A number of Latin terms are used in legal terminology and legal maxims. This is a partial list of these "legal Latin" terms, which are wholly or substantially drawn from Latin. 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 person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister. Layperson. A nonprofessional; a non-expert. In law, an individual who has not undergone formal legal training. Leading Case. Case regarded as having determined the law on a particular point, thus becoming a guide for later decisions.
A person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister. Layperson. A nonprofessional; a non-expert.
In some countries, a lawyer is called a “barrister” or a “solicitor.” What are a lawyer’s main duties? A lawyer has two main duties: to uphold the law while also protecting a client’s rights. To carry out these duties, a lawyer should understand the law and be an effective communicator.
Pro se legal representation (/ˌproʊ ˈsiː/ or /ˌproʊ ˈseɪ/) comes from Latin pro se, meaning "for oneself" or "on behalf of themselves", which in modern law means to argue on one's own behalf in a legal proceeding as a defendant or plaintiff in civil cases or a defendant in criminal cases.
Judges and lawyers typically refer to defendants who represent themselves with the terms pro se or pro per, the latter being taken from "in propria persona." Both pro se (pronounced pro-say) and pro per come from Latin and essentially mean "for one's own person."
pro hac vice(proh hock vee-chay) prep. Latin for "this time only," the phrase refers to the application of an out-of-state lawyer to appear in court for a particular trial, even though he/she is not licensed to practice in the state where the trial is being held.
Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.
This is called "proceeding pro se" which means that you are representing yourself in the Court, and you are called a "pro se litigant". A civil case, which is the only type of case you can start in federal court, is different from a criminal case, which can only be started by government officials.
Every person has the right to represent themselves in court. A “pro se litigant” is a person who is involved in litigation but not represented by an attorney. Instead, the person represents themselves, also sometimes referred to as a “self-represented litigant.”
Suo Moto, meaning "on its own motion" is an Indian legal term, approximately equivalent to the English term SuaSponte. The basic principle of the RTI Act is the idea that the individual national. is a sovereign in her own particular right, and is the proprietor of the. Government.
Pro hac vice is a legal term for adding an attorney to a case in a jurisdiction in which he or she is not licensed to practice in such a way that the attorney does not commit unauthorized practice of law.
for the public goodThe term "pro bono," which is short for pro bono publico, is a Latin term that means "for the public good." Although the term is used in different contexts to mean “the offering of free services,” it has a very specific meaning to those in the legal profession.
Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.
Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...
No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.
The conventional English alphabet (along with those of the Romance languages) is known as the Latinate alphabet , because its origins are in ancient Latin. (The 'Romance' languages notably include Spanish, Portuguese, French, Italian, and Romanian.)
Latin has for many centuries been a crucial language for all of the sciences, therefore Latin has been crucial also to innovation, invention, exploration, transport, discovery, medicine, health, anatomy , every human and animal condition, and life itself.
without place / date /author or publisher - normally referring to a referenced book or paper for which place / date of publication / author or publisher are unknown - (these terms may becombined with the word 'et', and, for example 'sine loco et anno', without place and date.
a submission or claim, typically supported by proof/evidence, that an accused person was at a different place from the scene and time of a crime . alieni generis. of a different kind. of a different kind/of another type.
Latin is the language of ancient Rome, whose empire covered most of Europe around the beginning of the first millennium, and particularly the period of the Roman Empire's strongest dominance, c.300BC-300AD.
Its resilience would be extraordinary were Latin a living language. Latin is still taught to millions of students around the world, and will continue to be for a very long time to come . Fundamentally this is because: Latin is the (or a) main and most recent root language for many major world languages.
The modern meanings and usage, while evolved and adapted, mostly still generally reflect the original literal translations. Latin is a regarded as a 'dead' language because it is not used as a main language in day-to-day communications and life.
Subpoena. A subpoena is a writ that commands a person designated in it to appear in court under a penalty for failure to appear . These terms serve as just the tip of the Latin iceberg in the legal world, but they offer an introduction to those introducing themselves for the first time to the criminal justice system.
Ad Litem. Definition: For the lawsuit or action. A court will appoint an ad litem attorney to represent those with a legal interest in a case but who cannot represent themselves, such as children or incapacitated adults.
Definition: In reality. The term de facto refers to something that exists without a specific order or mandate to exist , such as a person acting as a de facto parent to a child or English becoming the de facto language in the United States.
