LEGAL APTITUDE BOOKLET # 01

Transcription

1 Law is order, and good law is good order. C R LEGAL APTITUDE BOOKLET # 01 LEGAL TERMINOLOGY, MAXIMS AND BROCARDS Legal terminology, Maxims and Brocards is an important topic for all law school entrance exams and forms the basis for numerous questions. On an average, there are at least 3-5 questions from this topic. Though the number of direct questions may vary from year to year and test to test, many of the principles are used for constructing legal problems (Principle and Fact questions) in these tests. Therefore, a thorough understanding of these legal terms is a must. Do couple your sincere reading of this booklet with classroom notes given. Best wishes! PT Education, All rights reserved. Regd. Office: Indore PT centres spread across India ~ Established 1993 Our motto Kar Ke Dikhayenge is delivered through our unique Technology Driven Process Engine (TDpro engine). pthq@pteducation.com Web: IC : PTtklla01 (1) of (20)

2 MAXIM Legal Maxim: A Legal Maxim is an established principle or proposition. A principle of law universally admitted as being a correct statement of the law, or as agreeable to natural reason. Maxims in law are somewhat like axioms in geometry. They are principles and authorities, and part of the general customs or common law of the land; and are of the same strength as acts of parliament, when the judges have determined what is a maxim; which belongs to the judges and not the jury. Maxims of the law are holden for law, and all other cases that may be applied to them shall be taken for granted. The application of the maxim to the case before the court is generally the only difficulty. The true method of making the application is to ascertain how the maxim arose, and to consider whether the case to which it is applied is of the same character, or whether it is an exception to an apparently general rule. The alterations of any of the maxims of the common law are dangerous. For example : ubi jus ibi remediam When seeking an equitable relief, the one that has been wronged has the stronger hand. The stronger hand is the one that has the capacity to ask for a legal remedy (judicial relief). In equity, this form of remedy is usually one of specific performance or an injunction (injunctive relief). These are superior remedies to those administered at common law such as damages. BROCARD Brocard is a Legal principle expressed in Latin (and often derived from past legal authorities or Roman law) which is traditionally used to express concisely a wider legal concept or rule. For example : Nemo dat quod non habet The basic rule that a person who does not own property (e.g. a thief) cannot confer it on another except with the true owner's authority (i.e. as his agent). Exceptions to this rule include sales under statutory powers and cases in which the doctrine of estoppel prevents the true owner from denying the authority of the seller to sell. (2) of (20) IC : PTtklla01

3 LEGAL TERMINOLOGY, MAXIMS AND BROCARDS A ab extra : from without; from outside: For example: 1. Concerning a case, a person may have received some information from a third party 2. The assistance may have been considered ab extra ab initio : = from the beginning actus reus : guilty act; the objective element of a crime; the external element of a crime actus non facit reum nisi mens sit rea : the act does not make a person guilty unless the mind is also guilty ad coelum/cuius est solum, eius est usque ad caelum et ad inferos : for whoever owns the soil, it is theirs up to Heaven and down to Hell ad colligenda bona : to collect the goods ad damnum : According to the harm; appropriate to the harm; a measure of damage inflicted, and implying a remedy if one exists that ought to correspond specifically and only to the damage suffered. ad hoc : for this (purpose); composed or designed for a particular purpose only ad hominen: argument against the man; argument to the man: also see argumentum ad hominem ad idem/consensus ad idem : mutual assent; of the same mind; meeting of the minds: the situation where there is a common understanding in the formation of the contract Ad quod damnum : According to the harm; appropriate to the harm; a measure of damage inflicted, and implying a remedy if one exists that ought to correspond specifically and only to the damage suffered. affidavit : declaration upon oath; a formal sworn statement of fact alter ego : the other a mensa et thoro : divorce a mensa et thoro; divorce from bed and board; a de facto separation while remaining legally married amicus curiae/amici curiae : friend of the court/friends of the court animus nocendi : animus mind, noceo to harm: the subjective state of mind of the author of a crime, ante : before For ex. Reverting to the situation ante bellum arguendo : for the sake of argument a posteriori : after the fact; (logic) Involving deduction of theories from facts. a priori : known ahead of time argumentum a fortiori : even more so; from the stronger; with even stronger reason. For example: 1. If it is illegal to steal one apple then it is also illegal to steal ten apples (from smaller to bigger, a minore ad maius): 2. If you can drink ten sodas then it follows that you can drink five (from bigger to smaller, a maiore ad minus). ad infinitum : to infinity; continue forever; without limit ad litem : for the suit; a party appointed by a court to act in a lawsuit on behalf of another party administrator de bonis non cum testamento annexo : administrator of goods not administered with the will annexed argumentum ad hominem : argument against the man; argument to the man; attacking the person; replying to an argument or factual claim by attacking or appealing to a characteristic or belief of the source making the argument or claim, rather than by addressing the substance of the argument or producing evidence against the claim audi alteram partem : hear the other side ad nauseam : repeated continuously or continuing to the point of boredom IC : PTtklla01 (3) of (20)

