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Law is order, and good
law is good order.
R LEGAL APTITUDE BOOKLET # 01
LEGAL TERMINOLOGY, MAXIMS AND BROCARDS Legal terminology, Maxims and Brocards is an important topic for all law school entrance exams and forms the basis
for numerous questions. On an average, there are at least 3-5 questions from this topic.
Though the number of direct questions may vary from year to year and test to test, many of the principles are used
for constructing legal problems (Principle and Fact questions) in these tests. Therefore, a thorough understanding
of these legal terms is a must. Do couple your sincere reading of this booklet with classroom notes given.
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IC : PTtklla01
(1) of (20) MAXIM
Legal Maxim: A Legal Maxim is an established principle or proposition. A principle of law universally
admitted as being a correct statement of the law, or as agreeable to natural reason. Maxims in law are
somewhat like axioms in geometry.
They are principles and authorities, and part of the general customs or common law of the land; and
are of the same strength as acts of parliament, when the judges have determined what is a maxim;
which belongs to the judges and not the jury. Maxims of the law are holden for law, and all other
cases that may be applied to them shall be taken for granted. The application of the maxim to the
case before the court is generally the only difficulty. The true method of making the application is to
ascertain how the maxim arose, and to consider whether the case to which it is applied is of the same
character, or whether it is an exception to an apparently general rule. The alterations of any of the
maxims of the common law are dangerous.
For example : ubi jus ibi remediam
When seeking an equitable relief, the one that has been wronged has the stronger hand. The stronger
hand is the one that has the capacity to ask for a legal remedy (judicial relief ). In equity, this form
of remedy is usually one of specific performance or an injunction (injunctive relief ). These are
superior remedies to those administered at common law such as damages.
BROCARD
Brocard is a Legal principle expressed in Latin (and often derived from past legal authorities or
Roman law) which is traditionally used to express concisely a wider legal concept or rule.
For example : Nemo dat quod non habet
The basic rule that a person who does not own property (e.g. a thief) cannot confer it on another
except with the true owner's authority (i.e. as his agent). Exceptions to this rule include sales under
statutory powers and cases in which the doctrine of estoppel prevents the true owner from denying
the authority of the seller to sell.
(2) of (20) IC : PTtklla01
LEGAL TERMINOLOGY, MAXIMS AND BROCARDS
A ab extra : from without; from outside: Ad quod damnum : According to the harm; appropriate to the harm; a measure of damage inflicted, and implying a remedy if one exists that ought to correspond specifically and only to the damage suffered. For example: 1 . Concerning a case, a person may have received some information from a third party 2 . The assistance may have been considered ab extra affidavit : declaration upon oath; a formal sworn statement of fact alter ego : the other ab initio : = from the beginning a mensa et thoro : divorce a mensa et thoro; divorce from actus reus : guilty act; the objective element of a crime; the external element of a crime actus non facit reum nisi mens sit rea : the act does not make a person guilty unless the mind is also guilty ad coelum/cuius est solum, eius est usque ad caelum et ad inferos : for whoever owns the soil, it is theirs up to Heaven and down to Hell bed­and­board; a de facto separation while remaining legally married amicus curiae/amici curiae : friend of the court/friends of the court animus nocendi : animus­mind, noceo­to harm: the subjective state of mind of the author of a crime, ante : before For ex. Reverting to the situation ante­bellum ad colligenda bona : to collect the goods arguendo : for the sake of argument ad damnum : According to the harm; appropriate to the harm; a measure of damage inflicted, and implying a remedy if one exists that ought to correspond specifically and only to the damage suffered. a posteriori : after the fact; (logic) Involving deduction of theories from facts. a priori : known ahead of time ad hoc : for this (purpose); composed or designed for a particular purpose only argumentum a fortiori : even more so; from the stronger; with even stronger reason. ad hominen : argument against the man; argument to the man: also see argumentum ad hominem For example: 1 . If it is illegal to steal one apple then it is also illegal to steal ten apples (from smaller to bigger, a minore ad maius): 2 . If you can drink ten sodas then it follows that you can drink five (from bigger to smaller, a maiore ad minus). ad idem/consensus ad idem : mutual assent; of the same mind; meeting of the minds: the situation where there is a common understanding in the formation of the contract ad infinitum : to infinity; continue forever; without limit argumentum ad hominem : argument against the man; ad litem : for the suit; a party appointed by a court to act in a lawsuit on behalf of another party argument to the man; attacking the person; replying to an argument or factual claim by attacking or appealing to a characteristic or belief of the source making the argument or claim, rather than by addressing the substance of the argument or producing evidence against the claim administrator de bonis non cum testamento annexo : administrator of goods not administered with the will annexed audi alteram partem : hear the other side ad nauseam : repeated continuously or continuing to the point of boredom IC : PTtklla01 (3) of (20) B bona fide/bona fides : good faith; in good faith; A Bona Fide agreement is one entered into without attempt to fraud; It is a state in which the person is cognatively and morally committed to do the right thing. Opposite: mala fide/mala fides = bad faith; in bad faith. bona vacantia : vacant goods : Indicates the absence of any confer : bring together consuetudo est altera lex : custom is another law consuetudo pro lege servatur : custom is kept before the law consuetudo vincit communem legem : custom overrules the common law known person entitled to the estate of a deceased person C cadit quaestio : the question falls; is a legal term used to contra : against contradictio in terminus : contradiction in terms indicate that a settlement