Latin Maxims
This category explains Latin legal maxims that continue to shape legal reasoning in both common law and civil law systems. Each article covers the maxim’s origin, classical formulation, and contemporary judicial application.
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 …