actio in personam "action against a person"

ad hominem "to the man" (Appealing to a person's interests or prejudices rather than to reason)
ad litem "for the suit/action"
amicus curiae "friend of the court"
bona fide "in good faith"
de jure "according to law / by right"
Dura lex, sed lex. "The law is hard, but it is the law."
ex curia "out of court"
ex lege "arising from the law; as a matter of law"
"You shall have the body. / (I command that) you have the body." (A judge's order
habeas corpus
to bring a person before the court to see whether he is justly imprisoned.)
Hoc indictum
"I wish this to be unsaid. (I withdraw the statement.)"
volo.
Ignorantia legis
"Ignorance of the law excuses no one."
neminem excusat.
in camera "in chamber / in secret / closed session"
in facie curiae "in the face/presence of the court"
in personem "against a/the person"
ipso facto "by the fact itself / by that very fact"
lex scripta "written law"
mala fide "in/with bad faith / treacherously"
mala in se "bad/evil in itself"
ne bis in idem "A person may not be punished twice for the same thing."
ne exeat "Let him not go out from the jurisdiction of the court"
noli-me-tangere "do not touch me" (A warning against touching)
nolle prosequi "I do not wish to pursue" (A prosecutor is dropping all or part of an indictment.)
"I do not wish to contend." (A guilty plea, leaving open the option of denying
nolo contendere
alleged facts in later proceedings)
non compos
"not having control of the mind" (Not legally responsible)
mentis
nunc pro tunc "now for then" (Indicates action in the present that should have been taken before)
per se "in/by itself"
prima facie "on first appearance / at first sight"
pro forma "as a matter of form / according to form"
pro tempore "for the time / temporarily"
res gestae "things done / deeds / facts of a case that are admissible as evidence"
sine die "without a day (set for reconvening) / indefinitely"
sine qua non "without which not / an essential element or condition"
status quo "manner in which / condition / legal condition of a person or thing"
sub judice "before the judge/court / under judicial consideration"
sui juris "of one's own right" (Capable of managing one's own affairs)
 CHAPTER II
A

1. A fortiori- “With even stronger reason”, which applies to a situation in which if one
thing is true then it can be deduced that a second thing is even more certainly true.
2.A posteriori- Relating to or originating by reasoning from the observation of facts.
3.A priori - From what was before
4.Ab extra - From outside
5.Ab incunablis - From infancy
6.Ab initio - From the beginning
7.Ab intra - From within
8.Absoluta sentential expositore non indiget - An absolute judgment needs no
expositor
9.Actio personalis moritur cum persona - A personal action dies with the person
10.Actiones legis – Law suits
11.Actori incumbit onus probandi – The burden of proof lies on the plaintiff
12.Actus nemini facit injuriam – The act of the law does no one wrong
13.Actus reus – A guilty deed or act
14.Ad absurdum – To the point of preposterousness
15.Ad eundem – To the same level
16.Ad eundem gradum – To the same degree
17.Ad hoc – For this purpose
18.Ad hominem – Represents an argument made personally against an opponent,
rather than a logical argument against an issue
19.Ad idem – Of the same mind
20.Ad infinitum – Forever, without limit
21.Ad locum – At the place
22.Ad nauseam – To a repulsive extent
23.Ad quaestionem facti non respondent judices – The judges do not answer to a
question of fact
24.Ad referendum – Subject to reference
25.Ad valorem – By the value e.g. ad valorem tax
26.Addenda – Things to be attached
27.Addendum – A thing to be attached
28.Aedificare in tuo proprio solo non licet quod alteri noceat – It is not lawful to
build on one’s own land what may be injurious to another
29.Aequitas legem sequitur – Equity follows the law
30.Aequitas nunquam contravenit legem – Equity never contradicts the law
31.Affidavit – A sworn written statement usable as evidence in court
32.Agenda – Things to be done
33.Alibi – At another place, elsewhere
34.Allegatio contra factum non est admittenda – An allegation contrary to a deed
is not to be heard
35.Alter ego – Other “I” or “Other self”
36.Ambiguitas contra stipulatorem est – An ambiguity is most strongly construed
against the party using it
37.Amicus curiae – A friend of the Court
38.Amicus omnibus, amicus nemini – A friend to everyone is a friend to none
39.Annus horribilis – A horrible year
40.Annus mirabilis – A fantastic year
41.Ante – Before
42.Ante meridiem – Before noon
43.Arbitrium est judicium – An award is a judgment
44.Assentio mentium – The meeting of minds, i.e. mutual assent
45.Assignatus utitur jure auctoris – An assignee is clothed with rights of his assignor
46.Audi alteram partem – Hear the other side

