining "dramatis personae" finding its way into legal writing too terribly often. Is that kosher?98.17.202.244 (talk) 19:21, 5 September 2013 (UTC)

I know the comment was some time ago, but a at 2023, it is very common to now have a dramatis personae for large cases to list all of the players so that judges do not have to try to remember who is whom. 109.147.91.26 (talk) 13:20, 23 March 2023 (UTC)

Mistake on "Contradictio in adjecto"

The list states that the definition of the term "Contradictio in adjecto" is a "A contradiction in terms." The article on "Contradictio in adjecto" however states that it is a "a contradiction between parts of an argument" and that it defers from a contradiction in terms. The articles contradict each other, so obviously, at least one of them is wrong. I do not know which one is right, but I'm pointing it out so someone who does can fix it. — Preceding unsigned comment added by Tadej Andoljšek (talk • contribs) 20:15, 30 April 2014 (UTC)

Page merged

Actioning the AfD discussion from 2009. Tevildo (talk) 23:26, 13 October 2015 (UTC)

defalcation

"Defalcation" is not a Latin word. It doesn't belong here. Most English words have Latin roots; that does not mean that they are Latin words or terms. Mrnorwood (talk) 19:34, 5 November 2015 (UTC)

"a priori" and "a posteriori"

Currently, the page says the following:

   a posteriori 	from later 	An argument derived from subsequent event
   a priori 	from earlier 	An argument derived from previous event

I believe that this is wrong, even completely backwards. Suggested change:

   a posteriori: "An argument derived after the event, having the knowledge about the event"
   a priori: "An argument derived before the event, without needing to have the knowledge about the event"

Any comments? Misof (talk) 14:57, 21 July 2016 (UTC)

ex inf?

What is "ex inf" and how is it different (if it is) from "ex rel?" 2605:A601:46D:B01:CABC:C8FF:FEA5:82F4 (talk) 04:03, 12 December 2016 (UTC)

This is a very late reply, but I'll include it here in case anybody finds it useful: "ex inf" means "information supplied by", and is generally used in a reference work to indicate that the source of a piece of information has come informally from a person rather than from a published source. A random example: see the Victoria County History of Wiltshire: Volume 10. The borough of Devizes: Religious and cultural history (click here). The text refers to a charity connected to the parish church and states "The payments were still made in 1971" supported by footnote 85. This footnote says "Ex inf. Mr. E. E. Lake, chwdn.", which means that the writers of this volume spoke to the churchwarden and he told them that (previously unpublished) information. In summary, "ex. inf." is not a legal term as such, and so is distinct from "ex. rel.". Hassocks5489 (Floreat Hova!) 14:56, 18 August 2022 (UTC)

Definition of Terra Nullius

The definition of the term given in the article is incorrect. The correct definition is the one given on Wiktionary: "Empty land; land not legally belonging to anyone." It is possible for territory not to be incorporated in states, but still considered not to be terra nullius. ImTheIP (talk) 17:14, 9 June 2017 (UTC)

adjournment sine die

The presentation of "adjournment sine die" in the leftmost column of the table, in which all three words are italicized, seems wrong. Because (unless I am egregiously mistaken) the word "adjournment" is not Latin; only the "sine die" is, which would suggest that only the words sine die should be in italics, while the word "adjournment" should not be italicized. Toddcs (talk) 00:00, 20 June 2018 (UTC)

Agreed, have changed. Awbfiend (talk) 01:11, 3 August 2020 (UTC)

Definition of "ad hominem" is Incorrect.

The following entry,

"ad hominem at the person Attacking an opponent's character rather than answering his argument. /ˌæd ˈhɒmɪnɛm/"

is incorrect. It is a common, popular, and probably ineradicable, solecism, but it's wrong.

"Ad" means "to." It desn't mean "at."

An ad hominem is an argument to the biases or special position or knowledge of the recipient. It is a seduction by guile, not an attack of any kind.

The entry in Merriam Webster which for some years seemed to support the definition given here (and a couple of other places in Wikipedia) is simply an error. Like Doctor Johnson's "pastern: the knee of a horse," it is ignorance, pure ignorance. It dates from an unfortunate period of demoticism when Merriam Webster were lending their not large legitimacy to anything any idiot said anywhere. That period in their life is now over.

Sadly it persists here in wikipedia.

