List of Latin legal terms
A number of Latin terms are used in legal terminology and legal maxims. This is a partial list of these terms, which are wholly or substantially drawn from Latin, or anglicized Law Latin.
Common law
| Term or phrase | Literal translation | Definition and use | English pron |
| a fortiori | from stronger | An a fortiori argument is an "argument from a stronger reason", meaning that, because one fact is true, a second fact must also be true. | |
| a mensa et thoro | from table and bed | Divorce a mensa et thoro indicates legal separation without legal divorce. | |
| a posteriori | from later | An argument derived after an event, having the knowledge about the event. Inductive reasoning from observations and experiments. | |
| a priori | from earlier | An argument derived before an event, without needing to have the knowledge about the event. Deductive reasoning from general principles. | |
| a quo | from which | Regarding a court below in an appeal, either a court of first instance or an appellate court, known as the court a quo. | |
| 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 | "Commonly used referring to the time a contract, statute, marriage, or deed become legal. e.g. The couple was covered ab initio by her health policy." | |
| absque hoc | without this | "Presenting the negative portion of a plea when pleading at common by way a special traverse." | |
| Actio non datur non damnificato | An action is not given to one who is not injured. | The requirement that in most private legal actions, the person bringing the action must have been damaged in some way. | |
| Actus legis nemini facit injurium | The act of law injures no one. | ||
| Actus non facit reum, nisi mens sit rea | No act is punishable that is not the result of a guilty mind. | The prosecution in a criminal case must prove beyond a reasonable doubt, not only a criminal act, but also a certain level of a guilty mind, specified in the criminal statute. | |
| actus reus | guilty act | Part of what proves criminal liability. | |
| ad coelum | to the sky | Abbreviated from Cuius est solum eius est usque ad coelum et ad infernos which translates to " whoever owns soil, is his all the way to Heaven and 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 | In cases of a disputed will, delay may endanger the assets of the deceased. Therefore, a court can give a person a writ of ad colligenda bona, which entitles them to collect and preserve the goods while their rightful owner is determined. Afterwards, that person will release the goods to the rightful owner. | |
| 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 hominem | at the person | Attempting to make a point of logic by attacking an opponent's character rather than answering their argument. | |
| ad idem | to the same thing | In agreement. | |
| ad infinitum | to infinity | To continue forever. | |
| ad litem | for the case | Describes those designated to represent parties deemed incapable of representing themselves, such as 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. | |
| allocatur | it is allowed | Generally, a statement from a court that a writ is allowed ; most commonly, a grant of leave to appeal by the Supreme Court of Pennsylvania, in reference to which the word is used equivalently to certiorari elsewhere. | |
| alter ego | another I | A second identity living within a person. | |
| Alteri stipulari nemo potest | No-one can alter on their own a contract | ||
| amicus curiae | friend of the court | A person who offers information to a court regarding a case before it. | |
| animus contrahendi | contractual intent | Intention to contract. | |
| animus manendi | intention to remain | The subjective intent to remain indefinitely in a place so as to establish it as one's permanent residence. Along with actual residence, this is used to establish domicile. Also called animus remanendi. See diversity of citizenship. | |
| animus nocendi | intention to harm | The subjective state of mind of the author of a crime, with reference to the exact knowledge of illegal content of their behaviour, and of its possible consequences. | |
| animus possidendi | intention to possess | "In order to claim possessory rights, an individual must establish physical control of the res and the intention to possess " | |
| animus revertendi | intention to return | "Wild animals, such as bees and homing pigeons, that by habit go 'home' to their possessor. Used when discussing ferae naturae." | |
| animus testandi | testamentary intent | The intention, when writing a document, that the document should serve as a last will and testament. | |
| ante | before | “An antenuptial agreement is a contract between two people that is executed before marriage.” | |
| arguendo | for the sake of argument | ||
| bona fide | in good faith | Implies sincere good intention regardless of outcome. | |
| bona vacantia | ownerless goods | ||
| cadit quaestio | the question falls | Indicates that a settlement to a dispute or issue has been reached, and the issue is now resolved. | |
| casus belli | case of war | The justification for acts of war. | |
| caveat | May he beware | When used by itself, refers to a qualification, or warning. | |
