UCT Libraries
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
a fortiori
a posteriori
a priori
a quo
ab extra
ab initio (ab init.)
ab intestatio
ab intra
ab origine
abberatio ictus
accessio
accidentalia
actio conducti
actio de pauperie
actio empti (ex empto)
actio in personam
actio in rem
actio redhibitoria
on the other hand; in contrast
with stronger reason; more
conclusively; all the more so
from the latter; (reasoning) from effect
to cause
from the former; (reasoning) from
cause to effect
from which (the court a quo refers to
the court of first instance)
from without
from the start or inception
from an intestate (one dying without a
will)
from within
from the beginning
deflection of the blow (the perpetrator
strikes someone other than the person
intended)
addition; combining two things
belonging to different persons into a
single unit
non-essential agreed or implied terms
action by the lessee against the lessor
to enforce performance of the hiring
contract
action lying against the owner of an
animal for injury or damage caused by
the animal
action brought by the purchaser
against the seller to enforce
performance of the contract of sale or
to claim damages
personal action
real action; an action for the recovery
of a thing
an action for setting aside the contract
and for restitution
actus reus
ad corpus
addendum (pl. addenda)
ad hoc
ad hominem
ad idem
ad infinitum (ad inf)
ad litem
ad mensuram
ad quantitatem
ad sectam (ads)
ad valorem
aedilitian actions
aliter
aliunde
amicus curiae
animus
animus furandi
animus contrahendi
animus iniurandi
animus nocendi
animus possidendi
animus revocandi
animus testandi
animus vendendi
ante
auctoritas
audi alteram partem
au fait
autrefois acquit
an action element in a crime (as
opposed to a mental component)
by lump without measure
something to be added
for a special or particular purpose
pertaining to the person
being of the same mind; in agreement
to infinity
for the purpose of the law suit/case
by measure (eg per unit/item)
see ad mensuram [q.v.]
at the suit of
according to the value
these are the actio redhibitoria & actio
quanti minoris [q.v.]
otherwise; in a different way
extrinsic; from elsewhere
friend of the court (someone who
advises the court but is not counsel in
the cause)
intention; will; motive
the intention to steal
the intention of entering into a binding
agreement
intent to cause harm
the intention of harming or causing
damage
the intention of possessing as owner
the intention to revoke (a will)
the intention of making a will
the intention to sell
before; prior to
authority; power
hear the other side; principle meaning
both sides (to a dispute) must be
heard
acquainted with the facts; expert;
proficient
already acquitted
autrefois convict
already convicted
B
boedelskeiding
bona fide
bona vacantia
boni mores
brutum fulmen
the division of a joint estate
in good faith
goods without an apparent owner
the legal convictions of the community
empty threat
C
cadit quaestio
caput
casus belli
causa
causa causans
casus omissus
caveat
caveat emptor
caveat subscriptor
caveat venditor
certum
certus quando
ceteris paribus
circa
compos mentis
condicio ob turpen causam
conditio sine qua non
confer (cf.)
coram (cor.)
consensus
the question falls away; leaves no
further room for argument
chapter; heading
an act justifying war
cause or a basis for action; a reason
or consideration
the immediate cause
a contingency, matter or provision that
ought to have been inserted or
provided for in the law but was omitted
a warning or caution
let the buyer beware
let the signer (of a document) beware
let the seller beware
certainty
certain when
other things being equal
around or about (the time)
of sound mind
a remedy available to an innocent
party to recover his performance
(what he has given or paid)
condition without which not; a
necessary condition
compare
in the presence of
agreement; unanimity
consensus ad idem
consortium omnis vitae
constante matrimonio
contra
contra bonos mores
contra proferentem see verba
fortius...
contrectatio
contumelia
cui bono?
