UCT LibrariesBrand van Zyl Law Libraryhttp://www.lib.uct.ac.za/law

Glossary of Latin and Foreign Wordsand Phrases

compiled by the reference staff of the UCT Law Library.

A

a contrario on the other hand; in contrasta fortiori with stronger reason; more

conclusively; all the more soa posteriori from the latter; (reasoning) from effect

to causea priori from the former; (reasoning) from

cause to effecta quo from which (the court a quo refers to

the court of first instance)ab extra from withoutab initio (ab init.) from the start or inceptionab intestatio from an intestate (one dying without a

will)ab intra from withinab origine from the beginningabberatio ictus deflection of the blow (the perpetrator

strikes someone other than the personintended)

accessio addition; combining two thingsbelonging to different persons into asingle unit

accidentalia non-essential agreed or implied termsactio conducti action by the lessee against the lessor

to enforce performance of the hiringcontract

actio de pauperie action lying against the owner of ananimal for injury or damage caused bythe animal

actio empti (ex empto) action brought by the purchaseragainst the seller to enforceperformance of the contract of sale orto claim damages

actio in personam personal actionactio in rem real action; an action for the recovery

of a thingactio redhibitoria an action for setting aside the contract

and for restitution

actus reus an action element in a crime (asopposed to a mental component)

ad corpus by lump without measureaddendum (pl. addenda) something to be addedad hoc for a special or particular purposead hominem pertaining to the personad idem being of the same mind; in agreementad infinitum (ad inf) to infinityad litem for the purpose of the law suit/casead mensuram by measure (eg per unit/item)ad quantitatem see ad mensuram [q.v.]ad sectam (ads) at the suit ofad valorem according to the valueaedilitian actions these are the actio redhibitoria & actio

quanti minoris [q.v.]aliter otherwise; in a different wayaliunde extrinsic; from elsewhereamicus curiae friend of the court (someone who

advises the court but is not counsel inthe cause)

animus intention; will; motiveanimus furandi the intention to stealanimus contrahendi the intention of entering into a binding

agreementanimus iniurandi intent to cause harmanimus nocendi the intention of harming or causing

damageanimus possidendi the intention of possessing as owneranimus revocandi the intention to revoke (a will)animus testandi the intention of making a willanimus vendendi the intention to sellante before; prior toauctoritas authority; poweraudi alteram partem hear the other side; principle meaning

both sides (to a dispute) must beheard

au fait acquainted with the facts; expert;proficient

autrefois acquit already acquitted

autrefois convict already convicted

B

boedelskeiding the division of a joint estatebona fide in good faithbona vacantia goods without an apparent ownerboni mores the legal convictions of the communitybrutum fulmen empty threat

C

cadit quaestio the question falls away; leaves nofurther room for argument

caput chapter; headingcasus belli an act justifying warcausa cause or a basis for action; a reason

or considerationcausa causans the immediate causecasus omissus a contingency, matter or provision that

ought to have been inserted orprovided for in the law but was omitted

caveat a warning or cautioncaveat emptor let the buyer bewarecaveat subscriptor let the signer (of a document) bewarecaveat venditor let the seller bewarecertum certaintycertus quando certain whenceteris paribus other things being equalcirca around or about (the time)compos mentis of sound mindcondicio ob turpen causam a remedy available to an innocent

party to recover his performance(what he has given or paid)

conditio sine qua non condition without which not; anecessary condition

confer (cf.) comparecoram (cor.) in the presence ofconsensus agreement; unanimity

consensus ad idem meeting of the minds;like-mindedness; being in agreement

consortium omnis vitae physical, moral and spiritualcommunity of life [such as marriage]

constante matrimonio during the subsistence of the marriagecontra against; opposingcontra bonos mores contrary to good moralscontra proferentem see verbafortius...contrectatio taking control of a thing (an element of

theft)contumelia insult or contemptcui bono? who benefits or gains? (from a crime)culpa lata gross negligenceculpae capax accountableculpae incapax not accountablecur ad vult see curia advisari vultcurator ad litem curator for the court casecuria advisari vult (cur ad vult) the court wishes to consider; reserves

its judgment

D

de facto in fact; actual; existingde jure in point of law; by rightde lege ferenda the law as it ought (ideally) to bede lege lata the law as it (actually) is or as it has