| caveat emptor | Let the buyer beware | In addition to the general warning, also refers to a legal doctrine wherein a buyer could not get relief from a seller for defects present on property which rendered it unfit for use. | |
| certiorari | to be apprised | A type of writ seeking judicial review. | |
| cessante ratione legis cessat ipsa lex | when the reason for a law ceases, so does the law itself | Herbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. | |
| ceteris paribus | with other things the same | More commonly rendered in English as "All other things being equal." | |
| compos mentis | having command of mind | Of sound mind. Also used in the negative "Non compos mentis", meaning "Not of sound mind". | |
| condicio sine qua non | A condition without which it could not be | An indispensable and essential action, condition, or ingredient. | |
| consensus ad idem | agreement to the same | Meeting of the minds, mutual assent, or concurrence of wills. Parties must be of one mind and their promises must relate to the same subject or object Also consensus in idem. | |
| contra | against | Used in case citations to indicate that the cited source directly contradicts the point being made. | |
| contra legem | against the law | Used when a court or tribunal hands down a decision that is contrary to the laws of the governing state. | |
| contradictio in adjecto | contradiction in adjective | A contradiction where adjective contradicts its noun. | |
| contra proferentem | against the one bringing forth | Used in contract law to stipulate that an ambiguous term in a contract shall be interpreted against the interests of the party that insisted upon the term's inclusion. Prevents the intentional additions of ambiguous terminology from being exploited by the party who insisted on its inclusion. | |
| coram non judice | before one who is not a judge | Refers to a legal proceeding without a judge, or with a judge who does not have proper jurisdiction. | |
| corpus delicti | body of the crime | A person cannot be convicted of a crime, unless it can be proven that the crime was even committed. | |
| corpus juris | body of law | The complete collection of laws of a particular jurisdiction or court. | |
| corpus juris civilis | body of civil law | The complete collection of civil laws of a particular jurisdiction or court. Also sometimes used to refer to the Code of Justinian. | |
| corpus juris gentium | body of the law of nations | The complete collection of international law. | |
| corpus juris secundum | An encyclopedia of US law drawn from US Federal and State court decisions. | ||
| crimen falsi | crime of falsifying | Forgery. | |
| cui bono | as a benefit to whom? | Suggests that the perpetrator of a crime can often be found by investigating those who would have benefited financially from the crime, even if it is not immediately obvious. | |
| curia advisari vult | the court wishes to consider | Signifies the intent of a court to consider the points of law argued during advocacy, prior to judgement. | |
| de bonis asportatis | carrying goods away | Specifies that larceny was taking place in addition to any other crime named. E.g. "trespass de bonis asportatis". | |
| debellatio | warring down | Complete annihilation of a warring party, bringing about the end of the conflict. | |
| de bonis non administratis | of goods not administered | Assets of an estate remaining after the death of the designated estate administrator. An "administrator de bonis non administratis" will then be appointed to dispose of these goods. | |
| de die in diem | from day to day | Generally refers to a type of labor in which the worker is paid fully at the completion of each day's work. | |
| de facto | in fact | Literally "from fact"; often used to mean something that is true in practice, but has not been officially instituted or endorsed. "For all intents and purposes". Cf. de jure. | |
| de futuro | concerning the future | At a future date. | |
| de integro | concerning the whole | Often used to mean "start it all over", in the context of "repeat de integro". | |
| de jure | according to law | Literally "from law"; something that is established in law, whether or not it is true in general practice. Cf. de facto. | |
| de lege ferenda | of the law as it should be | Used in the context of "how the law should be", such as for proposed legislation. | |
| de lege lata | of the law as it is | Concerning the law as it exists, without consideration of how things should be. | |
| de minimis | about the smallest things | Various legal areas concerning small amounts or small degrees. | |
| de minimis non curat lex | the law is not concerned with minimal things | The rule that the law will not remedy an injury that is minimal. | |
| de novo | anew | Often used in the context of "trial de novo"a new trial ordered when the previous one failed to reach a conclusion. | |
| deorum injuriae diis curae | The gods take care of injuries to the gods | Blasphemy is a crime against God, rather than against the State. | |
| dictum | said | A statement given some weight or consideration due to the respect given the person making it. | |
| doli incapax | incapable of guilt | Presumption that young children or persons with diminished mental capacity cannot form the intent to commit a crime. | |