4 B bona fide/bona fides : good faith; in good faith; A Bona Fide agreement is one entered into without attempt to fraud; It is a state in which the person is cognatively and morally committed to do the right thing. Opposite: mala fide/mala fides = bad faith; in bad faith. bona vacantia : vacant goods: Indicates the absence of any known person entitled to the estate of a deceased person C cadit quaestio : the question falls; is a legal term used to indicate that a settlement to a dispute or issue has been reached, and is now resolved casus belli : act of war; cause for war c.a.v. : the court wishes to be advised: abbreviation for curia advisari vult confer : bring together consuetudo est altera lex : custom is another law consuetudo pro lege servatur : custom is kept before the law consuetudo vincit communem legem : custom overrules the common law contra : against contradictio in terminus : contradiction in terms contra bonos mores : against good morals contradictio in adjecto : contradiction in terms; contradiction in itself contra legem : against the law caveat : beware; take care; let him beware: An entry in the (court) records that effectively prevents action by another party without first notifying the party entering the Caveat caveat emptor : let the buyer beware caveat lector : let the reader beware caveat venditor : let the seller beware certiorari: to be shown: an action of certiorari was suggested in terms of reviewing a case ceteris paribus : with other things the same; all other things being equal circa; c. : around; approximately clausula rebus sic stantibus : things thus standing : the legal doctrine allowing for treaties contra proferentem : against the one bringing forth; cor (coram) : In the presence of coram Deo : in the Presence of God coram non judice : not in the presence of a judge; a legal proceeding without a judge; with improper venue; without jurisdiction. coram populo : in the presence of the people; openly curator ad litem : a party appointed by a court to act in a lawsuit on behalf of another party; legal representatives who are appointed by court when the court believes that the person lacks the mental capacity to make decisions for themselves. corpus : body corpus delicti : body of the offence compos mentis : of sound mind: Legally capable to conduct or defend proceedings: non compos mentis = not of sound mind concensus facit legem : agreement makes the law; permission makes the law; consent makes the law conditio sine qua non : a condition without which it could not be or without which there is nothing. contra ius commune : against common law contra ius gentium : against the law of nations Corpus Juris Canonici : Body of Canon Law Corpus Jurus Civilus : Body of Civil Law Corpus Juris Secundum : C.J.S; an encyclopedia of U.S. law: Complete Restatement Of The Entire American Law As Developed By All Reported Cases (1936 ) corpus vile : worthless body corrigenda : things to be corrected (4) of (20) IC : PTtklla01

5 corruptio optimi pessima : the corruption of the best is the worst cur. adv. vult : the court wishes to be advised: abbreviation for curia advisari vult corruptus in extremis : corrupt to the extreme curriculum vitae : course of life corruptissima re publica plurimae leges : When the republic is at its most corrupt the laws are most numerous Credo in Unum Deum : I Believe in One God crimen laesae maiestatis : the crime of injured majesty, an offense against an authority, someone's dignity or against a sacred custom cucullus non facit monachum : The hood does not make the monk cui bono : Good for whom? cui prodest/cui prodest scelus is fecit : for whom it advances/for whom the crime advances, he has done it cuius est solum eius est usque ad coelum et ad inferos : Whose the land is, all the way to the sky and to the underworld is his; For whosoever owns the soil, it is theirs up to the sky and down to the depths cuius regio, eius religio: whose region, his religion: the religion of the king of the region is the religion of the people cuiusvis hominis est errare, nullius nisi insipientis in errore perseverare : Anyone can err, but only the fool persists in his fault: Marcus Tullius Cicero, Philippica XII, ii, 5. culpa : guilt; blame; mistake cum gladiis et fustibus : with swords and clubs custodia legis : in the custody of law custos morum : keeper of morals; a censor cygnus inter anates : swan among ducks D da mihi factum, dabo tibi ius : give me the fact, I will give you the law damnatio memoriae : damnation of memory: a custom in which disgraced Romans were pretended to have never existed damnum absque injuria : damage without injury: one is not responsible for unintended, consequential injury to another resulting from a lawful act, excluding unintended damage by negligence or foolishness. data venia : with due respect; given the excuse de bonis asportatis : carrying goods away: the traditional name for larceny de bonis non administratis : of goods not administered: An appointed person who administer an estate following the death of the original administrator de facto : concerning fact; In fact; As a matter of fact; in practice but not necessarily ordained by law; in practice or actuality, but without being officially established; The de facto standard is a formal or informal standard that has a dominant position by cultural acceptance, market dominance, tradition or enforcement. cum gladio et sale : with sword and salt cum grano salis : with a grain of salt cum hoc ergo prompter hoc : with this, therefore on account of this: correlation does not imply causation defalcation : embezzlement; bad acts that changes a particular debt so it cannot be discharged in bankruptcy de fideli : with faithfulness de futuro : regarding the future cum laude : with praise de integrow : again, a second time cum mortuis in lingua mortua : with the dead in a dead language cura personalis : care for the whole person de jure : By right; concerning law; in principle de lege ferenda : from law to be passed; what the law should be cura te ipsum : take care of your own self; take care of yourself first de lege lata : from law passed; by law in force; the law as it exists curia advisari vult : the court wishes to be advised IC : PTtklla01 (5) of (20)