been made or passedde minimis non curat lex the law does not concern itself with

triflesde novo afreshdelegatus non delegare potest a delegate cannot herself delegatedetentio effective or physical controldictum (pl. dicta) a remark, statement or sayingdictum et promissum a seller’s material statement to the

buyer during negotiations concerningthe quality of the res vendita

dies cedit the day when an obligation arisesdies non a day on which the courts did not sit

dies venit the day when an obligation is due orpayable

dignitas dignitydiligens paterfamilias diligent/careful head of the family; the

reasonable mandoli capax capable of crimedoli incapax incapable of crimedolus the intent to cause harmdolus directus the direct intent to do harmdolus malus bad faithdominium ownershipdominus ownerdonatio gift; donationdonatio inter vivos donation made with intention that the

receiver should enjoy the benefit of thegift while the donor is still alive

donatio mortis causa donation made in contemplation of thedeath of the donor and conditionalthereon

E

eiusdem generis of the same kind; the interpretationrule that general words followingspecific words must be restricted tothings of the same nature as thosespecified

emptio rei speratae contract of sale for a thing not yet inexistence on condition that itsubsequently comes into existence incontract condition

emptio spei contract of sale for a thing not yet inexistence on the mere hope that itmay come to exist in the future

erga omnes in relation to allergo thereforeergo post hoc in logic, the fallacy of thinking that a

happening which follows another mustbe its result

erratum (pl. errata) fault; errorerror in corpore mistake about the subject matter or

object of performance of theagreement

error in negotio mistake concerning the nature of thejuristic act entered into

error in persona mistake concerning the personsbetween whom the obligation exists

error in substantia mistake concerning importantattributes or qualities of theagreed subject matter/object

essentialia things which are of the essence (of anagreement)

et alia (et al) and otherset sequentes (et seq) and subsequent (pages)ex abundanti cautela as an added precaution; from over

cautionex cathedra from the chair with authorityex curia out of courtex contractu arising from a contractex delictu arising from a delictex aequo et bono according to what is equitable and justexceptis excipiendis excepting those (factors) which should

be exceptedexceptio non adimpleti contractus a defence for a defendant who is sued

on a reciprocal contract by a plaintiffwho himself has not yet performed ortendered to perform

exempli gratia (eg) for exampleex gratia gratuitous; voluntary; out of kindness

(implying absence of legal right)ex lege by virtue of the lawex mero motu of his own free willex officio by right of officeex parte of one part or side; an ex parte

application is a application by one sidewhen the other is not, does not needto be present

ex post facto from after the deed

expressio unius, exclusio alterius express mention of one thing excludesthe other

expressis verbis express words

F

facta probanda the facts that need to be proved/ thefacts in dispute

facta probantia the facts that provide the proof (of thefacta probanda)

fama good namefelo de se suicideferae natura wild animalsfiat justitia, ruat caelum let justice be done though the heavens

should fallfons et origo the source and originfideicommissum a legal institution where a person

transfers a benefit to a particularbeneficiary subject to a provision thatthe benefit is to go to a furtherbeneficiary after a time or if a conditionis met

fideicommissarius fideicommissary or (final) beneficiaryof a fideicommissum

fideicommittens person who (initially) transfers abenefit to the fiduciarus (ie creator of afideicommissum)

fiduciarus fiduciary or (intermediate) beneficiaryof a fideicommissum

flagrante delicto in the very act of committing theoffence

force majeure act of Godforum rei the court of the country in which the

subject of an action is situatedfructus fruits; what is produced by a thingfunctus officio (one who) having performed the

functions of his office is deprived offurther jurisdiction in a case

furtum usus unauthorised borrowing or use

G

generalia specialibus no derogant specific provisions are unlikely to besubservient to generalities

generalis belonging to a kind; universal; generalgratis free; at no cost

H

habeas corpus that you have the body (a writ). See:interdictum de homine liberoexhibendo (the Roman-Dutch lawequivalent)

