Latin Maxims
Actus Reus
Definition Actus reus (Latin: “guilty act”) is the physical element of a crime. It refers to the external conduct, omission, or state of affairs that the law prohibits. Together with mens …
Bona Fide
Definition Bona fide (Latin: “in good faith”) describes conduct that is honest, sincere, and without fraud or deception. It is a fundamental principle across multiple areas of law, …
Caveat Emptor
Definition Caveat emptor (Latin: “let the buyer beware”) is a common law doctrine providing that the buyer of goods purchases them at their own risk regarding quality and condition, unless …
Certiorari
Definition Certiorari (Latin: “to be informed of” or “to be made certain in regard to”) is a writ or discretionary process by which a higher court reviews the decision of a …
De Novo
Definition De novo (Latin: “from the beginning” or “anew”) describes a standard of review in which an appellate court considers a matter as if for the first time, giving no …
Ex Post Facto
Definition Ex post facto (Latin: “after the fact”) refers to laws that retroactively criminalize conduct that was legal when performed, increase punishment for past offenses, or alter …
Habeas Corpus
Definition Habeas corpus (Latin: “you shall have the body”) is a legal writ requiring a person who has detained another to bring the detained person before a court to justify the …
In Rem
Definition In rem (Latin: “against a thing”) describes legal proceedings or jurisdictional authority directed against property rather than against a specific person (in personam). An in …
Inter Alia
Definition Inter alia (Latin: “among other things”) is a legal term used to indicate that a list, illustration, or example is not exhaustive. It signals that the item mentioned is one of …
Mens Rea
Definition Mens rea (Latin: “guilty mind”) is the mental element of a crime—the state of mind that the prosecution must prove the defendant had at the time of the prohibited conduct. It is …
Nemo Dat Quod Non Habet
Definition Nemo dat quod non habet (Latin: “no one can give what they do not have”) is a fundamental principle of property law providing that a person cannot transfer better title to …
Obiter Dictum
Definition Obiter dictum (Latin: “a thing said in passing”; plural: obiter dicta) is a remark, observation, or opinion expressed by a judge in a judicial decision that is not essential to …
Per Curiam
Definition Per curiam (Latin: “by the court”) is an opinion delivered by an appellate court as a whole, rather than being attributed to a specific judge. Per curiam opinions are issued on …
Prima Facie
Definition Prima facie (Latin: “at first sight” or “on first appearance”) describes evidence that is sufficient to establish a fact or case unless rebutted. A prima facie case …
Ratio Decidendi
Definition Ratio decidendi (Latin: “the reason for the decision”) is the principle or rule of law upon which a court’s decision is founded. It is the binding part of a judicial …
Res Judicata
Definition Res judicata (Latin: “a matter judged”) is the doctrine that a final judgment rendered by a competent court on the merits is conclusive between the parties and their privies, …
Stare Decisis
Definition Stare decisis—the abbreviation of stare decisis et non quieta movere (Latin: “stand by things decided and do not disturb settled matters”)—is the legal doctrine that courts …
Sub Judice
Definition Sub judice (Latin: “under judgment”) describes a matter that is currently under judicial consideration and not yet finally determined. The term identifies cases pending before a …
Ultra Vires
Definition Ultra vires (Latin: “beyond the powers”) describes an act performed without legal authority. Acts within one’s power are intra vires. The ultra vires doctrine applies in …
Volenti Non Fit Injuria
Definition Volenti non fit injuria (Latin: “to one who is willing, no harm is done”) is a common law defense providing that a person who voluntarily consents to a risk of injury cannot …