culpa lata
culpae capax
culpae incapax
cur ad vult see curia advisari vult
curator ad litem
curia advisari vult (cur ad vult)
meeting of the minds;
like-mindedness; being in agreement
physical, moral and spiritual
community of life [such as marriage]
during the subsistence of the marriage
against; opposing
contrary to good morals
taking control of a thing (an element of
theft)
insult or contempt
who benefits or gains? (from a crime)
gross negligence
accountable
not accountable
curator for the court case
the court wishes to consider; reserves
its judgment
D
de facto
de jure
de lege ferenda
de lege lata
de minimis non curat lex
de novo
delegatus non delegare potest
detentio
dictum (pl. dicta)
dictum et promissum
dies cedit
dies non
in fact; actual; existing
in point of law; by right
the law as it ought (ideally) to be
the law as it (actually) is or as it has
been made or passed
the law does not concern itself with
trifles
afresh
a delegate cannot herself delegate
effective or physical control
a remark, statement or saying
a seller’s material statement to the
buyer during negotiations concerning
the quality of the res vendita
the day when an obligation arises
a day on which the courts did not sit
dies venit
dignitas
diligens paterfamilias
doli capax
doli incapax
dolus
dolus directus
dolus malus
dominium
dominus
donatio
donatio inter vivos
donatio mortis causa
the day when an obligation is due or
payable
dignity
diligent/careful head of the family; the
reasonable man
capable of crime
incapable of crime
the intent to cause harm
the direct intent to do harm
bad faith
ownership
owner
gift; donation
donation made with intention that the
receiver should enjoy the benefit of the
gift while the donor is still alive
donation made in contemplation of the
death of the donor and conditional
thereon
E
eiusdem generis
emptio rei speratae
emptio spei
erga omnes
ergo
ergo post hoc
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
contract of sale for a thing not yet in
existence on condition that it
subsequently comes into existence in
contract condition
contract of sale for a thing not yet in
existence on the mere hope that it
may come to exist in the future
in relation to all
therefore
in logic, the fallacy of thinking that a
happening which follows another must
be its result
erratum (pl. errata)
error in corpore
error in negotio
error in persona
error in substantia
essentialia
et alia (et al)
et sequentes (et seq)
ex abundanti cautela
ex cathedra
ex curia
ex contractu
ex delictu
ex aequo et bono
exceptis excipiendis
exceptio non adimpleti contractus
exempli gratia (eg)
ex gratia
ex lege
ex mero motu
ex officio
ex parte
ex post facto
fault; error
mistake about the subject matter or
object of performance of the
agreement
mistake concerning the nature of the
juristic act entered into
mistake concerning the persons
between whom the obligation exists
mistake concerning important
attributes or qualities of the
agreed subject matter/object
things which are of the essence (of an
agreement)
and others
and subsequent (pages)
as an added precaution; from over
caution
from the chair with authority
out of court
arising from a contract
arising from a delict
according to what is equitable and just
excepting those (factors) which should
be excepted
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
for example
gratuitous; voluntary; out of kindness
(implying absence of legal right)
by virtue of the law
of his own free will
by right of office
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
from after the deed
expressio unius, exclusio alterius
expressis verbis
express mention of one thing excludes
the other
express words
F
facta probanda
facta probantia
fama
felo de se
ferae natura
fiat justitia, ruat caelum
fons et origo
fideicommissum
fideicommissarius
fideicommittens
fiduciarus
flagrante delicto
force majeure
forum rei
fructus
functus officio
furtum usus
the facts that need to be proved/ the
facts in dispute
the facts that provide the proof (of the
facta probanda)
good name
suicide
wild animals
let justice be done though the heavens
should fall
the source and origin
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
fideicommissary or (final) beneficiary
of a fideicommissum
person who (initially) transfers a
benefit to the fiduciarus (ie creator of a
fideicommissum)
fiduciary or (intermediate) beneficiary
of a fideicommissum
in the very act of committing the
offence
act of God
the court of the country in which the
subject of an action is situated
fruits; what is produced by a thing
(one who) having performed the
functions of his office is deprived of
further jurisdiction in a case
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
H
habeas corpus
that you have the body (a writ). See:
interdictum de homine libero
exhibendo (the Roman-Dutch law
equivalent)
I
ibidem (ibid; ib.)