| dolus bonus | Justinian Digest | ||
| dolus malus | Justinian Digest | ||
| dolus specialis | Specific deceit | Heavily used in the context of genocide in international law. | |
| domitae naturae | tame by nature | Tame or domesticated animal. Also called mansuetae naturae. Opposite of ferae naturae | |
| donatio mortis causa | deathbed gift | Gift causa mortis; "The donor, contemplating imminent death, declares words of present gifting and delivers the gift to the donee or someone who clearly takes possession on behalf of the donee. The gift becomes effective at death but remains revocable until that time." | |
| dramatis personae | persons of the drama | ||
| duces tecum | bring with you | A "subpoena duces tecum" is a summons to produce physical evidence for a trial. | |
| ejusdem generis | of the same class | Known as a "canon of construction", it states that when a limited list of specific things also includes a more general class, that the scope of that more general class shall be limited to other items more like the specific items in the list. | |
| eo nomine | by that name | ||
| erga omnes | towards all | Refers to rights or obligations that are owed towards all. | |
| ergo | |||
| erratum | having been made in error | ||
| et al. | and others | Abbreviation of et alii, meaning "and others". | |
| et cetera | and other things | Generally used in the sense of "and so forth". | |
| et seq. | and the following things | Abbreviation of et sequens, meaning "and the following ones". Used in citations to indicate that the cited portion extends to the pages following the cited page. | |
| et uxor | and wife | Usually used instead of naming a man's wife as a party in a case. | |
| et vir | and husband | Usually used instead of naming a woman's husband as a party in a case. | |
| ex aequo et bono | of equity and good | Usually defined as "what is right and good." Used to describe the power of a judge or arbiter to consider only what is fair and good for the specific case, and not necessarily what the law may require. In courts, usually only done if all parties agree. | |
| ex ante | of before | Essentially meaning "before the event", usually used when forecasting future events. | |
| ex cathedra | from the chair | Where chair refers to authority or position. Authority derived from one's position. | |
| ex concessis | from what has been conceded already | Also known as "argument from commitment", a type of valid ad hominem argument. | |
| ex delicto | from a transgression | The consequence of a crime or tort. | |
| ex demissione | from a transgression | part of the title of the old action of ejectment Jones v. Doe ex dem. Smith | |
| Ex dolo malo non oritur actio | No action arises from harm | ||
| ex facie | on the face | If a contract is blatantly and obviously incorrect or illegal, it can be considered void ex facie without any further analysis or arguments. | |
| ex fida bona | good business norms | ||
| ex gratia | by favor | Something done voluntarily and with no expectation of a legal liability arising therefrom. | |
| ex officio | from the office | Something done or realized by the fact of holding an office or position. | |
| ex parte | from one party | A decision reached, or case brought, by or for one party without the other party being present. | |
| ex post | from after | Based on knowledge of the past. | |
| ex post facto | from a thing done afterward | Commonly said as "after the fact." | |
| ex post facto law | A retroactive law. E.g. a law that makes illegal an act that was not illegal when it was done. | ||
| ex proprio motu | by own motion | Commonly spoken as "by one's own accord." | |
| ex rel | out of the narration | Abbreviation of ex relatione. Used when the government brings a case that arises from the information conveyed to it by a third party. book of facts and law presented in a Canadian court. | |
| favor contractus | favor of the contract | A concept in treaty law that prefers the maintaining of a contract over letting it expire for purely procedural reasons. | |
| felo de se | felon of himself | A suicide. This archaic term stems from English common law, where suicide was legally a felony, thus a person who committed suicide was treated as a felon for purposes of estate disposal. | |
| ferae naturae | wild animals by nature | Wild animals residing on unowned property do not belong to any party in a dispute on the land. Opposite of domitae naturae. | |
| fiat | Let it be done. | A warrant issued by a judge for some legal proceedings. | |
| fieri facias | May you cause to be done. | A writ ordering the local law enforcement to ensure that damages awarded by the court are properly recovered. A writ of execution. | |
| fortis attachiamentum, validior praesumptionem | strong attachment, the stronger presumption | When determining whether a chattel is a fixture: "size doesn't matter, how much or degree chattel is attached to 'land' and to 'what' " | |
| forum non conveniens | disagreeable forum | A concept wherein a court refuses to hear a particular matter, citing a more appropriate forum for the issue to be decided. | |
| fumus boni iuris | smoke of a good right | Refers to having a sufficient legal basis to bring legal action. | |
