The definitions provided in this glossary are for general informational purposes only and do not constitute legal definitions. They are simplified explanations intended to help users understand common legal terms in everyday language.
This glossary is not a substitute for legal advice, formal legal definitions or consultation with a qualified legal professional. Legal terms may have different meanings depending on the context, jurisdiction or applicable laws. For official interpretations, please refer to the relevant statutes, legal texts or consult us.
A
Ab initio – From the beginning.
Actus reus – The criminal act or unlawful conduct itself, as opposed to the intention behind it.
Ad hoc – For this specific purpose or situation only.
Ad idem – In agreement; when all parties share the same understanding.
Ad infinitum – Forever; without end.
Ad litem – For the purposes of the lawsuit, often refers to a person appointed to represent someone unable to do so (for example, a child or incapacitated adult).
A fortiori – Even more so; used when one thing is obviously more certain than another.
A posteriori – Based on experience or facts.
A priori – Based on logic or theory, not on experience.
Aliunde – From another place or source; often used in reference to outside evidence.
Amicus curiae – “Friend of the court”; a person or organisation not directly involved in the case who provides information or opinions to help the court.
Animus nocendi – The intention to cause harm or commit a wrongful act.
Animus possidendi – The intention to possess something.
B
Bona fide – In good faith; genuine or sincere.
Bona vacantia – Ownerless property that passes to the state.
Bonus paterfamilias – The standard of a “reasonable person” used to judge someone’s actions.
C
Caveat – A warning or caution.
Caveat emptor – “Let the buyer beware”; the buyer assumes the risk.
Caveat venditor – “Let the seller beware”; the seller must be honest and responsible.
Certiorari – An order by a higher court to review the decision of a lower court.
Ceteris paribus – All other things being equal.
Corpus delicti – The body of the crime; proof that a crime has been committed.
Corpus juris – A body of law; a complete collection of laws in a particular area.
Crimen falsi – A crime involving dishonesty or fraud.
D
De facto – In fact; something that exists in reality, even if not legally recognised.
De jure – By law; something that is legally recognised.
De minimis – Too minor to be considered; insignificant.
De minimis non curat lex – “The law does not concern itself with trifles.”
De novo – Starting from the beginning; a fresh review.
Dictum (plural: dicta) – A statement in a court judgment that is not part of the essential reasoning and does not have binding authority.
Doli incapax – Incapable of crime; usually refers to children under a certain age.
Dolo malo – With malicious intent or bad faith.
Dura lex sed lex – “The law is harsh, but it is the law.”
E
Erga omnes – Toward all; refers to legal obligations or rights that apply universally and can be enforced by or against anyone (for example, human rights obligations owed to the international community).
Erga omnes partes – Toward all parties (to a treaty or agreement); refers to obligations that apply to all members of a specific group or treaty, and can be enforced by any of them, even if they are not directly affected.
Ex ante – Before the event; based on predictions.
Ex gratia – A payment made voluntarily, without accepting legal responsibility.
Ex officio – By virtue of holding a particular office or position.
Ex parte – From one party only; a court proceeding conducted without the other party present.
Ex post facto – After the fact; often used to describe laws that apply retroactively.
Expressio unius est exclusio alterius – Mention of one thing implies the exclusion of others.
F
Falsus in uno, falsus in omnibus – False in one thing, false in everything; if a witness lies about one thing, their whole testimony may be disregarded.
Fiat – A formal order or authorisation.
Functus officio – No longer having legal authority because the duty has been completed.
H
Habeas corpus – “You shall have the body”; a legal action requiring that a person under arrest be brought before a judge to determine if the detention is lawful.
Hoc loco – In this place.
Hoc tempore – At this time.
I
Ignorantia juris non excusat – Ignorance of the law is no excuse.
In absentia – In the absence (of the person).
In camera – In private; a court session held without the public present.
In dubio pro reo – When in doubt, rule in favour of the accused.
In extremis – In a desperate or final situation.
In flagrante delicto – Caught in the act of wrongdoing.
In forma pauperis – Permission to proceed without paying court fees due to lack of funds.