6 de minimis non curat praetor : The commander does not bother with the smallest things. de mortuis aut bene aut nihil : about the dead, either well or nothing de mortuis nil nisi bonum/de mortuis nil nisi bonum dicendum est : no one can speak ill of the dead; let nothing be said of the dead but what is good; of the dead, speak no evil de nobis fabula narratur : about us is the story told de novo : afresh; anew; beginning again dictum/dicta (plural) : is a statement of opinion or belief considered authoritative because of the dignity of the person making it dictum probium : A personal or individual dictum that is given by the judge who delivers an opinion but that is not necessarily concurred in by the whole court and is not essential to the disposition gratus dictum : an assertion that a person makes without being obligated to do so, or also a court's discussion of points or questions not raised by the record or its suggestion of rules not applicable in the case at bar judicial dictum : an opinion by a court on a question that is directly involved, briefed, and argued by counsel, and even passed on by the court, but that is not essential to the decision obiter dictum : something said in passing: a comment made while delivering a judicial opinion, but it is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive) simplex dictum : an unproved or dogmatic statement doli incapax : Incapable of deceit; Incapable of crime: conclusive presumption or irrebuttable presumption: in English law it is a presumption of law that cannot be rebutted by evidence and must be taken to be the case whatever the evidence to the contrary dolus specialis : special intent; specific intent duces tecum : Bring with you: Order to produce document to court: see subpoena duces tecum E ergo : therefore et ux : and wife Exempli Gratia (eg) : For example: Used when explaining a statement through a relevant example ex gratia : from grace; from kindness: (without legal obligation) ex libris : from the library; from the books ex officio : by right of office; from the office Ex Parte : by a party: An ex parte application is when an apllpication 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 also have a retrospective effect F factum : an act; a deed felo de se : felon of himself; suicide: an adult who committed suicide was considered a felon. The crime was punishable by forfeiture of property to the king. The felon would get a shameful buria ferae naturae : wild animals of nature: unowned property: English property law and English tort law case about rights to wild animals; Keeble v Hickeringill, 11 East 574, 103 Eng. Rep OR 3 Salk. 9 (as Keeble v Hickeringhall) Queen's Bench, 1707: American law; Pierson v. Post (3 Cai. R. 175, 2 Am. Dec. 264) (Supreme Court of New York 1805) fiat justitia ruat caelum : do justice, let the sky fall: justice should be done regardless of the consequences fiduciary : trustee: also fiduciary duty; someone who acts for and on behalf of another person in a particular matter in circumstances which give rise to a relationship of trust and confidence: A fiduciary (fid) is expected to be highly loyal to the person (principal) to whom he owes the duty: he should not put his personal interests before the duty, and he should not profit from his position as a fiduciary, unless the principal consents (however the question remains; when can a principal consent?) fides : faith fiducia : trust fieri facias : that you cause to be made: a writ of execution after judgment obtained in a legal action for debt or damages caused by a person/party erratum : error; mistake: errata (plural); errors; mistakes et cetera; etc : and so on; and more; and the rest flagrante delicto : in the progressing offence or misdeed: caught in the act of committing an offence: caught red handed Forum Conveniens : At a convenient place: The Court have jurisdiction in a particular case (6) of (20) IC : PTtklla01

7 forum non conveniens : inappropriate forum: when a court refuse to hear a case that has been brought before it person: an "admiralty action" in personam would be issued against the owner of a ship fructus naturales : plants and trees which grow naturally without cultivation In Re : In the matter of: Concerning...: A heading in legal documents which introduces the title of the matter or proceedings functus officio : having performed his office; having discharged duty: an official institution, statute or government office that has no more legal authority because his or its duties and functions have been completed: A person in a judicial or official position prevented from taking a matter or case further because of limitation by certain regulations G gravamen : the essential element of a lawsuit guardian ad litem : legal guardian H habeas corpus : You (shall) have the body; Produce the body: a court order instructing that a person under arrest be brought before a judge; A document or instruction which directs a person to produce someone held in custody before the court; legal action to seek relief from unlawful detention. It is a legal instrument to protect the individual against arbitrary state action hostis humani generis : enemy of mankind I Ibid : In the same place: Used in a document or text to refer to a page previously mentioned In situ : in its original place inter alia : among other things: The details given are only an extract from the whole Intra : Within intra vires : within the powers; within the power of: An act that falls within the jurisdiction of the Court: Opposite: ultra vires = beyond the powers in vitro : taking place outside a living organism: in vitro fertilization Ipso Facto : By the fact: The dependance upon facts that together prove a point ius/jus : justice ius ad bellum / jus ad bellum : justice to war; just war ius civile / jus civile : civil law ius cogens/jus cogens : compelling law: it is a fundamental principle of international law which is accepted by the international community of states as a norm from which no derogation Id Est (ie) : That is to say: Used with an explanation: Used as a description to explain a statement Ignorantia Juris non excusat : Ignorance of the law is no excuse: When committing an offence guilty parties cannot use as a defence the fact that they did not know that they were breaking the law In Camera : In the chamber: The hearing of a case in private with selected participans, without the facts being reported to the public: Often used when minors or rape victims are involved In Curia : In open court: The hearing of a case before an open public court: The hearing of a case before a court sitting in public ius commune/jus commune : common law in limine : at the threshold J jurat/jurare : he swears/to swear jus/ius : justice jus ad bellum/ius ad bellum : justice to War; just war jus civile : civil law; also ius civile In flagrante delicto : in the progressing offence or misdeed: caught in the act of committing an offence: caught red handed in limine : at the threshold in loco parentis : in the place of a parent jus cogens/ius cogens : compelling law: it is a fundamental principle of international law which is accepted by the international community of states as a norm from which no derogation Jus commune/ius commune : common law In Personam : Against the person: Proceedings issued against a specific person: Proceedings issued with reference to a specific IC : PTtklla01 (7) of (20)

