Here are nine Latin phrases that you often hear - and maybe even say - but you might not fully understand. But unfortunately, many people using these terms don’t quite understand their meaning, and sometimes use them incorrectly. 2009).While many people claim Latin is dead, Latin phrases, words and terms are common in everyday language. *All translations are from Black’s Law Dictionary (9th ed. These cases are rare, but who can’t enjoy a 13-word Latin term of art? By definition, a qui tam action is “an action brought under a statute that allows a private person to sue for a penalty, part of which the government or some specified public institution will receive.” Black’s Law Dictionary 1368 (9th ed. While it is usually referred to as a “qui tam action,” that is a shame because the full version is far more fun. Qui tam pro domino rege quam pro se ipso in hac parte sequitur – who as well for the king as for himself sues in this matter It can be added to any term to make an argument that one thing is like another, e.g., “even if it was not technically a judicial action, it was a quasi-judicial action.”Īnd while I could not justify placing the following term on the list of commonly used Latin terms, I had to include my favorite – This term is a favorite prefix of lawyers and courts everywhere. If a court is permitted to act sua sponte, a court can take an action in a case without a request from either party. Sua sponte – of one’s own accord voluntarily Pro se litigants are those that are representing themselves in court without an attorney. Pro se – for oneself on one’s own behalf without a lawyer Pro bono (publico) – for the public goodĪttorneys that do pro bono work are volunteering their services for free for the public good. Per curiam – by the court as a wholeĪ per curiam decision is a unanimous decision of a court that is authored by the court as a whole rather than by a particular judge. This can be used in limited circumstances as an alternative to a direct appeal of a case. Mandamus – we commandĪ writ of mandamus seeks to command a public official, including a lower court judge, to take a particular action. This term is often used in case names, e.g., In re Estate of Jones. Often, if an indigent party pleads in forma pauperis, court costs will be waived. In forma pauperis – in the manner of a pauper If something is to be reviewed in camera, it will be reviewed in the judge’s chamber – away from the other parties and jury. The writ of habeas corpus is directed at the public official that is holding the person, so if a case name includes the name of a warden or an attorney general, it is likely a habeas proceeding. Habeas corpus – that you have the bodyĪ writ of habeas corpus seeks a ruling on a matter when someone has been imprisoned or otherwise detained by the government. This term generally describes hearings held or orders made by the court at the request of one party without providing notice to or permitting argument from the opposing party – not a common procedural practice. When an appellate court reviews a case de novo, the court gives no deference to the findings of the lower court. This term is usually associated with the standard of judicial review. Certiorari – to be more fully informedĪ Writ of Certiorari, sometimes shortened to just“cert.”, is most commonly known as a means to seek review of a case by the U.S. An amicus brief, carries no formal legal weight, but the hope of the non-party is that the brief will help the court to resolve the issue based on their legal argument or perspective. If a non-party to a proceeding has an interest in the case (or the law) before the court, the non-party can ask the court for permission to file a friend of the court brief. Ad litem – for the suitĬourts appoint attorneys ad litem, generally as a matter of law, for parties that have a legal interest in a case but that cannot represent themselves like children or incapacitated adults. But there is plenty in law school to learn by osmosis – don’t struggle with these Latin terms if a simple translation could remove a stumbling block! This post will give you 15 Latin legal terms frequently encountered, but rarely translated or discussed. Smart law students are generally experts at context clues, so the usage of many of these terms may already be familiar to you even if you have never looked up the translation. To add a degree of difficulty, some of the terms you come across while reading your cases are not even in English. Learning the language of the law is a real hurdle that cannot be overlooked just because it is not covered on the syllabus. Along with mastering complicated legal concepts, enduring the Socratic Method, learning to outline, and tackling legal writing, law school forces you to learn an entirely new vocabulary.
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