LEGAL MAXIMS DICTIONARY PDF
s Maxims. Bac. Bacon. ' s Works. 15 vols. Barb. N. Y. Barbour. ' s N. Y. Reports. Bar. Ai d. Barnewall. Alderson. ' s Reports. Bell,. Dic. Bell' s Dictionary,. Law of. A legal maxim or legal phrase elucidates or expounds a legal principle, proposition This chapter selectively seeks to explain some maxims/phrases, which are. 'A guilty act' – The prohibited conduct or behaviour that the law seeks to prevent. 'Let the buyer beware' – A common-law maxim warning a purchaser that he.
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The title Dictionary of Law has been chosen for this book because it seeks to . Bach Latin maxim or phrase is entered, in whole or in part, as a title or sub-. A Dictionary of Latin Quotations more copious, cor- The Dictionary of Quotations which passes under .. a maxim of our law, that no man can be forced to. Legal Maxims (PDF File) Latin Legal Terms Dictionary This small collection of most widely used Latin words and expressions from the legal jargon is a gem.
Meanwhile in the eastern Mediterranean, Greek remained the lingua franca and well-educated Romans were familiar with both languages.
The language used in much early Latin literature, classical Latin, differed in many ways from colloquial spoken Latin, known as vulgar Latin.
Even after the collapse of the western Roman Empire in AD, Latin continued to be used as a literary language throughout western and central Europe. An enormous quantity of medieval Latin literature was produced in a variety of different styles ranging from the scholarly works of Irish and Anglo-Saxon writers to simple tales and sermons for a wider audience. During the 15th century, Latin began to lose its dominant position as the main language of scholarship and religion throughout Europe.
It was largely replaced by written versions of the vernacular languages of Europe, many of which are descendants of Latin or have been heavily influenced by it. Modern Latin was used by the Roman Catholic Church until the mid 20th century and is still used to some extent, particularly in the Vatican City, where it is one of the official languages.
Latin terminology is still used extensively in Statutes. There were no lower case letters, I and V could be used as both vowels and consonants, and K, X, Y and Z were used only for writing words of Greek origin. The letters J, U and W were added to the alphabet at a later stage to write languages other than Latin. J is a variant of I. U is a variant of V. W was originally a doubled v vv and was first used by scribes writing Old English during the 7th century AD. Desirable Characteristics of a Maxim : Examining the contexts in which Latin terms occur in the writings of contemporary lawyers, we must remember that denoting a legal concept is not so unconstrained as is the case with other terms.
Legal terms must be precise, effective, and clear. Legal terms must derive from the legal context and constitute the vocabulary of legal language. The terms in legal texts must convey accurately and wholly the content and meaning of the notions they represent. Why does the legal community continue to use Latin, when the study of Latin in western countries in schools is decreasing and when the Roman Catholic Church has largely stopped using Latin?
The answer could lie in the special position that legal language has in our society. Let us discuss some of the influences that make language in the law different from language in other areas of society. What has an influence on legal language, what causes it to change or remain unchanged. Both internal and external influences affect the language people in the legal community use. On the other hand, Latin also creates a barrier that prevents non-lawyers from easily entering the community.
To enter the legal world, non-lawyers must learn the language. Thus, both efficiency and community identity influence the language of lawyers.
The Norman conquest in placed French-speaking Normans in virtually all important positions in England; French thus became the language of power. Virtually all English words relating to government are originally French.
The Normans initially used Latin rather than French as a written language of the law. Throughout this period, Latin continued to be used as a legal language. Desirable Characteristics of a Maxim : Examining the contexts in which Latin terms occur in the writings of contemporary lawyers, we must remember that denoting a legal concept is not so unconstrained as is the case with other terms.
Legal terms must be precise, effective, and clear. Legal terms must derive from the legal context and constitute the vocabulary of legal language. The terms in legal texts must convey accurately and wholly the content and meaning of the notions they represent. Why does the legal community continue to use Latin, when the study of Latin in western countries in schools is decreasing and when the Roman Catholic Church has largely stopped using Latin? The answer could lie in the special position that legal language has in our society.
