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Tuesday, 8 November 2011

Legal Term

Today, we will look at some of legal terms that derived from some Latin words. The legal terms are as follows:-

Abduction (pemelarian)_the wrongful taking away of a person

Abrogate ( batal)_to repeal,cancel or annul

Abeyance (the condition of an inheritance which has no present owner (a peerage)

Battery (serang-sentuh)_the direct or indirect application of unlawful force by one person upon another.

Cestui que trust _ a person for whom another is trustee: a beneficiary under a trust

Cadit quaestio_ the matter admits of no further argument

Capita ( heads)_individually ( regarding distribution of property)

Caeteris paribus (other things being equal)

Capias ad audiendum  judicium (  a writ to summon a defendant in a criminal prosecution to court to hear judgment pronounced against him)

Causa mortis (because of death) 

Cepi corpus  ( I have taken the body)_when a writ is directed to the sheriff for execution when he has defendant in custody, he returns the writ  with an endorsement stating that  he has taken him, called a return 
Cessio bonorum (Roman law)_ the surrender by a debtor of his property to his creditors

Civiliter montuus  ( civilly dead)
Commadatum ( a kind of bailment)

Compensatio (Roman law)_set off; when the Df brings up his claims against the Plf in order to have them reckoned in reduction of the Plf demand

Damnum absque injuria ( loss without wrong)_loss or damage for which there is no legal remedy.

De jure (by right)

De recte (a writ of right)

Decree (an order of a court pronounced on the hearing of a suit)

Decree nisi ( every decree of dissolution of marriage, whether for divorce or nullity, is in the first instance a decree nisi not to be made absolute until after 6 weeks unless the court orders a shorter time

Defensores (Roman law) _ an inferior class of magistrates in provincial towns

Delegatus non potest delegare ( a delegate cannot delegate) a person to whom powers have been delegated cannot delegate them to another. But trustees may appoint agents to do trust business, and are not responsible for their default, if employed in good faith.

Diem clausit extremum (he has died)

Donatio proper nuptias (Roman law)_ a gift on account of death: a gift to a bride by the bridegroom, often returned to the groom as dos

Durante minore aetate (during minority)

Essoign (freeing from a burden. An excuse made for non-appearance in an action or suit. It was in the nature of an application for time or for an adjournment, made on the first day of term)

Ex mero motu ( of ones`s own free will)

Expedit reipublicaeut finis sit litium (it is in the public interest that the decision of cases should be final)

Factum probanda (facts which require to be proved)

Frustra legis auxilium quaerit qui in legem committit (he who offends against the law vainly seeks the help of the law)

Generalibus specialibus non derogant (general things do not derogate from special things)

Habeas corpus (a prerogative writ used to challenge the detention of a person either in official custody or in private hands)

Ignorantia facti excust ignorantia juris non excusat (ignorance of those things which everyone is bound to know does not constitute an excuse)

In pari delicto, potior est condition possidentis ( where parties are equally in fault, the condition of the possessor is preferred)

Interest reipublicae ne sua re quis male utatur ( it concerns the State that no one should make a wrongful use of his property)

Leges posteriors priores contrarias abrogant (later laws abrogate prior contrary laws)

Lex posterior derogate priori ( a later act overrules an earlier one)

Lex loci contratus ( the law of the place where a contract is made)

Necessitas publica major est quam privata (public necessity is greater than a private)  

Neminem oportet legibus esse sapientiorem (it is not permitted to be wiser than the laws)

Nemo decet bis puniri pro uno delicto( no one should be punished twice for one fault) 

Nolumas leges angliae mutari ( we will not have the laws of England changed)

Non possesori incumbit necessitas probandi prosessions ad se pertinere( a person in possession is not bound to prove that what he possesses belongs to him) 

Res judicata pro veritate accitipur ( a thing adjudicated is received as the truth) 

Res ipsa loquitor( the things speaks for itself) _where there is prima facie evidence of negligence…

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