Glossary: A Law Student’s Reference Guide

Glossary - A Law Student’s Reference Guide

A Selection of Latin Words and Phrases generally used in our law with their corresponding English translations

Glossary - A Law Student’s Reference Guide

A Selection of Latin Words and Phrases generally used in our law with their corresponding English translations

MATJILA A M

LLB – UNISA, M.COM University of Johannesburg

Advocate of the High Court of South Africa.

Copyright © 2021 MATJILA A M

First edition 2021

Published by MATJILA A M Publishing at Smashwords

All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or any information storage or retrieval system without permission from the copyright holder.

The Author has made every effort to trace and acknowledge sources/resources/individuals. In the event that any images/information have been incorrectly attributed or credited, the Author will be pleased to rectify these omissions at the earliest opportunity.

Published by MATJILA A M using Reach Publishers’ services,

P O Box 1384, Wandsbeck, South Africa, 3631

Edited by AJ Corton for Reach Publishers

Cover designed by Reach Publishers

Website: www.reachpublishers.org

E-mail: [email protected]

MATJILA A M

[email protected]

Preface

This glossary contains a list of Latin words and phrases with English translations to serve as a quick reference guide to the students of law at tertiary institutions and universities.

It contains most of the Latin words and phrases extracted from legal disciplines such as Contract law, Law of succession, Property law, Family law, Law of persons, Law of unjust enrichment among others.

It aims to make the study of law easy and fun for law students, by improving comprehension of subject content.

A primary source that was relied upon in this work is Hiemstra V G and Gonin Trilingual Legal Dictionary 3 edition (1992) Juta, Cape Town.

Secondary sources are study guides of various disciplines in the faculty of law.

Table of Contents

A

B

C

D

E

F

G

H

I

L

M

N

O

P

Q

R

S

T

U

V

A

a contrario

by way of contrast; in the opposite sense; on the other hand

a dato

from the date, i.e. from the date of issue/ announcement

a fortiori

all the more; with stronger reason; more conclusively

a limine

from the start

a mensa et toro

separation from bed and board; judicial separation

a posteriori

reasoning from the effect to the causes; empirical; inductive reasoning

a priori

deductive(ly); (reasoning) from causes to effects or from assumed axioms, and not from experience

a quo

whence; from which. (for example, a judgment of the court a quo means a judgment of a court of first instance that is the court before which the matter was heard for the first time before it was brought to the present court)

a tempore morae

from the moment the debtor is in default

a verbis legis non recedendum est

the express words of the statute should not be departed from

a vinculo matrimonii

from the bond of wedlock or matrimony or marriage

ab antiquo

from old times

ab initio

from the beginning; from the start

ab intestato

of a person dying without a valid will; intestate

aberratio ictus

misdirection of the blow; ill-aimed (inadvertent) blow; mishit (hitting the wrong mark); not the person or object aimed at

abolitio – o nis

destruction; abolition; repeal; abrogation

abrogare (legem)

abrogate; repeal; annul (a law)

absente adversario

by default

absente reo

in the absence of the accused

absentia, in –

in (one’s) absence; by default

abusus non tollit usum

misuse of a thing does not preclude or rule out its proper use

accedere ad negotium

come into the case

accessio –onis

accession; increase; addition; accessory; joining of things

accessio possessionis

combining periods of holding of predecessors in title; in the case of (prescription) addition of periods of possession by predecessors in title

accessio cedit (rei) principali

the accessory follows the principal thing

accessorium

accessory element

accidentalia

non-essential (contingent or incidental) elements of a contract

actio

action; claim; lawsuit

actio ad exhibendum

action for the production of property

actio aquae pluviae arcendae

action for the removal of obstructions erected by a neighbour to impede the natural flow of rain water (Property law)

actio quanti minoris

action for the reduction of the purchase price

actio auctoritatis

action following a breach of warranty in connection with a sale

actio bonae fidei

equitable action

actio calumniae

action for damages for malicious prosecution

actio commodati

action upon loan for use

actio commodati contraria

action of the borrower

actio commodati directa

action of the lender

actio communi dividundo

action for the division of joint property; action to divide a thing that belongs to co-owners

actio conducti

action of hiring instituted by the lessee against the lessor to enforce performance of the contract; action available to the lessee to claim