Common Latin terms, their meaning

Part II

IN the previous article I introduced to you a concept of Latin terms. I touched on common ones which are found in credit agreements mostly. It is my hope that they assisted you. If you have any other issues that you want me to address in this column feel free to write to me on the email address below. I will keep your privacy confidential. The purpose of this is to enable more people to learn on issues that affect them directly. This week let us continue with some more learning.

This week I am going to share some Latin terms with their meanings so that you will have a better understanding when you encounter them either in agreements or in Court judgments. You will notice that a number of words we are using in English today are actually borrowed from the Latin language, and many them now appear as if its English yet it is actually Latin. As you read through the latin terms below you will notice some words that you use daily, and what they actually mean. a fortiori — With stronger reason a priori — From the cause to the effect ab initio — From the beginning actiones in personam — Personal actions ad curiam — Before a court; to court ad hoc — For this purpose or occasion ad litem — For this suit or litigation ad rem — To the thing at hand ad valorem — According to the value adversus — Against aggregatio menium — Contractual meeting of the minds alias dictus — An assumed name alibi — In another place, elsewhere aliunde — From another place, from without (as in evidence outside the document. This is principle is found in the law of evidence ) alter ego — The other self amicus curiae — “friend of the court” brief animo — With intention, disposition, design or will animus — Mind or intention ante litem motam — before the suit or before litigation is filed arguendo — In the course of an argument bona fide — Good faith (you may have heard of a “bona fide” purchaser in arguments relating to double sales) capias — Take, arrest causa mortis — By reason of death caveat — Beware, a warning caveat emptor — “Let the buyer beware” Cestui — Beneficiaries

Cestui que trust — Beneficiaries of a trust circa — In the area of, about or concerning compos mentis — Of sound mind consortium — The conjugal fellowship of husband and wife

contra — Against

coram nobis — Before us ourselves

corpus — Body (this is where the word “corpse” is derived from)

corpus delicti — Body of the offense cum testamento annexo — “With the will annexed” datum — Information or the thing given de facto — In fact, in deed or actually de jure — Of right, lawful de novo — Anew or afresh dies non — Not a day duces tecum — bring with you e converso — Conversely or on the other hand

en banc — All judges present on the bench to hear a case eo instanti — Upon the instant erratum — Error et alii — And others et sequentia — And as follows et ux — And wife et vir — And husband ex delicto — Arising from a tort ex gratia — As a matter of favor ex officio — From office, by virtue of his office

ex parte — By or for one party only (The rules of Court provide for “ex parte applications”. This also means without notice to the other party.)

ex post facto — After the fact facto — In fact, in or by the law fiat — Let it be done, a short order that a thing be done fieri — To be made up, to become flagrante delicto — In the very act of committing the crime

forum non conveniens — Power to decline jurisdiction over a case and have it tried elsewhere gravis — Serious, of importance habeas corpus — Writ commanded to the custodian of a person to produce the body now idem — The same as above (id.) idem sonans — To have the same sound, as in names sounding alike but spelled differently in curia — In court in esse — In being, existence in forma pauperis — Permission given to a poor person to sue without liability for court costs infra — Beneath; below in limine — At the beginning; At the threshold in loco parentis — In place of the parent in pari delicto — In equal fault in personam — Personally, or against the person in praesenti — At once; now in re — In the matter in rem — A proceeding against a thing in specie — In the same or in similar form instanter — Immediately inter alia, inter alios — Among other things or between other persons inter se — Among themselves inter vivos — Between the living; or from one person to another in toto — In the whole; completely in transitu — In transit intra — Within; inside ipse dixit — He himself said (it), as an assertion made but not proved ipso facto — By the fact itself ita est — so itis jura personarum — Right of a person, rights of persons jura rerum — Rights of things jure divino — By divine rights jure uxoris — In his wife’s right jus — Law or right jus ad rem — A right to a thing jus commune — The common law or common right

jus gentium — law

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