Affidavit. Definition: He pledged. An affidavit is a sworn statement that is filed with the court. For example, the written account of events from a law enforcement officer, witnesses or victims of a crime.
An ex parte decision by a judge is one made without all parties present. It also can refer to improper contact between one side with a judge or a party.
attorney: Someone licensed to represent clients in court and to give legal advice. See counsel and lawyer. attorney for child: Lawyer assigned by the court to be a child’s attorney. attorney in fact: A person given “power of attorney” to act for another person.
appellate court: A court that can check how the law was used to decide a case in a lower court. In New York State the appellate courts are: The Appellate Term, the Appellate Division, and the Court of Appeals. appellee: A person who is the respondent (the person defending) an appeal in a higher court.
adjournment: To put off a court date until another time or place. adjournment in contemplation of dismissal (ACD): A decision to put off a trial for a certain amount of time, usually six months. If the conditions of the ACD are met then the case is dropped. adjudicate: When a Judge hears and decides a case.
2. Surrogate’s Court: A report of the money spent, given out, and earned including any fees and unpaid bills. This includes support papers, like a will, receipts, bills, and taxes. 3.
abstract of judgment: A short version of the court’s final decision. A lot of words left out. abstract: A short version (summary) of a legal document. A lot of words left out. accessory: A person who gives help to a person who commits a crime without directly committing it himself or herself.
false arrest: An arrest that is made with no legal authority. Family Court: Family Court in New York State has the authority to hear cases involving adoption, child abuse and neglect, foster care approval and review.
Acknowledgment of Paternity: A voluntary written statement made by the mother and the biological father where they say that the man is the father of the child. A properly executed statement has the same effect as a court order. acquit: A decision by a Judge or jury that the person on trial is not guilty.
This means that if they fail to follow court rules and regulations, they are subject to litigation sanctions, and the excuse that they are not legally trained may often fall on deaf ears.
They include instances in which individuals are unduly disruptive, clearly lacking in knowledge, or have engaged in improper or abusive practices. There is a growing tendency, although occasionally controversial, for courts to proscribe litigation by individuals who repeatedly ...
They include strong personal views about a particular matter, refusal or inability to work with legal counsel, and inability to find legal counsel who is willing to work with an individual, often because of the position taken by the pro se party in the litigation.
Pro se representation is Constitutionally protected but frowned upon in most courts. An example of pro se representation is representing yourself or your business in court without an attorney.
Prudent practice generally dictates that, except in relatively minor matters, individuals should not engage in representing themselves. While pro se practice is of ancient origin, so too is the old saying: "People who represent themselves have fools for clients.".
By staying in the background or on the sidelines, the lawyer can offer guidance to a pro se party without the litigant incurring a substantial legal expense. Pro se litigation remains an important right for individuals, but, like other rights and privileges, it can be abused and misused. Prudent practice generally dictates that, ...
In Minnesota, for example, organizations such as corporations or other businesses cannot represent themselves, although Conciliation Court allows pro se representation with proper written authorization. Corporate entities are considered in the eyes of the law as a separate individual and generally need to be represented by legal counsel, rather than an individual or even the proprietor of the business. However, more obligations and obstacles on courts and litigants in connection with pro se litigation.
In some countries, a lawyer is called a “barrister” or a “solicitor.”.
What exactly is a lawyer? A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters. Today’s lawyer can be young or old, male or female.
Most lawyers normally spend more time in an office than in a courtroom. The practice of law most often involves researching legal developments, investigating facts, writing and preparing legal documents, giving advice, and settling disputes.
Before being allowed to practice law in most states, a person must: Have a bachelor’s degree or its equivalent. Complete three years at an ABA-accredited law school. Pass a state bar examination, which usually lasts for two or three days. The exam tests knowledge in selected areas of law.
Not necessarily – you may represent yourself. And, in some specialized situations, such as bringing a complaint before a government agency (for example, a dispute over Social Security or Medicare benefits), nonlawyers or paralegals may be qualified to represent you. (Paralegals are nonlawyers who have received training that enables them to assist lawyers in a number of tasks; they typically cannot represent clients in court.) If you are in this situation, ask the government agency involved what types of legal representatives are acceptable.#N#There are many matters you can deal with yourself, if you know how to go about it. For example, you can represent yourself in traffic or small-claims court, or engage in negotiations and enter into contracts on your own. But if you are not sure about the consequences of your actions or are uncertain about how to proceed, getting some quick legal advice from a lawyer could be very helpful in preventing problems down the road.