to a dispute or issue has been reached, and is now resolved contra bonos mores : against good morals casus belli : act of war; cause for war contradictio in adjecto : contradiction in terms; contradiction in itself c.a.v. : the court wishes to be advised: abbreviation for curia advisari vult contra legem : against the law caveat : beware; take care; let him beware: An entry in the contra proferentem : against the one bringing forth; (court) records that effectively prevents action by another party without first notifying the party entering the Caveat cor (coram) : In the presence of caveat emptor : let the buyer beware coram Deo : in the Presence of God caveat lector : let the reader beware coram non judice : not in the presence of a judge; a legal caveat venditor : let the seller beware proceeding without a judge; with improper venue; without jurisdiction. certiorari : to be shown: an action of certiorari was suggested in terms of reviewing a case coram populo : in the presence of the people; openly curator ad litem : a party appointed by a court to act in a ceteris paribus : with other things the same; all other things being equal circa; c. : around; approximately clausula rebus sic stantibus : things thus standing : the legal doctrine allowing for treaties compos mentis : of sound mind: Legally capable to conduct or defend proceedings: non compos mentis = not of sound mind lawsuit on behalf of another party; legal representatives who are appointed by court when the court believes that the person lacks the mental capacity to make decisions for themselves. corpus : body corpus delicti : body of the offence Corpus Juris Canonici : Body of Canon Law Corpus Jurus Civilus : Body of Civil Law concensus facit legem : agreement makes the law; permission makes the law; consent makes the law conditio sine qua non : a condition without which it could not be or without which there is nothing. Corpus Juris Secundum : C.J.S; an encyclopedia of U.S. law: Complete Restatement Of The Entire American Law As Developed By All Reported Cases (1936­ ) corpus vile : worthless body contra ius commune : against common law corrigenda : things to be corrected
contra ius gentium : against the law of nations (4) of (20) IC : PTtklla01 corruptio optimi pessima : the corruption of the best is the worst cur. adv. vult : the court wishes to be advised: abbreviation for curia advisari vult corruptus in extremis : corrupt to the extreme curriculum vitae : course of life corruptissima re publica plurimae leges : When the republic is at its most corrupt the laws are most numerous custodia legis : in the custody of law custos morum : keeper of morals; a censor Credo in Unum Deum : I Believe in One God cygnus inter anates : swan among ducks crimen laesae maiestatis : the crime of injured majesty, D an offense against an authority, someone's dignity or against a sacred custom cucullus non facit monachum : The hood does not make the monk cui bono : Good for whom? cui prodest/cui prodest scelus is fecit : for whom it advances/for whom the crime advances, he has done it cuius est solum eius est usque ad coelum et ad inferos : Whose the land is, all the way to the sky and to the underworld is his; For whosoever owns the soil, it is theirs up to the sky and down to the depths cuius regio, eius religio : whose region, his religion: the religion of the king of the region is the religion of the people da mihi factum, dabo tibi ius : give me the fact, I will give you the law damnatio memoriae : damnation of memory: a custom in which disgraced Romans were pretended to have never existed damnum absque injuria : damage without injury: one is not responsible for unintended, consequential injury to another resulting from a lawful act, excluding unintended damage by negligence or foolishness. data venia : with due respect; given the excuse de bonis asportatis : carrying goods away: the traditional name for larceny de bonis non administratis : of goods not administered: An cuiusvis hominis est errare, nullius nisi insipientis in errore perseverare : Anyone can err, but only the fool persists in his fault: Marcus Tullius Cicero, Philippica XII, ii, 5. appointed person who administer an estate following the death of the original administrator de facto : concerning fact; In fact; As a matter of fact; in practice culpa : guilt; blame; mistake cum gladiis et fustibus : with swords and clubs cum gladio et sale : with sword and salt but not necessarily ordained by law; in practice or actuality, but without being officially established; The de facto standard is a formal or informal standard that has a dominant position by cultural acceptance, market dominance, tradition or enforcement. defalcation : embezzlement; bad acts that changes a particular debt so it cannot be discharged in bankruptcy cum grano salis : with a grain of salt de fideli : with faithfulness cum hoc ergo prompter hoc : with this, therefore on account of this: correlation does not imply causation de futuro : regarding the future cum laude : with praise de integrow : again, a second time cum mortuis in lingua mortua : with the dead in a dead language de jure : By right; concerning law; in principle cura personalis : care for the whole person de lege ferenda : from law to be passed; what the law should b e cura te ipsum : take care of your own self; take care of yourself first de lege lata : from law passed; by law in force; the law as it exists
curia advisari vult : the court wishes to be advised IC : PTtklla01 (5) of (20) de minimis non curat praetor : The commander does not bother with the smallest things. de mortuis aut bene aut nihil : about the dead, either well or nothing et ux : and wife Exempli Gratia (eg) : For example: Used when explaining a statement through a relevant example ex gratia : from grace; from kindness: (without legal obligation) de mortuis nil nisi bonum/de mortuis nil nisi bonum dicendum est : no one can speak ill of the dead; let nothing be said of the dead but what is good; of the dead, speak no evil de nobis fabula narratur : about us is the story told de novo : afresh; anew; beginning again ex libris : from the library; from the books ex officio : by right of office; from the office Ex Parte : by a party: An ex parte application is when an apllpication is made to the Court during proceedings by one party in the absence of another or without notifying the other party dictum/dicta (plural) : is a statement of opinion or belief considered authoritative because of the dignity of the person making it Ex Post Facto : by a subsequent act: Something