Copy of `Justice Gov - British legal terms`

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Justice Gov - British legal terms Category: Government and organisations > Justice Date & country: 22/01/2014, UK Words: 66

Videlicet (Viz)
Namely Used in text to indicate examples

Semble
It appears

Sine Die
Without a day A hearing adjourned sine die stands open indefinitely without a further hearing having been allocated

Sub Judice
In the course of trial Whilst a court case is under consideration. Proceedings are sub-Judice and details cannot be disclosed

Subpoena ad Testificum
To produce evidence A writ directed to a person commanding him/her, under a penalty, to appear before a Court and give evidence

Ultra Vires (See Intra Vires)
Beyond the power An act that falls outside or beyond the jurisdiction of the court

Ratio Decidendi
The principles of law applied by a Court upon which a judicial decision is based

Res Ipsa Loquitur
The thing speaks for itself An event that has occurred which, if the subject of litigation, would not require an onus of proof by the plaintiff because of the obvious negligence of the defendant

Res Judicata
A thing ajudged Once a case has been finally decided upon by a Court the same parties cannot attempt to raise the issue by or during further proceedings

Quasi
As if Any person exercising powers similar to those of a judge would be sitting in a Quasi-Judicial capacity

Pro Tempore (Pro Tem)
For the time being Temporarily

Per Se
By itself Denoting that the topic should be taken alone

Post
After An indication to refer to something to be found further on

Prima Facie
First sight Prima Facie evidence would be considered sufficient to prove a case unless disproved - if no Prima Facie evidence can be offered there is no case to answer

Pro Forma
A matter of form Pro Forma procedure is performed subject to and following an agreed manner

Pro Rata
In proportion Dividends distributed on a Pro Rata basis would be according to the amount of investment

Obiter Dictum
A saying by the way Words said in passing by a Judge on a legal point but not constituting part of the evidence or judgment

Per
As stated by

Per Capita
By heads eg the cost is

Per Pro (pp)
Through another A person delegated to act for another

Mutatis Mutandis -
The Necessary changes being made Denotes that instructions should not be followed verbatim but by amending where necessary

Non Compos Mentis
Not sound in mind A person classed as unfit to conduct/defend legal proceedings

Nota Bene (nb)
Note well An abbreviation denoting that the reader of an article should make a particular note of the article mentioned.

Nulla Bona
No effects A return entered by a Sheriff to a High Court writ of execution which indicates the defendant had no goods of any value to remove

Intra
Within

Intra Vires (See Ultra Vires)
Within the power of An act that falls within the Jurisdiction of the Court

Ipso Facto
By the fact The reliance upon facts that together prove a point

Locus in quo
The place in which during proceedings may be used as reference to subject matter ie scene of accident

Mens Rea
Guilty mind The intention to commit an offence whilst knowing it to be wrong

Inter Alia
Among other things Indicates that the details given are only an extract from the whole

In Situ
In its original situation

In Personam
Against the person Proceedings issued against or with reference to a specific person - an admiralty action in personam would be issued against the owner of a ship

In Re
In the matter of A heading in legal documents which introduces the title of the proceedings

In Rem
Against the matter Proceedings issued or directed against property as opposed to a specific person - an admiralty action in rem would be issued against the ship itself

In Camera
In the chamber The hearing of a case in private without the facts being reported to the public

In Curia
In open court The hearing of a case before a court sitting in public

Habeas Corpus
Produce the body A writ which directs a person to produce someone held in custody before the court

Ibid
In the same place Used in text to refer to a page previously mentioned

Id Est (ie) -
That is to say Used as a description to explain a statement

Ignorantia Juris non excusat -
Ignorance of the law is no excuse If committing an offence a guilty party cannot use as a defence the fact that they did so without knowledge that they were breaking the law

Functus Officio
Having discharged duty A judicial or official person prevented from taking a matter further because of limitation by certain regulations

Forum Conveniens
At a convenient place A Court having jurisdiction in a particular case

Ex Parte
By a party An ex parte application is made to the Court during proceedings by one party in the absence of another or without notifying the other party

Ex Post Facto
By a subsequent act Something that occurs after the event but having a retrospective effect

Exempli Gratia (eg)
For example - Used when qualifying a statement by explaining through a relevant example

Doli Incapax
Incapable of crime

Duces Tecum
Bring with you Order to produce document to court

Erratum
An error

Ex Gratia
As a matter of favour An Ex Gratia payment would be awarded without the acceptance of any liability or blame

Ex Officio
By virtue of his office A magistrate sitting with a judge at the Crown Court would appear ex officio in a case where no judicial function is to be exercised by the magistrate eg case committed to Crown Court for sentence only

De Jure
By right

Compos Mentis
Of sound mind Legally fit to conduct/defend proceedings

Cor (Coram)
In the presence of

De Bonis Non Administratis
Of goods not administered A person appointed to administer an estate following the death of the original administrator

De Facto -
In fact As a matter of fact

Amicus Curiae
A friend of the court A neutral party who does not represent any individual party in the case who will be asked by the Court to make representations from an independent viewpoint

Ante
Before An indication within text to refer to an earlier passage

Bona Fide
In good faith A Bona Fide Agreement is one entered into genuinely without attempt to fraud

Bona Vacantia
Denotes the absence of any known person entitled to the estate of a deceased person

Caveat
Beware/take care An entry in the court records that effectively prevents action by another party without first notifying the party entering the Caveat

Ad Hoc
For this purpose Ad Hoc decisions are made as and when a situation demands:- Ad Hoc committees are formed to address a particular issue - Ad Hoc meetings would take place to discuss specific matters

Ad Idem
Of same mind ie as one; agreed eg the parties are ad idem on this point

Ad Infinitum
Without limit Describes an event apparently continuing without end

Ad Litem
For the suit Denotes a temporary appointment which continues during legal proceedings ie Guardian Ad Litem

Ad Colligenda Bona
To collect the goods A temporary order for the Administration of an estate of a deceased person used when the estate is of a perishable nature

Actus Reus
Guilty act The offence of which the defendant is accused