Latin/French Translation (dog Meaning/Explanation Phrase English?

)
ab initio from the beginning As it says - as if it had never started. that part of the definition of a criminal offence which is over and beyond any mental element. For an interesting case see R v Antoine (Times 10-May- !. "ee also mens rea. #s$ally a g$ardian ad litem% someone who is appointed by the co$rt to act as g$ardian of a person $nder a disability for the p$rposes of the co$rt proceedings to represent that person&s interests to the co$rt. A legal representative acting independently of any of the parties to a case% and $s$ally at the re'$est of the co$rt. This is the intention central to a claim for adverse possession of land on the part of the person claiming the land to ta(e the ownership of the land. )t denotes a mind which is e*cl$ding the real owner. An in+$nction to the co$rt to achieve fairness by listening to both sides of a case. More legal French than ,atin% b$t never mind. This is the core of the theory that a man cannot be tried for the same crime twice. &The b$ggers did me for this% once already& is the local e'$ivalent. "till being $sed by the -o$rt of Appeal in May .001 (R v /! 0here nobody is fo$nd to own goods% their title comes to be

actus reus

the physical act

ad litem

for the litigation

amicus curiae

friend to the co$rt

animus possidendi the mind of a possessor

audi alterem partem autrefois convict

hear the other side

otherwise convicted

bona vacantia

goods vacant of title

vested in the -rown. caveat emptor let the b$yer ta(e care The r$le% now forgotten in a cons$mer society% that a b$yer m$st ma(e his own +$dgement before b$ying anything% and bear the ris( if he gets it wrong. "till applies generally in the p$rchase of land.

certiorari

&let it be ordered that& Th eterm for a co$rt ma(ing an order re'$iring a positive act from some body. against good morals 1escriptive of an act which is seen to be against the general good standards of the pop$lation at large. 0here an in+$nction is made by the co$rts which is intended to affect all those who might come to (now of it% it is iss$ed &contra m$nd$m&. A r$le of contract law which s$ggests that a party who proposes a term of a contract can e*pect that% if there is any ambig$ity in it% it will be constr$ed against him. This is $sed partic$larly where it is felt that the term proposed is $nfair% or imposed by a dominant party. "ee 2era "hipping -orporation v 2etroship "A 31 456 . ,loyd&s ,aw Rep 107

contra bonos mores

contra mundum

against the world

contra preferentem

against the offeror

corpus delicti

The body of the crime That part of the evidence of a crime which is the victim. )n m$rder it&s the body. 8eloved of fancif$l policemen. for what benefit the co$rt considered A bit of healthy scepticism. "imilar to &Follow the money& The +$dge too( a long l$nch% and then allowed it to settle before giving his +$dgement. )n effect% the co$rt r$minated% too( its time before prono$ncing. More

cui bono curia ad vult (Curia advisari vault)

properly9 the arg$ments are ta(en $nder advisement: the -o$rt reserves +$dgment% to be given later% after consideration. Damnum damage &1amn$m& in the conte*t of o$r law of reparation means a loss in the sense of a material pre+$dice to an interest that the law recognises as a legal interest. 0hen there is a conc$rrence of in+$ria and damn$m the person whose legal right has been invited with a res$ltant loss to him has a right to recover money reparation for that loss for the wrongdoer. ,ord Mc,$s(ey

de bene esse

&for what it is worth& ;ot to be conf$sed with pro &with a good heart& or bono. For the good < +$st in case with goodwill (e.g. adding =powers of arrest> to in+$nction! (Tim 2otten! )n practice it may be $sed for e*ample where a co$rt accepts a doc$ment or hears a plea witho$t first deciding whether it sho$ld strictly do so. (?ohn "pencer! Also @a +$ry note or letter will% save in e*ceptional circ$mstances% always be loo(ed at by the trial +$dge and% if there is an appeal% by the -o$rt of Appeal (the legal e*pression is de bene esse - ie for what it is worth!: its e*istence and character will normally be disclosed to the parties& co$nsel and s$bmissions as to its significance% andAor responded to% be invited.@ Regina -v-onnor and another: Regina -vMirBa (-on+oined Appeals! 3.00C6 #DE, . for $nadministered goods A chap (-hap 1! dies. Eis e*ec$tor (-hap .! str$ggles with the b$rden% b$t himself dies before completing his tas(. The

