The English-speaking lawyer uses Latin terms frequently.

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. [read more]

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 in some countries, including England and Wales, subpoenas are often referred to a “witness summons”. [read more]

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 virtue of another held position (that of a board member). As seen in the example sentence below, ex officio is also used to indicate the ability of an agency or a state to render a decision under the powers of its office. [read more]

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 Where a law repeals a previous law, the repealed legislation no longer applies to the situations it once did, even if such situations arose before the law was repealed. [read more]