Important Legal Terms for Law Entrances

Legal writing and drafting involve creating various types of legal documents, court pleadings, laws and correspondence using specific characteristics and technical language. Some of the key characteristics of legal writing and drafting are:

• Technical Terminology: Legal writing uses specialised vocabulary and terminology that has precise legal meanings. For example, terms like “waiver,” “restraint of trade,” and “res judicata” have specific legal significance.
• Use of French and Latin: Legal writing often incorporates words and phrases derived from French and Latin. Examples include “force majeure,” “abeyance,” and “estoppel.”
• Ordinary Words in Peculiar Context: Legal writing sometimes uses everyday words in a unique legal context. For instance, the term “consideration” in contract law refers to something of value exchanged between parties.
• Doublets and Triplets: Legal language occasionally employs doublets and triplets, where similar words are used together for emphasis or clarification. Examples include “null and void,” “perform and discharge,” and “dispute, controversy and claim.”
• -er, -or and -ee Name Endings: Legal documents frequently use suffixes like -er, -or and -ee to distinguish roles and relationships between parties. For instance, “employer and employee,” “bailor and bailee,” and “lessor and lessee.”
• Extensive Use of French and Latin: Legal writing often draws heavily from French and Latin for precision and historical reasons, as many legal concepts and terms originated from these languages.

The use of these characteristics in legal writing ensures precision, clarity and consistency in the interpretation of legal documents, promoting a shared understanding among legal professionals and stakeholders.

Important Legal Terms for Law Entrances

• Actus Reus: The guilty action or conduct that is the basis of the accusation.
• Ad Colligenda Bona: A temporary order to manage a deceased person’s estate when it’s perishable.
• Ad Hoc: Done for a specific purpose or to address a particular issue.
• Ad Idem: When two parties agree on the same point.
• Amicus Curiae: A neutral person who gives an independent viewpoint to the court without representing any party.
• Ante: Before; refers to an earlier passage in the text.
• Ad Infinitum: Without limit; describes something seemingly endless.
• Bona Fide: In good faith; an agreement made genuinely without fraud.
• Bona Vacantia: Indicates that no known person is entitled to a deceased person’s estate.
• Caveat: A warning or notice that restricts another party’s actions without prior notification.
• Compos Mentis: Of sound mind; legally capable of conducting legal proceedings.
• De Facto: In fact; as a matter of reality.
• De Jure: By right; based on the law.
• Exempli Gratia: Used to give an example to explain a statement.
• Ex Gratia: As a favor; a payment made without accepting blame or liability.
• Ex Officio: By virtue of the position or office held.
• Ex Parte: By or for one party; without notifying the other party.
• Ex Post Facto: After the fact; having a retrospective effect.
• Forum Conveniens: A court with appropriate jurisdiction in a particular case.
• Functus Officio: Having fulfilled one’s duty; cannot take further action due to regulations.
• Habeas Corpus: A writ to produce a person held in custody before the court.
• Ignorantia Juris non excusat: Ignorance of the law is not an excuse for committing an offense.
• In Camera: In private; a case heard without public reporting.
• In Curia: In open court; a case heard publicly.
• Inter Alia: Among other things; indicates that the details provided are just part of a larger set.
• In Situ: In its original location or situation.
• Intra Vires: Within the power of; within the court’s jurisdiction.
• Ipso Facto: By the fact itself; a reliance on proven facts.
• Mens Rea: Guilty mind; the intention to commit a wrongful act.
• Non Compos Mentis: Not of sound mind; unfit to participate in legal proceedings.
• Obiter Dictum: A passing remark by a judge on a legal point, not part of the evidence or judgment.
• Prima Facie: At first sight; evidence sufficient to prove a case unless disproven.
• Pro Rata: In proportion; distributed according to the amount invested.
• Per Capita: Per person; for each individual.
• Pro Tempore (Pro Tem): Temporarily; for the time being.
• Quasi: As if; when someone performs duties similar to a judge.
• Ratio Decidendi: The principles of law used as the basis for a court’s decision.
• Res Judicata: A matter already decided by a court cannot be raised again by the same parties.
• Res Ipsa Loquitur: The thing speaks for itself; obvious negligence doesn’t require further proof.
• Sine Die: Without a day; an open-ended adjournment of a hearing.
• Sub Judice: Under consideration during a trial; details cannot be disclosed.
• Subpoena ad Testificum: A writ to compel someone to give evidence in court.
• Ultra Vires: Beyond the legal power or jurisdiction of the court.
• Videlicet (Viz): Namely; used to give examples in the text.