e*ec$tor of -hap .% has to sort o$t the $nadministered part of the estate of -hap 1. The a$thority for this is gained by applying for a grant &de bonis non administratis& in -hap 1&s estate as well as an ordinary grant for the estate of -hap .. "$ch grants are simple to obtain% b$t can be a so$rce of considerable additional $pset for all involved% since the administration of the estate is $niversally rather complicated. de facto de jure from the facts from the law )t&s +$st a fact - live with it. )t&s the law. )t m$st be right. "ometimes read% am$singly no do$bt% as &de Minnie Mo$se non c$rat Re*& (Re* (a dog! doesn&t chase Minnie Mo$se! Ftherwise% it is a rather optimistic s$ggestion that the law will not waste its time with tiny $nimportant points. ) tho$ght that&s what lawyers were here for. The alternative s$ggestion is &The law does not concern itself with trifles& Again a rathe wea( s$ggestion from what ) have seen of ,aw "ociety dinners. "tarting again. "ee also ab initio. This is the r$le that a child of a certain age is pres$med not to be able to gather together s$fficient awareness of right and wrong to be g$ilty of a criminal offence. 1oli incapa* applied for children from ten to 1C $ntil the -rime and 1isorder Act 1 4% when it was effectively abolished. The opposite is doli capa*.

de minimis non curat lex

;o trifles in the law

de novo doli incapax

from the new incapacity for g$ilt

donatio mortis causa

gift made beca$se of A gift which is made anticipating a death the death of the donor. A death

bed gift. This is one of the few e*ceptions to the need for a testamentary disposition to be made in writing and witnessed. eiusdem generis others of the same type )n any list of things% this refers to things falling within the same class. )t is $s$ally $sed to chop away some $ne*pected additional meaning for one word in the list. Finding that it sho$ld be constr$ed in this way removes that meaning.

ex abundante cautulae

From an ab$ndance The motto of every sane of ca$tion conveyancer. Tie $p every bootlace with a do$ble (not. Ma(e damn s$re its right. 8e more ca$tio$s for the sa(e of being ca$tio$s. on the balance of +$stice action will not arise from a fail$re from the side A +$stification sometimes $sed (ahem! when +$dges want to do h$stice rather than the law. A version% pop$lar in G$rope% of o$r own e* t$rpi ca$sa non orit$r actio. An application made to co$rt by one party to an action% witho$t informing the other side first. The co$rt only hears one side. This is a re'$est made by parties to international proceedings that the case sho$ld be heard in a different co$ntry% that co$ntry being the more appropriate. The applications are $s$ally made $nder the Rome -onvention. This is the sit$ation where a co$rt having once made a decision on a partic$lar matter% ceases to have any +$risdiction to ma(e any f$rther order. )t has made it&s mind $p% and any later alteration m$st be by another%

ex debito justiciae

ex delicto non oritur actio ex parte

ex post facto forum non conveniens

from after the deed 0ith hindsight inconvenient for$m

functus officio

f$nction discharged

appellate% co$rt. "ee for e*ample Mac1onald v "(elt 31 456 RTR 7.1 Habeas corpus ad yo$ have the body subjiciendum &,et the body be prod$ced&. This is a writ addressed ($s$ally! to the operator of a prison% or indeed anyone else who may be alleged to be (eeping someone prisoner% ordering him to deliver $p the body to the co$rt. The writ has been in vario$s forms most are now mere history. Anyone who has wor(ed with the co$rts will (now that getting bodies o$t of prison to co$rt is far more diffic$lt than it so$nds. 9

