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Legal Latin

Legal Latin

The English-speaking lawyer uses Latin terms frequently


Legal Latin

The use of Latin in modern legal systems has ancient roots. Today, many observers argue that Latin has no place in modern English, including Legal English. It is claimed that Latin is confusing and pretentious and easily replaced by modern English equivalents.

The fact remains, though, that Latin words and phrases feature prominently in Legal English and many Latin phrases embody legal concepts that are not easily converted into plain English.

Below is a list of common or frequently used Latin words and phrases used in Legal English. You will also find a glossary of common Latin terms and their meanings as used in the law prepared by Her Majesty's Courts Service at www.hmcourts-service.gov.uk/infoabout/glossary/latin.htm

    • De minimis

    • De minimis is a Latin phrase meaning “concerning minimal things”. It usually refers to the failure to reach some threshold level required to be actionable. A de minimis claim is a claim for an amount of damages that does not exceed a specified sum. Such claims are often defined in agreements to avoid a party from bringing claims for insignificant sums. The term de minimis is also commonly used in copyright law. Courts have dismissed copyright infringement cases where the alleged infrin [...]
    • De minimis

    • Persona non grata

    • Persona non grata is a Latin phrase which literally means "an unwelcome person." It is a phrase which is used both in legal and non-legal settings. In the legal sense, the phrase has a specific meaning in the context of diplomacy. Pursuant to the Vienna Convention on Diplomatic Relations, a State may at any time and without explanation declare any member of a diplomatic staff persona non grata. A person so declared is no longer welcome in that country and is usually forced to return to his or [...]
    • Persona non grata

    • Res ipsa loquitur

    • Res ipsa loquitur is a legal Latin phrase which translates to "the thing speaks for itself." The doctrine indicates that there is no need to provide any further detail -- the facts of the case are sufficient to find liability. Generally, because the facts are so obvious, a party does not need to provide further explanation. The phrase is most often applied to civil tort claims in which liability is clearly established merely based on a review of the facts. In some jurisdictions, res ipsa loqu [...]
    • Res ipsa loquitur

    • Subpoena

    • A subpoena, originating from the Latin phrase sub poena meaning "under penalty", is a written command to a person to either testify before a court or be subject to some form of punishment. Subpoenas are generally associated with common law legal systems. Such documents are usually served on individuals who will be witnesses in an upcoming trial or proceeding. The subpoena usually sets forth the specific location, scheduled date and time the witness is requested to appear. It should be noted that [...]
    • Subpoena

    • Ex officio

    • Ex officio is a Latin terms meaning “by right of office” or “by virtue of one’s office or position”. Ex officio members of boards and committees are persons who are members by virtue of some other office or position that they hold. For example, if the bylaws of an organization state that all board members are also members of the finance committee, a board member is said to be an ex officio member of the finance committee, since he or she is automatically a member of that committee by v [...]
    • Ex officio

    • Ex post facto

    • The phrase ex post facto is Latin for "after the fact". It generally refers to retroactive acts or laws which change the legal consequences of acts which occurred prior such an act or law. The phrase ex post facto is most typically used in connection with the passage of laws. A law may have an ex post facto effect without being technically ex post facto. Where a law repeals a previous law, the repealed legislation no longer applies to the situations it once did, even if such situations arose bef [...]
    • Ex post facto

    • Verbatim

    • Verbatim is a Latin term used to mean “word by word” or “exactly”. It is used to refer to a transcription or quotation which precisely mirrors the original. The term indicates that there have been no changes to the text or quotation and assures the reader that the words are exactly as they were first stated or written. “The Miranda warnings advising individuals of their right to remain silent can be recited verbatim by everyone who has ever watched a police drama on television.” [...]
    • Verbatim

    • Affidavit

    • The term affidavit is Medieval Latin for “he has made an oath”. In the Legal English realm, it refers to a formal sworn statement of fact signed by a declarant (often called an affiant or deponent) and witnessed by an authorized official, such as a notary public. Affidavits are used, among other things, to gather evidence from witnesses who may not be available to testify in person before the court. “The signed affidavit attested to the fact that the trademark had been in use for five y [...]
    • Affidavit

    • In camera

    • In camera is a phrase derived from Latin literally meaning “in a chamber.” In legal settings, it is a term which applies to court cases (or portions of cases) which are decided “in private”, i.e. where a hearing is held before the judge in her private chambers or when the public is excluded from the courtroom. Certain cases may be ordered to be heard in camera when highly sensitive matters are concerned. Similarly, certain portions of trials may be held in camera if there are highly conf [...]
    • In camera

