nolle prosequi – Latin for “we will not prosecute again”, which is a statement that a prosecutor in a criminal case (or a plaintiff in a civil case) makes to the judge before or during the trial, meaning that the case against the defendant is dropped. The testimony is an admission that the charges cannot be proven, that the evidence has proven either innocence or a fatal error in the prosecution`s assertion, or that the district attorney is convinced that the accused is innocent. Naturally, the use of the term is rare. In the court movie Boomerang! the climax came when the district prosecutor himself proved the innocence of the accused and declared nolle prosequi. I have a British legal opinion from 1917 which uses the expression “oy-pres” as in: “A scheme for the oy-pres application of the product and the endowment fund”. This term, which is usually abbreviated only to “pro bono,” refers to the work lawyers do when they provide their services free of charge to people who may be in need. This work is considered for the common good and is an important part of a practicing lawyer. You can read more about the importance of pro bono work here. Guardian ad litem – a person appointed by the court solely to bring a lawsuit on behalf of a minor or adult who is unable to manage their own affairs. Duties may include filing a lawsuit for an injured child, defending a lawsuit, or filing a lawsuit against an estate. Typically, a parent applies at the same time as a lawsuit to be appointed guardian ad litem of a child injured in an accident. “Manner in which /condition/legal status of a person or thing” […] The legal profession is one of the few that still uses Latin sayings in contractual legal documents (mainly around the […] A per-curiam decision is a unanimous decision of a court, written by the court as a whole and not by a particular judge. res ipsa loquitur – Latin for “the case speaks for itself”, a legal doctrine according to which one is considered negligent if one had exclusive control over what caused the damage, although there is no specific evidence of negligence, and without negligence, the accident would not have occurred.
Examples: a) A load of bricks on the roof of a building built by Highrise Construction Co. Paul falls and injures pedestrians downstairs, and Highrise is responsible for pedestrian injuries, although no one saw the load fall. b) During the anesthesia, Isabel Patient`s nerve is damaged in her arm, although this is not part of the surgical procedure, and she does not know which of the twelve doctors in the room caused the damage. According to res ipsa loquitur, all persons associated with the operation are responsible for negligence. Lawyers often shorten the doctrine to “res ips” and see it as a practical shortcut to a complex doctrine. In the bench – All judges of a court of appeal sit together to hear oral arguments in a case of unusual importance and to decide the case. Habeas corpus refers to several common law pleadings issued to bring a party before a court or judge. The U.S. Constitution also provides citizens with the right to file a habeas corpus petition as protection from unlawful detention. de facto – Latin for “in fact”. Often used instead of “actually” to demonstrate that the court treats as a fact an authority or an exercised entity that acts as having authority even if the legal requirements have not been met. This term is used to refer to the process of an appellate court reviewing a case without reference to the legal findings or assumptions of a lower court.
In this case, the higher court hears the case “de novo” or completely from the news without external opinion. nisi prius – Latin for “unless first”, in some jurisdictions it means the original court of first instance that heard a case as opposed to a court of appeal, as in the tribunal nisi prius. “Court of the court of origin” is often replaced by the term nisi prius. If you`re considering studying law, the legal system isn`t the only thing you`ll learn. The law has its own language, filled with foreign words you probably don`t know. Many of the keywords you`ll hear in law school are derived from Latin. As a result, we have compiled this list of 10 Latin words for law students. Whether you are new to law school or more experienced, it will be very helpful for you to memorize these words! They often appear in case opinions, briefings, manuals, etc. and are usually indefinite. By learning these 10 Latin words for law students, you`ll be one step ahead and save time. habeas corpus – Latin for “you have the body”, it is a writ (court order) that orders law enforcement officers (prison administrators, police or sheriffs) who have custody of a prisoner to appear in court with the prisoner to help the judge determine whether the prisoner is legally in prison or in prison. The complaint is obtained by petition to a judge in the district or district where the prisoner is being held, and the judge sets a hearing to determine whether there is a legal basis for the prisoner`s detention.
Habeas corpus is a protection against illegal detention, for example. B detention of a person without charge, where due process has clearly been refused, bail is excessive, probation has been granted, a defendant has been unlawfully surrendered by the debtor on bail, or probation has been summarily terminated without giving reasons. Historically called “the great Scripture,” the famous common law scholar William Blackstone called it “the most famous writing in English law.” It can also be used as a means of challenging custody and deportation proceedings in court. The habeas corpus petition can be used procedurally in federal district courts to challenge the constitutionality of a conviction by a state court. The term status quo is used to describe the current situation, usually in reference to someone who maintains the status quo or challenges the status quo. In general, ex parte refers to something that benefits a party in a legal case. This is usually a decision made in favour of one party without waiting for the opinion of the other party. Ex parte may also refer to inappropriate contact with a party or judge, such as a meeting with. B the party or the judge without the presence of a lawyer of the other party. scienter – Latin for “having knowledge”. In criminal law, it is the knowledge of a defendant that his actions were illegal or that his statements were lies and therefore fraud. per stirpes – Latin for “by roots”, by representation.
The term is often used in wills and trusts to describe the distribution when a beneficiary dies before the person whose estate is divided. Example: “I leave $100,000 to my daughter Eleanor, and if she dies before me, her children, out of turmoil.” So if Eleanor dies before her parents, the $100,000 will be divided equally among her children. One way to make this clearer is to replace per stirpes: “. to their children, through the right of representation, sharing and sharing equally”, which is clear to the non-lawyer. If no distribution to the children of a predeceased child is provided, the donation becomes part of the arrears (which remains after some donations), and then grandchildren are not allowed to share if there are surviving children of the donor. (For an even longer list of Latin words for law students, check out our article on 30 legal terms you should know before law school!) nunc pro tunc – Latin for “now for then”, it refers to the return to an earlier date of an order, judgment or filing of a document. Such retroactive repetition requires a court order, which can be obtained by proving that the earlier date would have been legal and that there was an error, accidental omission or negligence that caused a problem or inconvenience that can be corrected. Often, the judge makes the order nunc pro tunc ex parte (whereby only the applicant appears and without notice).
Examples: A clerk does not file a response when he or she has received it, and an nc pro tunc filing date is required to meet the legal time limit (limitation period); A final divorce decree is erroneous and is therefore only signed and dated the day after the remarriage of one of the parties – the nunc pro tunc ordinance prevents the appearance or speed of a bigamen marriage. .