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Brand van Zyl Law Library

http://www.lib.uct.ac.za/law

Glossary of Latin and Foreign Words

and Phrases
compiled by the reference staff of the UCT Law Library.
A

a contrario on the other hand; in contrast

a fortiori with stronger reason; more
conclusively; all the more so
a posteriori from the latter; (reasoning) from effect
to cause
a priori from the former; (reasoning) from
cause to effect
a quo from which (the court a quo refers to
the court of first instance)
ab extra from without
ab initio (ab init.) from the start or inception
ab intestatio from an intestate (one dying without a
will)
ab intra from within
ab origine from the beginning
abberatio ictus deflection of the blow (the perpetrator
strikes someone other than the person
intended)
accessio addition; combining two things
belonging to different persons into a
single unit
accidentalia non-essential agreed or implied terms
actio conducti action by the lessee against the lessor
to enforce performance of the hiring
contract
actio de pauperie action lying against the owner of an
animal for injury or damage caused by
the animal
actio empti (ex empto) action brought by the purchaser
against the seller to enforce
performance of the contract of sale or
to claim damages
actio in personam personal action
actio in rem real action; an action for the recovery
of a thing
actio redhibitoria an action for setting aside the contract
and for restitution
actus reus an action element in a crime (as
opposed to a mental component)
ad corpus by lump without measure
addendum (pl. addenda) something to be added
ad hoc for a special or particular purpose
ad hominem pertaining to the person
ad idem being of the same mind; in agreement
ad infinitum (ad inf) to infinity
ad litem for the purpose of the law suit/case
ad mensuram by measure (eg per unit/item)
ad quantitatem see ad mensuram [q.v.]
ad sectam (ads) at the suit of
ad valorem according to the value
aedilitian actions these are the actio redhibitoria & actio
quanti minoris [q.v.]
aliter otherwise; in a different way
aliunde extrinsic; from elsewhere
amicus curiae friend of the court (someone who
advises the court but is not counsel in
the cause)
animus intention; will; motive
animus furandi the intention to steal
animus contrahendi the intention of entering into a binding
agreement
animus iniurandi intent to cause harm
animus nocendi the intention of harming or causing
damage
animus possidendi the intention of possessing as owner
animus revocandi the intention to revoke (a will)
animus testandi the intention of making a will
animus vendendi the intention to sell
ante before; prior to
auctoritas authority; power
audi alteram partem hear the other side; principle meaning
both sides (to a dispute) must be
heard
au fait acquainted with the facts; expert;
proficient
autrefois acquit already acquitted
autrefois convict already convicted

boedelskeiding the division of a joint estate

bona fide in good faith
bona vacantia goods without an apparent owner
boni mores the legal convictions of the community
brutum fulmen empty threat

cadit quaestio the question falls away; leaves no

further room for argument
caput chapter; heading
casus belli an act justifying war
causa cause or a basis for action; a reason
or consideration
causa causans the immediate cause
casus omissus a contingency, matter or provision that
ought to have been inserted or
provided for in the law but was omitted
caveat a warning or caution
caveat emptor let the buyer beware
caveat subscriptor let the signer (of a document) beware
caveat venditor let the seller beware
certum certainty
certus quando certain when
ceteris paribus other things being equal
circa around or about (the time)
compos mentis of sound mind
condicio ob turpen causam a remedy available to an innocent
party to recover his performance
(what he has given or paid)
conditio sine qua non condition without which not; a
necessary condition
confer (cf.) compare
coram (cor.) in the presence of
consensus agreement; unanimity
consensus ad idem meeting of the minds;
like-mindedness; being in agreement
consortium omnis vitae physical, moral and spiritual
community of life [such as marriage]
constante matrimonio during the subsistence of the marriage
contra against; opposing
contra bonos mores contrary to good morals
contra proferentem see verba
fortius...
contrectatio taking control of a thing (an element of
theft)
contumelia insult or contempt
cui bono? who benefits or gains? (from a crime)
culpa lata gross negligence
culpae capax accountable
culpae incapax not accountable
cur ad vult see curia advisari vult
curator ad litem curator for the court case
curia advisari vult (cur ad vult) the court wishes to consider; reserves
its judgment