| functus officio | having performed his office | A person, court, statute, or legal document that has no legal authority, because its original legal purpose has been fulfilled. | |
| gravamen | things weighing down | The basic element or complaint of a lawsuit. | |
| guardian ad litem | guardian for the case | An independent party appointed in family law disputes to represent parties that cannot represent themselves, such as minors, developmentally disabled, or elderly. | |
| habeas corpus | May you have the body. | A writ used to challenge the legality of detention. Orders the detaining party to "have the body" of the detained brought before the court where the detention will be investigated. | |
| hostis humani generis | enemy of the human race | A party considered to be the enemy of all nations, such as maritime pirates. | |
| imprimatur | Let it be printed. | An authorization for a document to be printed. Used in the context of approval by a religious body or other censoring authority. | |
| in absentia | in absence | A legal proceeding conducted without the presence of one party is said to be conducted in absentia, e.g., trial in absentia or being sentenced in absentia. | |
| in articulo mortis | at the moment of death | Often used in probate law, as well as for testimony in the sense of a dying declaration. | |
| in camera | in the chamber | Conducted in private, or in secret. The opposite of in open court. | |
| in curia | in court | Conducted in open court. The opposite of in camera. | |
| in esse | in existence | Actually existing in reality. Opposite of in posse. | |
| in extenso | in the extended | In extended form, or at full length. Often used to refer to publication of documents, where it means the full unabridged document is published. | |
| in extremis | in the extreme | In extreme circumstances. Often used to refer to "at the point of death." | |
| in flagrante delicto | in blazing offense | Caught in the actual act of committing a crime. Often used as a euphemism for a couple caught in the act of sexual intercourse, though it technically refers to being "caught in the act" of any misdeed. | |
| in forma pauperis | in the manner of a pauper | Someone unable to afford the costs associated with a legal proceeding. As this will not be a barrier to seeking justice, such persons are given in forma pauperis status, wherein most costs are waived or substantially reduced. | |
| in futuro | in the future | Refers to things to come, or things that may occur later but are not so now. As in in futuro debts, i.e. debts which become due and payable in the future. | |
| in haec verba | in these words | Used when including text in a complaint verbatim, where its appearance in that form is germane to the case, or is required to be included. | |
| in limine | at the threshold | A motion to a judge in a case that is heard and considered outside the presence of the jury. | |
| in loco parentis | in the place of a parent | Used to refer to a person or entity assuming the normal parental responsibilities for a minor. This can be used in transfers of legal guardianship, or in the case of schools or other institutions that act in the place of the parents on a day-to-day basis. | |
| in mitius | in the milder | A type of retroactive law that decriminalizes offenses committed in the past. Also known as an amnesty law. | |
| in omnibus | in all | Used to mean "in every respect." Something applying to every aspect of a situation. | |
| in pari delicto | in equal offense | Used when both parties to a case are equally at fault. | |
| in pari materia | in the same matter | Refers to a situation where a law or statute may be ambiguous, and similar laws applying to the matter are used to interpret the vague one. | |
| in personam | in person | Used in the context of "directed at this particular person", refers to a judgement or subpoena directed at a specific named individual. Cf. in rem. | |
| in pleno | in full | ||
| in propria persona | in one's own person | Said of one who represents themselves in court without the assistance of an attorney. | |
| in re | in the matter | Used in the title of a decision or comment to identify the matter they are related to; usually used for a case where the proceeding is in rem or quasi in rem and not in personam and occasionally for an ex parte proceeding. | |
| in rem | about a thing | Used in the context of a case against property, as opposed to a particular person. See also in rem jurisdiction. Cf. in personam. | |
| in situ | in position | Often used in the context of decisions or rulings about a property or thing "left in place" after the case as it was before. | |
| in terrorem | in order to frighten | A warning or threat to sue, made in the hopes of convincing the other party to take action to avoid a lawsuit. | |
| in terrorem clause | clause "in order to frighten" | A clause in a will that threatens any party who contests the will with being disinherited. Also called a no-contest clause. | |
| in toto | in total | ||
| indicia | indications | Often used in copyright notices. Refers to distinctive markings that identify a piece of intellectual property. | |
| infra | below or under | ||