8 L locus delicti or lex loci delicti commissi : law of the place where the tort was committed Locus in quo : The place in which: may be used as reference to subject matter during proceedings i.e. the scene of accident M magna carta or Magna Carta Libertatum: The great charter; Great Charter of Freedoms, imposed upon the King of England by his barons, in 1215 magnum opus / plural magna opera : a great work; great work mala fide /mala fides : bad faith; in bad faith. malum in se : wrong or evil in itself malum prohibitum / plural mala prohibita : wrong (as or because) prohibited mandamus : we command mare clausum : closed sea mare liberum : the free sea; the freedom of the sea mea culpa : my fault, or my own fault mea maxima culpa : my big mistake; my most grievous fault novus actus interveniens : Newly intervening act: a principle in criminal law; an act that breaks the chain of causation Nulla Bona : No effects: The defendant has no goods of any value to remove; usually a notice of a sheriff to a High Court writ of execution indicating that the defendant possesses nothing of value that can be removed O obiter dictum (singular) or obiter dicta (plural) : said by the way. A remark or observation made by a judge that, although included in the body of the court's opinion, does not form a necessary part of the court's decision: Words said/mentioned in passing by a Judge on a legal point however not constituting part of the evidence or judgment onus probandi : burden of proof opinio juris : an opinion of law opinio juris sive necessitatis : an opinion of law or necessity P pacta sunt servanda : promises must be kept per : for each; As stated by per annum; p.a. : for each year per capita : for each head; for each person; By heads: eg the cost is $20 per capita $20 each person Per Pro (pp) : For an other/throu gh another: A pers on delegated/ordered to act for another mens rea : guilty mind: The intention to commit an offence whilst knowing it to be wrong or against the law per se : intrinsically; in itself/by itself; in themselves: Indicating that the topic should be taken alone motion in limine : at the threshold mutatis mutandis : with those things having been changed which need to be changed; the necessary changes having been made N Non Compos Mentis : Not sound in mind: A person proven/ classed as unfit to conduct or defend legal proceedings Non Est Factum : It is not (my) deed persona non grata : person not allowed; unacceptable person; unwelcome person Post : After: after something; to refer to something to be found further on in time or place post mortem : after death; examination of a body after death; autopsy Prima Facie : First sight: Prima Facie evidence would be considered enough/sufficient to prove a case unless disproved or rejected; if no Prima Facie evidence can be shown or offered, there is no case to answer/continue Nota Bene (nb) : Note well: An abbreviation denoting/indicating that the reader of an article or writing should make a specific pro bono or pro bono publico : for the public good; The term note of the article/writing mentioned is generally used to describe legal representation undertaken voluntarily and without payment as a public service. Pro bono service uses the specific skills of professionals to provide services to those who are unable to afford them. (8) of (20) IC : PTtklla01

9 Pro Forma : As per form; A matter of form: Pro Forma procedure is performed following an agreed manner; Pro Forma procedure is executed subject to a prescribed set of rules pro rata : proportional; In proportion: The investor will receive his dividend Pro Rata to his investment Pro Tempore (Pro Tem) : Temporarily; For the time being Q quaere : inquire; query quantum meruit : as much as he has deserved; reasonable value of services quasi : as if: A person exercising powers similar to those of a judge is sitting in a Quasi Judicial capacity quid pro quo : something for something; a favour given or expected in return for something; tit for tat qui tam/qui tam pro domino rege quam pro se ipso in hac parte sequitur : he who sues in this matter for the king as well as for himself qui facit per alium facit per se : the one who acts through another, acts in his or her own interests quo warranto : by what warrant? R ratio decidendi/rati ones decidendi : the r eason/th e reasons; the rationale for the decision; the point in a case which determines the judgment; the principle which the case establishes; The principles of law applied by a Court upon which judicial decisions are based ratio scripta : written reason re : about; regarding; concerning rebus sic stantibus/clausula rebus sic stantibus : things thus standing res gestae : things done res ipsa loquitur : the thing itself speaks; the thing speaks for itself: Because of the obvious negligence of the defendant, the onus of proof would not be on the plaintiff res iudicata/res judicata : a matter already judged; A thing ajudged: Once a case has been finally decided upon by a Court the decision stands, the same parties cannot attempt to raise the issue again, by or during further proceedings res publica : public issue; public matter res publ ica chri st iana : the wor ldwide commu n ity of Christianity respondeat superior : let the master answer estitutio in integrum : restoration to original condition S Semble : It appears Sine Die : Without a day: A hearing adjourned sine die stands open indefinitely without a further hearing having been decided on sine qua non : a condition without which it could not be or without which there is nothing; essential condition; something that is absolutely necessary status quo : the existing state of affairs Sub Judice : In the cours e of trial: The case is un der consideration. Proceedings are sub judice and details cannot be released subpoena : a written command/order to a person to testify before a court or be punished Subpoena ad Testificum : To produce evidence: A document directed to a person commanding him or her, under a threat of penalty, to appear before a Court and give evidence subpoena duces tecum : bring with you under penalty of punishment supra : beyond; over; more than; in charge of, in authority over; on top; more; above; before; formerly T tabula rasa : blank slate; plank paper; blank mind terra firma : dry land; ground as opposed to the air or sea terra nullius : nobody's land; no mans land; empty land; land belonging to no one; also see res nullius. trail do novo: a new trail U ultra vires : beyond the powers: An act that falls outside or beyond the jurisdiction of the court: Opposite: intra vires = within the powers. res nullius : nobody's thing IC : PTtklla01 (9) of (20)