de facto in fact; actual; existing

de jure in point of law; by right
de lege ferenda the law as it ought (ideally) to be
de lege lata the law as it (actually) is or as it has
been made or passed
de minimis non curat lex the law does not concern itself with
trifles
de novo afresh
delegatus non delegare potest a delegate cannot herself delegate
detentio effective or physical control
dictum (pl. dicta) a remark, statement or saying
dictum et promissum a seller’s material statement to the
buyer during negotiations concerning
the quality of the res vendita
dies cedit the day when an obligation arises
dies non a day on which the courts did not sit
dies venit the day when an obligation is due or
payable
dignitas dignity
diligens paterfamilias diligent/careful head of the family; the
reasonable man
doli capax capable of crime
doli incapax incapable of crime
dolus the intent to cause harm
dolus directus the direct intent to do harm
dolus malus bad faith
dominium ownership
dominus owner
donatio gift; donation
donatio inter vivos donation made with intention that the
receiver should enjoy the benefit of the
gift while the donor is still alive
donatio mortis causa donation made in contemplation of the
death of the donor and conditional
thereon

eiusdem generis of the same kind; the interpretation

rule that general words following
specific words must be restricted to
things of the same nature as those
specified
emptio rei speratae contract of sale for a thing not yet in
existence on condition that it
subsequently comes into existence in
contract condition
emptio spei contract of sale for a thing not yet in
existence on the mere hope that it
may come to exist in the future
erga omnes in relation to all
ergo therefore
ergo post hoc in logic, the fallacy of thinking that a
happening which follows another must
be its result
erratum (pl. errata) fault; error
error in corpore mistake about the subject matter or
object of performance of the
agreement
error in negotio mistake concerning the nature of the
juristic act entered into
error in persona mistake concerning the persons
between whom the obligation exists
error in substantia mistake concerning important
attributes or qualities of the
agreed subject matter/object
essentialia things which are of the essence (of an
agreement)
et alia (et al) and others
et sequentes (et seq) and subsequent (pages)
ex abundanti cautela as an added precaution; from over
caution
ex cathedra from the chair with authority
ex curia out of court
ex contractu arising from a contract
ex delictu arising from a delict
ex aequo et bono according to what is equitable and just
exceptis excipiendis excepting those (factors) which should
be excepted
exceptio non adimpleti contractus a defence for a defendant who is sued
on a reciprocal contract by a plaintiff
who himself has not yet performed or
tendered to perform
exempli gratia (eg) for example
ex gratia gratuitous; voluntary; out of kindness
(implying absence of legal right)
ex lege by virtue of the law
ex mero motu of his own free will
ex officio by right of office
ex parte of one part or side; an ex parte
application is a application by one side
when the other is not, does not need
to be present
ex post facto from after the deed
expressio unius, exclusio alterius express mention of one thing excludes
the other
expressis verbis express words

facta probanda the facts that need to be proved/ the

facts in dispute
facta probantia the facts that provide the proof (of the
facta probanda)
fama good name
felo de se suicide
ferae natura wild animals
fiat justitia, ruat caelum let justice be done though the heavens
should fall
fons et origo the source and origin
fideicommissum a legal institution where a person
transfers a benefit to a particular
beneficiary subject to a provision that
the benefit is to go to a further
beneficiary after a time or if a condition
is met
fideicommissarius fideicommissary or (final) beneficiary
of a fideicommissum
fideicommittens person who (initially) transfers a
benefit to the fiduciarus (ie creator of a
fideicommissum)
fiduciarus fiduciary or (intermediate) beneficiary
of a fideicommissum
flagrante delicto in the very act of committing the
offence
force majeure act of God
forum rei the court of the country in which the
subject of an action is situated
fructus fruits; what is produced by a thing
functus officio (one who) having performed the
functions of his office is deprived of
further jurisdiction in a case
furtum usus unauthorised borrowing or use
G

generalia specialibus no derogant specific provisions are unlikely to be

subservient to generalities
generalis belonging to a kind; universal; general
gratis free; at no cost

habeas corpus that you have the body (a writ). See:

interdictum de homine libero
exhibendo (the Roman-Dutch law
equivalent)

