Foreign Legal Terms

A aver et a
tener a luy et a
ses heires

(Law Pr.) In old English law. To hold.

A aver et tener a luy et a ses
heires, to have and to hold to him
and his heirs. Litt. 625. To keep.
Tener hors de droit heire, to keep
out the right heir. Britt. c. 65.

Ab agendo

:( )

Disabled from acting; unable to act;
incapacitated for business or
transactions of any kind.

Abalienatio
Abalienatio, in Roman law, is a
legal transfer of property by sale or
other alienation.
Ab assuetis non
fit injuria

Ab extra
Ab initio

From things to which one is

accustomed (or in which there has
long been acquiescence) no legal
injury or wrong arises. If a person
neglects to insist on her right, she
is deemed to have abandoned it.
From outside.
From the beginning
It refers to something being the
case from the start or from the
instant of the act, rather than from
when the court declared it so. A
judicial declaration of the invalidity
of a marriage ab initio is a nullity.
in science: A calculation is said to
be ab initio (or "from first
principles") if it relies on basic and
established laws of nature without
additional assumptions or special
models.
Void ab initio

) (
.

)

.

Ab invite

By or from an unwilling party. A

transfer ab invito is a compulsory
transfer.
Ab intestato AB INTESTAT. An heir, ab intestats,
is one on whom the law casts the
inheritance or estate of a person
.who dies intestate

) (

Ab irato By one who is angry. A devise or

gift made by a man adversely to
the interest of his heirs, on account
of anger or hatred against them, is
said to be made ab irato. A suit to
set aside such a will is called an
action ab irato. Merl. Repert Ab
irato. Civil law. A Latin phrase,
which signifies by a man in anger. It
is applied to bequests or gifts,
which a man makes adverse to the
interest of his heir, in consequence
of anger or hatred against him.
Thus a devise made under these
circumstances is called a
testament ab irato. And the suit
which the heirs institute to annul
this will is called an action ab irato.
.Merlin, Repert. mots Ab irato
Ab olim Of old; formerly.(1) In distant
times.(2) By long tradition.
Compare with Ab antiquo
A coelo usque
This means that the owner in
ad centrum
theory owns everything a coelo
(from the sky) usque ad centrum
(right down to the centre of the
earth). However, in practice there
are many exceptions to this
.principle
A contrario
On the contrary
sensu
Actus reus
Guilty act
A.D Anno Domini
Ad hoc
For this specific purpose

)(

)

.(
.

( )/
...
An ad hoc committee
/

( )
/
/

Ad idem
Ad infinitum
Ad litem

Of the same mind/ in agreement

Without limit/ without end
For the suit

Administrator
ad litem

A person appointed by the court to

represent the interests of an estate
in an action. Such an appointment
is usually made because the estate
has no administrator or because
the current administrator has
interests in the action that conflict
.with those of the estate
a fortiori (pronounced ah-for-sheory) prep. Latin for "with even
stronger reason," which applies to a
situation in which if one thing is
true then it can be inferred that a
second thing is even more certainly
true. Thus, if Abel is too young to
serve as administrator, then his
younger brother Cain certainly is
.too young

)

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(.

Anno Hegirae

) ....
(

A fortiori

A gratia (see.
ex gratia)
A.H

A justitia (quasi
a quodam fante)
omnia juria
emanant
A latere

From justice ( as a fountain) all

.rights flow

(legate a latere)

)
(
.collateral

A limpossible
nul cest tenu

No one is bound to do the

.impossible

Amanuensis

One who write another dictates.

