Latin Terminology English legal terms are full of Latin words and phrases. Several of these terms are so common, you use them today without any problem or confusion. Take these words for example: •
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alibi ah! alibi ah!lee lee!bee" !bee" elsewhere, at another place#. $f you%re asked to provide an alibi for your whereabouts, you know that you need to tell where you were when a crime occurred to prove that you couldn%t have been the one who did the awful deed. alias ah! alias ah!lee lee!ahs" !ahs" at another time, otherwise#. Today, alias often alias often refers to an alternative name people generally use to conceal their identity. &'ohn Smith alias (enry Taylor alias )lyde the (ustler& means 'ohn Smith is otherwise known as (enry Taylor who is otherwise known as )lyde the (ustler. per se per se purr purr say" by itself#. *lso meaning &as such& in English usage, per se per se is is used casually in English conversations: conversations: $ didn%t call him stupid, per se per se.. $ simply said he had plenty to learn. versus versus wer wer !soos" !soos" turned#. +ften abbreviated as vs., vs., the more common English meaning is &against& or &in contrast to&: $n the case Roe versus Wade, versus Wade, privacy privacy in cases of abortion was an issue. Table 1: Common Latin Words Used Today
Word
Pronunciation
Original Meaning
Modern Meaning
affidavit
uhf!fee!day !wit
he pledged
a sworn, written statement
bona fide
boh!nuh boh!nuh fee! fee!day
in# good faith
sincere, genuine
habeas corpus
ha!bay ha!bay !us !us kor ! pus
may you have the body
bring a person before a court
per diem
pur dee! dee!em
per day, by the day
daily
pro bono
pro bo! bo!no
for the good
done for free for the public good
status uo
stuh! stuh!toos kwo
the existing condition or state of affairs
how things are currently
sub
soob poi soob poi !na
under the
an order
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poena
penalty
commanding a person to appear in court under a penalty for not appearing
The following sections offer more Latin words used in courts today. Like the preceding words, you may have heard many of these words already" you may even be using them without knowing what they really mean. 2on%t worry. 3any of those using them don%t know either. Common courtroom Latin 3any of the terms that lawyers and other legal folk use have come down to us in their original Latin forms. Table / lists some of the more common Latin words that are still used today. The following list has even more examples: •
ex officio: This word would appear in a Latin sentence such as the following:
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Imperator erat ex officio quoque dux exercitus. eem!pe!ra!tawr e!rut eks off!ee!kee!oh kwo!kwe dooks eks!er!key!toos. The emperor was by virtue of his position also the leader of the army. Today, you see or hear this word in a sentence like this: The headmaster of the school is ex officio also a member of the school board. persona non grata: This word would appear in a Latin sentence such as the following: ost caedem Caesaris! "rutus erat #abitus persona non grata $omae. post ki !dem ki!sa!ris, broo!tus e!rut ha!bee!tus per!sow !na non gra!ta rom!igh. *fter the assassination of )aesar, 4rutus was regarded a persona non grata in 5ome. Today, you see or hear this word in a sentence like this: *fter his conviction for embe66ling funds, 'ohn was treated like a persona non grata by his former colleagues. Table %: Latin Words Used in &nglis# Courts
Word
Pronunciation
Original Meaning
Modern Meaning
ad hoc
ad hok
to this
for a specific purpose, case, or situation
corpus delicti
kor !pus de!lick ! tee
body of the crime
material evidence in a crime
de facto
day fak !toe
from the fact
in reality" actually" in effect
de iure
day you!ray
from the law
according to law" by right
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ad infinitu m
ad in!fee!nee! toom
forever
forever
in absenti a
in ab!sen!tee!ah
in hisher# absence
in hisher# absence
in camera
in ka!me!rah
in a room
in private" no spectators allowed
in loco parenti s
in lo!ko pa!ren! tis
in the place of a parent
in the place of a parent
ipso facto
eep!so fak !toe
by the fact itself
by that very fact
locus delicti
low !koos day! lick !tee
scene of the crime
scene where a crime took place
modus operan di
moh!dus o!per! un!dee
mode of working
method of operating
nolo conten dere
no!lo kon!ten! de!re
$ do not wish to contend
a plea by the defendant that%s euivalent to an admission of guilt and leaves him sub7ect to punishment# but allows him the legal option to deny the charges later
prima facie
pree!mah fah! key !ay
at first face
at first sight
pro forma
pro for !ma
for the sake of form
done as formality, done for the show
uid pro uo
kwid pro kwo
this for that
something for something" tit for tat" an eual exchange
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Less common Latin p#rases -e often refer to the language that lawyers use as legalese because it has so many Latin phrases and words. Table 8 lists a few of the less common Latin phrases that you%re likely to hear only if you 9 or someone you know 9 actually ends up in a court of law. Table ': (t#er Latin Legal Terms
Word
Pronunciation
Original Meaning
Modern Meaning
a mensa et toro
ah men!sa eht to!row
from table and bed
legal separation
casus belli
ka!soos bel!lee
occasion of war
an event that 7ustifies a war
cui bono
coo!ee bo!no
for whom the good
whom does it benefit
in# flagrante delicto
in fla!gran!tay day!lick!toe
while the crime is burning
red!handed, in the act
inter alia
in!ter ah!lee!ah
among other things
among other things
mutatis mutandis
moo!tah!tees moo!tun!dees
having changed what must be changed
after making the necessary changes
non compos mentis
non kom!pos men!tis
not of sound mind
mentally incompetent
obiter dictum
oh!bee!ter deek ! toom
something said in passing
something a 7udge says in arguing a point, but has no bearing on the final decision
onus probandi
oh!nis pro!bun! dee
burden of proving
burden of proof
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pendente lite
pen!den!tay lee! tay
while 7udgment is pending
a case in progress
res ipsa louitur
rays eep!sa lo! kwee!tur
the matter itself speaks
it goes without saying
sine ua non
see!nay kwa non
without which not
an indispensabl e condition" a prereuisite
sine die
see!nay dee!ay
without a day
postponed indefinitely
sub 7udice
sub you!dee!kay
under the 7udge
pending 7udgment
ultra vires
ool !trah wee! rays
beyond strength
outside one%s 7urisdiction
*cademic Legal -riting/01/