I

ibidem (ibid; ib.) in the same placeIdem (id.) the same; identicalignorantia iuris non excusat ignorance of the law excuses no oneimpensae utiles useful expensesimpensae voluptuariae luxury expenses; expenses for

pleasureimpossibilium nulla obligatio est there is no obligation to perform the

impossibleimprimatur a sanctionimpubes a minor under the age of pubertyin abstentia in the absence ofin camera in privatein casu in the present casein consimili casu in a similar caseinclusio unius est exclusio alterius inclusion of the one is the exclusion of

anotherincola a citizen; inhabitant of countryindicia indications; signsin curia in courtin esse in being, actualityin extenso at full lengthin extremis in the last extremity; at the point of

death

infans a child under the age of seven yearsin favourem vitae, libertatis etinnocentia omnia presumuntur

in favour of life, liberty and innocenceall possible presumptions are made

in flagrante delicto in the very actinfra (inf.) belowin fraudem legis so as to evade the lawiniuria injury to personal dignity; infringement

of personality rightsin limine on the threshold; at the outset (of the

hearing)in loco in place; in the proper placein loco citato (in loc. cit. /loc. cit.) in the place citedin loco parentis in the place of a parentin pari delicto potior est conditiopossidentis/defendentis

in cases of equal/mutual fault ofparties the one in possession (thedefendant) is in the stronger position

in pari materia in an analogous casein personam applicable to a particular person or

against a particular personin propria persona in her own capacityin re in the case ofin rem applicable against the whole worldin situ in its original position/situationin utero in the womb; unborn childinstanter immediateinter betweeninter alia among other thingsinter alios between other persons; between

persons who are strangers to thematter in dispute

inter partes between the partiesinterpellatio demand (of payment); placing in morainter se between themselvesinter vivos between living personsinterdictum de homine liberoexhibendo

an interdict for bringing a personbefore the court (the Roman-Dutchequivalent of the English common lawwrit of habeas corpus)

interim provisional; in the meanwhile

interpretation quae paritabsurdum, non est admittenda

presumption that the legislature doesnot intend absurd consequences

intra withinintra vires within (its) powersin toto the whole; entirely; altogetherinvecta et illata things the tenant has brought onto the

premisesipse dixit he himself said it; an unsupported

statementipsissima verba the exact/identical wordsipso facto by the very fact itselfipso jure by the law itself; through the operation

of law; legallyiudex (a) judgeiudicis est ius dicere non dare the role of a judge is to state or

interpret the law and not to make itius accrescendi right of accrualius cogens peremptory norm; international law

norms of such importance that no onemay violate them

ius commune common lawius dispondendi the right to disposeius in personam personal rightius in rem right over a thing which can be

enforced against all othersius possidendi the right to possessius retentionis the right of retentionius tollendi right of a lessee to remove his useful

or luxury improvementsiustus error reasonable or excusable mistake

K

kinderbewys a bond to secure property for childrenkustingbrief a mortgage bond

L

lacuna gap or deficiency

laesio enormis docrine seller’s/buyer’s equitable relief againsta seriously prejudicial bargainconcluded in the absence of fraud ormisrepresentation by the other party

laesae majestatis affront to the dignity of the head ofstate

lex commissoria a forfeiture clause in a contractconferring the power to cancel onbreach

lex domicilli law of domicilelex fori law of the court in which the case is

heardlex loci actus law of the place where the (legal) act

took placelex loci celebrationis law of the place where the marriage

was entered intolex loci contractus law of the place where the contract

was entered intolex loci delictus law of the place where the delict was

committedlex loci rei sitae law of the place where the thing is

situatedlex loci solutionis law of the place where the contract is

to be performedlex non scripta the unwritten law (ie customary law)lex situs law of the place where the thing is

situatedlis pendens an action pendinglitis contestatio close of pleadings; joining issue (in a

lawsuit)locatio operarum a lease of servicesloc cit (loco citato) in the passage previously mentionedlocus placelocus in quo the place in whichlocus standi in judicio the right to appear in person and be

heard in her own causelucidum intervallum lucid interval; period of sanity (of an

otherwise disturbed mind)lucrum cessans a benefit which is terminated

M

magnum opus a great workmala fides bad faithmanuscripta (MSS) manuscriptsmanuscriptum (MS) manuscriptmandamus we demand (a writ)mens rea criminal or wrongful intentionmero moto by itself; of its own accordmetus fear or threatmerx goods or merchandise (movable)

being soldmodus operandi manner of working; proceduremora defaultmora ex re default arising from the contract itselfmores manners; customsmotu proprio of his own accordmutatis mutandis subject to the necessary alterations [to

allow for the changed circumstances]mutuum a loan for consumption; loan of

fungibles (consumables)

