Chapter-7-Legal-Terms-Maxims

Term/Phrase

Meaning

ab initio

From the beginning.

ad hoc

Not intended to be able to be adapted to other purposes.

ad idem

To the same thing.

ad infinitum

To infinity.

ad valorem

According to value.

alter ego

A second identity living within a person.

amicus curiae

Friend of the court.

audi alteram partem

Hear the other side.

bona fide

In good faith.

de facto

In fact.

de jure

In law.

de novo

A new.

dehors

Outside of.

ex gratia

As a matter of grace or favour.

ex officio

By virtue of an office.

ex parte

Expression used to signify something done or said by one person not in the presence of his opponent.

fait accompli

An accomplished act.

ictus reus

Guilty act.

in personam

Against the person.

in rem

An act/proceeding done or directed with reference to no specific person or with reference to all whom it might concern.

inter alia

Amongst other things.

inter vivos

Between living persons.

intestate

A person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition (“will”) capable of taking effect.

intra vires

Within the powers.

ipso facto

By the mere fact.

ipso jure

By the law itself.

lis pendens

A pending suit.

locus standi

Signifies a right to be heard.

mens rea

A guilty mind.

mesne profits

Intermediate profits, the profits which a person in wrongful possession of the property actually received or might with ordinary diligence have received therefrom together with interest on such profits excluding the profits due to improvement made by the person in wrongful possession.

modus operandi

Mode of operating; the way in which a thing, cause etc. operates.

mutatis mutandis

With the necessary changes in points of detail, with such change as may be necessary.

obiter dictum

An opinion of law not necessary to the decision. An expression of opinion (formed) by a judge on a question immaterial to the ratio decidendi, and unnecessary for the decision of the particular case. It is no way binding on any court, but may receive attention as being an opinion of high authority.

pendente lite

During litigation.

quid pro quo

The giving of one thing of value for another thing of value; one for the other; thing given as compensation.

ratio decidendi

Reasons for deciding, the grounds of decision.

res integra

An untouched matter; a point without a precedent; a case of novel impression.

res judicata

A case or suit already decided.

rule nisi

A rule to show cause why a party should not do a certain act, or why the object of the rule should not be enforced.

sine die

Without day.

sine qua non

An indispensable requisite.

stare decisis

To stand by things decided; to abide by precedents where the same points come again in litigation.

status quo

Existing condition.

sub judice

Before a judge or court, pending decision of a competent count.

ultra vires

Beyond one’s powers.