that occurs dictum probium : A personal or individual dictum that is given F by the judge who delivers an opinion but that is not necessarily concurred in by the whole court and is not essential to the disposition gratus dictum : an assertion that a person makes without being obligated to do so, or also a court's discussion of points or questions not raised by the record or its suggestion of rules not applicable in the case at bar judicial dictum : an opinion by a court on a question that is directly involved, briefed, and argued by counsel, and even passed on by the court, but that is not essential to the decision obiter dictum : something said in passing: a comment made while delivering a judicial opinion, but it is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive) simplex dictum : an unproved or dogmatic statement doli incapax : Incapable of deceit; Incapable of crime: conclusive presumption or irrebuttable presumption: in English law it is a presumption of law that cannot be rebutted by evidence and must be taken to be the case whatever the evidence to the contrary after the event but also have a retrospective effect factum : an act; a deed felo de se : felon of himself; suicide: an adult who committed suicide was considered a felon. The crime was punishable by forfeiture of property to the king. The felon would get a shameful buria ferae naturae : wild animals of nature: unowned property: English property law and English tort law case about rights to wild animals; Keeble v Hickeringill, 11 East 574, 103 Eng. Rep. 1127 OR 3 Salk. 9 (as Keeble v Hickeringhall) Queen's Bench, 1707: American law; Pierson v. Post (3 Cai. R. 175, 2 Am. Dec. 264) (Supreme Court of New York 1805) fiat justitia ruat caelum : do justice, let the sky fall: justice should be done regardless of the consequences fiduciary : trustee: also fiduciary duty; someone who acts for and on behalf of another person in a particular matter in circumstances which give rise to a relationship of trust and confidence: A fiduciary (fid) is expected to be highly loyal to the person (principal) to whom he owes the duty: he should not put his personal interests before the duty, and he should not profit from his position as a fiduciary, unless the principal consents (however the question remains; when can a principal consent?) dolus specialis : special intent; specific intent fides : faith duces tecum : Bring with you: Order to produce document to court: see subpoena duces tecum E ergo : therefore erratum : error; mistake: errata (plural); errors; mistakes fiducia : trust fieri facias : that you cause to be made: a writ of execution after judgment obtained in a legal action for debt or damages caused by a person/party flagrante delicto : in the progressing offence or misdeed: caught in the act of committing an offence: caught red­handed et cetera; etc : and so on; and more; and the rest Forum Conveniens : At a convenient place: The Court have jurisdiction in a particular case
(6) of (20) IC : PTtklla01 forum non conveniens : inappropriate forum: when a court refuse to hear a case that has been brought before it person: an "admiralty action" in personam would be issued against the owner of a ship fructus naturales : plants and trees which grow naturally without cultivation In Re : In the matter of: Concerning...........: A heading in legal documents which introduces the title of the matter or proceedings functus officio : having performed his office; having discharged In situ : in its original place duty: an official institution, statute or government office that has no more legal authority because his or its duties and functions have been completed: A person in a judicial or official position prevented from taking a matter or case further because of limitation by certain regulations
inter alia : among other things: The details given are only an extract from the whole G gravamen : the essential element of a lawsuit Intra : Within intra vires : within the powers; within the power of: An act that falls within the jurisdiction of the Court: Opposite: ultra vires = beyond the powers guardian ad litem : legal guardian H in vitro : taking place outside a living organism: in vitro fertilization habeas corpus : You (shall) have the body; Produce the body: Ipso Facto : By the fact: The dependance upon facts that together prove a point a court order instructing that a person under arrest be brought before a judge; A document or instruction which directs a person to produce someone held in custody before the court; legal action to seek relief from unlawful detention. It is a legal instrument to protect the individual against arbitrary state action ius/jus : justice ius ad bellum / jus ad bellum : justice to war; just war hostis humani generis : enemy of mankind I ius civile / jus civile : civil law ius cogens/jus cogens : compelling law: it is a fundamental Ibid : In the same place: Used in a document or text to refer to a page previously mentioned principle of international law which is accepted by the international community of states as a norm from which no derogation Id Est (ie) : That is to say: Used with an explanation: Used as a description to explain a statement ius commune/jus commune : common law in limine : at the threshold Ignorantia Juris non excusat : Ignorance of the law is no excuse: When committing an offence guilty parties cannot use as a defence the fact that they did not know that they were breaking the law In Camera : In the chamber: The hearing of a case in private with selected participans, without the facts being reported to the public: Often used when minors or rape victims are involved J jurat/jurare : he swears/to swear jus/ius : justice jus ad bellum/ius ad bellum : justice to War; just war In Curia : In open court: The hearing of a case before an open public court: The hearing of a case before a court sitting in public In flagrante delicto : in the progressing offence or misdeed: caught in the act of committing an offence: caught red­handed jus civile : civil law; also ius civile jus cogens/ius cogens : compelling law: it is a fundamental principle of international law which is accepted by the international community of states as a norm from which no derogation in limine : at the threshold Jus commune/ius commune : common law