10 uberrima fides/fidei : utmost good faith; most abundant faith uno flatu : in one breath. Used in criticism of inconsistent pleadings, ie. "one cannot argue uno flatu both that the person is dead and also that he is responsible for wrong actions Some more useful Latin phrases and terms : A a fortiori : with yet stronger reason unus multorum : one of many; an average person a posse ad esse : from possibility to actuality uti possidetis : as you possess a posteriori : derived by reasoning from observed facts uxor (ux) : wife; et ux = and wife V vel non : or not vera cause : true cause verbatim : in exactly the same words versus; vs.; v. : against veto : I forbid vice versa: the other way around vide infra (v.i.): see below videlicet: namely; that is to say; as follows: Used in text to show examples videre licet: it is permitted to see a priori : from what was before ab incunablis : from the origin ab initio : from the beginning ab intra : from within ab urbe condita (AUC) : from the founding of the city (Rome in 753 BC) ad absurdum : to the point of absurdity ad eundem : to the same level ad eundem gradum : to the same level ad hoc : for this special purpose ad hominem : denoting an argument made personally against an opponent, rather than logically against an issue (literally, "to the person") vide supra (v.s.): see above ad idem : of the same mind Vigilantibus non dormientibus aequitas subvenit: equity aids the vigilant, not the negligent; equity aids the vigilant, not the negligent who sleep on their rights. vis major: an act of God; a superior force viz.: namely; that is to say; as follows volenti non fit injuria: no injury is done to a person who consents; to a willing person, no injury is done. ~ ad infinitum : without limit ad libitum : according to pleasure ad litem : for the suit ad locum (ad loc.) : at the place ad nauseam : to a disgusting extent ad valorem : according to value addenda : things to be added advocatus diaboli : devil's advocate affidavit : a sworn written statement usable as evidence in court (10) of (20) IC : PTtklla01

11 agenda : things to be done (used especially for a list of items to be discussed at a meeting) alea iacta est : the die is cast (Caesar) alma mater : one's old school or university alter ego : other self amicus curiae : friend of the court amicus omnibus, amicus nemini : a friend to all is a friend to none anno domini (AD) : in the year of the Lord annus horribilis : a terrible year annus mirabilis : a wonderful year ante bellum : before the war ante meridiem (a.m.) : before midday aqua fortis : nitric acid aqua pura : pure water ars gratia artis : art for art's sake aude sapere : dare know audi alteram partem : hear the other side (a principle of natural justice) B bella gerant alii : let others wage war bona fide (adjective) : genuine, sincere bona fide (adverb) : genuinely, sincerely carpe diem : seize the day casus belli : the circumstances justifying war cave canem : beware of the dog caveat emptor : let the buyer beware caveat lector : let the reader beware caveat venditor : let the seller beware ceteris paribus : other things being equal or unchanged circa (c, followed by a date) : about cogito, ergo sum : I think, therefore I am (Descartes) compos mentis : sane confer (cf.) : compare cor unum : one heart corpus delicti : the facts of a crime corrigenda : a list of things to be corrected (in a book) cui bono? : who benefits? cui malo? : who suffers a detriment unjust? cum grano salis : with a grain of salt (not literally) curriculum vitae : a summary of a person's career and working life D de facto : in fact (especially in contradistinction to "de jure") de gustibus non est disputandum : there is no accounting for taste bona fides (noun) : honest intention C cadit quaestio (cq) : the question falls; the matter admits no further argument (the facts have been double checked) de jure : by right de minimis : with respect to trifles de novo : anew caret : it is lacking (used in editing to indicate that something is to be inserted) delectatio morosa : peevish delight deo duce : with God for a leader IC : PTtklla01 (11) of (20)