Habeas corpus ad satisfaciendum - an order to produce a prisoner imprisoned for debt to be produced to the court so that he can say how he will satisfy the judgement debt. Habeas corpus ad respondendum - bring a prisoner to court so that he may be re-chargd (usually by a higher court) Habeas corpus ad testificandum - bring him to court as a witness

ignorantia juris non excusat

,et no-one be "ee 2an(hania -v- The ,ondon e*c$sed for ignorance 8oro$gh of Eac(ney (3.00.6 of the law G0E- .CC1(-h!!. The co$rt disc$ssed the ma*im describing it in the following terms9 @a tag whose d$bio$s $tility wo$ld have been enhanced% had it gone on to e*plain who was not e*c$sed and from what. As it stands% it means no more than that ignorance of the general law does not e*c$se anyone from

compliance with it% a proposition with which criminal lawyers are familiar. )n translation% it has become distorted and amplified meaning% in s$ch e*pressions as @everyone@ is ta(en to (now the ,aw@% from which follow two f$rther propositions ($nderpinning the @mista(e of law@ and @misrepresentation of law@ r$les respectively! (i! @ as yo$ are ta(en to (now the law% it is yo$r fa$lt if yo$ are mista(en as to it% even if ) have misrepresented it to yo$% and beca$se of that yo$ sho$ld have no relief@. Those two propositions bear little relation to% and do not follow logically from% the ma*im @ignorantia +$ris non e*c$sat@% b$t save for its ,atin roots% no basis for the @misrepresentation of law@ r$le is to be fo$nd@ in personam in person 0here a remedy is available only against a person who owns an ob+ect the s$b+ect matter of an action% s$ch an action is &in personam& "ee in contradistinction 'in rem& #s$ally remedies in law are given by the award of money in satisfaction or e*ample of damage to an ob+ect. 0here an action is with regard to the ob+ect itself% the claim is e*pressed to be in rem. Fften $sed in shipping actions. (see also in personam! -ertain bodies operate $nder powers given to them e*plicitly by stat$te or by their r$les. An act within the scope allowed is called &intra vires&. "ee also ultra vires

in rem

in the thing

intra vires

within the powers

ipso facto lis

by virt$e of that fact the tie

#sed to mean &by that fact alone& The legal iss$e in disp$te. )t is that which binds opposing parties together in a co$rt action.

locus poenitentiae standing of a penitent A wrong-doer who repents his wrong-doing may not be prevented from enforcing an $nlawf$l contract. magis est ut res valeat quam pereat #sed by ,ord 1iploc( in Attorney-/eneral of The /ambia v. Momodo$ ?obe 31 4C6 A.-. H4 described it as a canon of constr$ction% namely the principle of constit$tionality - a stat$te is to be constr$ed to be compliant with the constit$tion. Proper translation required! we order A term $sed to categorise certain (inds order% $s$ally in administrative proceedings against a p$blic a$thority. 0here an order re'$ires a positive act from a party% the co$rt orders him to do something% the re'$est is for an order of mandam$s.

mandamus

mens rea

This is short for &act$s non facit re$m nisi mens sit rea& The mental element% $s$ally the the mind of the thing intention% b$t sometimes other things as well% which has to be proved in any criminal case for the prosec$tion to s$cceed.

mutatis mutandis ma(ing the necessary 0hen an arg$ment from one changes sit$ation is applied in another% certain elements will have to be altered to fit the new sit$ation.

These alterations are made m$tatis m$tandis. nemo debet bis no-one sho$ld ris( punire pro uno being p$nished twice delicto (or nemo for the same offence debit bis vexari, si constat curiae quod sit pro una et eadem causa) nemo judex in sua ;o one sho$ld be a causa +$dge in his own ca$se "ee R -v- "tat$tory -ommittee of 2harmace$tical "ociety of /reat 8ritain 31 416 . All GR 405 ,ord ,ane -?.

"ee 1imes v. /rand ?$nction -anal (145.! 7 E.,.-. I5 % I 7% per ,ord -ampbell. For a mor e$p to date e*ample see the -riminal 2roced$re and )nvestigations Act 1 H. A police officer is called to a scene. Ee pic(s o$t and on a yo$ng man% and as these things the lad is charged with assa$lt 2-. The log of the call shows it was the yo$ng man who called the police. The officer is himself at ris( of being acc$sed of assa$lt. Ee is appointed both )nvestigating and 1isclos$re Ffficer. Ee lists the doc$ments% and mar(s the log as of no assistance to the defence. Gnd of case. Ee has +$dged it% and neither the defence nor the co$rt will see the log which wo$ld ris( his own prosec$tion. The Act in effect appoints him to be a +$dge in his own case.

