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Wednesday, October 25, 2017

EVERY LAWYER MUST KNOW THESE LATIN LEGAL

EVERY LAWYER MUST KNOW THESE LATIN LEGAL

a fortiori  : An a fortiori argument is an "argument from a stronger reason", meaning that, because one fact is true, a second (related and included) fact must also be true.
a mensa et thoro  : Divorce a mensa et thoro indicates legal separation without legal divorce.
a posteriori  : An argument derived from the subsequent event.
a priori : An argument derived from the previous event.
a quo :  Regarding a court below in an appeal, either a court of the first instance or an appellate court, known as the court a quo.
ab extra  : Concerning a case, a person may have received some funding from a 3rd party. This funding may have been considered ab extra.
ab initio : "Commonly used referring to the time a contract, statute, marriage, or deed become legal. e.g The couple was covered ab initio by her health policy."
absque hoc  : "Presenting the negative portion of a plea when pleading at common by way a special traverse."
Actori incumbit onus probatio : The burden of proof falls to the plaintiff, claimant, or petitioner according to Roman law.
Actus reus Part of what proves criminal liability (with men's rea).
ad colligenda bona :  to collect the goods
ad hoc   : Generally signifies a solution designed for a specific problem or task, non-generalizable, and not intended to be able to be adapted to other
ad hominem : Attacking an opponent's character rather than answering his argument.
ad idem                : In agreement.
ad infinitum   : To continue forever.
ad litem  : Describes those designated to represent parties deemed incapable of representing themselves, such as a child or incapacitated adult.
ad quod damnum  : Used in tort law. Implies that the reward or penalty ought to correspond to the damage suffered or inflicted.
Cadit quaestio : The justification for acts of war.
Caveat  : When used by itself, refers to a qualification, or warning.         
Caveat emptor  : In addition to the general warning, also refers to a legal doctrine wherein a buyer could not get relief from a seller for defects present on the property which rendered it unfit for use.       
Certiorari : A type of writ seeking judicial review.
de facto : Literally "from fact"; often used to mean something that is true in practice, but has not been officially instituted or endorsed. "For all intents and purposes".
de future : At a future date.      
de integro : Often used to mean "start it all over", in the context of "repeat de integro
de jure Literally "from law"; something that is established in law, whether or not it is true in general practice.

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