12 deo gratias : thanks be to God ex libris : from the library of deo volente : God willing ex nihilo : out of nothing deus ex machina : a god from a machine, a contrived, artificial event that resolves a problem at the last moment dictum meum pactum : my word is my bond ex officio : by virtue of his office ex parte : by only one party to a dispute in the absence of the other dictum sapienti sat est : a word to the wise is sufficient ex post facto : retrospectively dramatis personae : the list of characters in a play dulce et decorum est pro patria mori : it is sweet and proper to die for one's country (Horace) excusatio non petita, accusatio manifesta : he who excuses himself, accuses himself (qui s'excuse, s'accuse) exeat : permission for a temporary absence dum spiro, spero : as long as I breathe, I hope (Cicero) dum vires annique sinunt, tolerate labores : while strength and years permit, endure labor (Ovid) dura lex, sed lex : the law is harsh, but it is the law E ecce homo : behold the man ego : consciousness of one's own identity eiusdem generis : of the same kind emeritus : retired after distinguished service and holding an honorary title (for example, emeritus professor) ergo : therefore errata : a list of errors (in a document or book) et alia : and other things et alii (et al.) : and others et cetera (etc.) : and so on et sequentes (et seq. or seqq.) : and those that follow et uxor (abbreviated et ux.) : and wife ex cathedra : formally, with official authority ex curia : out of court ex gratia : purely as a favour exempli gratia (e.g.) : for example F fama nihil est celerius : nothing is swifter than a rumour fiat : let it be done floruit : he flourished functus officio : having discharged his duty and thus ceased to have any authority over a matter G gaudeamus igitur : so let us rejoice H habeas corpus : you may have the body. (The opening words of a prerogative writ requiring a person holding another person to bring that person before a court) hic jacet : here lies honoris causa : as a mark of esteem I ibidem (ibid. in citations, etc.) : in the same place id est (i.e.) : that is idem : the same imperator : emperor imprimatur : let it be printed (12) of (20) IC : PTtklla01

13 in absentia : while absent inter alia : among other things in camera : in private session Ex. A court hearing in camera inter se : among themselves in casu : in this case inter vivos : during life in casu extremae necessitatis : in case of extreme necessity intra muros : within the walls in curia : in court intra vires : within the power in deo speramus : in God we trust in extenso : at full length in extremis : near death in flagrante delicto : in the very act of committing an offence in illo tempore : at that time in loco extremis : in the farthest place in loco parentis : in place of a parent in medias res : in the midst of things in memoriam : in memory in re : in the matter of in silico : by means of a computer simulation in situ : in its original situation in specie : in kind; (a) in its own form and not in an equivalent (b) in coins and not in paper money in toto : entirely in vino veritas : in wine there is truth in vitro : observable in a glass test tube; outside the living body and in an artificial environment in vivo : happening within a living organism index librorum prohibitorum : official list of the books not to be read by Catholics infra : below or on a later page infra dig : unbecoming (slang) Ex. Mahatama Gandhi taught us that no work should be considered infra dig. ipso facto : by that very fact L latine dictum : spoken in Latin loco citato (loc. cit.) : in the passage just quoted locum tenens : one occupying the place. assistent, deputy locus sigilli (l.s.) = the place of the seal locus standi : the right to be heard in court M magna carta : Great Charter Ex. The English Magna Carta of 1215 AD magna cum laude : with great honour or academic distinction magnum opus : great work Mater semper certa : the mother is always certain; the identity of the mother of the child is always certain me judice : I being the judge; in my opinion mea culpa : by my fault memento mori : remember that you have to die memorandum : a note of a something to be remembered mens rea : guilty mind mens sana in corpore sano : a sound mind in a sound body mirabile dictu : wonderful to relate modus operandi : the manner of working monumentum aere perennius : an immortal work of art or literature (literally, "a monument more lasting than bronze") (Horace) IC : PTtklla01 (13) of (20)

14 multi multa; nemo omnia novit : many know many things; no one knows everything multum in parvo : much in a small compass multus amicus, nullus amicus : a friend to all is a friend to none mutatis mutandis : the necessary changes being made N ne plus ultra : the highest standard of excellence nemine contradicente (nem. con.) : unanimously nemine dissentiente (nem. dis.) : unanimously nihil obstat : nothing stands in the way nil desperandum : there is no cause for despair (Horace) nisi : unless nolens volens : whether one likes it or not; willing or unwilling nolle prosequi : to be unwilling to prosecute non compos mentis : insane non sequitur : it does not follow, a conclusion which does not accord with the premises" noscitur a sociis : the meaning of a word can be known from the context opere citato (op. cit.) : in the work just quoted P pari passu : equally parturiunt montes, nascetur ridiculus mus : the mountains are in labour; a ridiculous mouse will be born (Horace); great promises, but no result or only a insignificant result passim : in various places (in a quoted work) pater est quem nuptiae demonstrant : the father is whom the marriage (vows) demonstrate; the father is indicated by marriage pax intrantibus : peace to those who enter pax vobiscum : peace be with you pedente lite : pending the suit per annum : per year per ardua ad alta : through difficulties to the heights per ardua ad astra : through difficulties to the stars per capita : by the head Ex. India s per capita income per centum : per hundred per diem : per day per mensem : per month nota bene (NB) : note well, important per omnia saecula saeculorum : for ever and ever numero pondere et mensura deus omnia condidit : God created everything by number, weight and measure (Isaac Newton) O o tempora, o mores! : oh, the times! oh, the morals! (Cicero) obiter dictum : a saying by the way omne ignotum pro magnifico est : all things unknown seem grand (Tacitus the Elder) omnia mutantur, nos et mutamur in illis : all things are changing, and we are changing with them per procurationem (per pro or pp) : as agent for per se : taken alone persona non grata : a non acceptable person post hoc ergo propter hoc : after this, therefore because of this (a logical fallacy) post meridiem (p.m.) : after midday post mortem : after death (also figuratively) prima facie : on a first view omnia vincit amor, nos et cedamus amori : love conquers all things, let us too yield to love (Virgil) primus inter pares : first among equals (14) of (20) IC : PTtklla01

