This document discusses the prevalence of Latin terms in the legal profession and provides examples of commonly used Latin phrases in different areas of law such as criminal law, contracts, civil procedure, property, and torts. It encourages lawyers to familiarize themselves with Latin terms and their meanings to better understand underlying legal concepts. Examples are given of Latin phrases with their literal translations and legal definitions. Sources for further reference on legal Latin are also provided.

1. Latin Influences InLatin Influences In
Legal TerminologyLegal Terminology
A Continuing Legal Education PresentationA Continuing Legal Education Presentation
Presented by: Britt JohnsonPresented by: Britt Johnson

2. Why Latin?Why Latin?
 Latin is used everyday in most professionsLatin is used everyday in most professions
especially the legal profession.especially the legal profession.
 It is good to familiarize ourselves with the LatinIt is good to familiarize ourselves with the Latin
words and phrases which lawyers and futurewords and phrases which lawyers and future
lawyers are most likely to meet.lawyers are most likely to meet.
 This will also assist you in your own legalThis will also assist you in your own legal
analysis and writing.analysis and writing.

3. Who Cares?Who Cares?
 In understanding Latin terms and phrases weIn understanding Latin terms and phrases we
also learn the underlying concepts of the areasalso learn the underlying concepts of the areas
of law in which the phrases are used.of law in which the phrases are used.
 Unfortunately law students and lawyers todayUnfortunately law students and lawyers today
are taught to avoid Latin in their writingare taught to avoid Latin in their writing
whenever possible, some fearing that it impedeswhenever possible, some fearing that it impedes
comprehension.comprehension.
 But It Will Always Be Around!But It Will Always Be Around!
 The fact remains that modern Anglo-American lawThe fact remains that modern Anglo-American law
retains thousands of Latin words and phrases whichretains thousands of Latin words and phrases which
lawyers and judges continue to use.lawyers and judges continue to use.

4. And?And?
 There are certain terms that any self-There are certain terms that any self-
respecting lawyer should know.respecting lawyer should know.
 By knowing a word’s etymology (whichBy knowing a word’s etymology (which
literally means “true meaning”) it becomesliterally means “true meaning”) it becomes
easy to grasp the overall conceptseasy to grasp the overall concepts
conveyed through the words.conveyed through the words.

5. Remember These? Huh!??Remember These? Huh!??
Commonly Used Legal PhrasesCommonly Used Legal Phrases
Criminal LawCriminal Law
 Ex Post FactoEx Post Facto
 The Latin term “Ex post facto” means “The Latin term “Ex post facto” means “afterafter thethe factfact””
 In legal context: “after the act was done”. A person can’t be criminallyIn legal context: “after the act was done”. A person can’t be criminally
liable for an act that was not illegal at the time.liable for an act that was not illegal at the time.
 Actus reusActus reus
 The Latin term "Actus reus " means "aThe Latin term "Actus reus " means "a guiltyguilty deed ordeed or actact.“.“
 In legal context: The criminal act (e.g., Murder)In legal context: The criminal act (e.g., Murder)
 Mens reaMens rea
 The Latin term "Mens rea" means "The Latin term "Mens rea" means "guiltyguilty mindmind.”.”
 In legal context: A defendant’s state of mind, the mental state (e.g.,In legal context: A defendant’s state of mind, the mental state (e.g.,
Reckless)Reckless)
 AlibiAlibi
 The Latin term "Alibi" means "atThe Latin term "Alibi" means "at anotheranother placeplace” ; somewhere else.” ; somewhere else.
 In legal context: A defense to a crime in which the defendant claims toIn legal context: A defense to a crime in which the defendant claims to
have been somewhere else when the crime was committed.have been somewhere else when the crime was committed.

6. ContractsContracts
“To“To DrawDraw or Dragor Drag TogetherTogether””
 Bone fideBone fide
 The Latin term "Bone fide" means "inThe Latin term "Bone fide" means "in goodgood faithfaith.“.“
 In legal context: An implied obligation in business dealings thatIn legal context: An implied obligation in business dealings that
one’s efforts is sincereone’s efforts is sincere
 Quid pro quoQuid pro quo
 The Latin term "Quid pro quo" means "The Latin term "Quid pro quo" means "somethingsomething forfor somethingsomething.”.”
 In legal context: Consideration, those things that are exchangedIn legal context: Consideration, those things that are exchanged
or bargained for in the contractor bargained for in the contract
 Quantum MeruitQuantum Meruit
 The Latin term “Quantum Meruit" means “The Latin term “Quantum Meruit" means “As much asAs much as he or shehe or she
deservesdeserves.”.”
 In legal context: Refers to the remedy ofIn legal context: Refers to the remedy of restitutionrestitution in whichin which
someone is compensated for a loss of inconveniencesomeone is compensated for a loss of inconvenience