Nemo potest esse tenens et dominus nolle prosequi

;obody can be both A person cannot be his own tenant and landlord landlord (see Rye v Rye 31 H.6 A.-. C H ,ord 1enning!. let there be no prosec$tion The proced$re $nder which the 122 stops some Thom Fool private citiBen from silly prosec$tions. A $s$ally '$ite $ns$ccessf$l claim that a doc$ment was not act$ally signed by the person who appears to have signed it.

non est factum

not my deed

This phrase is close to my heart beca$se it demonstrates the nonsense of the definitions of signat$res contained in the Glectronic -omm$nications Act .000% and the Reg$lation of )nvestigatory 2owers Act .000. The dra$ghtsmen sho$ld have read A$stin&s &1oing things with 0ords.& Non haec in foedera veni (translatiov re'$ired! This was not what ) promised to do. The law of contract and how a party can be e*c$sed performance where the contract has been fr$strated and can only be performed in a different way. (1avis -ontractors ,td -vFareham #rban 1istrict -o$ncil (31 5H6 A- H H!! A new act intervening )f ) set one series of actions in train% they will lead to a concl$sion% and ) may be responsible for that concl$sion. 0here however somebody else later intervenes% and s$fficiently alters that chain of events% so that in law ) sho$ld no longer be held liable% then that act is one of these. bare agreement )n contract law% an enforceable contract only e*ists when consideration% some val$e% is given for the promise so$ght to be enforced. An agreement witho$t consideration% a bare promise% is generally $nenforcable. The ret$rn made by a sheriff when he enters $pon property and finds nothing of val$e. "ee also n$llem crimem sine lege. )t is more pop$lar% if slightly less acc$rate in this form.

novus actus interveniens

nudum pactum

Nulla

ona

;o /oods

nulla poena sine legem

;o p$nishment witho$t a law

nullem crimen sine ;o crime witho$t a lege law.

0hatever yo$ do% if there isn&t a law which says it is criminal% it isn&t a crime. This predates the 2rotection from Earassment Act 1 I. The analysis of a +$dge&s +$dgment sho$ld separate o$t the core of the decision% the factors which lead to the case going one way not another. Fbiter 1icta are the rest. "o m$ch legal detrit$s.

obiter dicta, obiter e*traneo$s words dictum, obiter, ob

omnia praesumuntur contra spoliatorem

,et all be pres$med This is an ancient r$le of against a spolier of evidence which may now be evidence slightly less broadly applicable than it was. "ee Armory -v1elamirie (1I..! 1 "tra 505 and Malhotra -v- 1hawan 31 I6 G0-A -iv 10 H% 31 I6 4 Med ,R 71 &,egal opinion follows J As opposed to principles% for practicalities& e*ample avoiding trial of m$rderers already awarded life tariff. (Tim 2otten again! )n the place of the parents 0here the co$rt ta(es $pon itself the stat$s and standing of a parent to ma(e a decision in their stead on behalf of their child. This can be $sed% for e*ample to e*plain that creditors within a certain ran( of priority% m$st receive e'$ally in ratio to their debts. Also certain classes of shares in a company may have different voting rights as between classes% b$t ran( e'$ally within a class.