15 pro bono publico : in the public good requiescat in pace : rest in peace pro bono : done without charge in the public interest res ipsa loquitur : the thing speaks for itself pro forma : for the sake of form pro hac vice : for this occasion pro rata : according to the rate pro se : on one's own behalf pro tanto : to that extent pro tempore (pro tem) : for the time being proximo (prox.) : of the next month Q qua : in the capacity of quantum in me fuit : I have done my best quasi : as if qui desiderat pacem, praeparet bellum : let him who desires peace prepare for war (Vegetius) quid pro quo : something for something quis custodiet ipsos custodes? : who is guarding the guards? quo in casu : in which case quo vadis? : where are you going? quod erat demonstrandum (QED) : which was to be proved quod erat faciendum (QEF) : which was to be done quod vide (q.v.) : which see R ratio decidendi : the reason for the decision ratio legis est anima legis : the reason of the law is the soul of the law res tantum valet quantum vendi potest : a thing is worth only what someone else will pay for it rex : king rigor mortis : the stiffening of a body after death S salve, salvete : be greeted, hail, welcome semel in anno licet insanire : one can act the fool once a year semper fidelis : always faithful senatus populusque Romanus (SPQR) : the Senate and the people of Rome sensu stricto : in a narrow or strict sense seqq : and those that follow seriatim : one after another in order si vis pacem, para bellum : if you want peace, prepare for war sic : thus, used in quoted passages to indicate that an error sic transit gloria mundi = thus passes the glory of the world silentium est aureum : silence is golden silva rerum : an assorted collection of facts simpliciter : naturally; without qualification sine anno (s.a.) : year not known sine die : without stipulating a day sine qua non : an indispensable condition status quo : the existing condition re : in the matter of reductio ad absurdum : reduction to the absurd (proving the truth of a proposition by proving the falsity of all its alternatives) regina : queen stet : let it stand sub judice : before a court sub rosa : in confidence IC : PTtklla01 (15) of (20)

16 sub verbo : under the word, heading sui generis : of its own kind supra : above or on an earlier page suum cuique : to each his own T tabula rasa : a clean paper tempus fugit : time flies tempus fugit, mors venit : time passes, death advances terra firma : dry land Ex. While talking about archaeology, he was on terra firma. terra incognita : unknown land terra nullius : uninhabited land Ex. The Senkaku islands are terra nullius. timeo danaos et dona ferentes : I fear the Greeks, even when they bring gifts (Virgil) U verbum sat sapienti (verb.sub) : a word to the wise is sufficient versus : against vi et armis : by force and arms vice : in place of vice versa : the order being reversed vide : see videlicet (viz.) : namely vires acquirit eundo : we gather strength as we go (Virgil) virgo intacta : virgin volenti non fit injuria : that to which a man consents cannot be considered an injury vox populi : voice of the people Ex. Communists thrive on the notion that they represent the vox populi whereas it may not entirely be true. uberrimae fidei : of the utmost good faith ultimo (ult.) : of the previous month ultra vires : beyond the power V vade mecum : a constant companion vale, valete : farewell velle est posse : where there is a will, there is a way veni, vidi, vici : I came, I saw, I conquered (Caesar) verbatim : exactly as said Answer key Practice Exercise (16) of (20) IC : PTtklla01

17 PRACTICE EXERCISE Suggested Time : 30 min T otal questi ons : The fundamental principle of law where there is a right there is a remedy is reflected in the maxim lex non cogit ad impossibilia actus curiae neminem gravabit ubi jus ibi remedium volenti not fit injuria 2. What does the maxim Actus curiae neminem gravabit mean? act of court shall prejudice no one act of God hurts no one act of law hurts no one act of government hurts no one 3. Which among the following maxims literally means that let health of the people be the paramount law? Scienti et volenti non fit injuria Sacramenta puberum sunt sarvanda Salus populi suprema lex Ultra volorem 4. What does the maxim De facto mean? concerning the law concerning the fact concerning the whole concerning the future 5. A friend of court appointed to assist the court in a certain proceeding, in legal terminology, is reffered to as alieni juris affinitas amicus curiae animo furandi 6. What does the Maxim Caveat venditor mean? Let the purchaser beware Other things being equal Let the seller beware None of these 7. Which of the following phrase means something for something? quo jure quid juris quid pro quo quo warranto 8. What does Prima facie mean? So far, to that extent Things done In self defence On the face of it 9. Temporary postponement of the execution of a criminal sentence, i.e. the death sentence, is called reprieve respite remission pardon 10. What does Ex nudo pacto actio non oritur mean? Proceedings brought by one person You shall have the body At fault No action arises on a contract without a consideration 11. What does the maxim Mens rea mean? A guilty state of mind A guilty state of body A guilty state of soul A guilty state of mind, body and soul 12. Theft is defined as dishonest removal of poverty removal of one s property without consent dishonest removal of movable property None of these 13. A type of writ seeking judicial review is Certiorari Compos Mentis Caveat Prohibition 14. Misappropriation of funds by one entrusted with them refers to Defalcation De nobo De minimus Derogation 15. What does In flagrante delicto mean? in blazing offense at fault in the extreme in existence 16. What does De jure stand for? What does it stand in contrast to? concerning the whole, de latte concerning the law, de facto concerning the proof, de amicus concerning the justice, de juris IC : PTtklla01 (17) of (20)