N

nasciturus unborn child/fetusnaturalia things which are in the nature (of a

contract); the contract terms implied bythe law

nec vi nec clam nec precario without force, stealth or permissionneccessariae impensae necessary expensesnegotiorum gestio acting on behalf of another to his good

but without his knowledge or consentnemo judex in causa sua no one can be a judge in his own

causenemo plus iuris ad aliumtransferre potest quam ipsehaberet

no one can transfer more rights toanother than he himself has

nemo potest facere per aliumquod per se non potest

no one may do by (means of) anotherthat which he may not do himself

nihil nothingnisi unless (decree nisi is a provisional

order/decree to be made absolutelater unless good cause is shown tothe contrary)

nolens volens willing/consenting or notnolle prosequi do not prosecute; formal entry on

record of intent not to continueprosecution

nomine officio (abbrev. N.O.) appointed official; in official capacitynominibus officii (abbrev. NNO) appointed officials; in [their] official

capacitynon est factum it is not his deednon seqitur it does not (logically) follownoscitur a sociis it is known from its associates (ie the

meaning of a word is determined fromits context)

nota bene (NB) note well; importantnovus actus interveniens intervention of a fresh act or causenulla bona no goodsnulla poena sine lege no punishment without a lawnumerus clausus restricted numbernunc pro tunc now for then

O

ob turpis causam for an immoral purpose or from animmoral cause

obiter dictum (pl. dicta) a statement made by the way/inpassing (ie a non binding observationon a legal issue by a judge)

onus duty; burdenonus probandi burden of proofopera citandi (op cit.) the work cited

P

pacta sunt servanda obligations must be fulfilled; promisesmust be kept

pactum de contrahendo an agreement to make a contract inthe future

pactum in favorem tertii an agreement in favour of a thirdperson

pactum successorium contract inhibiting freedom of testationby promising to bequeath/or not tobequeath property to another

pari passu equally; without preferencepartim in partpassim scattered; in various placespater est quem nuptiaedemonstrant

the father is he whom the marriagepoints out (assumption of paternity)

paterfamilias head of the familypecunia moneypecunia non numerata money unpaidpecunia numerata money due and paidpendente lite pending the outcome of the litigationper annum by the yearper capita for each personper contra on the contraryper curiam in the court’s opinionper diem by the dayper incuriam because of carelessness or oversightper mensem by the monthper se by itself; taken alonepersona non grata an unacceptable personper stirpes by stocks (ie branches of decent)perduellio treasonperfecta complete; meeting all the

requirements necessary (for a sale)persona standi in iudicio capacity to sue or be a party to an

actionperegrinus a foreigner (non-citizen)permutatio exchangepignus pledgeplus valet quod agitur quam quodsimulate concipitur

the true intention or deed counts formore than a pretended/simulated one

post afterpostea afterwards; at a later date

post hoc after this; therefore; because of thispost mortem after deathpostscripta (P.SS) postscriptspostscriptum (P.S) postscriptpotestas power; authoritypretium purchase priceprima facie at first sight; on the face of itpro deo for God (refers to the defence at the

expense of the state of an indigentaccused)

pro non scripto as not writtenpro bono for free/without paymentproferens the party to a contract who is the

author of its wordingpro forma as a matter of formpro rata in proportionpro se self representation without legal

counselpro tanto to the extent thatpro tempore for the time beingproxy a person authorised to do something

for someone else; the authority bywhich one person acts on behalf ofanother

Q

qua as; in the capacity ofquaere questionable or doubtfulquantum quantity or amountquantum meruit the amount of enrichmentquasi as ifquid pro quo something for something;

considerationqui prior est tempore potior estiure

first in time is stronger in right

quod hoc to this extentquod vide (q.v.) which see (ie a cross reference to

something/somewhere else)

R

ratio decidendi finding of law producing a generallegal rule that the court applies to thefacts of the case (binding)

rebus sic stantibus as long as circumstances remain asthey are

reductio ad adsurdum reducing (a proposition) to the absurd;demonstrating by analogy that aproposition is ridiculous

regina (R) the queen (the crown)rei veritas truth of the matterrei vindicatio the legal remedy of an owner to

vindicate his property from whoeverpossesses it

res thingres alicuius things owned by a personres aliena thing belonging to anotherres communes things that belong to allres communis omnium/resomnium communes

common to all but belonging to no one

res derelicta; (pl. res derelictae) thing not owned but capable of beingowned; discarded or abandonedproperty