ibidem (ibid; ib.) in the same place

Idem (id.) the same; identical
ignorantia iuris non excusat ignorance of the law excuses no one
impensae utiles useful expenses
impensae voluptuariae luxury expenses; expenses for
pleasure
impossibilium nulla obligatio est there is no obligation to perform the
impossible
imprimatur a sanction
impubes a minor under the age of puberty
in abstentia in the absence of
in camera in private
in casu in the present case
in consimili casu in a similar case
inclusio unius est exclusio alterius inclusion of the one is the exclusion of
another
incola a citizen; inhabitant of country
indicia indications; signs
in curia in court
in esse in being, actuality
in extenso at full length
in extremis in the last extremity; at the point of
death
infans a child under the age of seven years
in favourem vitae, libertatis et in favour of life, liberty and innocence
innocentia omnia presumuntur all possible presumptions are made
in flagrante delicto in the very act
infra (inf.) below
in fraudem legis so as to evade the law
iniuria injury to personal dignity; infringement
of personality rights
in limine on the threshold; at the outset (of the
hearing)
in loco in place; in the proper place
in loco citato (in loc. cit. /loc. cit.) in the place cited
in loco parentis in the place of a parent
in pari delicto potior est conditio in cases of equal/mutual fault of
possidentis/defendentis parties the one in possession (the
defendant) is in the stronger position
in pari materia in an analogous case
in personam applicable to a particular person or
against a particular person
in propria persona in her own capacity
in re in the case of
in rem applicable against the whole world
in situ in its original position/situation
in utero in the womb; unborn child
instanter immediate
inter between
inter alia among other things
inter alios between other persons; between
persons who are strangers to the
matter in dispute
inter partes between the parties
interpellatio demand (of payment); placing in mora
inter se between themselves
inter vivos between living persons
interdictum de homine libero an interdict for bringing a person
exhibendo before the court (the Roman-Dutch
equivalent of the English common law
writ of habeas corpus)
interim provisional; in the meanwhile
interpretation quae parit presumption that the legislature does
absurdum, non est admittenda not intend absurd consequences
intra within
intra vires within (its) powers
in toto the whole; entirely; altogether
invecta et illata things the tenant has brought onto the
premises
ipse dixit he himself said it; an unsupported
statement
ipsissima verba the exact/identical words
ipso facto by the very fact itself
ipso jure by the law itself; through the operation
of law; legally
iudex (a) judge
iudicis est ius dicere non dare the role of a judge is to state or
interpret the law and not to make it
ius accrescendi right of accrual
ius cogens peremptory norm; international law
norms of such importance that no one
may violate them
ius commune common law
ius dispondendi the right to dispose
ius in personam personal right
ius in rem right over a thing which can be
enforced against all others
ius possidendi the right to possess
ius retentionis the right of retention
ius tollendi right of a lessee to remove his useful
or luxury improvements
iustus error reasonable or excusable mistake

kinderbewys a bond to secure property for children

kustingbrief a mortgage bond

lacuna gap or deficiency

laesio enormis docrine seller’s/buyer’s equitable relief against
a seriously prejudicial bargain
concluded in the absence of fraud or
misrepresentation by the other party
laesae majestatis affront to the dignity of the head of
state
lex commissoria a forfeiture clause in a contract
conferring the power to cancel on
breach
lex domicilli law of domicile
lex fori law of the court in which the case is
heard
lex loci actus law of the place where the (legal) act
took place
lex loci celebrationis law of the place where the marriage
was entered into
lex loci contractus law of the place where the contract
was entered into
lex loci delictus law of the place where the delict was
committed
lex loci rei sitae law of the place where the thing is
situated
lex loci solutionis law of the place where the contract is
to be performed
lex non scripta the unwritten law (ie customary law)
lex situs law of the place where the thing is
situated
lis pendens an action pending
litis contestatio close of pleadings; joining issue (in a
lawsuit)
locatio operarum a lease of services
loc cit (loco citato) in the passage previously mentioned
locus place
locus in quo the place in which
locus standi in judicio the right to appear in person and be
heard in her own cause
lucidum intervallum lucid interval; period of sanity (of an
otherwise disturbed mind)
lucrum cessans a benefit which is terminated
M

magnum opus a great work

mala fides bad faith
manuscripta (MSS) manuscripts
manuscriptum (MS) manuscript
mandamus we demand (a writ)
mens rea criminal or wrongful intention
mero moto by itself; of its own accord
metus fear or threat
merx goods or merchandise (movable)
being sold
modus operandi manner of working; procedure
mora default
mora ex re default arising from the contract itself
mores manners; customs
motu proprio of his own accord
mutatis mutandis subject to the necessary alterations [to
allow for the changed circumstances]
mutuum a loan for consumption; loan of
fungibles (consumables)