in loco parentis : in the place of a parent In Personam : Against the person: Proceedings issued against a specific person: Proceedings issued with reference to a specific IC : PTtklla01 (7) of (20) L novus actus interveniens : Newly intervening act: a principle in criminal law; an act that breaks the chain of causation locus delicti or lex loci delicti commissi : law of the place where the tort was committed Nulla Bona : No effects: The defendant has no goods of any Locus in quo : The place in which: may be used as reference to value to remove; usually a notice of a sheriff to a High Court writ of execution indicating that the defendant possesses nothing of value that can be removed O subject matter during proceedings i.e. the scene of accident M magna carta or Magna Carta Libertatum: The great charter; Great Charter of Freedoms, imposed upon the King of England by his barons, in 1215 magnum opus / plural magna opera : a great work; great work mala fide /mala fides : bad faith; in bad faith. malum in se : wrong or evil in itself malum prohibitum / plural mala prohibita : wrong (as or because) prohibited mandamus : we command obiter dictum (singular) or obiter dicta (plural) : said by the way. A remark or observation made by a judge that, although included in the body of the court's opinion, does not form a necessary part of the court's decision: Words said/mentioned in passing by a Judge on a legal point however not constituting part of the evidence or judgment onus probandi : burden of proof opinio juris : an opinion of law opinio juris sive necessitatis : an opinion of law or necessity P pacta sunt servanda : promises must be kept per : for each; As stated by mare clausum : closed sea per annum; p.a. : for each year mare liberum : the free sea; the freedom of the sea per capita : for each head; for each person; By heads: eg the cost is $20 per capita ­ $20 each person mea culpa : my fault, or my own fault mea maxima culpa : my big mistake; my most grievous fault Per Pro (p p) : Fo r an othe r/t hrou gh anot her: A pers on delegated/ordered to act for another mens rea : guilty mind: The intention to commit an offence whilst knowing it to be wrong or against the law per se : intrinsically; in itself/by itself; in themselves: Indicating that the topic should be taken alone motion in limine : at the threshold persona non grata : person not allowed; unacceptable person; unwelcome person mutatis mutandis : with those things having been changed which need to be changed; the necessary changes having been made N Non Compos Mentis : Not sound in mind: A person proven/ classed as unfit to conduct or defend legal proceedings Non Est Factum : It is not (my) deed Post : After: after something; to refer to something to be found further on in time or place post­mortem : after death; examination of a body after death; autopsy Prima Facie : First sight: Prima Facie evidence would be considered enough/sufficient to prove a case unless disproved or rejected; if no Prima Facie evidence can be shown or offered, there is no case to answer/continue Nota Bene (nb) : Note well: An abbreviation denoting/indicating that the reader of an article or writing should make a specific note of the article/writing mentioned (8) of (20) pro bono or pro bono publico : for the public good; The term is generally used to describe legal representation undertaken voluntarily and without payment as a public service. Pro bono service uses the specific skills of professionals to provide services to those who are unable to afford them.
IC : PTtklla01 Pro Forma : As per form; A matter of form: Pro Forma procedure is performed following an agreed manner; Pro Forma procedure is executed subject to a prescribed set of rules pro rata : proportional; In proportion: The investor will receive his dividend Pro Rata to his investment Pro Tempore (Pro Tem) : Temporarily; For the time being Q quaere : inquire; query res publica : public issue; public matter re s publ ica chri st ia na : t he wo r ld w id e co m mu n it y o f Christianity respondeat superior : let the master answer estitutio in integrum : restoration to original condition S Semble : It appears quantum meruit : as much as he has deserved; reasonable value of services quasi : as if: A person exercising powers similar to those of a judge is sitting in a Quasi­Judicial capacity quid pro quo : something for something; a favour given or expected in return for something; tit for tat Sine Die : Without a day: A hearing adjourned sine die stands open indefinitely without a further hearing having been decided on sine qua non : a condition without which it could not be or without which there is nothing; essential condition; something that is absolutely necessary status quo : the existing state of affairs qui tam/qui tam pro domino rege quam pro se ipso in hac parte sequitur : he who sues in this matter for the king as well as for himself qui facit per alium facit per se : the one who acts through another, acts in his or her own interests Sub Judice : In the cours e of tria l: T he c ase i s un der consideration. Proceedings are sub­judice and details cannot be released subpoena : a written command/order to a person to testify before a court or be punished quo warranto : by what warrant? R Subpoena ad Testificum : To produce evidence: A document directed to a person commanding him or her, under a threat of penalty, to appear before a Court and give evidence ra tio decidendi/ rati one s de cid endi : t he r ea so n/ th e reasons; the rationale for the decision; the point in a case which determines the judgment; the principle which the case establishes; The principles of law applied by a Court upon which judicial decisions are based subpoena duces tecum : bring with you under penalty of punishment supra : beyond; over; more than; in charge of, in authority ratio scripta : written reason over; on top; more; above; before; formerly T re : about; regarding; concerning tabula rasa : blank slate; plank paper; blank mind rebus sic stantibus/clausula rebus sic stantibus : things thus standing res gestae : things done terra firma : dry land; ground as opposed to the air or sea terra nullius : nobody's land; no­mans land; empty land; land belonging to no one; also see res nullius. res ipsa loquitur : the thing itself speaks; the thing speaks for itself: Because of the obvious negligence of the defendant, the onus of proof would not be on the plaintiff res iudicata/res judicata : a matter already judged; A thing ajudged: Once a case has been finally decided upon by a Court the decision stands, the same parties cannot attempt to raise the issue again, by or during further proceedings trail do novo : a new trail U ultra vires : beyond the powers: An act that falls outside or beyond the jurisdiction of the court: Opposite: intra vires = within the powers.