    • Pro bono

    • For example: Pro bono publico (usually shortened to pro bono) is a Latin phrase meaning "for the public good." In the legal context, the term pro bono is generally used to indicate work undertaken voluntarily and without payment as a public service. Certain law firms encourage their lawyers to work on pro bono matters to give back to the community by helping those without the means or funds of acquiring competent counsel. Such work also often provides young lawyers with valuable practical [...]
    • Pro bono

    • Pro rata

    • Pro rata is a legal Latin phrase meaning "in proportion" or “proportional” as determined by a specific factor. In the company law context, the phrase is often used in conjunction with an existing shareholder’s right of first refusal, or “pre-emption rights” for new share issuances. In such instances, shareholders who have pre-emption rights must be offered that percentage of new shares which is pro rata to their existing shareholdings. “Because the company issued pro rata dividend [...]
    • Pro rata

    • Obiter dicta

    • For example: Obiter dicta (sometimes referred to merely as dicta), is a Latin expression literally meaning "said by the way" or a “statement in passing”. It is used for statements, remarks or observations made by a judge that re incidental or supplementary in deciding a case, upon a matter not essential to the decision. Thus, although they are included in the body of the court's opinion, such statements do not form a necessary part of the court's decision. Under the doctrine of stare decisi [...]
    • Obiter dicta

    • Bona fide

    • Bona fide is Latin for good faith and is an important concept in law. It generally connotes something genuine, lawful, or made or done in good faith, which signifies the mental state of honesty as to the truth or falsehood of a proposition or opinion, or as to the morality of conduct. For example,"The power to amend the articles must be exercised bona fide for the benefit of the company as a whole." In modern English usage, the term bona fides is a synonym for credentials, background, or docu [...]
    • Bona fide

    • Pro se

    • For example: Pro se is a Latin term meaning "on one's own behalf". In the court setting, it refers to persons who present their own cases without lawyers or other representatives. Some individuals choose to act pro se because they have legal experience or are otherwise confident in their ability to convey their claim or defense without assistance. Others may simply wish to avoid paying attorneys’ fees and the often exorbitant expenses associated with hiring a lawyer. In England and Wales, the [...]
    • Pro se

    • Pro forma

    • Pro forma is a legal Latin phrase meaning "as a matter of form". In practice, the phrase usually refers to an act or document which is preliminary or satisfies the minimum requirements in a perfunctory manner. The meaning of the phrase can differ depending on the context in which it is used. In business, a pro forma document is provided before an actual transaction takes place. A pro forma document can refer to any preliminary or partially completed document which is designed to be replaced by a [...]
    • Pro forma

    • Amicus curiae

    • Amicus curiae is a legal Latin phrase which literally means “friend of the court”. The phrase refers to a third party (a person or group who is not a party in a dispute) who petitions the court for permission to submit a brief in the action with the intent of influencing the court’s decision due to an interest in the dispute. Such information is often in the form of a legal brief on a matter which is central to the case. Where a case has far-reaching implications, amicus curiae briefs are [...]
    • Amicus curiae

    • Mens rea

    • In the area of criminal law, mens rea, the Latin term "guilty mind", is often a necessary element of a crime. Many crimes require a specific mental intent on the part of the wrongdoer in order to qualify as a restricted offence. Examples of the requiredmens rea in criminal statutes include intent (or purpose), knowledge, recklessness or negligence. Some “strict liability” crimes do not require mens rea in order to constitute an offence. For example, in civil law, it is not usually necessary [...]
    • Mens rea

    • Mutatis mutandis

    • Mutatis mutandis is (literally) Latin for “with those things having been changed which need to be changed.” However, it is more often translated or understood to mean “the necessary changes having been made”. It essentially indicates that new terms have been substituted or that the reader should note any differences from the original and take them into consideration. “After extensive negotiations and redrafting of several key provisions, the two parties finally signed the contract m [...]
    • Mutatis mutandis

    • Per diem

    • Per diem, is Latin for "per day" or "for each day". The phrase primarily refers to the daily rate of any kind of payment. It is also commonly used to refer to the daily allowance a company gives an employee to cover living and traveling expenses in connection with work. “Rather than accept an hourly or a flat fee, the lawyer preferred to be paid per diem.” [...]
    • Per diem