nasciturus unborn child/fetus

naturalia
nec vi nec clam nec precario
neccessariae impensae
negotiorum gestio
nemo judex in causa sua
nemo plus iuris ad alium
transferre potest quam ipse
haberet
nemo potest facere per alium
quod per se non potest
things which are in the nature (of a
contract); the contract terms implied by
the law
without force, stealth or permission
necessary expenses
acting on behalf of another to his good
but without his knowledge or consent
no one can be a judge in his own
cause
no one can transfer more rights to
another than he himself has
no one may do by (means of) another
that which he may not do himself
nihil nothing
nisi unless (decree nisi is a provisional
order/decree to be made absolute
later unless good cause is shown to
the contrary)
nolens volens willing/consenting or not
nolle prosequi do not prosecute; formal entry on
record of intent not to continue
prosecution
nomine officio (abbrev. N.O.) appointed official; in official capacity
nominibus officii (abbrev. NNO) appointed officials; in [their] official
capacity
non est factum it is not his deed
non seqitur it does not (logically) follow
noscitur a sociis it is known from its associates (ie the
meaning of a word is determined from
its context)
nota bene (NB) note well; important
novus actus interveniens intervention of a fresh act or cause
nulla bona no goods
nulla poena sine lege no punishment without a law
numerus clausus restricted number
nunc pro tunc now for then

ob turpis causam for an immoral purpose or from an

immoral cause
obiter dictum (pl. dicta) a statement made by the way/in
passing (ie a non binding observation
on a legal issue by a judge)
onus duty; burden
onus probandi burden of proof
opera citandi (op cit.) the work cited

pacta sunt servanda obligations must be fulfilled; promises

must be kept
pactum de contrahendo an agreement to make a contract in
the future
pactum in favorem tertii an agreement in favour of a third
person
pactum successorium contract inhibiting freedom of testation
by promising to bequeath/or not to
bequeath property to another
pari passu equally; without preference
partim in part
passim scattered; in various places
pater est quem nuptiae the father is he whom the marriage
demonstrant points out (assumption of paternity)
paterfamilias head of the family
pecunia money
pecunia non numerata money unpaid
pecunia numerata money due and paid
pendente lite pending the outcome of the litigation
per annum by the year
per capita for each person
per contra on the contrary
per curiam in the court’s opinion
per diem by the day
per incuriam because of carelessness or oversight
per mensem by the month
per se by itself; taken alone
persona non grata an unacceptable person
per stirpes by stocks (ie branches of decent)
perduellio treason
perfecta complete; meeting all the
requirements necessary (for a sale)
persona standi in iudicio capacity to sue or be a party to an
action
peregrinus a foreigner (non-citizen)
permutatio exchange
pignus pledge
plus valet quod agitur quam quod the true intention or deed counts for
simulate concipitur more than a pretended/simulated one
post after
postea afterwards; at a later date
post hoc after this; therefore; because of this
post mortem after death
postscripta (P.SS) postscripts
postscriptum (P.S) postscript
potestas power; authority
pretium purchase price
prima facie at first sight; on the face of it
pro deo for God (refers to the defence at the
expense of the state of an indigent
accused)
pro non scripto as not written
pro bono for free/without payment
proferens the party to a contract who is the
author of its wording
pro forma as a matter of form
pro rata in proportion
pro se self representation without legal
counsel
pro tanto to the extent that
pro tempore for the time being
proxy a person authorised to do something
for someone else; the authority by
which one person acts on behalf of
another

qua as; in the capacity of

quaere questionable or doubtful
quantum quantity or amount
quantum meruit the amount of enrichment
quasi as if
quid pro quo something for something;
consideration
qui prior est tempore potior est first in time is stronger in right
iure
quod hoc to this extent
quod vide (q.v.) which see (ie a cross reference to
something/somewhere else)
R

ratio decidendi finding of law producing a general

legal rule that the court applies to the
facts of the case (binding)
rebus sic stantibus as long as circumstances remain as
they are
reductio ad adsurdum reducing (a proposition) to the absurd;
demonstrating by analogy that a
proposition is ridiculous
regina (R) the queen (the crown)
rei veritas truth of the matter
rei vindicatio the legal remedy of an owner to
vindicate his property from whoever
possesses it
res thing
res alicuius things owned by a person
res aliena thing belonging to another
res communes things that belong to all
res communis omnium/res common to all but belonging to no one
omnium communes
res derelicta; (pl. res derelictae) thing not owned but capable of being
owned; discarded or abandoned
property
res gestae things done (and words spoken); the
transaction
res furtivae stolen goods
res ipsa loquitur the facts speak for themselves
res iudicata/judicata a matter already adjudicated on
res litigiosa disputed property
res nullius ownerless property; an unowned thing
respondeat superior let the master answer (for the servant)
res publicae things belonging to the public at large
res sic stantibus things remain the same
res sua a person’s own property
res sua nemini servit no one can hold a servitude over her
own property
res vendita the thing sold
rex (R) the king (the crown)
rixa a fight; physical altercation
rouwkoop (rougeld) a sum paid or forfeited in order to get
rid of a bad bargain