| iniuria sine damno | injury without financial or property loss | It was stated in Ashby v. White that the law makes a presumption of damage in the absence of actual perceptible damage or financial loss and that the infringement of a right was enough for iniuria sine damno to be actionable. | |
| innuendo | by nodding | An intimation about someone or something, made indirectly or vaguely suggesting the thing being implied. Often used when the implied thing is negative or derogatory. | |
| inter alia | among others | Used to indicate an item cited has been pulled from a larger or more complete list. | |
| inter rusticos | among rustics | Refers to contract, debts, or other agreements made between parties who are not legal professionals. | |
| inter se | amongst themselves | Refers to obligations between members of the same group or party, differentiated from the whole party's obligations to another party. | |
| inter vivos | between the living | Refers to a gift or other non-sale transfer between living parties. This is in contrast to a will, where the transfer takes effect upon one party's death. | |
| intra | within | ||
| intra fauces terrae | within the jaws of the land | This term refers to a nation's territorial waters. | |
| intra legem | within the law | Used in various contexts to refer to the legal foundation for a thing. | |
| intra vires | within the powers | Something done which requires legal authority, and the act is performed accordingly. Cf. ultra vires. | |
| ipse dixit | He himself said it. | An assertion given undue weight solely by virtue of the person making the assertion. | |
| ipsissima verba | the very words | Referring to a document or ruling that is being quoted by another. | |
| ipso facto | by the fact itself | Used in the context that one event is a direct and immediate consequence of another. "In and of itself." | |
| ipso jure | the law itself | By operation of law. | |
| ius | law | For ius and various terms incorporating ius, see jus below and the relevant term incorporating jus | - |
| ius civile vigilantibus scriptum est | civil law is written for the vigilant | Noting that private law is written for those persons who are vigilant in pursuing their interests and diligently care for their own affairs. | |
| jurat | swears | Appears at the end of an affidavit, where the party making the affirmation signs the oath, and the information on whom the oath was sworn before is placed. | |
| juris privati | of private right | Not clothed with a public interest. | |
| jus | law, right | Essentially: law. | |
| jus accrescendi | right of survivorship | Right of survivorship: In property law, on the death of one joint tenant, that tenant's interest passes automatically to the surviving tenant to hold jointly until the estate is held by a sole tenant. The only way to defeat the right of survivorship is to sever the joint tenancy during the lifetime of the parties, the right of survivorship takes priority over a will or interstate accession rules. | |
| jus ad bellum | laws to war | Refers to legalities considered before entering into a war, to ensure it is legal to go to war initially. Not to be confused with ius in bello, the "laws of war" concerning how war is carried out. | |
| jus civile | civil law | A codified set of laws concerning citizenry, and how the laws apply to them. | |
| jus cogens | compelling law | Internationally agreed laws that bear no deviation, and do not require treaties to be in effect. An example is law prohibiting genocide. | |
| jus gentium | law of nations | Customary law followed by all nations. Nations being at peace with one another, without having to have an actual peace treaty in force, would be an example of this concept. | |
| jus in bello | law in war | Laws governing the conduct of parties in war. | |
| jus inter gentes | law between the peoples | Laws governing treaties and international agreements. | |
| jus legationis | right of legation | The right to send and receive diplomatic representation | |
| jus naturale | natural law | Laws common to all people, that the average person would find reasonable, regardless of their nationality. | |
| jus primae noctis | right of the first night | Supposed right of the lord of an estate to take the virginity of women in his estate on their wedding night. | |
| jus sanguinis | right of blood | Social law concept wherein citizenship of a nation is determined by having one or both parents being citizens. | |
| jus soli | right of soil | Social law concept wherein citizenship of a nation is determined by place of birth. | |
| jus tertii | law of the third | Arguments made by a third party in disputes over possession, the intent of which is to question one of the principal parties' claims of ownership or rights to ownership. | |
| Jus tractatuum | |||
| lacuna | void, gap | A situation arising that is not covered by any law, especially when related situations are covered by the law or where the situation appears to fall "between" multiple laws. Generally used in International Law, which is less comprehensive than most domestic legal systems. | |
| lex communis | common law | Alternate form of jus commune. Refers to common facets of civil law that underlie all aspects of the law. | |