Let us discuss some of the influences that make language in the law different from language in other areas of society. What has an influence on legal language, what causes it to change or remain unchanged. Both internal and external influences affect the language people in the legal community use.
On the other hand, Latin also creates a barrier that prevents non-lawyers from easily entering the community. To enter the legal world, non-lawyers must learn the language. Thus, both efficiency and community identity influence the language of lawyers.
The Norman conquest in placed French-speaking Normans in virtually all important positions in England; French thus became the language of power.
Virtually all English words relating to government are originally French. The Normans initially used Latin rather than French as a written language of the law.
Throughout this period, Latin continued to be used as a legal language. It came to be known as "Law Latin," and included various legal terms of French origin, as well as English words when clerks did not know the Latin.
Legal maxims, even today, are often in Latin, which gives them a sense of heightened dignity and authority. Names of writs mandamus, certiorari and terminology for case names versus, ex rel. Latin juridical terms are typically single words stem words or compound words.
In addition to nouns, also verbs, adjectives, pronouns, numerals, and adverbs are used as terms. Latin terms are concise and economical, enabling one to convey a notion that otherwise in ones native language might require a lengthy explanation.
One of the sources for enriching specialised vocabulary is borrowing words from other languages. In law, Latin is a very useful source. In the course of time, the bulk of Latin terms now used in the legal environment have developed on the basis of Roman law.
However, various important legal terms in Latin that are in current usage also come from the Middle Ages or the modern age.
Namely, the development of law was based on Latin for centuries. Substantive part of common law has its roots in "history" in the form of prior decisions. A system based on precedent is by its nature backward-looking. Refers to a situation where a law or statute may be ambiguous, and similar laws applying to the matter are used to interpret the vague one. Alternate form of in prope persona.
One who represents themselves in court without the [official] assistance of an attorney.
A Collection of Legal Maxims in Law and Equity, with English
Used in the context of a case against property, as opposed to a particular person. See also in rem jurisdiction. Where a group of persons share liability for a debt, such as co-signers to a loan, the debtor can sue a single party in solidum , that is, to recover the entire amount owed. A warning or threat to sue, made in the hopes of convincing the other party to take action to avoid a lawsuit. A clause in a will that threatens any party who contests the will with being disinherited.
Also called a no-contest clause. Often used in copyright notices. Refers to distinctive markings that identify a piece of intellectual property. An intimation about someone or something, made indirectly or vaguely suggesting the thing being implied. Often used when the implied thing is negative or derogatory. A concept that during war, many illegal activities occur. Also taken to mean that in times of war, laws are suppressed, ostensibly for the good of the country.
Refers to contract, debts, or other agreements made between parties who are not legal professionals. Refers to a gift or other non-sale transfer between living parties. Something done which requires legal authority, and the act is performed accordingly.
Used in the context that one event is a direct and immediate consequence of another. A principle that calculation errors made by the court do not invalidate the judgement on a technicality. Also taken to mean that the judge does not tally up the arguments of both sides and decide in favor of the more numerous, but rather weighs all of the evidence without regard to the number of arguments made.
Concept that parties to a case do not need to define how the law applies to their case. The court is solely responsible for determining what laws apply. Appears at the end of an affidavit, where the party making the affirmation signs the oath, and the information on whom the oath was sworn before is placed. Incontrovertible and fundamental presumptions of law.
One cannot argue against, or try to otherwise refute these. The only way to defeat the right of survivorship is to sever the joint tenancy during the lifetime of the parties, jus accrescendi takes priority over a will or interstate accession rules. Refers to legalities considered before entering into a war, to ensure it is legal to go to war initially. Not to be confused with ius in bello q.
Burn the deadwood: maxims in Black's Law Dictionary
Internationally agreed laws that bear no deviation, and do not require treaties to be in effect. An example is law prohibiting genocide.
Not actually referring to common law, this term refers to common facets of civil law that underlie all aspects of the law. Customary law followed by all nations.