7. Civil ProcedureCivil Procedure
 CertiorariCertiorari
 The Latin term "Certiorari" means “toThe Latin term "Certiorari" means “to certifycertify or make certain.”or make certain.”
 In legal context: a writ from a high court to a lower court to hearIn legal context: a writ from a high court to a lower court to hear
a casea case
 Prima faciePrima facie
 The Latin term "Prima facie" means "on theThe Latin term "Prima facie" means "on the faceface of it”of it”
 In legal context: producing enough evidence for a cause ofIn legal context: producing enough evidence for a cause of
actionaction
 De novoDe novo
 The Latin term "De novo" means “The Latin term "De novo" means “fromfrom anewanew””
 In legal context: starting over from the beginning, a standardIn legal context: starting over from the beginning, a standard
taken by a higher court in viewing a lower court’s decisionstaken by a higher court in viewing a lower court’s decisions
 Ex parteEx parte
 The Latin term "Ex parte" means “The Latin term "Ex parte" means “outout ofof part”part” or “out of place”or “out of place”
 In legal context: a proceeding brought by one person in theIn legal context: a proceeding brought by one person in the
absence of anotherabsence of another

8. Civil ProcedureCivil Procedure
 In cameraIn camera
 The Latin term "In a camera" means “in aThe Latin term "In a camera" means “in a chamberchamber””
 In legal context: in private conversation with a judge, in hisIn legal context: in private conversation with a judge, in his
chamberschambers
 In limineIn limine
 The Latin term "In limine" means “at the outset”The Latin term "In limine" means “at the outset”
 In legal context: pretrial motion to keep out evidenceIn legal context: pretrial motion to keep out evidence
 JurisdictionJurisdiction
 The Latin term “Jurisdiction” means “to speak law”The Latin term “Jurisdiction” means “to speak law”
 In legal context: the right to exercise a power or authority of lawIn legal context: the right to exercise a power or authority of law
 Per curiamPer curiam
 The Latin term "Per curiam" means “through or by the court”The Latin term "Per curiam" means “through or by the court”
 In legal context: in the opinion of the courtIn legal context: in the opinion of the court

9. PropertyProperty
 Donatio Causa MortisDonatio Causa Mortis
 The Latin term means “ aThe Latin term means “ a giftgift byby reasonreason ofof deathdeath””
 In legal context: a gift given in contemplation of deathIn legal context: a gift given in contemplation of death
 Donatio Inter VivosDonatio Inter Vivos
 The Latin term means “aThe Latin term means “a giftgift amongamong thethe livingliving””
 In legal context: an irrevocable gift given with intent, deliveryIn legal context: an irrevocable gift given with intent, delivery
and accpetanceand accpetance
 Ratione SoliRatione Soli
 The Latin term means “byThe Latin term means “by reasonreason of theof the soilsoil””
 In legal context: acquiring certain things on the land by merelyIn legal context: acquiring certain things on the land by merely
owning the landowning the land

10. TortsTorts
 Res Ipsa LoquiturRes Ipsa Loquitur
 The Latin term means: “theThe Latin term means: “the thingthing itselfitself speaksspeaks””
 In legal context: when a plaintiff cannot prove by direct evidenceIn legal context: when a plaintiff cannot prove by direct evidence
that the defendant was negligent.that the defendant was negligent.
 Respondeat SuperiorRespondeat Superior
 The Latin term means: “let the oneThe Latin term means: “let the one aboveabove replyreply” (i.e., the” (i.e., the
superior, the boss or owner)superior, the boss or owner)
 In legal context: vicarious liabilityIn legal context: vicarious liability
 Per SePer Se
 The Latin term means: “The Latin term means: “ByBy itselfitself””
 In legal context: waives the necessity for the plaintiff to produceIn legal context: waives the necessity for the plaintiff to produce
certain types of evidencecertain types of evidence

11. Legal Research & Writing (LRW)Legal Research & Writing (LRW)
 etc.etc. (et cetera)(et cetera)
 The Latin term means: “and others”The Latin term means: “and others”
 In context: other things [of that type]In context: other things [of that type]
 et al.et al. (et alii)(et alii)
 The Latin term means: “ and others”The Latin term means: “ and others”
 In context: those persons involved in a case but not named in the caseIn context: those persons involved in a case but not named in the case
title or citationtitle or citation
 i.e.i.e. (id est)(id est)
 The Latin term "Id est (i.e.)" means: "The Latin term "Id est (i.e.)" means: "thatthat isis””
 In context: refers to a particular thingIn context: refers to a particular thing
 e.g.e.g. (ex gratia)(ex gratia)
 The Latin term "Ex gratia (e.g.)” means: "The Latin term "Ex gratia (e.g.)” means: "out ofout of kindnesskindness, voluntary”, voluntary”
 In context: “for example” (providing various examples of many)In context: “for example” (providing various examples of many)
 id.id. (ibidem)(ibidem)
 The Latin term “ibidem” means: “The Latin term “ibidem” means: “therethere,, in that placein that place””
 In context: refers the reader back to a source that has been cited earlierIn context: refers the reader back to a source that has been cited earlier
in the readingin the reading

12. Helpful SourcesHelpful Sources
 Black’s Law DictionaryBlack’s Law Dictionary
 Essential Latin for Lawyers,Essential Latin for Lawyers, by Russby Russ
VersteegVersteeg
 http://www.uklegal.com/articles/latin.htmhttp://www.uklegal.com/articles/latin.htm