salva rerum substantia without impairing the substance

scilicet namely (in law)
scintilla a spark; a trace
secundum aequum et bonum according to what is equitable and
right
seditio sedition
semble apparently; it seems
senatus consultum (S.C.) decree of the senate
seriatim one after the other in order; point by
point
sic so
si irritum sit in jure dubio et let what has taken place by doubtful or
incerto uncertain law be invalid/void
simpliciter plainly, simply
sine die without day; without appointing a day
for continuation of a case
sine qua non the cause proper
societas universorum bonorum a universal partnership (agreement
i.t.o. which the parties agree to pool all
their existing & future property)
socius (pl. socii) criminis partner in crime; accomplice
specificatio a way of acquisition of ownership by
creating or making a thing
spes expectation [of a future right]
stare decisis to stand by decided matters
statim (stat.) immediately
stipulatio alteri contract for the benefit of another
(third) person
stante matrimonio [during] the existence of the marriage
stare decisis et non quieta it is best to keep to decisions and not
movere to disturb questions; put at rest
status quo the state in which it was (or is)
stet let it stand; not to be deleted
sub judice still pending; under consideration by a
court
sub nom under the name
subpoena a summons for compelling a witness
to attend court and give evidence
sub rosa privately
sub voce (s.v.) under the specified word
sui generis of its own kind or class; peculiar to
sui juris in her own right; legally competent to
manage one's own affairs
superficies solo cedit structures erected on land (buildings)
form part of that property
supra above

terminus ad quem finish

terminus a quo starting point
tertium quid a third something (literal); something
intermediate; in argument, a common
meeting ground
terra nullius land/territory belonging to no one
traditio delivery (of thing sold)
traditio brevi manu delivery with the short hand (form of
delivery where the merx already held
by acquirer)
traditio longa manu delivery with the long hand (form of
delivery by mere pointing out)
turpis immoral

uberrima fides utmost good faith

ubi jus, ibi remedium there is no wrong without a remedy
ubique everywhere
ubi supra (u.s.) in the place above mentioned
ultra vires beyond, or in excess of, (its) powers
uscapio prescription
universitas corporate body
universorum quae ex quaestu a partnership where the parties agree
veniunt to pool all property acquired during the
term of the partnership
uscapio prescription (a method of property
acquisition by mere possession)
usufruct usufruct (the right of the use and
enjoyment of property not one’s own)
usus use
ut res magis valeat quam pereat words must be construed so as to
support the validity rather than
negating it
utiles impensae useful expenditures on property which
increase its market value
but which are not essential for its
preservation
uxor wife

vacua possessio free, unburdened possession

verba fortius accipiuntur contra ambiguous wording is construed
proferentem against the party who introduc ed it or
who drew up the document
verbatim word for word; in exactly the same
words
verbi gratia (vg) for example
versus against
vexata quaestio a disputed question
via media middle way
vice versa conversely; the terms being changed
around
vide see
videlicet (vi) that is to say; namely
vide ut supra see what is stated above
vi et armis with force and arms; by force of arms
vinculum iuris a legal tie
virilis defensio spirited defence; proper and
competent defence
vis compulsiva compulsive force
vis maior/major irresistible force; act of God
voetstoots as it stands, with all its faults; used in
a sale to exclude liability for latent
defects
volenti non fit iniuria that to which one consents cannot be
considered an injury; what is done with
consent is not unlawful
volte face a change of front; an about-turn

For more comprehensive listings see:

Claassen - Dictionary of legal words and phrases 2nd ed. (DHR 340.03
CLAA) – Available on-line via LexisNexis Butterworths
Hiemstra and Gonin (eds) - Trilingual legal dictionary 3rd ed.(DHR 340.03
HIEM)

UCT Law Library

You may copy this glossary for non-commercial purposes, but must attribute the authorship of the UCT Law
Library.
November 2007