B.
1.Bona fide: Sincere, in good faith
2.Bona fides: Honest purpose
3.Bona vacantia: Goods without an owner
4.Boni judici est ampliare jurisdictionem: It is the part of a good judge to enlarge
his jurisdiction.
5.Boni judicis est judicium sine dilation mandare executioni: It is the duty of a
good judge to cause execution to issue on a judgment without delay
6.Bonus judex secundum aequum et bonum judicat et aequitatem stricto juri
praefert: A good judge decides according to justice and right and prefers equity to
strict law

C.
1.Cadit quaestio: The matter admits of no further argument
2.Causa proxima, non remota spectatur: – The immediate and not the remote
cause is to be considered
3.Caveat emptor: Let the purchaser beware
4.Caveat venditor: Let the seller beware
5.Ceteris paribus: Other things being equal
6.Circa: Around
7.Cogito, ergo sum: I think, therefore I am
8.Compos mentis: Stable, lucid, sane
9.Consensu: Unanimously or, by general consent
10.Consensus ad idem: Agreement as to the same things
11.Contra: – To the contrary
12.Contra bonos mores: Against good morals
13.Contra non valentem agere nulla currit praescriptio: No prescription runs
against a person not able to act
14.Conventio et modus vincunt legem: A contract and agreement overcome the law
15.Coram non judice: – Before one who is not a judge
16.Corpus: Body
17.Corrigenda: A list of things to be rectified
18.Corpus delicti: The body, i.e. the gist of crime
19.Crimen omnia ex se nata vitiat: Crime vitiates everything, which springs from it.

D.
1.Damnum sine injuria – Damage without injury.
2.De facto – In fact.
3.De jure – By law.
4.De minimis – About minimal things.
5.De Minimis Non Curat Lex – The law does not govern trifles (unimportant things) or
law ignores insignificant details. Or, A common law principle whereby judges will not sit
in judgment of extremely minor transgressions (offence, wrongdoings) of the law.
6.De novo – To make something anew.
7.Dictum – Statement of law made by judge in the course of the decision but not
necessary to the decision itself.
8.Doli incapax – Incapable of crime.
9.Detinue – Tort of wrongfully holding goods which belong to someone else.
10.Donatio mortis causa – Gift because of death. Or a future gift given in expectation
of the donor’s imminent death and only delivered upon the donor’s death.

E.
1.Estoppel – Prevented from denying.
2.Ex gratia – As favour.
3.Ex officio – Because of an office held.
4.Ex parte – Proceedings in the absence of the other party.
5.Ex post facto – Out of the aftermath, or After the fact.

F.
1.Fatum – Beyond human foresight.
2.Factum probans – Relevant fact.
3.Fraus est celare fraudem – It is a fraud to conceal a fraud.
4.Functus officio – No longer having power or jurisdiction.
5.Furiosi nulla voluntas est – Mentally impaired or mentally incapable persons
cannot validly sign a will, contract or form the frame of mind necessary to commit a
crime. or a person with mental illness has no free will.