PS, "Pastern - Wikipedia https://wiki.riteme.site/wiki/Pastern The pastern is a part of the leg of a horse between the fetlock and the top of the hoof. It incorporates the long pastern bone (proximal phalanx) and the short pastern bone (middle phalanx), which are held together by two sets of paired ligaments to form the pastern joint (proximal interphalangeal joint)."

David Lloyd-Jones (talk) 04:48, 9 August 2019 (UTC)

Merger proposal

The following discussion is closed. Please do not modify it. Subsequent comments should be made in a new section. A summary of the conclusions reached follows.

No discussion, tacit approval per WP:MERGECLOSE. JBchrch talk 13:30, 8 June 2021 (UTC)

---

I propose to merge Quae ipso usu consumuntur into List of Latin legal terms.

The merger is proposed as an alternative to deletion. Quae ipso usu consumuntur fails WP:GNG: while the expression is used a handful of times per decade in the literature, it's impossible to find sources that cover the topic "directly and in detail". It is perfectly at home as an entry in this list: in fact I already went ahead and included it [1].

This merger is—surprisingly—not uncontroversial because the article was WP:REFUNDed in 2016 [2]. JBchrch talk 14:41, 31 May 2021 (UTC)

The discussion above is closed. Please do not modify it. Subsequent comments should be made on the appropriate discussion page. No further edits should be made to this discussion.

"de auditu"

Hi. Please, would you add "de auditu" and "de visu"? I can't write in English enough, sorry. --Montag313 (talk) 07:49, 15 October 2021 (UTC)

Extant

This is a perfectly good English word, not Latin. It should be removed. - Eponymous-Archon (talk) 20:00, 26 June 2022 (UTC)

deorum injuriae diis curae

The definition has it backwards, no? The point is that the gods should punish blasphemy, not the state. Eponymous-Archon (talk) 20:19, 26 June 2022 (UTC)

Persona vel Sindrum/Cindrum ?

Sorry for the inconvenience and ignorance. I'm watching a documentary which says a latin title (or sentence) which I cannot determine. I would be grateful if someone would help me out, and also we could add it here if it fits. It is in a documentary called "After the Crossing", and at the minute 4:10, the narrator says: "Andrew Brouwer is a University of Toronto Legal Clinic's Persona (something in latin)". It could also be, of course, that im getting the words wrong and it isnt even latin. If someone would check it out i'd be grateful. Thanks. - Joaquin89uy (talk) 13:12, 31 July 2022 (UTC)

et al. and et seq.

I see the table lists the masculine "et alii" for et al. I suppose that's not technically wrong if the the other things being referenced are masculine; however, I have always seen this in the neuter "et alia." I the neuter is the safest default choice for lists of people, organizations, or documents. Also, with et seq., I have never seen the present active participle "sequens" there. Again, I have always seen it written as sequitur. — Preceding unsigned comment added by 64.20.198.27 (talk) 15:49, 23 November 2022 (UTC)

References

Anchors

This article makes great use of anchors, but visual anchors could improve the result. We could keep using {{anchor}} for the alphabetical sorting (A, B, C...), and use {{va}} for the actual list entries (cfr. List of Etruscan mythological figures#Deities). Here's a list of ways to write the same thing:

• {{anchor|a fortiori}} ''[[a fortiori]]''
• {{va|a fortiori|text=''[[a fortiori]]''}}
• ''{{va|a fortiori|text=[[a fortiori]]}}''
• ''{{va|a fortiori}}'', when no link is needed.

The latter could also heavily reduce the page weight. To editor Psiĥedelisto: Est. 2021 (talk · contribs) 07:33, 3 September 2023 (UTC)

@Est. 2021: Not a simple ask. This gets us most of the way there—

:%s/^\s*|\s*{{anchor|\(.\{-}\)}}\s*\(''\|\[\[\)\+\(.\{-}\)\(''\|\]\]\)\+/\=(submatch(1) ==# submatch(3) && strlen(submatch(1)) >= 2)?"|{{va|".submatch(1)."}}":submatch(0)

Psiĥedelisto (talk • contribs) ^{please always ping!} 03:54, 6 September 2023 (UTC)

Additional Latin term

A term that I sometimes use is "In specie". It means "in the actual form" or "in kind," typically used to describe payment or delivery of goods in their original form rather than converting them into cash. Sycamore40 (talk) 23:02, 16 October 2024 (UTC)