res gestae things done (and words spoken); thetransaction

res furtivae stolen goodsres ipsa loquitur the facts speak for themselvesres iudicata/judicata a matter already adjudicated onres litigiosa disputed propertyres nullius ownerless property; an unowned thingrespondeat superior let the master answer (for the servant)res publicae things belonging to the public at largeres sic stantibus things remain the sameres sua a person’s own propertyres sua nemini servit no one can hold a servitude over her

own propertyres vendita the thing soldrex (R) the king (the crown)

rixa a fight; physical altercationrouwkoop (rougeld) a sum paid or forfeited in order to get

rid of a bad bargain

S

salva rerum substantia without impairing the substancescilicet namely (in law)scintilla a spark; a tracesecundum aequum et bonum according to what is equitable and

rightseditio seditionsemble apparently; it seemssenatus consultum (S.C.) decree of the senateseriatim one after the other in order; point by

pointsic sosi irritum sit in jure dubio etincerto

let what has taken place by doubtful oruncertain law be invalid/void

simpliciter plainly, simplysine die without day; without appointing a day

for continuation of a casesine qua non the cause propersocietas universorum bonorum a universal partnership (agreement

i.t.o. which the parties agree to pool alltheir existing & future property)

socius (pl. socii) criminis partner in crime; accomplicespecificatio a way of acquisition of ownership by

creating or making a thingspes expectation [of a future right]stare decisis to stand by decided mattersstatim (stat.) immediatelystipulatio alteri contract for the benefit of another

(third) personstante matrimonio [during] the existence of the marriagestare decisis et non quietamovere

it is best to keep to decisions and notto disturb questions; put at rest

status quo the state in which it was (or is)stet let it stand; not to be deleted

sub judice still pending; under consideration by acourt

sub nom under the namesubpoena a summons for compelling a witness

to attend court and give evidencesub rosa privatelysub voce (s.v.) under the specified wordsui generis of its own kind or class; peculiar tosui juris in her own right; legally competent to

manage one's own affairssuperficies solo cedit structures erected on land (buildings)

form part of that propertysupra above

T

terminus ad quem finishterminus a quo starting pointtertium quid a third something (literal); something

intermediate; in argument, a commonmeeting ground

terra nullius land/territory belonging to no onetraditio delivery (of thing sold)traditio brevi manu delivery with the short hand (form of

delivery where the merx already heldby acquirer)

traditio longa manu delivery with the long hand (form ofdelivery by mere pointing out)

turpis immoral

U

uberrima fides utmost good faithubi jus, ibi remedium there is no wrong without a remedyubique everywhereubi supra (u.s.) in the place above mentionedultra vires beyond, or in excess of, (its) powersuscapio prescriptionuniversitas corporate body

universorum quae ex quaestuveniunt

a partnership where the parties agreeto pool all property acquired during theterm of the partnership

uscapio prescription (a method of propertyacquisition by mere possession)

usufruct usufruct (the right of the use andenjoyment of property not one’s own)

usus useut res magis valeat quam pereat words must be construed so as to

support the validity rather thannegating it

utiles impensae useful expenditures on property whichincrease its market valuebut which are not essential for itspreservation

uxor wife

V

vacua possessio free, unburdened possessionverba fortius accipiuntur contraproferentem

ambiguous wording is construedagainst the party who introduc ed it orwho drew up the document

verbatim word for word; in exactly the samewords

verbi gratia (vg) for exampleversus againstvexata quaestio a disputed questionvia media middle wayvice versa conversely; the terms being changed

aroundvide seevidelicet (vi) that is to say; namelyvide ut supra see what is stated abovevi et armis with force and arms; by force of armsvinculum iuris a legal tievirilis defensio spirited defence; proper and

competent defencevis compulsiva compulsive force

vis maior/major irresistible force; act of Godvoetstoots as it stands, with all its faults; used in

a sale to exclude liability for latentdefects

volenti non fit iniuria that to which one consents cannot beconsidered an injury; what is done withconsent is not unlawful

volte face a change of front; an about-turn

For more comprehensive listings see:

Claassen - Dictionary of legal words and phrases 2nd ed. (DHR 340.03CLAA) – Available on-line via LexisNexis ButterworthsHiemstra and Gonin (eds) - Trilingual legal dictionary 3rd ed.(DHR 340.03HIEM)

UCT Law LibraryYou may copy this glossary for non-commercial purposes, but must attribute the authorship of the UCT LawLibrary.November 2007