H.
1.Habeas corpus – A writ to have the body of a person to be brought in before the
judge.

I.
1.Ignorantia juris non excusat – Ignorance of the law excuses not or Ignorance of the
law excuses no one. In other words, A person who is unaware of a law may not escape
liability for violating that law merely because one was unaware of its content.
2.Injuria sine damno – Injury without damage.
3.Ipso facto – By the mere fact.
4.In promptu – In readiness.
5.In lieu of – Instead of.
6.In personam – A proceeding in which relief I sought against a specific person.
7.Innuendo – Spoken words which are defamatory because they have a double
meaning.
8.In status quo – In the present state.
9.Inter alia – Among other things.
10.Inter vivos – Between living people. (especially of a gift as opposed to a legacy)
11.Interest Reipublicae Ut Sit Finis Litium – It means it is in the interest of the state
that there should be an end to litigation.

J.
1.Jus cogens or ius cogens – Compelling law.
2.Jus in personam – Right against a specific person.
3.Jus in rem – Right against the world at large.
4.Jus naturale – Natural law. Or in other words, A system of law based on fundamental
ideas of right and wrong that is Natural Law.
5.Jus Necessitatis – It means a person’s right to do what is required for which no
threat of legal punishment is a dissuasion. Dissuasion means: the action or process of
trying to persuade someone not to take a particular course of action. Question asked by
one of you: I have a doubt about the maxim jus necessitatis. Does it come under
section 81 or 87 of IPC?Answer: This is called the doctrine of necessity. It means a
person doing a thing under compulsion of situation. It is not considered a wrongful act.
It comes under the ambit of section 81 of IPC.
6.Jus non scriptum – Customary law.
7.Jus scriptum – Written law.
8.Jus – Law or right.
9.Justitia nemini neganda est – Justice is to be denied to nobody.
10.Jus soli – Right of soil.
11.Jus sanguins – Right of blood or descent.

L.
1.Lex non a rege est violanda – The law must not be violated even by the king.
2.Locus standi – Right of a party to an action to appear and be heard by the court.

M.
1.Mala fide – In bad faith.
2.Malum in se or Mala in se (plural) – Wrong or evil in itself. Or, Mala in se is ‘A term
that signifies crime that is considered wrong in and of itself.’ For Example, Most human
beings believe that murder, rape, and theft are wrong, regardless of whether a law
governs such conduct or where the conduct occurs and is thus recognizably malum in
se.
3.Malum prohibitum – In a way opposite of Malum in se. It means ‘Crimes are criminal
not because they are inherently bad, but because the act is prohibited by the law of the
state.’For example, Jurisdiction in India requires drivers to drive on the left side of the
road. This is not because driving on the right side of a road is considered immoral, but
because the law says to drive on the left side and not on the right side.
4.Mandamus – ‘We command’. A writ of command issued by a Higher Court to
Government/Public Authority, to compel the performance of a public duty.
5.Mens rea – Guilty mind.
6.Misnomer – A wrong or inaccurate name or term.
7.Modus operandi – Way of working.
8.Modus Vivendi – Way of living.
9.Mutatis Mutandis – With the necessary changes having been made, or with the
respective differences having been considered.

N.
1.Nemo bis punitur pro eodem delicto – Nobody can be twice punished for the
same offence.
2.Nemo debet bis vexari pro una et eadem causa – It means no man shall be
punished twice for the same offence.
3.Nemo debet esse judex in propria causa or Nemo judex in causa sua or Nemo
judex in sua causa – Nobody can be judge in his own case.
4.Nemo moriturus praesumitur mentire – A man will not meet his maker (God) with
a lie in his mouth or in other words ‘No man at the point of death is presumed to lie.’
(This maxim is related to dying declaration)
5.Nemo Potest esse tenens et dominus – Nobody can be both a landlord and a
tenant of the same property.
6.Nolle prosequi – A formal notice of abandonment by a plaintiff or prosecutor of all or
part of a suit.
7.Novation – Transaction in which a new contact is agreed by all parties to replace an
existing contract.
8.Nunc pro tunc – Now for then. A ruling nunc pro tunc applies retroactively to correct
an earlier ruling.
9.Non Sequitur – A statement (such as a response) that does not follow logically from
or is not clearly related to anything previously said.