res nullius : nobody's thing IC : PTtklla01 (9) of (20) uberrima fides/fidei : utmost good faith; most abundant faith Some more useful Latin phrases and terms : A uno flatu : in one breath. Used in criticism of inconsistent pleadings, ie. "one cannot argue uno flatu both that the person is dead and also that he is responsible for wrong actions a fortiori : with yet stronger reason unus multorum : one of many; an average person a posse ad esse : from possibility to actuality uti possidetis : as you possess a posteriori : derived by reasoning from observed facts uxor (ux) : wife; et ux = and wife a priori : from what was before V ab incunablis : from the origin vel non : or not ab initio : from the beginning vera cause : true cause ab intra : from within verbatim : in exactly the same words ab urbe condita (AUC) : from the founding of the city (Rome in 753 BC) versus; vs.; v. : against ad absurdum : to the point of absurdity veto : I forbid ad eundem : to the same level vice versa : the other way around ad eundem gradum : to the same level vide infra (v.i.) : see below ad hoc : for this special purpose videlicet : namely; that is to say; as follows: Used in text to show examples ad hominem : denoting an argument made personally against videre licet : it is permitted to see an opponent, rather than logically against an issue (literally, "to the person") vide supra (v.s.) : see above ad idem : of the same mind Vigilantibus non dormientibus aequitas subvenit : equity ad infinitum : without limit aids the vigilant, not the negligent; equity aids the vigilant, not the negligent who sleep on their rights. vis major : an act of God; a superior force viz. : namely; that is to say; as follows volenti non fit injuria : no injury is done to a person who consents; to a willing person, no injury is done. ~ ad libitum : according to pleasure ad litem : for the suit ad locum (ad loc.) : at the place ad nauseam : to a disgusting extent ad valorem : according to value addenda : things to be added advocatus diaboli : devil's advocate affidavit : a sworn written statement usable as evidence in court
(10) of (20) IC : PTtklla01 agenda : things to be done (used especially for a list of items to be discussed at a meeting) carpe diem : seize the day casus belli : the circumstances justifying war alea iacta est : the die is cast (Caesar) cave canem : beware of the dog alma mater : one's old school or university caveat emptor : let the buyer beware alter ego : other self caveat lector : let the reader beware amicus curiae : friend of the court caveat venditor : let the seller beware amicus omnibus, amicus nemini : a friend to all is a friend to none anno domini (AD) : in the year of the Lord annus horribilis : a terrible year annus mirabilis : a wonderful year ante bellum : before the war ante meridiem (a.m.) : before midday aqua fortis : nitric acid ceteris paribus : other things being equal or unchanged circa (c, followed by a date) : about cogito, ergo sum : I think, therefore I am (Descartes) compos mentis : sane confer (cf.) : compare cor unum : one heart corpus delicti : the facts of a crime aqua pura : pure water corrigenda : a list of things to be corrected (in a book) ars gratia artis : art for art's sake aude sapere : dare know cui bono? : who benefits? cui malo? : who suffers a detriment unjust? audi alteram partem : hear the other side (a principle of natural justice) B cum grano salis : with a grain of salt (not literally) curriculum vitae : a summary of a person's career and working life D bella gerant alii : let others wage war bona fide (adjective) : genuine, sincere de facto : in fact (especially in contradistinction to "de jure") bona fide (adverb) : genuinely, sincerely de gustibus non est disputandum : there is no accounting for taste bona fides (noun) : honest intention de jure : by right C cadit quaestio (cq) : the question falls; the matter admits no further argument (the facts have been double checked) caret : it is lacking (used in editing to indicate that something is to be inserted) de minimis : with respect to trifles de novo : anew delectatio morosa : peevish delight deo duce : with God for a leader
IC : PTtklla01 (11) of (20) deo gratias : thanks be to God ex libris : from the library of deo volente : God willing ex nihilo : out of nothing deus ex machina : a god from a machine, a contrived, artificial event that resolves a problem at the last moment ex officio : by virtue of his office dictum meum pactum : my word is my bond ex parte : by only one party to a dispute in the absence of the other dictum sapienti sat est : a word to the wise is sufficient ex post facto : retrospectively dramatis personae : the list of characters in a play excusatio non petita, accusatio manifesta : he who excuses himself, accuses himself (qui s'excuse, s'accuse) dulce et decorum est pro patria mori : it is sweet and proper to die for one's country (Horace) exeat : permission for a temporary absence dum spiro, spero : as long as I breathe, I hope (Cicero) exempli gratia (e.g.) : for example F dum vires annique sinunt, tolerate labores : while strength and years permit, endure labor (Ovid) fama nihil est celerius : nothing is swifter than a rumour dura lex, sed lex : the law is harsh, but it is the law E fiat : let it be done floruit : he flourished ecce homo : behold the man functus officio : having discharged his duty and thus ceased to ego : consciousness of one's own identity have any authority over a matter G eiusdem generis : of the same kind emeritus : retired after distinguished service and holding an honorary title (for example, emeritus professor) gaudeamus igitur : so let us rejoice H ergo : therefore errata : a list of errors (in a document or book) habeas corpus : you may have the body. (The opening words of a prerogative writ requiring a person holding another person to bring that person before a court) et alia : and other things hic jacet : here lies et alii (et al.) : and others honoris causa : as a mark of esteem et cetera (etc.) : and so on et sequentes (et seq. or seqq.) : and those that follow et uxor (abbreviated et ux.) : and wife ex cathedra : formally, with official authority ex curia : out of court ex gratia : purely as a favour (12) of (20) I ibidem (ibid. in citations, etc.) : in the same place id est (i.e.) : that is idem : the same imperator : emperor imprimatur : let it be printed