Idem (id.)
ignorantia iuris non excusat
impensae utiles
impensae voluptuariae
in the same place
the same; identical
ignorance of the law excuses no one
useful expenses
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
in favourem vitae, libertatis et
innocentia omnia presumuntur
in flagrante delicto
infra (inf.)
in fraudem legis
iniuria
in limine
in loco
in loco citato (in loc. cit. /loc. cit.)
in loco parentis
in pari delicto potior est conditio
possidentis/defendentis
in pari materia
in personam
in propria persona
in re
in rem
in situ
in utero
instanter
inter
inter alia
inter alios
inter partes
interpellatio
inter se
inter vivos
interdictum de homine libero
exhibendo
interim
a child under the age of seven years
in favour of life, liberty and innocence
all possible presumptions are made
in the very act
below
so as to evade the law
injury to personal dignity; infringement
of personality rights
on the threshold; at the outset (of the
hearing)
in place; in the proper place
in the place cited
in the place of a parent
in cases of equal/mutual fault of
parties the one in possession (the
defendant) is in the stronger position
in an analogous case
applicable to a particular person or
against a particular person
in her own capacity
in the case of
applicable against the whole world
in its original position/situation
in the womb; unborn child
immediate
between
among other things
between other persons; between
persons who are strangers to the
matter in dispute
between the parties
demand (of payment); placing in mora
between themselves
between living persons
an interdict for bringing a person
before the court (the Roman-Dutch
equivalent of the English common law
writ of habeas corpus)
provisional; in the meanwhile
interpretation quae parit
absurdum, non est admittenda
intra
intra vires
in toto
invecta et illata
ipse dixit
ipsissima verba
ipso facto
ipso jure
iudex
iudicis est ius dicere non dare
ius accrescendi
ius cogens
ius commune
ius dispondendi
ius in personam
ius in rem
ius possidendi
ius retentionis
ius tollendi
iustus error
presumption that the legislature does
not intend absurd consequences
within
within (its) powers
the whole; entirely; altogether
things the tenant has brought onto the
premises
he himself said it; an unsupported
statement
the exact/identical words
by the very fact itself
by the law itself; through the operation
of law; legally
(a) judge
the role of a judge is to state or
interpret the law and not to make it
right of accrual
peremptory norm; international law
norms of such importance that no one
may violate them
common law
the right to dispose
personal right
right over a thing which can be
enforced against all others
the right to possess
the right of retention
right of a lessee to remove his useful
or luxury improvements
reasonable or excusable mistake
K
kinderbewys
kustingbrief
a bond to secure property for children
a mortgage bond
L
lacuna
gap or deficiency
laesio enormis docrine
laesae majestatis
lex commissoria
lex domicilli
lex fori
lex loci actus
lex loci celebrationis
lex loci contractus
lex loci delictus
lex loci rei sitae
lex loci solutionis
lex non scripta
lex situs
lis pendens
litis contestatio
locatio operarum
loc cit (loco citato)
locus
locus in quo
locus standi in judicio
lucidum intervallum
lucrum cessans
seller’s/buyer’s equitable relief against
a seriously prejudicial bargain
concluded in the absence of fraud or
misrepresentation by the other party
affront to the dignity of the head of
state
a forfeiture clause in a contract
conferring the power to cancel on
breach
law of domicile
law of the court in which the case is
heard
law of the place where the (legal) act
took place
law of the place where the marriage
was entered into
law of the place where the contract
was entered into
law of the place where the delict was
committed
law of the place where the thing is
situated
law of the place where the contract is
to be performed
the unwritten law (ie customary law)
law of the place where the thing is
situated
an action pending
close of pleadings; joining issue (in a
lawsuit)
a lease of services
in the passage previously mentioned
place
the place in which
the right to appear in person and be
heard in her own cause
lucid interval; period of sanity (of an
otherwise disturbed mind)
a benefit which is terminated
M
magnum opus
mala fides
manuscripta (MSS)
manuscriptum (MS)
mandamus
mens rea
mero moto
metus
merx
modus operandi
mora
mora ex re
mores
motu proprio
mutatis mutandis
mutuum
a great work
bad faith
manuscripts
manuscript
we demand (a writ)
criminal or wrongful intention
by itself; of its own accord
fear or threat
goods or merchandise (movable)
being sold
manner of working; procedure
default
default arising from the contract itself
manners; customs
of his own accord
subject to the necessary alterations [to
allow for the changed circumstances]
a loan for consumption; loan of
fungibles (consumables)
N
nasciturus
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
unborn child/fetus
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
nisi
nolens volens
nolle prosequi
nomine officio (abbrev. N.O.)