About the beginning of the sixth
century,, the tabellions (q.v.) were
.known by this name

)
(

A manibus
.Royal scribe. Amanuensis
A mensa et From bed and board: A divorce a
thoro mensa et thoro, is rather a
separation of the parties by act of
law, than a dissolution of the
marriage. It may be granted for the
causes of extreme cruelty or
desertion of the wife by the
husband. 2 Eccl. Rep. 208. This kind
of divorce does not affect the
legitimacy of children, nor authorize
a second marriage. V. A vinculo
.matrimonii; Cruelty Divorce
Amicus curiae
A person assisting the court
(pl. amici
curiae)
A piratis et
Things captured by pirates and
latronibus capta
robbers do not change title
dominum non
mutant
A posteriori
A rescriptis
valet
argumentum
Aretro

A vinculo
matrimonii

An argument drawn from original

.writs in the register is good

In arrear; behind. Also written a

.retro
Ante
before
divorce a vinculo matrimonii

Audi alteram
partem

Audi alteram partem (or audiatur

et altera pars) is a Latin phrase
that literally means "hear the other
side" or "hear the alternative
party".[1] It is most often used to
refer to the principle that no person
should be judged without a fair
hearing in which each party is
given the opportunity to respond to
the evidence against them.[2]

consensus ad

Meeting of the minds (also

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.
( )

)

(

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idem

De facto
De fine force
(from French)
Erga omnes

Et alli (et al)

Exempli gratia
Ex gratia

Fine force

Id est (i.e)
Inter alia
Intestate (from
Latin)
Intra vires
Ipso facto
Legate a latere
(from Latin:
Legatus a

referred to as mutual agreement,

mutual assent or consensus ad
idem) is a phrase in contract law
used to describe the intentions of
the parties forming the contract. In
particular it refers to the situation
where there is a common
understanding in the formation of
the contract. This condition or
element is often considered a
necessary requirement to the
.formation of a contract
In fact
Or necessity; of pure necessity
In legal terminology, erga omnes
rights or obligations are owed
toward all. For instance a property
right is an erga omnes entitlement,
and therefore enforceable against
anybody infringing that right. An
erga omnes right (a statutory right)
can here be distinguished from a
right based on contract, which is
only enforceable against the
.contracting party
And others
For example
:Ex gratia payment

An absolute necessity or an
inevitable constraint ( see de fine
force)
That is
Among other things
: To die intestate
.
Within power
By that very fact itself
a confidential papal legate of the
highest degree who is appointed
especially for a particular mission

/

/


)
(

latere)
Pacta sunt
servanda

and not as a permanent

representative abroad.
Pacta sunt servanda is a Latin term
which means agreements must be
kept. It is the principle in
international law which says that
international treaties should be
upheld by all the signatories. The
rule of pacta sunt servanda is
based upon the principle of good
faith. The basis of good faith
indicates that a party to the treaty
cannot invoke provisions of its
domestic law as a justification for a
failure to perform. The only limit to
pacta sunt servanda is the
peremptory norms of general
international law known as jus
cogens which means compelling
.law

Pari passu
Pari passu is a Latin phrase that literally
means "with an equal step" or "on equal
footing". It is sometimes translated as
"ranking equally",[1] "hand-in-hand", "with
equal force", or "moving together", and by
extension, "fairly", "without partiality".[2]

Per se
Prima facie
evidence

By itself
Prima facie (/pram fe.i/;[1]
from Latin: prm faci) is a Latin
expression meaning on its first
encounter, first blush, or at first
sight. The literal translation would
be "at first face" or "at first
appearance", from the feminine
form of primus ("first") and facies
("face"), both in the ablative case.
It is used in modern legal English to
signify that on first examination, a
matter appears to be self-evident
from the facts. In common law
jurisdictions, prima facie denotes

)
(

Sic

Sui iuris/juris
Sui iuris, )
commonly also
spelled sui juris,
is a Latin phrase
that literally
means of ones
(own laws
Versus (VS, and
V only in cases)
Videlict

Ultra vires

evidence that unless rebutted

would be sufficient to prove a
particular proposition or fact. The
term is used similarly in academic
philosophy. Most legal proceedings
require a prima facie case to exist,
following which proceedings may
then commence to test it, and
.create a ruling
thus (used after a word to indicate
the original, usually incorrect,
(spelling or grammar in a text
of one's own right; able to exercise
one's own legal rights

against (versus is abbreviated to

'v.' in case citations, but to 'vs.' in
all other instances)
Viz. (also rendered viz without a
period) and the adverb videlicet
are used as synonyms for "namely",
"that is to say", and "as follows".
Beyond power
Opp. of intra vires

:

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