Nations being at peace with one another, without having to have an actual peace treaty in force, would be an example of this concept. Laws common to all people, that the average person would find reasonable, regardless of their nationality. Supposed right of the lord of an estate to take the virginity of women in his estate on their wedding night. Social law concept wherein citizenship of a nation is determined by having one or both parents being citizens.
A situation arising that is not covered by any law. Generally used in International Law, as all countries codify according to their own systems of law. Alternate form of jus commune. Refers to common facets of civil law that underlie all aspects of the law. The law of the country, state, or locality where the matter under litigation took place. Usually used in contract law, to determine which laws govern the contract.
A law cannot make something illegal that was legal at the time it was performed. See ex post facto law.
A Collection of Legal Maxims in Law and Equity, with English
Where several laws apply to the same situation, the more specific one s take precedence over more general ones. An aspect of a unanimous voting system, whereby any member can end discussion on a proposed law. A language common to an area that is spoken by all, even if not their mother tongue.
Term derives from the name given to a common language used by traders in the Mediterranean basin dating from the Middle Ages. Refers to requesting a legal dispute be heard that is also being heard by another court. To avoid possibly contradictory judgements, this request will not be granted. Something wrong or illegal by virtue of it being expressly prohibited, that might not otherwise be so.
A writ issue by a higher court to a lower one, ordering that court or related officials to perform some administrative duty. Often used in the context of legal oversight of government agencies. A body of water under the jurisdiction of a state or nation, to which access is not permitted, or is tightly regulated. A body of water open to all. One of the requirements for a crime to be committed, the other being actus reus , the guilt act. This essentially is the basis for the notion that those without sufficient mental capability cannot be judged guilty of a crime.
Used when using behavioral analysis while investigating a crime. Motions offered at the start of a trial, often to suppress or pre-allow certain evidence or testimony. A caution to a reader when using one example to illustrate a related but slightly different situation. The caution is that the reader must adapt the example to change what is needed for it to apply to the new situation. Shortened version of ne exeat repiblica: Prohibition against double jeopardy.
A legal action cannot be brought twice for the same act or offense. Obligation arising from good works affecting other people, obliging the creditor to pay for the reimbursement of the cost that was used in doing good works.
If someone purchases something that the seller has no right to such as stolen property , the purchaser will likewise have no legal claim to the thing bought. In the past it was thought that it included just two rules namely 1 nemo debet esse judex in propria causa no one shall be a judge in his own case.
Prevents conflict of interest in courts. Often invoked when there is really no conflict, but when there is even the appearance of one. A purchaser of stolen goods will not become the rightful owner thereof, since the seller himself was not the owner to begin with. A judgement rendered in the absence of a plea, or in the event one party refuses to cooperate in the proceedings. A statement from the prosecution that they are voluntarily discontinuing or will not initiate prosecution of a matter.
A type of plea whereby the defendant neither admits nor denies the charge. In the case where a contract imposes specific obligations on both parties, one side cannot sue the other for failure to meet their obligations, if the plaintiff has not themselves met their own.
Refers to information given by one who is not supposed to give testimony, such as an attorney bringing up new information that did not come from a witness. Such information is typically nullified. A method whereby a signatory to a contract can invalidate it by showing that his signature to the contract was made unintentionally or without full understanding of the implications.
Performing some illegal action is not excused by the fact that a positive result came therefrom. Often used to argue that some forms of expression, such as graffiti or pornographic films, cannot be given the protection of law e. A type of verdict where positive guilt or innocence cannot be determined. A circumstance where the judge may override the jury verdict and reverse or modify the decision. An ambiguous word or term can be clarified by considering the whole context in which it is used, without having to define the term itself.
An unenforceable promise, due to the absence of consideration or value exchanged for the promise.The spread of Latin juridical terms in the contemporary world and the principles of their usage depend on the conditions arising from historical development, the linguistic economy of Latin terms, and their effectiveness in communication in the field concerned.
Caveat actor — Let the doer beware. Res ipsa loquitor — The thing speaks for itself. Latin terminology is still used extensively in Statutes. Ab Initio — From the beginning.
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