In limine – At the beginning; a motion made before the main trial begins.
In loco parentis – Acting in place of a parent.
In pari delicto – When both parties are equally at fault.
In personam – Directed at a specific person.
In rem – Directed at a specific thing or property.
Ipso facto – By the fact itself.
Inter alia – Among other things.
Inter se – Between themselves; referring to relationships within a group.
Inter vivos – Between the living; often refers to a gift or trust made while alive.
J
Jus cogens – A fundamental principle of international law that cannot be violated.
Jus naturale – Natural law.
Jus soli – Right of the soil; citizenship based on place of birth.
Jus sanguinis – Right of blood; citizenship based on parentage.
Jus tertii – The rights of a third party.
L
Lex talionis – The law of retaliation; “an eye for an eye.”
Lex loci – The law of the place where something occurred.
Lex non cogit ad impossibilia – The law does not require the impossible.
Locus standi – The right to bring a case to court; legal standing.
M
Mala fide – In bad faith; with dishonest intentions.
Malum in se – Wrong in itself; morally wrong regardless of law.
Malum prohibitum – Wrong only because the law says so.
Mens rea – The intention or knowledge of wrongdoing; the “guilty mind.”
Modus operandi (MO) – Method of working; often used to describe a criminal’s typical pattern.
N
Nemo judex in causa sua – No one should be a judge in their own case.
Nemo tenetur seipsum accusare – No one is bound to accuse themselves.
Nolle prosequi – A formal notice to abandon or drop charges.
Nolo contendere – No contest; not admitting guilt, but accepting punishment.
Non compos mentis – Not of sound mind; legally insane.
Non est factum – “It is not my deed”; a defence claiming a document was signed by mistake.
Nulla poena sine lege – No punishment without law.
Nunc pro tunc – “Now for then”; applying a decision retroactively.
O
Obiter dictum – A remark or observation made by a judge that is not essential to the decision and not legally binding.
Onus probandi – The burden of proof; who has the responsibility to prove something.
Opinio juris sive necessitatis – The belief that an action is carried out as a legal obligation.
P
Pacta sunt servanda – Agreements must be kept.
Parens patriae – The state as guardian of those who cannot care for themselves.
Per curiam – By the court; an unsigned opinion issued collectively.
Per se – By itself; inherently.
Prima facie – At first glance; based on the first impression.
Pro bono – For the public good; legal services done for free.
Pro forma – As a formality.
Pro rata – In proportion.
Publicus juris – Belonging to the public.
Q
Quid pro quo – A favour or advantage given in return for something.
Quorum – The minimum number of members required to make a decision.
Qui facit per alium facit per se – He who acts through another acts himself.
R
Ratio decidendi – The legal reason for a court’s decision; the binding part of the judgment.
Res gestae – Events or statements closely related to an event, used as evidence.
Res ipsa loquitur – The thing speaks for itself; suggests negligence by the nature of the event.
Res judicata – A matter already judged; cannot be tried again.
Rex/Regina – The Crown; used in criminal cases (for example, R v. Smith).
S
Sine qua non – An essential condition; something absolutely necessary.
Stare decisis – To stand by decisions; the principle of following previous court rulings.
Sub judice – Under judicial consideration; not to be discussed publicly.
Sui generis – Unique; in a category of its own.
Summum jus, summa injuria – Strictest law can result in greatest injustice.
T
Tempus fugit, memento mori – “Time flies, remember you must die”; not strictly legal, but often quoted in judicial rhetoric.
Terra nullius – Land belonging to no one; used in property and sovereignty claims.
Trial de novo – A new trial by a different court.
U
Uberrima fides – Utmost good faith; standard required in certain contracts (for example, insurance).
Ultra vires – Beyond the powers; actions taken beyond legal authority.
V
Veni, vidi, vici – “I came, I saw, I conquered”; not a legal term, but sometimes quoted in legal rhetoric.
Verbatim – Word for word.
Vice versa – The other way around.
Volenti non fit injuria – No injury is done to someone who willingly accepts the risk.