| lex fori | the law of the country in which an action is brought out | ||
| lex lata | the carried law | The law as it has been enacted. | |
| lex loci | the law of the place | The law of the country, state, or locality where the matter under litigation took place. Usually used in contract law, to determine which laws govern the contract. | |
| lex scripta | written law | Law that specifically codifies something, as opposed to common law or customary law. | |
| liberum veto | free veto | An aspect of a unanimous voting system, whereby any member can end discussion on a proposed law. | |
| lingua franca | the Frankish language | A language common to an area that is spoken by all, even if not their mother tongue. Term derives from the name given to a common language used by traders in the Mediterranean basin dating from the Middle Ages. | |
| lis alibi pendens | lawsuit elsewhere pending | Refers to requesting a legal dispute be heard that is also being heard by another court. To avoid possibly contradictory judgements, this request will not be granted. | |
| lis pendens | suit pending | Often used in the context of public announcements of legal proceedings to come. Compare pendente lite. | |
| locus | place | ||
| locus delicti | place of the crime | Shorthand version of Lex locus delicti commissi. The "scene of the crime". | |
| locus in quo | the place in which | The location where a cause of action arose. | |
| locus poenitentiae | place of repentance | When one party withdraws from a contract before all parties are bound. | |
| locus standi | place of standing | The right of a party to appear and be heard before a court. | |
| mala fide | bad faith | A condition of being fraudulent or deceptive in act or belief. | |
| malum in se | wrong in itself | Something considered a universal wrong or evil, regardless of the system of laws in effect. | |
| malum prohibitum | prohibited wrong | Something wrong or illegal by virtue of it being expressly prohibited, that might not otherwise be so. | |
| mandamus | we command | A writ issue by a higher court to a lower one, ordering that court or related officials to perform some administrative duty. Often used in the context of legal oversight of government agencies. | |
| mare clausum | closed sea | A body of water under the jurisdiction of a state or nation, to which access is not permitted, or is tightly regulated. | |
| mare liberum | open sea | A body of water open to all. Typically a synonym for International Waters, or in other legal parlance, the "High Seas". | |
| mea culpa | through my fault | An acknowledgement of wrongdoing. | |
| mens rea | guilty mind | One of the requirements for a crime to be committed, the other being actus reus, the guilt act. This essentially is the basis for the notion that those without sufficient mental capability cannot be judged guilty of a crime. | |
| modus operandi | manner of operation | A person's particular way of doing things. Used when using behavioral analysis while investigating a crime. Often abbreviated "M.O." | |
| mortis causa | in contemplation of death | Gift or trust that is made in contemplation of death. | |
| mos pro lege | custom for law | That which is the usual custom has the force of law. | |
| motion in limine | motion at the start | Motions offered at the start of a trial, often to suppress or pre-allow certain evidence or testimony. | |
| mutatis mutandis | having changed needed to be changed | A caution to a reader when using one example to illustrate a related but slightly different situation. The caution is that the reader must adapt the example to change what is needed for it to apply to the new situation. | |
| ne exeat | let him not exit | Shortened version of ne exeat republica: "let him not exit the republic". A writ to prevent one party to a dispute from leaving from the court's jurisdiction. | |
| Nemo dat quod non habet | Nobody can give what he has not | bankruptcy law | |
| Nemo debet bis vexari | No-one should be tried twice | It is a principle of double jeopardy where a person should not be tried twice on the same matter. | |
| Nemo iudex in causa sua | No-one should be a judge in his own case. | It is a principle of natural justice that no person can judge a case in which they have an interest. | |
| Nemo potest dare quod suum non est | No one can give what he possesses not | inter alia, see Dante on monarchy | |
| Nemo potest esse tenens et dominus | No one can at the same time be a tenant and a landlord | Nor can one person covenant with himself and others jointly | |
| Nemo potest mutare consilium suum in alterius iniuriam | Nobody can change his own purpose to another's injury | ||
| Nemo potest nisi quod de jure potest | A person can do only things, which s/he can do lawfully. | Under law, a thing which cannot be lawfully performed is considered not within one's power. | |
| Nemo potest praecise cogi ad factum | Nobody can be forced to a specific act | ||
| Nemo potest venire contra factum proprium | No-one can act in a way contrary to his own prior actions. | doctrines of promissory estoppel and equitable estoppel; prohibited for a party to act in such a way that contradicts a previous act of his own on which the other party relied, thus causing a detriment to the latter. | |
