Terminology: Knowing Your Latin
Listed below is a cache of oft-used legal terms. This list is in no way comprehensive, so please feel free to add as many appropriate terms as possible. Our hope is to make this article an easy-access and user-friendly research tool for anyone interested in the legal process!
A
a posteriori: Latin for "from the latter;" refers to knowledge or justifications dependent on experience or empirical evidence. The opposite of a priori.
a priori: Latin for "from the earlier;" the assumption that a thing is true without need for proof. For example, the assumption that one will awaken after falling asleep. The opposite of a posteriori.
ad hoc: Latin for "for this;" for one purpose only, such as a committee formed to solve one problem, then dissolved once the problem has been dealt with.
ad valorem: Latin for "based on value;" property taxes based on percentage of county's assessment of the property's value.
affidavit: Latin for "he/she has declared upon oath;" any written document in which the signer swears under oath that the statements in the document are true.
amicus curiae: Latin for "friend of the court;" oftentimes the name of a brief filed by an interested party or organization on behalf of the argument of a case.
B
bona fide: Latin for "in good faith;" interchangeable with its literal translation and also often used as an adjective to mean "genuine."
C
caveat: Latin for "may he/she beware;" a caution or warning; often used by lawyers to mention to a hidden problem or defect.
certiorari: Latin for "to be informed, apprised or shown;" term referring to a type of writ seeking judicial review. A Writ of Certiorari is an order by a higher court directing a lower court to send up the record in a given case for review.
corpus: Latin for "the body;" in law, corpus is generally used to describe the principal of an estate or fund.
corpus juris: Latin for "the body of law;" used to refer to the body of law either of an entire country or of a particular court.
corpus juris civilis: Latin for "the body of civil law;" used to refer to the collection of all laws.
cum laude: Latin for "with praise;" an academic distinction. It is the third highest honor given, behind magna cum laude and summa cum laude.
D
de facto: Latin for "in fact;" often used in place of the word "actual."
de jure: Latin for "from law;" used to mean "lawful" and contrasted with de facto.
dictum: Latin for "remark;" a comment expressed in a ruling that does not bear direct reference to the case at hand.
E
ergo: Latin for "therefore;" also used to mean because, hence, consequently, etc.
ex officio: Latin for "from the office;" by virtue of the office held.
ex post facto: Latin for "after the fact;" legally this refers to something that comes into law, but was not previously a crime. The U.S. Constitution (Article I, Section 9) prohibits the application of new laws to acts committed previous to the enactment of the new law.
H
habeas corpus: Latin for "you have the body;" this is a writ mandating that law enforcement officials to appear before a judge with a prisoner in custody to determine whether the prisoner is lawfully imprisoned.
I
in loco parentis: Latin for "instead of a parent;" this phrase refers to an individual in care of a minor.
inter alia: Latin for "among other things"
J
juris doctor: Latin for "teacher of law;" a term for a first professional graduate degree and professional doctorate in law.
L
locus: Latin for "place;" refers to where an instance occurred.
M
magna cum laude: Latin for "with great praise;" an academic distinction. It is the second highest honor given, behind summa cum laude and above cum laude.
mandamus: Latin for "we order;" this is a writ that compels a public agency to perform an act after it has refused or neglected to do so.
N
nolo contendere: Latin for "I will not contest;" a plea of no contest.
non sequitur: Latin for "it does not follow;" when a conclusion does not match the facts.
O
obiter dicta: Latin for "a thing said in passing;" comments by a judge not necessary for a decision.
P
parens patriae: Latin for "father of his country;" doctrine that government is the ultimate guardian of all children or people under a disability.
per capita: Latin for "by head;" determining something based on the number of people participating.
per curium: Latin for "by the court;" a per curiam decision is a ruling issued collectively by a group or panel of judges of an appellate court. The decision is published as a decision of the court, and the authorship of the decision is not indicated.
per diem: Latin for "per day;" payment of daily expenses of an employee.
prima facie: Latin for "at first look;" evidence presented before trial is sufficient to prove a case.
pro tem: Short for "pro tempore."
pro tempore: Latin for "for the time being;" a judge serving in a position temporarily.
Q
quasi: Latin for "as if;" things are not exactly as one would assume.
quid pro quo: Latin for "something for something;" each party in an agreement expects something from the other.
quo warranto: Latin for "by what warrant;" a writ to challenge a right to public or corporate office.
S
scire facias: Latin for "show cause;" a writ requiring the defendant to appear in court and show cause as to why the record should not be enforced against him or her.
seriatim: Latin for "one after another;" a term typically used to indicate that a court is addressing multiple issues in a certain order.
stare decisis: Latin for "to stand by a decision;" used to describe the legal principal that precedents - previously argued cases and court decisions - are to be followed by subsequent courts.
subpoena: Derived from the Latin sub poena, meaning "under penalty;" a written order to compel an individual to give a testimony on a particular subject, often before a court.
summa cum laude: Latin for "with highest praise;" an academic distinction. It is the highest honor given, above cum laude and magna cum laude.
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