18 17. The term res subjudice means that a case has been decided by the court a case is pending before the court a case has been dismissed by the court None of these 18. The maxim Ubi jus ibi remedium means that justice should not be done but should be seen also law provides remedy for every wrong justice is to be according to law None of these 19. What does the maxim Pari Passu mean? On an unequal footing On an equal footing We command With evil intent 20. What does the maxim Assentio Mentium mean? A meeting of minds A meeting of souls A meeting of judges A meeting of lawyers 21. What does the maxim Respondeat Superior mean? Let the respondent answer Let the principle answer Let the principal (master) answer Let the lawyer or the employee answer 22. An ex parte decision means a decision given after hearing both the parties without proper procedure after observing proper procedure without hearing the opponent (other party) 23. The term Ratio Decidendi means a judicial decision the rationale for the decision any observation made by the court which goes beyond the requirement of the case an observation made by a judge 24. The term intra vires means within the powers of a body outside the powers of a body within the scope of fundamental rights regular powers exercised irregularly by a body 25. What does the maxim Caveat emptor mean? Let the purchaser beware Other things being equal, let the reader beware Let the seller beware Both and DIRECTIONS for Q.26 to 30: Given below are some commonly used legal maxims. Select the correct answer from the four options given below. 26. Ex gratia 27. Mala fide other things being equal in good faith out of kindness, voluntary None of these in bad faith 28. Ex cathedra on an equal footing sincere, in good faith None of these agreement as to the same things rightful 29. Pro tempore 30. Suo Motu with full official authority None of these for the time being permanently so far, to that extent None of these on its own motion in self defence nobody s property of public right 31. What does this legal maxim cogitationis poenam nemo patitur mean? Arbitrators are judges No one is punished for merely thinking of a crime Crimes are extinguished by death An award is a judgement 32. Match the following: List I List II A. Causa Causans 1. Against the peace B. Ad rem 2. The primary cause C. Carte blanche 3. To the point D. Contra pacem 4. Full discretionary power Codes: A B C D (18) of (20) IC : PTtklla01

19 33. What does Gratis dictum mean? Out of court, friendly Tactless mistake, obligatory As mark of esteem Mere assertion, not obligatory 34. What does Res nullis mean? things, matter, issue, affair common to all things done nobody s property 35. When a worker s overtime is calculated on a pro rata basis, it means that it is calculated in proportion for himself for so much out of favour 41. The principle that the owner of a parcel of a land also owns the air above and the ground below the parcel, is known as Ad Coelum Quantum meruit Ad Hoc landus Ad idem 42. What does In loco parentis mean? in the place of parents in the place of ward in the place of law in the place of justice 43. What does Res gestae mean? things pending things done things carried forward things never done 36. What does ab initio refer to? Towards the end From the beginning Initial burden None of these 44. What does Post mortem mean? after funeral before funeral before death after death 37. Salus Populi Lex means that Public opinion is supreme, and no govt. can overrule that Individual is supreme, not the society Welfare of the people is supreme economic rationale Health of the people is the supreme law 45. A formal statement of fact is a/an alter ego affidavit contra addendum 38. What is the meaning of Rey Nunquam Moritur? The finishing point of a monarchy King is beneath the Law More hope of succeeding the next The King never dies 39. What does Habeas corpus mean? you shall have the body you shall have the mind you shall have the soul you shall have the health 40. What does Mandamus refer to? We command She commands He commands The Law commands 46. A person can not be convicted of crime, unless it can be proven that, the crime was even committed. This is known as the principle of Corpus Juris Corpus Delicti Crimen Falsi Corpus Murderi 47. What does Stare decisis mean? To stand by earlier decisions or precedent To stare at decisions with all legal sense To create faith in the decisions of the court None of these 48. What does the maxim Publici juris mean? Of private right Of public right Of his own right Of public jurisdiction IC : PTtklla01 (19) of (20)

20 49. What does the maxim Quid pro quo mean? So far, to that extent The very words The place in which Consideration, something for something else 50. Who is an amicus curiae? A friend of court A supporter of court A prosecutor working for a court A party to some very important case Please make sure that you mark the answers in this score sheet with an HB pencil. The marking of answers must be done in the stipulated time for the test. Do not take extra time beyond the given limit. SCORE SHEET (20) of (20) IC : PTtklla01