opinio juris sive necessitates'

parens patriae

pari passu

with e'$al ran(ing

pecunia non olet

money doesn&t smell #sed by The Eon Mr ? ?acob in -ommissioners of -$stoms and G*cise v 2oloc( 3.00.6 G0E15H (-E! A lovely bit of latin showing yet again the power of this wonderf$l lang$age. This

time the -ommissioners were chasing the proceeds of prostit$tion. They wanted their po$nd of KAT. They got it. They didn&t care where it came from. per incuriam by a mista(e of the co$rt This is where one co$rt wishes to say that an earlier decision was incorrect. )t says that it was decided thro$gh an error of the +$dge (tho$gh the error may +$st J ahem ... have been ind$ced by others!. The decision is wrong% and it is the +$dge&s decision. A case which may be made o$t based $pon the evidence which may be presented% b$t is ac(nowledged to be witho$t that evidence having been tested. For free. 0or( done by lawyers for the p$blic good. ) still cannot get o$t of my head that this is act$ally nothing more than a way for very e*pensive lawyers in the big firms to salve their consciences very p$blicly% for half an ho$r a month of a +$nior&s time. )t stin(s. Most legal aid lawyers spend half of their day doing &pro bono& wor(% b$t somehow this does not seen to co$nt. )t doesn&t have the same mar(eting behind it. quantum meruit for what it&s worth This is a way for a co$rt to assess how m$ch is d$e to a party for the wor( they have done% when all else has failed he is paid what the wor( was worth. )t typically arises when some element of the contract% or even the entire contract% is binned by the co$rt for other reasons. Anything is a '$asi thing if it seems li(e a thing% or does thing

prima facie

with first sight

pro bono (publico) for the good

quasi

as if it were

li(e things witho$t itself being a thing. ratio decidendi The decision&s reason This is the core legal reason which% when applied to the facts fo$nd% t$rns the decision on way rather than the other. -ompare with obiter dicta relevant reasons "imilar to o$r ratio decidendi. (0hy is G$ropean ,atin different from o$r ,atinL! Reasons partic$lar to the people involved. )n effect% a ma*im that a co$rt sho$ld loo( at things as they act$ally are rather% perhaps% than as how someone might want them to be. #sed post 0oolf by ? 0al(er in 0illiams v "cottish and ;ewcastle (Times March H .001!. & . . . when pl$rals are bro(en down% each sing$lar component m$st be attrib$ted to its respective sing$lar and not to every other possible sing$lar& the thing spea(s for itself. &)ts so bloody obvio$s% why are yo$ defending thisL& A claim often proceeding from the lips of those who cannot '$ite see why their opponent is act$ally liable. )f the sit$ation spea(s for itself% what need is there of the poor lawyerL The core of the case before a co$rt% the central iss$e.

ratione materiae

ratione personae ratione temporae

perosnal reasons

Reasons of the time Temporary reasons.

reb$s sic stantib$s &things standing as they are&

reddendo singula singulis

res ipsa loquitur

res gestae res judicata

the thing from which it is generated

the thing having been This refers to the nat$ral ad+$dged rel$ctance of co$rts to have their decisions challenged. An iss$e is decided: the loser can appeal. )f he doesn&t% and comes to have lost that right% he can no longer assert in those proceedings that

the iss$e was wrongly been decided. The +$dicial act had been made% and finished% and done with. scintilla temporis a tiny bit of time The small time slice between two legal b$t probably fictitio$s transactions% m$ch beloved of ta* practitioners. )t seems.

semble !ic utere tuo ut alienum non laedas

)t seems

"o behave that yo$ (translation provided by , E do not harm others. ,ewy - Than(s! Again &$se yo$r power so as not to in+$re yo$r neighbo$rs (especially in land occ$pation or property deployment! from Tim 2otten. @things will sort themselves o$t@ Fr as a famo$s Tamla song had it &0al( on by& - it will sort itself o$t +$st by wal(ing. /among contract - generally $nenforceable. let the decision stand "tand by the decision% chaps. The ma*im that what has once been settled in law sho$ld not be $nnecessarily be dist$rbed. The doctrine of precedent% namely that it sho$ld be followed. in the strict sense. This is not legal ,atin strict$ sens$% b$t rather a ,atin term in general $se. #nder the co$rt. Fnce a co$rt has become seised of a matter% it becomes improper (no really J properly improper! to comment in any way which might pre+$dice the co$rt&s decision% or the defendant&s right to a fair trial. This is a reference to the name by which a case has been entered in co$rt. Many entities will have several names% and it is not necessarily obvio$s what name has been $sed in co$rt.