IC : PTtklla01 in absentia : while absent inter alia : among other things in camera : in private session Ex. A court hearing in camera inter se : among themselves in casu : in this case inter vivos : during life in casu extremae necessitatis : in case of extreme necessity intra muros : within the walls in curia : in court intra vires : within the power in deo speramus : in God we trust ipso facto : by that very fact L in extenso : at full length in extremis : near death in flagrante delicto : in the very act of committing an offence in illo tempore : at that time in loco extremis : in the farthest place latine dictum : spoken in Latin loco citato (loc. cit.) : in the passage just quoted locum tenens : one occupying the place. assistent, deputy locus sigilli (l.s.) = the place of the seal locus standi : the right to be heard in court M in loco parentis : in place of a parent in medias res : in the midst of things magna carta : Great Charter Ex. The English Magna Carta of 1215 AD in memoriam : in memory magna cum laude : with great honour or academic distinction in re : in the matter of magnum opus : great work in silico : by means of a computer simulation in situ : in its original situation in specie : in kind; (a) in its own form and not in an equivalent (b) in coins and not in paper money Mater semper certa : the mother is always certain; the identity of the mother of the child is always certain me judice : I being the judge; in my opinion mea culpa : by my fault in toto : entirely memento mori : remember that you have to die in vino veritas : in wine there is truth memorandum : a note of a something to be remembered in vitro : observable in a glass test tube; outside the living body and in an artificial environment mens rea : guilty mind in vivo : happening within a living organism mens sana in corpore sano : a sound mind in a sound body index librorum prohibitorum : official list of the books not to be read by Catholics mirabile dictu : wonderful to relate infra : below or on a later page infra dig : unbecoming (slang) Ex. Mahatama Gandhi taught us that no work should be considered infra dig . IC : PTtklla01 modus operandi : the manner of working monumentum aere perennius : an immortal work of art or literature (literally, "a monument more lasting than bronze") (Horace)
(13) of (20) multi multa; nemo omnia novit : many know many things; no one knows everything opere citato (op. cit.) : in the work just quoted P multum in parvo : much in a small compass pari passu : equally multus amicus, nullus amicus : a friend to all is a friend to none mutatis mutandis : the necessary changes being made N ne plus ultra : the highest standard of excellence nemine contradicente (nem. con.) : unanimously nemine dissentiente (nem. dis.) : unanimously nihil obstat : nothing stands in the way nil desperandum : there is no cause for despair (Horace) parturiunt montes, nascetur ridiculus mus : the mountains are in labour; a ridiculous mouse will be born (Horace); great promises, but no result or only a insignificant result passim : in various places (in a quoted work) pater est quem nuptiae demonstrant : the father is whom the marriage (vows) demonstrate; the father is indicated by marriage pax intrantibus : peace to those who enter pax vobiscum : peace be with you pedente lite : pending the suit per annum : per year nisi : unless nolens volens : whether one likes it or not; willing or unwilling nolle prosequi : to be unwilling to prosecute non compos mentis : insane non sequitur : it does not follow, a conclusion which does not accord with the premises" per ardua ad alta : through difficulties to the heights per ardua ad astra : through difficulties to the stars per capita : by the head Ex. India’s per capita income per centum : per hundred per diem : per day noscitur a sociis : the meaning of a word can be known from the context per mensem : per month nota bene (NB) : note well, important per omnia saecula saeculorum : for ever and ever numero pondere et mensura deus omnia condidit : God per procurationem (per pro or pp) : as agent for created everything by number, weight and measure (Isaac Newton) O per se : taken alone persona non grata : a non­acceptable person o tempora, o mores! : oh, the times! oh, the morals! (Cicero) obiter dictum : a saying by the way omne ignotum pro magnifico est : all things unknown seem grand (Tacitus the Elder) post hoc ergo propter hoc : after this, therefore because of this (a logical fallacy) post meridiem (p.m.) : after midday post mortem : after death (also figuratively) omnia mutantur, nos et mutamur in illis : all things are changing, and we are changing with them omnia vincit amor, nos et cedamus amori : love conquers all things, let us too yield to love (Virgil) (14) of (20) prima facie : on a first view primus inter pares : first among equals
