Older words and modern equivalents
Date: 2015-10-07; view: 549.
Latin terms
There are many legal terms in written English legal texts, although recent reforms in the English justice system have encouraged the use of English rather than Latin. Some Latin terms are used so frequently that they are in general English use (e.g. ad hoc,bona fide, pro rata, etc.). It is useful to be able to recognize their meaning and a dictionary or online glossary will help. Forms of pronunciation vary.
| ad hoc – | for this purpose | in situ – | in its original situation |
| affidavit – | witnessed, signed statement | inter alia – | among other things |
| bona fide – | in good faith | ipso facto – | by the fact |
| caveat – | warning | per pro – | on behalf of another |
| de facto – | in fact | per se – | by itself |
| de jure – | by right | prima facie – | at first sight |
| et cetera (etc.) – | and so on | pro rata – | in proportion |
| exempli gratia (e.g.) – | for example | quasi – | as if it were |
| ex parte (ex p.) – | by a party without notice | sub judice – | In the course of trial |
| id est (i.e.) – | that is | ultra vires – | beyond the power |
| in camera – | hearing a case in private | videlicet (viz) – | namely |
| in curia – | in open court |
A number of linking terms are used in older written legal texts (case reports, legislations, court documentations, contracts, etc.) to refer to other parts of the same text, to different legal documents, or to related contexts.
| the aforementioned / the foregoing – | set out above / written above | notwithstanding – | despite |
| the undermentioned | set out below / written below | thereafter – | after that |
| hereafter – | after this – | thereby – | in that way / by that |
| hereby – | in this way / by this | therein – | in that (document) |
| herein – | in this (document) | thereof – | of that |
| hereof – | of this | thereto – | to that |
| hereto – | to this | therewith – | with that |
| herewith – | with this |
2. The following excerpt is from the legal document known as an 'answer'. It was submitted to the court by the defendant.Underline the common Latin words and phrases in the text. Do you know what they mean?
| The claim for breach of contract fails inter alia to state facts sufficient to constitute a cause of action, is uncertain as to what contract plaintiffs are suing on, and is uncertain in that it cannot be determined whether the contract sued on is written, oral or implied by conduct. The complaint alleges breach of contract as follows: ‘At all times herein mentioned, plaintiffs were a part [sic] to the Construction Contract, as well as intended beneficiaries to each subcontract for the construction of the house. In light of the facts set out above, defendants, and each of them, have breached the Construction Contract.' On its face, the claim alleges only that defendants ‘breached the Construction Contract'. But LongCo is not a party to the Construction Contract. Therefore LongCo cannot be liable for its breach. See e.g. GSI Enterprises, Inc. v. Warner (1993). |
3.Match each Latin word or expression (1-8) with its English equivalent and the explanation of its use (a-h).
| 1. ad hoc | athus (used after a word to indicate the original, usually incorrect, spelling or grammar in a text) |
| 2. et alii(et al.) | bfor example (used before one or more examples are given) |
| 3. et cetera(etc.) | cfor this purpose (often used as an adjective before a noun) |
| 4. exempli gratia(e.g.) | dagainst (versus is abbreviated to ‘v.' in case citations, but to 'vs.' in all other instances) |
| 5. id est(i.e.) | eand others (usually used to shorten a list of people, often a list of authors, appellants or defendants) |
| 6. perse | fand other things of the same kind (used to shorten a list of similar items) |
| 7. sic | gby itself (often used after a noun to indicate the thing itself) |
| 8. versus(vs. or v.) | h that is (used to signal an explanation or paraphrase of a word preceding it) |
4.Match each Latin term (1-10) with its English equivalent (a-j).
| de facto | a among other things | |
| ipso facto | b per year | |
| inter alia | c number of shareholders or directors who have to be present at a board meeting so that it can be validly conducted | |
| per annum | d in fact | |
| pro forma | e of one's own right; able to exercise one's own legal rights | |
| pro rata | f proportionally | |
| quorum | g by that very fact itself | |
| sui juris | h as a matter of form | |
| ultra vires | i as follows | |
| videlicet(viz.) | j beyond the legal powers of a person or a body |
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