A VOX VEL DUOS (A WORD OR TWO)
• A tempore morae FROM THE MOMENT OF DEFAULT Denotes the date from which a debtor defaulted on a payment.
• Ad diem TO THE DAY APPOINTED At the day, as a plea of payment ad diem, on the day when the money became due.
• Ad idem OF SAME MIND As one; agreed (e.g. the parties are ad idem on this point).
• Ad infinitum INDEFINITELY Denotes a seemingly endless state.
• Ad hoc FOR THIS PURPOSE ONLY An ad hoc committee is formed for a specific purpose, usually appointed to solve a particular problem. An ad hoc attorney is one hired to handle one problem only often is a specialist in a particular area or considered especially able to argue a key point.
• Antenuptial (contract) BEFORE MARRIAGE A written contract between two people who are about to marry, setting out the terms of possession of assets, treatment of future earnings, control of the property of each, and potential division if the marriage is later dissolved.
• Bona fide (also see “mala fide”) IN GOOD FAITH Indicates innocence or lack of knowledge of any fact that would cast doubt.
• Bona vacantia Denotes goods without an apparent owner.
• Compos mentis OF SOUND MIND Legally fit to conduct/defend proceedings.
• De minimis non curat lex THE LAW DOES NOT CONCERN ITSELF WITH TRIFLES Common law principle whereby judges will not sit in judgment of extremely minor transgressions of the law.
• Domicilium citandi et executandi A physical address where the delivery of legal notice will be accepted by a party to a written agreement.
• Duces tecum BRING WITH YOU Order to produce document to court.
• Ex gratia AS A MATTER OF FAVOUR An ex gratia payment would be awarded without the acceptance of any liability or blame.
• Ex officio BY VIRTUE OF HIS OFFICE Powers are granted and exercised by public/court officers which are not expressly delegated.
• Ex parte ON ONE SIDE ONLY Done by, for, or on the application of one party alone. An ex parte judicial proceeding is conducted for the benefit of only one party. The term ex parte is used in a case name to signify that the suit was brought by the person whose name follows the term.
• Fideicommissum Usually created in a will, according to which property is first bequeathed to the one person and then, subsequently, to someone else.
• Fiduciary A person who holds assets in trust for a beneficiary.
• Forum conveniens AT A CONVENIENT PLACE A Court having jurisdiction in a particular case.
• Habeas corpus PRODUCE THE BODY A writ that directs a person to produce someone held in custody before the court.
• Habitatio RESIDENCE / DWELLING The right of free residence in the house of another.
• Ignorantia juris non excusat IGNORANCE OF THE LAW IS NO EXCUSE If committing an offence, a guilty party cannot use as a defence the fact that they did so without knowledge that they were breaking the law.
• In situ IN THE ORIGINAL POSITION If something is in situ, it is in its original place.
• Inter alia AMONG OTHER THINGS In Pleadings to designate that a particular statute set out therein is only a part of the statute that is relevant to the facts of the lawsuit and not the entire statute. Also used when reporting court decisions to indicate that there were other rulings made by the court but only a particular holding of the case is cited.
• Intra vires (also see “ultra vires") WITHIN THE POWER OF An act that falls within the Jurisdiction of the Court.
• Ipso facto BY THE FACT The reliance upon facts that together prove a point.
• Locus in quo THE PLACE IN WHICH During proceedings may be used as reference to subject matter, i.e. scene of accident.
• Mala fide (also see “bona fide”) IN BAD FAITH Intentional dishonest act by not fulfilling legal or contractual obligations.
• Mens rea GUILTY MIND The intention to commit an offence whilst knowing it to be wrong.
• Mora Denotes that a party to a contract, who has an obligation, has neglected to perform same, and is in default.
• Nemo est supra leges NO ONE IS ABOVE THE LAW The law applies to everyone equally.
• Nulla poena sine lege NO PENALTY WITHOUT LAW Refers to the legal principle that one cannot be punished for doing something that is not prohibited by law.
• Obiter dictum REMARK IN PASSING Remark made or opinion expressed by a judge in a decision, which is incidental or collateral, and not directly bearing upon the question before the court.
• Post mortem AFTER DEATH Occuring or done after death.
• Praedium dominans (also see “praedium serviens”) DOMINANT TENEMENT Land in favour of which a servitude exists over the land of another.
• Praedium serviens (also see “praedium dominans”) SERVIENT TENEMENT Land subject to a servitude in favour of another tenement or land.
• Prima facie FIRST SIGHT Prima Facie evidence would be considered sufficient to prove a case unless disproved - if no Prima Facie evidence can be offered there is no case to answer.
• Res ipsa loquitur THE THING SPEAKS FOR ITSELF An event that has occurred which, if the subject of litigation, would not require an onus of proof by the plaintiff because of the obvious negligence of the defendant.
• Salvo iure WITHOUT PREJUDICE Without any loss or waiver of rights or privileges.
• Sequester SEPARATE To take (property) out of possession of the owner until a debt has been settled.
• Sic JUST LIKE THAT A misspelled or incorrect word in a quotation followed by "sic" indicates that the error appeared in the original source.
• Subpoena ad testificum TO PRODUCE EVIDENCE A writ directed to a person commanding him/her, under a penalty, to appear before a Court and give evidence.
• Ultra vires (also see “intra vires”) BEYOND THE POWER An act that falls outside or beyond the jurisdiction of the court.
• Usufruct USING THE FRUITS The right of enjoying a thing (property), ownership of which is vested in another, and to draw from the same all the profit, utility, and advantage which it may produce, provided it be without altering the substance of the thing (property).
• Usus magister est optimus PRACTICE IS THE BEST TEACHER Practice makes perfect.
• Vide / Viz. (abbreviation of the “videlicet”) IT MAY BE SEEN Used as synonym for "namely”, “precisely”, “that is to say" or to introduce a specification or a more detailed description of something stated before.
Reference Sources:
“Concise Law Dictionary” Sixth edition (Burke Osborn) 1976
“The Routledge Dictionary of Latin Quotations” (John R. Stone) 2004
“Trilingual Legal Dictionary” Third edition (Hiemstra & Gonin) Juta 2001