nominibus officii (abbrev. NNO)
non est factum
non seqitur
noscitur a sociis
nota bene (NB)
novus actus interveniens
nulla bona
nulla poena sine lege
numerus clausus
nunc pro tunc
nothing
unless (decree nisi is a provisional
order/decree to be made absolute
later unless good cause is shown to
the contrary)
willing/consenting or not
do not prosecute; formal entry on
record of intent not to continue
prosecution
appointed official; in official capacity
appointed officials; in [their] official
capacity
it is not his deed
it does not (logically) follow
it is known from its associates (ie the
meaning of a word is determined from
its context)
note well; important
intervention of a fresh act or cause
no goods
no punishment without a law
restricted number
now for then
O
ob turpis causam
obiter dictum (pl. dicta)
onus
onus probandi
opera citandi (op cit.)
for an immoral purpose or from an
immoral cause
a statement made by the way/in
passing (ie a non binding observation
on a legal issue by a judge)
duty; burden
burden of proof
the work cited
P
pacta sunt servanda
obligations must be fulfilled; promises
must be kept
pactum de contrahendo
pactum in favorem tertii
pactum successorium
pari passu
partim
passim
pater est quem nuptiae
demonstrant
paterfamilias
pecunia
pecunia non numerata
pecunia numerata
pendente lite
per annum
per capita
per contra
per curiam
per diem
per incuriam
per mensem
per se
persona non grata
per stirpes
perduellio
perfecta
persona standi in iudicio
peregrinus
permutatio
pignus
plus valet quod agitur quam quod
simulate concipitur
post
postea
an agreement to make a contract in
the future
an agreement in favour of a third
person
contract inhibiting freedom of testation
by promising to bequeath/or not to
bequeath property to another
equally; without preference
in part
scattered; in various places
the father is he whom the marriage
points out (assumption of paternity)
head of the family
money
money unpaid
money due and paid
pending the outcome of the litigation
by the year
for each person
on the contrary
in the court’s opinion
by the day
because of carelessness or oversight
by the month
by itself; taken alone
an unacceptable person
by stocks (ie branches of decent)
treason
complete; meeting all the
requirements necessary (for a sale)
capacity to sue or be a party to an
action
a foreigner (non-citizen)
exchange
pledge
the true intention or deed counts for
more than a pretended/simulated one
after
afterwards; at a later date
post hoc
post mortem
postscripta (P.SS)
postscriptum (P.S)
potestas
pretium
prima facie
pro deo
pro non scripto
pro bono
proferens
pro forma
pro rata
pro se
pro tanto
pro tempore
proxy
after this; therefore; because of this
after death
postscripts
postscript
power; authority
purchase price
at first sight; on the face of it
for God (refers to the defence at the
expense of the state of an indigent
accused)
as not written
for free/without payment
the party to a contract who is the
author of its wording
as a matter of form
in proportion
self representation without legal
counsel
to the extent that
for the time being
a person authorised to do something
for someone else; the authority by
which one person acts on behalf of
another
Q
qua
quaere
quantum
quantum meruit
quasi
quid pro quo
qui prior est tempore potior est
iure
quod hoc
quod vide (q.v.)
as; in the capacity of
questionable or doubtful
quantity or amount
the amount of enrichment
as if
something for something;
consideration
first in time is stronger in right
to this extent
which see (ie a cross reference to
something/somewhere else)
R
ratio decidendi
rebus sic stantibus
reductio ad adsurdum
regina (R)
rei veritas
rei vindicatio
res
res alicuius
res aliena
res communes
res communis omnium/res
omnium communes
res derelicta; (pl. res derelictae)
res gestae
res furtivae
res ipsa loquitur
res iudicata/judicata
res litigiosa
res nullius
respondeat superior
res publicae
res sic stantibus
res sua
res sua nemini servit
res vendita
rex (R)
finding of law producing a general
legal rule that the court applies to the
facts of the case (binding)
as long as circumstances remain as
they are
reducing (a proposition) to the absurd;
demonstrating by analogy that a
proposition is ridiculous
the queen (the crown)
truth of the matter
the legal remedy of an owner to
vindicate his property from whoever
possesses it
thing
things owned by a person
thing belonging to another
things that belong to all
common to all but belonging to no one
thing not owned but capable of being
owned; discarded or abandoned
property
things done (and words spoken); the
transaction
stolen goods
the facts speak for themselves
a matter already adjudicated on
disputed property
ownerless property; an unowned thing
let the master answer (for the servant)
things belonging to the public at large
things remain the same
a person’s own property
no one can hold a servitude over her
own property
the thing sold
the king (the crown)
rixa
rouwkoop (rougeld)
a fight; physical altercation
a sum paid or forfeited in order to get
rid of a bad bargain
S
salva rerum substantia
scilicet
scintilla
secundum aequum et bonum
seditio
semble
senatus consultum (S.C.)