O.
1.Obiter dictum – Things said by the way. It is generally used in law to refer to an
opinion or non-necessary remark made by a judge. It does not act as a precedent. In
other words, Obiter dictum means “that which is said in passing,” an incidental
statement. Specifically, in law, it refers to a passage in a judicial opinion which is not
necessary for the decision of the case before the court. Such statements lack the force
of precedent but may nevertheless be significant. Source: Britannica
2.Onus probandi – Burden of proof.

P.
1.Pacta Sunt Servanda – Agreements must be kept. or Agreements are legally
binding. In International Agreements it means ‘every treaty in force is binding upon the
parties to it and must be performed by them in good faith.’
2.Pari passu – With an equal step. Read more about it on Wikipedia.
3.Particeps criminis – A participator in the actual crime/partner in crime.
4.Per curiam (decision or opinion) – By the court. In other words, The decision is made
by the court (or at least, a majority of the court) acting collectively.
5.Per se – By itself.
6.Persona non grata – A person who is unacceptable or unwelcome. Opposite of
persona non grata is persona grata.Also, In diplomacy, a persona non grata is a
foreign person whose entering or remaining in a particular country is prohibited by that
country’s government.
7.Prima facie – At first sight.
8.Palimony – Money which a man pays to a woman with whom he has been living and
from whom he is separated. Palimony has slightly different meanings in different
jurisdictions.
9.Per curiam – By a court.
10.Per incuriam – Because of lack of care.
11.Prima facie – On the face of it.

Q.
1.Quantum meruit – What one has earned. or The amount he deserves. In other
words, A reasonable sum of money to be paid for services rendered or work done when
the amount due is not stipulated (specified, written down) in a legally enforceable
contract. Source: Oxford
2.Qui facit per alium, facit per se – He who acts through another acts himself. In
simple words, It is a fundamental legal maxim of the law of agency. It is a maxim often
stated in discussing the liability of the employer for the act of employee in terms of
vicarious (indirect, secondhand) liability.
3.Quid pro quo – Something for something.
4.Qui sentit commodum, sentire debet et onus – It means he who receives
advantage must also bear the burden.
5.Quo warranto – By what authority. A writ calling upon one to show under what
authority he holds or claims a public office.

R.
1.Ratio decidendi – Principle or reason underlying a court judgement. or The rule of
law on which a judicial decision is based.
2.Respondeat superior – Let the master answer. For example, There are
circumstances when an employer is liable for acts of employees performed within the
course of their employment. This rule is also called the master-servant rule.
3.Res ipsa loquitor – The thing speaks for itself.
4.Res Judicata – A matter already judged.
5.Res Judicata Pro Veritate Accipitur – It means that a judicial decision must be
accepted as correct.
6.Rex non protest peccare – The king can do no wrong.

S.
1.Salus populi est suprema lex – The welfare of the is the supreme law.
2.Status quo – State of things as they are now.
3.Sine die – With no day (indefinitely).
4.Sine qua non – “without which nothing”. An essential condition. A thing that is
absolutely necessary. Basically a component of an argument that, if debunked, causes
the entire argument to crumble.
5.Suo Motu – On its own motion.

U.
1.Uberrima fides (sometimes uberrimae fidei) – Utmost good faith.
2.Ubi jus ibi remedium – Where there is a right, there is a remedy.

V.
1.Veto – Ban or order not to allow something to become law, even if it has been passed
by a parliament.
2.Vice versa – Reverse position.
3.Vis major – Act of God.
4.Volenti non fit injuria – Damage suffered by consent gives no cause of action.
5.In other words, If someone willingly places himself in a position where he knows that
harm might result, then he is not able (allowed) to bring a claim against the other party
in tort or delict (a violation of the law).
6.Vox populi – Voice of the people. or The opinion of the majority of the people.
7.
W.
1.Waiver – Voluntarily giving up or removing the conditions.