solvitur ambulando

sponsio ludicra stare decis

strictu sensu

!ub "udice

$nder +$stice

sub nom

$nder the name

The phrase is $sed to indicate what name has been $sed. )t is strictly short for sub nomine !ubpoena ad #estificum &$nder penalty to witness false s$ggestion A re'$irement to attend co$rt as a witness - or else. /arden paths% and being lead come to mind. "ee also &s$ppressio veri. Eas anyone read% and ) do mean to the end% ,ord Eailsham&s opinions when he was going thro$gh his 0ittgensteinian &8l$$e 8oo(& period. sui generis of its own type 0hen as(ing whether the law which applies to one area (perhaps of several! can apply in another% to reply that the new area is &s$i generis& is to say that it is so partic$lar in its characteristics that it cannot be treated in the same manner as others. )t is one on its own.

s$ppressing the tr$th "ay the following% b$t say the fo$rth word very '$ietly% and very '$ic(ly9 &The tr$th% the lawyer&s tr$th% and nothing b$t the tr$th&. Gasy eno$gh wasn&t itL ,in(ed with &s$ggestio falsi&L tabula in naufragio a plan( in a shipwrec( Anything will do if all else is lost. "trictly a term describing what happemns when a p$isne mortgagee% threatened with e*tension% b$ys the interest of a mortgagee &b$t one& above% to tac( his interest onto that of the first% +$moning his p$isne charge in priority. ) didn&t $nderstand that either for many years. &This fig$re has been $sed to denote the condition of a third mortgagee% who obtained his mortgage witho$t any (nowledge of a second mortgage% and then% being

p$isne% ta(es the first enc$mbrance: in this case he shall s'$eeBe o$t and have satisfaction before the second.& ()nspired by McDellar% 1avid A of Eong Dong! turpis causa evil ca$se Refers to a ca$se of action which is corr$pt. 2art of a longer phrase &G* t$rpi ca$sa no orit$r actio& - no case can be bro$ght relying $pon an evil ca$se. &Ff $tmost good faith& is a term $sed to describe the d$ties owed by one person to another when a contract brings them partic$larly close. The two areas in which it principally appears are ins$rance law% and partnership law. )n each case% one part is said to owe the other a d$ty of the $tmost good faith. Fre'$ently $sed becas$e partners and ins$rance policy holders are notorio$s for not being entirely straight. coined by ,ord Eolt in Ashby v 0hite (1I07! . ,d Raym 55. This seems now somewhat optimistic% b$t s$ggests that if a co$rt finds a right% it wo$ld not normally ma(e sense to find% at the same time% that there is no way of enforcing it. For some strange reason% it seems to be $s$ally '$oted when denying a that there is a right. )f the claimant cannot find an appropriate remedy% he cannot have had a right. ultra vires o$tside the powers -ertain bodies operate $nder powers given to them e*plicitly by stat$te or by their r$les. An act o$tside the scope allowed is called &$ltra vires&. "ee also intra

uberrimae fidei

$tmost good faith

ubi ius ibi remedium

wherever there is a right there is a remedy

vires A sort of international law right of possession. )n theory if one co$ntry invades another and ta(es land by force% generally everyone gets aro$nd event$ally to giving $p on trying to change it. )t is not clear nowadays whether it has any validity - tho$gh it might if we did it. "ee 2alestine% and )srael.

uti possedis

right of one having ta(en possession

$t res magis valeat quam pereat or magis est $t res valeat '$am pereat %idelicet volenti non fit injuria

That the matter may An interpretation ta(en to allo have effect rather wproceedings to have effect than fail rather than fail(L!. Friginal tranlation by 8ill Anderson ewaMpower$p.com.a$ - many than(s. that it be seen $s$ally shown as &viB& - &for which see&

a vol$nteer may not 0here somebody ta(es on claim for his damage himself a (nown ris( vol$ntarily% he cannot complain in damages for the foreseen in+$ry res$lting. This is often $sed in defences to actions for sports in+$ries - if yo$ are daft eno$gh to get into the ring with Mi(e Tyson - do not complain if he hits yo$ (tho$gh yo$ can if he bites!.