seriatim
sic
si irritum sit in jure dubio et
incerto
simpliciter
sine die
sine qua non
societas universorum bonorum
socius (pl. socii) criminis
specificatio
spes
stare decisis
statim (stat.)
stipulatio alteri
stante matrimonio
stare decisis et non quieta
movere
status quo
stet
without impairing the substance
namely (in law)
a spark; a trace
according to what is equitable and
right
sedition
apparently; it seems
decree of the senate
one after the other in order; point by
point
so
let what has taken place by doubtful or
uncertain law be invalid/void
plainly, simply
without day; without appointing a day
for continuation of a case
the cause proper
a universal partnership (agreement
i.t.o. which the parties agree to pool all
their existing & future property)
partner in crime; accomplice
a way of acquisition of ownership by
creating or making a thing
expectation [of a future right]
to stand by decided matters
immediately
contract for the benefit of another
(third) person
[during] the existence of the marriage
it is best to keep to decisions and not
to disturb questions; put at rest
the state in which it was (or is)
let it stand; not to be deleted
sub judice
sub nom
subpoena
sub rosa
sub voce (s.v.)
sui generis
sui juris
superficies solo cedit
supra
still pending; under consideration by a
court
under the name
a summons for compelling a witness
to attend court and give evidence
privately
under the specified word
of its own kind or class; peculiar to
in her own right; legally competent to
manage one's own affairs
structures erected on land (buildings)
form part of that property
above
T
terminus ad quem
terminus a quo
tertium quid
terra nullius
traditio
traditio brevi manu
traditio longa manu
turpis
finish
starting point
a third something (literal); something
intermediate; in argument, a common
meeting ground
land/territory belonging to no one
delivery (of thing sold)
delivery with the short hand (form of
delivery where the merx already held
by acquirer)
delivery with the long hand (form of
delivery by mere pointing out)
immoral
U
uberrima fides
ubi jus, ibi remedium
ubique
ubi supra (u.s.)
ultra vires
uscapio
universitas
utmost good faith
there is no wrong without a remedy
everywhere
in the place above mentioned
beyond, or in excess of, (its) powers
prescription
corporate body
universorum quae ex quaestu
veniunt
uscapio
usufruct
usus
ut res magis valeat quam pereat
utiles impensae
uxor
a partnership where the parties agree
to pool all property acquired during the
term of the partnership
prescription (a method of property
acquisition by mere possession)
usufruct (the right of the use and
enjoyment of property not one’s own)
use
words must be construed so as to
support the validity rather than
negating it
useful expenditures on property which
increase its market value
but which are not essential for its
preservation
wife
V
vacua possessio
verba fortius accipiuntur contra
proferentem
verbatim
verbi gratia (vg)
versus
vexata quaestio
via media
vice versa
vide
videlicet (vi)
vide ut supra
vi et armis
vinculum iuris
virilis defensio
vis compulsiva
free, unburdened possession
ambiguous wording is construed
against the party who introduc ed it or
who drew up the document
word for word; in exactly the same
words
for example
against
a disputed question
middle way
conversely; the terms being changed
around
see
that is to say; namely
see what is stated above
with force and arms; by force of arms
a legal tie
spirited defence; proper and
competent defence
compulsive force
vis maior/major
voetstoots
volenti non fit iniuria
volte face
irresistible force; act of God
as it stands, with all its faults; used in
a sale to exclude liability for latent
defects
that to which one consents cannot be
considered an injury; what is done with
consent is not unlawful
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