These words and phrases, many rooted in Latin, are often jokingly referred to as a foreign language—legalese. Although some legalese may be necessary in order to communicate certain ideas precisely, a document that is understood by very few of its readers is just plain poor communication.
Many states also have laws requiring that insurance policies, leases, and consumer contracts be written in plain English. Of particular importance is the trend in law schools to discourage the use of legalese and to encourage the use of plain, comprehensible English.
A case law is a collection of reported judicial decisions related to specific topics, and is an important part of the modern legal rules. Causa Mortis: A Latin term which means, “in expectation of the approaching death”. This term is mainly used to denote gifts, which are given by a person who is expecting death.
Doctrine: A legal doctrine is a rule or principle of law, framework, set of rules, when established by a precedent through which judgments can be determined in a given legal case.
Kangaroo Court: A term, which refers to a bogus court or sham legal proceedings that deny the basic rights of a party to a case. This term may denote an unauthorized court or an authorized one, which conducts its proceedings without taking into account the principles of law and justice.
Unalienable: A thing or a right, which cannot be transferred to another. While some rights like the right to life cannot be transferred, the transfer of some things are prohibited by law (for example, pension granted by the government cannot be sold or transferred).
Paralegal: A paralegal is a person who performs substantive and procedural legal work as authorized by law, without a law license, which would have been performed by an attorney in the absence of the paralegal. Parens Patriae: The term Parens Patriae is derived from a Latin word meaning ‘parent of his country’.
Obligation: A legal requirement to do what is imposed by law, contract, or as a result of unlawful harm caused to the person or property of another. In a more technical meaning, it is a duty to do something agreeably to the laws and customs of the country in which the obligation is made.
Law: A set of rules established and enforced by a governing authority of a state, and is applicable to the people of that state.
The plaintiff initially decides where to bring the suit, but in some cases, the defendant can seek to change the court. (2) The geographic area over which the court has authority to decide cases. A federal court in one state, for example, can usually only decide a case that arose from actions in that state.
To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.
bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
A. acquittal - Judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt. affidavit - A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority.
appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
charge to the jury - The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. chief judge - The judge who has primary responsibility for the administration of a court. The chief judge also decides cases, and the choice of chief judges is determined by seniority.
capital offense - A crime punishable by death. In the federal system, it applies to crimes such as first degree murder, genocide, and treason. case law - The use of court decisions to determine how other law (such as statutes) should apply in a given situation.
Administrator or Administratrix. Person appointed by a court to administer a deceased person's estate. The person may be male (in which case, he would be referred to as the "administrator") or female (in which case, she would be referred to as the "administratrix"). Adversary Proceeding.
More precisely, conduct which falls below the standard of care established by law for the protection of others against unreasonable risks of harm. In order to prevail in a negligence action, the plaintiff must prove, by a preponderance of the evidence, the following four elements: (1) that the defendant owed the plaintiff a duty of care; (2) that the defendant breached that duty; (3) that the defendant's breach of his or her duty of care caused the plaintiff's injury; (4) that the plaintiff suffered injury.
Once a notice of compensation payable is filed, benefits would begin to be paid, and must begin to be paid, no later than 21 days after the employer receives notice of an employee's injury. Notice of Injury.
Amicus Curiae. (Latin: "friend of the court.") Person or organization that files a legal brief with the court expressing its views on a case involving other parties because it has a strong interest in the subject matter of the action. Admissible Evidence.
A Latin term meaning for the purposes of the lawsuit. For example, a guardian "ad litem" is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit. Allegation. The claim made in a pleading by a party to an action setting out what he or she expects to prove.
Accepted Claim. A claim in which the insurance company accepts that your injury or illness will be covered by workers compensation. Acknowledgment. 1. A statement of acceptance of responsibility. 2. The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged. Action.
In workers' compensation law, when an injury is caused by the act or failure to act of a party other than the employer, that party is the "third party," and the injured worker may file a lawsuit against that party.
• Brocard (law)
• Byzantine law
• Code of Hammurabi
• Corpus Juris Canonici
• International Roman Law Moot Court