| Nemo potest facere per alium quod per se non potest | No one can do through another what he cannot do himself. | ||
| nihil dicit | He says nothing. | A judgement rendered in the absence of a plea, or in the event one party refuses to cooperate in the proceedings. | |
| nisi | unless | A decree that does not enter into force unless some other specified condition is met. | |
| nisi prius | unless first | Refers to the court of original jurisdiction in a given matter. | |
| nolle prosequi | not to prosecute | A statement from the prosecution that they are voluntarily discontinuing prosecution of a matter. | |
| nolo contendere | I do not wish to argue | A type of plea whereby the defendant neither admits nor denies the charge. Commonly interpreted as "No contest." | |
| non adimpleti contractus | of a non-completed contract | In the case where a contract imposes specific obligations on both parties, one side cannot sue the other for failure to meet their obligations, if the plaintiff has not themselves met their own. | |
| non compos mentis | not in possession of mind | Not having mental capacity to perform some legal act | |
| non constat | It is not certain. | Refers to information given by one who is not supposed to give testimony, such as an attorney bringing up new information that did not come from a witness. Such information is typically nullified. | |
| non est factum | It is not deed. | A method whereby a signatory to a contract can invalidate it by showing that his signature to the contract was made unintentionally or without full understanding of the implications. | |
| non est inventus | He was not found. | Reported by a sheriff on writ when the defendant cannot be found in his county or jurisdiction. | |
| non liquet | It is not clear. | A type of verdict where positive guilt or innocence cannot be determined. Also called "not proven" in legal systems with such verdicts. | |
| non obstante verdicto | notwithstanding the verdict | A circumstance where the judge may override the jury verdict and reverse or modify the decision. | |
| novus actus interveniens | a new action coming between | A break in causation because something else has happened to remove the causal link. | |
| noscitur a sociis | It is known by the company it keeps. | An ambiguous word or term can be clarified by considering the whole context in which it is used, without having to define the term itself. | |
| nota bene | note well | A term used to direct the reader to cautionary or qualifying statements for the main text. | |
| Nullum crimen sine lege | No-one can face punishment except for an act that was criminalized before he performed the act | ||
| Nulla poena sine culpa | no punishment without fault | One cannot be punished for something that they are not guilty of. | |
| nudum pactum | naked promise | An unenforceable promise, due to the absence of consideration or value exchanged for the promise. | |
| nulla bona | no goods | Notation made when a defendant has no tangible property available to be seized in order to comply with a judgement. | |
| nunc pro tunc | now for then | An action by a court to correct a previous procedural or clerical error. | |
| obiter dictum | a thing said in passing | In law, an observation by a judge on some point of law not directly relevant to the case before him, and thus neither requiring his decision nor serving as a precedent, but nevertheless of persuasive authority. In general, any comment, remark or observation made in passing. | |
| omnia praesumuntur rite essa acta | Everything is presumed right about this act | When reviewing official acts, the presumption that all formalities were complied with. | |
| onus probandi | Burden of proof. | ||
| ore tenus | presented orally | ||
| pace | with peace | Used to say 'contrary to the opinion of.' It is a polite way of marking a speaker's disagreement with someone or some body of thought. | |
| par delictum | equal fault | Used when both parties to a dispute are at fault. | |
| parens patriae | parent of the nation | Refers to the power of the State to act as parent to a child when the legal parents are unable or unwilling. | |
| pari passu | on equal footing | Equal ranking, equal priority. | |
| partus sequitur ventrem | Offspring follows the belly | Legal status of children of slaves is the same as their mother's. | |
| pendente lite | while the litigation is pending | Court orders used to provide relief until the final judgement is rendered. Commonly used in divorce proceedings. The adverbial form of lis pendens. | |
| per capita | by head | Dividing money up strictly and equally according to the number of beneficiaries | |
| per contra | by that against | Legal shorthand for "in contrast to". | |
| per curiam | through the court | A decision delivered by a multi-judge panel, such as an appellate court, in which the decision is said to be authored by the court itself, instead of situations where those individual judges supporting the decision are named. | |
| per incuriam | by their neglect | A judgement given without reference to precedent. | |
| per minas | through threats | Used as a defence, when illegal acts were performed under duress. | |
| per proxima amici | by or through the n |