IC : PTtklla01 pro bono publico : in the public good requiescat in pace : rest in peace pro bono : done without charge in the public interest res ipsa loquitur : the thing speaks for itself pro forma : for the sake of form pro hac vice : for this occasion res tantum valet quantum vendi potest : a thing is worth only what someone else will pay for it pro rata : according to the rate rex : king pro se : on one's own behalf rigor mortis : the stiffening of a body after death S pro tanto : to that extent pro tempore (pro tem) : for the time being proximo (prox.) : of the next month Q qua : in the capacity of salve, salvete : be greeted, hail, welcome semel in anno licet insanire : one can act the fool once a year semper fidelis : always faithful senatus populusque Romanus (SPQR) : the Senate and the people of Rome quantum in me fuit : I have done my best sensu stricto : in a narrow or strict sense quasi : as if qui desiderat pacem, praeparet bellum : let him who desires peace prepare for war (Vegetius) quid pro quo : something for something seqq : and those that follow seriatim : one after another in order si vis pacem, para bellum : if you want peace, prepare for war quis custodiet ipsos custodes? : who is guarding the guards? sic : thus, used in quoted passages to indicate that an error quo in casu : in which case sic transit gloria mundi = thus passes the glory of the world quo vadis? : where are you going? quod erat demonstrandum (QED) : which was to be proved quod erat faciendum (QEF) : which was to be done quod vide (q.v.) : which see R silentium est aureum : silence is golden silva rerum : an assorted collection of facts simpliciter : naturally; without qualification sine anno (s.a.) : year not known sine die : without stipulating a day ratio decidendi : the reason for the decision sine qua non : an indispensable condition ratio legis est anima legis : the reason of the law is the soul of the law status quo : the existing condition re : in the matter of stet : let it stand reductio ad absurdum : reduction to the absurd (proving the truth of a proposition by proving the falsity of all its alternatives) sub judice : before a court regina : queen sub rosa : in confidence
IC : PTtklla01 (15) of (20) sub verbo : under the word, heading verbum sat sapienti (verb.sub) : a word to the wise is sufficient sui generis : of its own kind versus : against supra : above or on an earlier page vi et armis : by force and arms suum cuique : to each his own
vice : in place of T vice versa : the order being reversed tabula rasa : a clean paper vide : see tempus fugit : time flies videlicet (viz.) : namely tempus fugit, mors venit : time passes, death advances vires acquirit eundo : we gather strength as we go (Virgil) terra firma : dry land Ex. While talking about archaeology, he was on terra firma . terra incognita : unknown land virgo intacta : virgin volenti non fit injuria : that to which a man consents cannot be considered an injury terra nullius : uninhabited land Ex. The Senkaku islands are terra nullius . timeo danaos et dona ferentes : I fear the Greeks, even vox populi : voice of the people Ex. Communists thrive on the notion that they represent the vox populi whereas it may not entirely be true. when they bring gifts (Virgil) U uberrimae fidei : of the utmost good faith ultimo (ult.) : of the previous month ultra vires : beyond the power V vade mecum : a constant companion vale, valete : farewell velle est posse : where there is a will, there is a way veni, vidi, vici : I came, I saw, I conquered (Caesar) verbatim : exactly as said 41.( A) 42.( A) 43.( B) 44.( D) 45.( B) 46.( B) 47.(A) 48.( B) 49.( D) 50.( A) 31.( B) 32.( B) 33.( D) 34.( D) 35.( A) 36.( B) 37.(D) 38.( D) 39.( A) 40.( A) 21.( C) 22.( D) 23.( B) 24.( A) 25.( A) 26.( C) 27.(A) 28.( C) 29.( A) 30.( A) 11.( A) 12.( C) 13.( A) 14.( A) 15.( A) 16.( B) 17.(B) 18.( B) 19.( B) 20.( A) 1.(C) 2.(A) 3.(C) 4.(B) 5.(C) 6.(C) 7.( C) 8.(D) 9.(A) 10.( D) Answer key ­ Practice Exercise
(16) of (20) IC : PTtklla01 PRACTICE EXERCISE
¿ Suggested Time : 30 min 1 . 2 . 3 . T o t a l q u e s t i o ns : 50
The fundamental principle of law where there is a right there is a remedy is reflected in the maxim 9 . Temporary postponement of the execution of a criminal sentence, i.e. the death sentence, is called (A) lex non­cogit ad impossibilia (A) reprieve (B) (B) actus curiae neminem gravabit respite (C) ubi jus ibi remedium (C) remission (D) volenti not fit injuria (D) pardon What does the maxim Actus curiae neminem gravabit mean? 10. What does Ex nudo pacto actio non oritur mean? (A) act of court shall prejudice no one (A) Proceedings brought by one person (B) (B) act of God hurts no one You shall have the body (C) act of law hurts no one (C) At fault (D) act of government hurts no one (D) No action arises on a contract without a consideration Which among the following maxims literally means that ‘let health of the people be the paramount law’? 11. What does the maxim Mens rea mean? (A) A guilty state of mind (A) Scienti et volenti non­fit injuria (B) (B) (C) A guilty state of soul Sacramenta puberum sunt sarvanda (C) Salus populi suprema lex A guilty state of body (D) A guilty state of mind, body and soul (D) Ultra volorem 12. ‘Theft’ is defined as 4 . What does the maxim De facto mean? (A) dishonest removal of poverty (A) concerning the law (B) (B) (C) dishonest removal of movable property concerning the fact (C) concerning the whole removal of one’s property without consent (D) None of these (D) concerning the future 13. A type of writ seeking judicial review is 5 . A friend of court appointed to assist the court in a certain proceeding, in legal terminology, is reffered to as (A) Certiorari (A) alieni juris (C) Caveat (B) (D) Prohibition affinitas (B) Compos Mentis (C) amicus curiae (D) animo furandi 6 . 14. Misappropriation of funds by one entrusted with them refers to
What does the Maxim Caveat venditor mean? (A) Defalcation (A) Let the purchaser beware (B) (B) (C) De minimus Other things being equal (C) Let the seller beware De nobo (D) Derogation (D) None of these 15. What does In flagrante delicto mean? 7. 8 . Which of the following phrase means ‘something for something’? (A) in blazing offense (A) quo jure (B) (C) in the extreme (C) quid pro quo (D) quo warranto What does Prima facie mean? quid juris (B) at fault (D) in existence 16. What does De jure stand for? What does it stand in contrast to? (A) So far, to that extent (A) concerning the whole, de latte (B) (B) Things done concerning the law, de facto (C) In self defence (C) concerning the proof, de amicus (D) On the face of it (D) concerning the justice, de juris