    • Infra

    • Infra, Latin for “below”, is legal shorthand to indicate that a particular reference will be further discussed or cited later in a document. Infra is distinguished from supra, Latin for “above”, which indicates that the case or point has already been discussed or cited previously in a document. Both infra and supra are tools to make a document, letter or brief easier for a reader to comprehend or follow. They not only enable one to avoid having to repeatedly write the same citation, [...]
    • Infra

    • Stare decisis

    • For example: Stare decisis is a Latin legal term, literally meaning “to stand by things decided.” It is a term used in common law systems to express the notion that prior court decisions must be recognised as precedent. In other words, lower courts are bound in theory by the precedent set forth by a higher court within its jurisdiction. Stare decisis is not, however, a doctrine used in most civil law systems, primarily because it violates the principle that only the legislature may make law [...]
    • Stare decisis

    • Caveat emptor

    • Caveat emptor is a Latin phrase meaning “let the buyer beware.” The phrase stands for the commercial principle that the buyer alone is responsible for assessing the quality of a purchase before buying. This axiom or principle is sometimes understood to mean that, absent a warranty, the buyer assumes the risk of defects in the item sold. It is therefore incumbent upon the buyer to thoroughly inspect any goods or services prior to purchase. “Under the doctrine of caveat emptor, the buy [...]
    • Caveat emptor

    • Arguendo

    • Arguendo is a Latin term meaning “for the sake of argument” that is commonly used in appeals briefs and other litigation documents. The term indicates that the lawyer’s written or oral statement is made as a matter of argument or illustration only. The statement does not bear directly upon the remainder of the discussion; the lawyer is not admitting the matter, but is merely making a legal argument based on an assumption. The term is often used in situations where even if one assumed th [...]
    • Arguendo

    • Res judicata

    • Res judicata denotes an important legal doctrine that generally means that once a matter is judicially decided, it is finally decided. The doctrine bars re-litigation of matters that have already been determined in adjudication. Broadly, res judicata bars the reconsideration of settled civil matters. Specifically, res judicata precludes only subsequent suits on the same cause of action between the same parties after a final judgment on the merits. Res judicata can also mean the judged matter [...]
    • Res judicata

    • Lacuna

    • A lacuna is an empty space in the law with no regulations applicable or an absent part in a law or another written document such as a contract. In other words, it denotes an instance when there is no controlling law or contractual provision. The plural is lacunae. More common in UK than US English, lacuna is synonymous with loophole or a technicality, often unintentional, which an entity can exploit to avoid the scope of a law or a contractual provision without directly violating the law or brea [...]
    • Lacuna

    • Veto

    • To veto means to forbid, prohibit or stop a vote from passing with authority. “Since the decision must be unanimous, no one has veto power.” [...]
    • Veto

    • Quorum

    • A quorum signifies the minimum number of members of any body required to be present in order to transact business, e.g. at a board meeting or general meeting. Usually, a quorum constitutes a majority of the members of a body. A quorum may not be necessary if a written resolution procedure is used. “A quorum requires at least five board members to be present.” [...]
    • Quorum

    • Prima facie

    • Prima facie means before closer inspection, at first sight, or on the face of it. True, valid, authentic, or adequate at first sight: on first appearance absent other information or evidence. Self-evident; evident without proof or reasoning; obvious. Sufficient to establish a fact or case unless disproved. The plaintiff presented a prima facie case for breach of copyright and when the matter proceeded to trial the plaintiff successfully proved his allegations. prima facie case: a lawsuit o [...]
    • Prima facie

    • Scienter

    • Scienter denotes the mental state which is an element of fraud, or the knowledge of the nature of one’s fraudulent acts or omissions. It is also used as an adverb to mean, with knowledge, knowingly. "Courts sometimes insist on a higher level of scienter in criminal insider trading cases as compared with civil." [...]
    • Scienter

    • Quid pro quo

    • For example: Quid pro quo literally means “something for something” and is an equal exchange or substitution that a person or firm makes with another in return for something done or given or promised. Put another way, it signifies that which each party to an agreement expects from the other, sometimes called mutual consideration. For example, “She denied that the job was a quid pro quo.” While quid pro quo agreements are sometimes viewed negatively, it is not always the case. In finan [...]
    • Quid pro quo

    • Ultra vires

    • For example: Ultra vires (beyond powers) is applied especially to acts of directors exceeding the scope of powers granted by the articles of association of the company or the laws of the state of incorporation. e.g. "The School Board engaged in a variety of ultra vires activities." Compare intra vires (within limited powers). [...]
    • Ultra vires