MODULE IV
LATIN TERMS
1. AB INITIO [L. ab + initium / the beginning]: From the beginning. Used generally to
indicate that a document or an event— e.g., a contract, statute, deed, marriage, etc. —
was effective from and relates back to its inception or creation. The term void ab
initio establishes that an act or document never had any valid or effective existence.
2. AD HOC [L. ad + hic, haec, hoc / this]: For this; for this particular purpose only.
Someone or something selected or designated for a special purpose, as an ad hoc
committee; also used to describe an act done at the spur of the moment, as an ad hoc
solution or an ad hoc demonstration.
3. AD INTERIM [L. ad + interim / meanwhile, in the meantime]: In the meantime; for
a limited time; temporary. Ad interim alimony is temporary support pending the
outcome of the proceeding. An interim copyright is a copyright for a limited time,
shorter than for a conventional copyright.
4. AMICUS CURIAE [L. amicus / friend; curia / in ancient Rome, the meeting place of
the Roman Senate]: Literally, friend of the court; applied to anyone who is not a party
to the litigation but helps the court to resolve an issue or dispute. Amicus curiae briefs
are often submitted in important cases by strangers to the litigation to argue a
particular point or rule in which they have an interest.
5. ARBITRARY [L. arbitror, arbitrari / to witness, see, perceive]: Action or thought
not supported by any guiding rule or law. Unrestrained by rule or order. The
irresponsible use of power. The phrase arbitrary and capricious refers to conduct
which is unreasonable and unresponsive to fact and reason. The decision of a judge is
arbitrary if it has no reasonable foundation in the record.
6. ARSON [L. ardeo + ardere / to glow, burn, be on fire]: The wilful burning of a
building or structure with criminal intent. The felony of destroying a building,
including a building of the perpetrator, by fire or, in some states, by use of explosives.
7. ATTEST [L. attestor, attestari / to bear witness to, to affirm, to swear]: To confirm
as true; to verify. To affirm or authenticate by subscribing as witness. To bear witness
to the truth of.
8. ATTORNEY [L. ad + tornare]: An agent or deputy. One who is delegated or
appointed to act for another. An attorney in fact is anyone who is given the formal
power to act for another, either generally or with respect to specified matters. Also, of
course, a person authorized to practice law, a lawyer, an attorney at law.
9. AXIOM [L. axioma / a worthy thing (from the Greek)]: An established rule or
principle; an accepted truth.
10. BATTERY [L. battuere / beat, knock]: In the law of torts, an offensive or harmful
contact with the person of another without the consent or invitation of that person;
also the apprehension of such contact. The person who intends and commits such
contact is liable in damages for the tort of battery.
11. BELLIGERENT [L. belligerare / to wage war]: Hostile, pugnacious. In law, the
status of a nation which is at war with another nation; also, the status of an insurgent
group or person attempting to take control of a nation by force.
12. BENEFICIARY: One who benefits from some act, legal interest or arrangement.
Examples:the person who receives the income from a trust is the beneficiary of the
trust; the beneficiary of a life insurance policy receives the proceeds on the death of
the insured; a third-party beneficiary receives the benefit of a contract to which he is
not a party.
13. BONA FIDE [L. bona + fides / trust, confidence, belief]: In good faith; honest;
without guile or deceit; innocent.
14. BRIEF [L. brevis / a short period; short in space or time]: Short in duration. Concise.
A summary of the legal arguments submitted by counsel to the court in support of a
motion or on a point of law being considered by the court. A brief usually cites cases
decided or cited by the court and by other courts relevant to the matters at issue. A
brief is also any memorandum written by a law clerk or associate to guide the lawyer
in charge of a matter.
15. COURT [L. cohors / an enclosure or yard]: An official body for the administration of
justice and the adjustment of disputes. A single unit of the justice system and of the
judicial branch of state or federal government. A place or building for the
dispensation of justice. A judge or judges while exercising judicial functions. A trial
court is a court of original jurisdiction which hears witnesses and resolves disputes.
The federal trial courts are known as district courts. An appellate court is a court
which considers and rules upon allegations of error by the trial courts. A court of last
resort is the highest appellate court in a jurisdiction. In New York, the court of last
resort is the Court of Appeals.
16. DE FACTO [L. de + facere / to make do]: In fact; in reality; actually. Anything
which exists in fact but not necessarily of right. A body, group, institution, committee,
person or entity which exercises, or acts in given circumstances as though it had, the
authority to perform a given act, without necessarily having such authority. A
usurpation of authority. Used in conjunction with other words or phrases, as follows:
de facto authority; de facto board of directors; de facto court; de facto incumbent; de
facto judge; de facto jury; de facto officer; de facto trustee; de facto segregation. In
all these cases, the sense is of authority claimed or exercised without legal right. A de
facto merger occurs when one corporation purchases the assets of another and
assumes all its debts but fails to call the transaction a merger.
17. EX FACTO [L. ex + factum / an accomplished fact, a deed or fact]: As a result of the
act. As a consequence of the act or fact.
18. EX GRATIA [L. ex + gratia / pleasantness, kindness, thankfulness. Willingly]: Out
of a sense of fairness. An action done as a favour, not because it was required, due or
owed. A decision made not in recognition of right but out of a sense of fairness and
justice.
19.EX OFFICIO [L. ex + officium / service, duty, function, office]: From the office, by
virtue of the office; powers necessarily held or implied by virtue of an office or title. Powers
which need not be specified but which may be exercised nevertheless because they are
necessary to the administration of the office by the officeholder.
20.EX PARTE: By or on the application of one party only; applied to proceedings which are
initiated by or for the benefit of one party without notice to the other; e.g., an ex parte
proceeding. An ex parte injunction is an order issued by the court upon the application of one
party without notice to the other. Other proceedings which may occur ex parte: ex parte
divorce; ex parte hearing; ex parte license revocation.
21.LOCUS STANDI: The place where one stands. A litigant’s standing in court. The right to
appear and be heard before a body such as a court, a legislature, a committee, etc.
22. MALA FIDES [L. mala+ fides / trust, reliance, faith]: Bad faith, in bad faith. With evil
intent. The opposite of bona fides.
23. MODUS OPERANDI [L. modus / measure, method, manner + operare / to
work, labor]: The manner of operation; a term used by the police to describe the characteristic
methods used by a suspect in performing his crimes. Patterns of activity so unique to a
particular criminal that he can be identified by them.
24. PETITION [L. peto, petere / to beg, beseech, request]: A formal request. A formal
document submitted to a court, administrative body or legislature praying for some stated
relief. Also, a complaint or other pleading commencing an action.
25. PRIVATE [L. privare, privatus / to free from; to make private]: Reserved to a particular
person or group or class of persons. Not available to or accessible by the public. Independent
of the state or government or of society in general, as a private club or a private school.
Unknown to and restricted from others, as a private matter.
26. PUBLIC [L. publicus (poplicus) / belonging to the people; in the name of the
people; at the expense of all citizens]: The people as a whole; all the people. The entire body
of citizens of a state or nation. The people or community at large. The government and its
interests. Known or recognized by the majority of citizens. Relating to the interests of the
community at large.
27. SINE DAMNO [L. sine / without + damnum / damage, injury, penalty]: Without any
injury or damage.