IC : PTtklla01 (17) of (20) 17. The term res­subjudice means that (A) a case has been decided by the court (B) a case is pending before the court (C) a case has been dismissed by the court (D) None of these 18. The maxim Ubi jus ibi remedium means that (A) justice should not be done but should be seen also (B) law provides remedy for every wrong (C) justice is to be according to law (D) None of these 19. What does the maxim Pari Passu mean? (A) On an unequal footing (B) On an equal footing (C) We command (D) With evil intent 20. What does the maxim Assentio Mentium mean? (A) A meeting of minds (B) A meeting of souls (C) A meeting of judges (D) A meeting of lawyers 21. What does the maxim Respondeat Superior mean? (A) Let the respondent answer (B) Let the principle answer (C) Let the principal (master) answer (D) Let the lawyer or the employee answer 22. An ex­parte decision means a decision given (A) after hearing both the parties (B) without proper procedure (C) after observing proper procedure (D) without hearing the opponent (other party) DIRECTIONS for Q.26 to 30: Given below are some commonly used legal maxims. Select the correct answer from the four options given below. 26. Ex gratia (A) other things being equal (B) in good faith (C) out of kindness, voluntary (D) None of these 27. Mala fide (A) in bad faith (B) on an equal footing (C) sincere, in good faith (D) None of these 28. Ex cathedra (A) agreement as to the same things (B) rightful (C) with full official authority (D) None of these 29. Pro tempore (A) for the time being (B) permanently (C) so far, to that extent (D) None of these 30. Suo Motu (A) on its own motion (B) in self defence (C) nobody’s property (D) of public right 31. What does this legal maxim ‘ cogitationis poenam nemo patitur ’ mean? (A) Arbitrators are judges 23. The term Ratio Decidendi means (A) a judicial decision (B) the rationale for the decision (C) any observation made by the court which goes beyond the requirement of the case (D) an observation made by a judge 24. The term intra vires means (A) within the powers of a body (B) outside the powers of a body (C) within the scope of fundamental rights (D) regular powers exercised irregularly by a body 25. What does the maxim ‘Caveat emptor’ mean? (A) Let the purchaser beware (B) Other things being equal, let the reader beware (C) Let the seller beware (B) No one is punished for merely thinking of a crime (C) Crimes are extinguished by death (D) An award is a judgement 32. Match the following: List I List II A . Causa Causans 1 . Against the peace B. Ad rem 2 . The primary cause C . Carte blanche 3 . To the point D. Contra pacem 4 . Full discretionary power Codes: A B C D (A) 1 2 3 4 (B) 2 3 4 1 (C) 2 4 1 3 (D) 4 3 2 1
(D) Both (A) and (C) (18) of (20) IC : PTtklla01 33. What does Gratis dictum mean? (A) Out of court, friendly (B) Tactless mistake, obligatory 41. The principle that the owner of a parcel of a land also owns the air above and the ground below the parcel, is known as (A) Ad Coelum (C) As mark of esteem (B) (D) Mere assertion, not obligatory (C) Ad Hoc landus Quantum meruit (D) Ad idem 34. What does Res nullis mean? (A) things, matter, issue, affair (B) common to all 42. What does In loco parentis mean? (A) in the place of parents (C) things done (B) (D) nobody’s property (C) in the place of law in the place of ward (D) in the place of justice 35. When a worker’s overtime is calculated on a pro rata basis, it means that it is calculated 43. What does Res gestae mean? (A) in proportion (A) things pending (B) (B) for himself things done (C) for so much (C) things carried forward (D) out of favour (D) things never done 36. What does ab initio refer to? 44. What does Post mortem mean? (A) Towards the end (A) after funeral (B) (B) From the beginning before funeral (C) Initial burden (C) before death (D) None of these (D) after death 37. Salus Populi Lex means that 45. A formal statement of fact is a/an (A) Public opinion is supreme, and no govt. can overrule that (A) alter ego (B) Individual is supreme, not the society (B) affidavit (C) Welfare of the people is supreme economic rationale (C) contra (D) Health of the people is the supreme law (D) addendum 38. What is the meaning of Rey Nunquam Moritur ? (A) The finishing point of a monarchy (B) King is beneath the Law (C) More hope of succeeding the next (D) The King never dies 39. What does Habeas corpus mean? (A) you shall have the body (B) you shall have the mind (C) you shall have the soul (D) you shall have the health 40. What does Mandamus refer to? (A) We command (B) She commands (C) He commands (D) The Law commands 46. A person can not be convicted of crime, unless it can be proven that, the crime was even committed . This is known as the principle of (A) Corpus Juris (B) Corpus Delicti (C) Crimen Falsi (D) Corpus Murderi 47. What does Stare decisis mean? (A) To stand by earlier decisions or precedent (B) To stare at decisions with all legal sense (C) To create faith in the decisions of the court (D) None of these 48. What does the maxim Publici juris mean? (A) Of private right (B) Of public right (C) Of his own right (D) Of public jurisdiction
IC : PTtklla01 (19) of (20) 49. What does the maxim Quid pro quo mean? 50. Who is an ‘amicus curiae’ ? (A) So far, to that extent (A) A friend of court (B) (B) The very words A supporter of court (C) The place in which (C) A prosecutor working for a court (D) Consideration, something for something else (D) A party to some very important case
Please make sure that you mark the answers in this score sheet with an HB pencil. The marking of answers must be done in the stipulated time for the test. Do not take extra time beyond the given limit. S C O R E S H E E T 1 2 3 4 5 6 7 8 9 10 (20) of (20) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 11 12 13 14 15 16 17 18 19 20 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 31 32 33 34 35 36 37 38 39 40 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 41 42 43 44 45 46 47 48 49 50 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 IC : PTtklla01