Latin Legal Phrases from A to V Quiz

Answer: Amicus Curiae

The correct answer is Amicus Curiae. The phrase refers to a person or group receives permission to participate in the case by submitting a brief supporting a side in which they have an interest. This procedure is often used in a high profile case. The ACLU (American Civil Liberties Union) will often submit an Amicus brief on behalf of a defendant in a case involving First Amendment freedoms.

For example, the ACLU recently filed a brief on behalf of the Westboro Baptist Church, which gained notoriety for picketing outside of veterans' funerals. Actus Reus refers to the offense or "bad act" of which the defendant is accused.

For example, in order to be convicted of murder, a defendant must be shown to have caused the unlawful killing of a human being.

The actus reus of murder consists of the act of killing. Ad Hoc (literally, "to this") means formed for a particular purpose. An example would be a temporary committee formed to investigate the need for a particular piece of legislation. Anno Domini means year of Our Lord, abbreviated A.D., and is part of the designation of a date.

It is used to refer to the present era, and signifies the number of years after the birth of Christ.

Answer: Bona Fide

The correct answer is Bona Fide. For example, a bona fide agreement is one entered into without an intent to defraud; De Bonis non Administratis means goods not administered. The term is used to refer to a person appointed to succeed the original estate administrator, who is deceased, when the estate is wholly or partially unsettled. Nota Bene (abbreviated N.B.) is a phrase meaning to take note or to note well.

It is used, particularly in legal papers, to draw the reader's attention to a particular statement. Pro Bono means a service (such as legal services) undertaken for the public good (often referring to services provided free of charge to the indigent).

Answer: Corpus Delicti

The Corpus Delicti is the physical evidence that a crime has actually been committed. For example, when a person is charged with the crime of arson, the corpus delicti is the burned property or evidence that arson was attempted. In a murder inquiry, it would be the actual corpse of the victim. Ceterus Peribus means other things being equal.

It is a phrase used most often in economics or scientific predictions. For example, it can be used to illustrate the law of supply and demand as follows: If the price of beef increases-ceteris paribus-there will be a corresponding decrease in the quantity of beef demanded by buyers. Compos Mentis means of sound mind.

For example, in a guardianship proceeding, a relative may go to court to establish that a person is no longer in compos mentis and is in need of a guardian to handle their legal affairs. Habeas Corpus means to produce the body, and refers to an application for a writ or order commanding the defendant to be released from custody. It would be used in a criminal proceeding by a defendant claiming to be imprisoned illegally.

Answer: De Novo

The correct answer is De Novo (starting anew). For example, if a mistrial is declared, a court may grant a new trial (or trial de novo) with a different jury. De Facto means as a matter of fact. An example would be a de facto corporation, which was never formally established by filing articles of incorporation with the Secretary of State, but which was operating for all outward intents and purposes as though it existed. De Jure means as a matter of right.

A de jure corporation has complied with all legal formalities and may invoke the protections of the law (unlike a de facto corporation.

The principal benefits of legal formation is that the personal assets of the corporate owner may not be used to satisfy corporate debts. Sine Die means without a specific date.

A court may adjourn a matter sine die, which means without any possibility of being reheard (in other words, permanently).

Answer: Ex Parte

The correct answer is Ex Parte (one-sided or on the part of one in the absence of the other party). This situation occurs when one party is not present for a scheduled hearing. If the hearing proceeds in the absence of one party (that is, the absent party did not request a postponement), the judge will not automatically rule in favor of the party present, but will make a decision on the basis of evidence presented. Ex Gratia means as a favor, voluntarily, without legal obligation to do so. An example would be severance pay given by an employer for a period of time in which an employee is not working after being terminated. Ex Officio means by virtue of one's office.

For example, the president of a company is often an ex officio member of the company's board of directors. Ex Post Facto means after the fact or retroactively.

It is unconstitutional to apply criminal laws ex post facto, that is, that were not in effect at the time the criminal act was allegedly committed.

Answer: Prima Facie

The correct answer is Prima Facie. For example, in cases involving alleged discrimination, the party alleging discrimination must establish conduct that on the face of it appears discriminatory in order to be allowed to proceed to trial. That is, the party must show that he or she was a member of a protected class (such as a racial minority), that the person was the recipient of an adverse action such as not being hired, not being given training opportunities, or not being promoted; and that other persons outside of the protected class were not treated adversely. If all of these conditions can be shown to exist at least on the surface, then the plaintiff has established a prima facie case of discrimination, which can be overcome by the assertion of acceptable defenses. De Facto means as a matter of fact, something accomplished without observing the legal formalities, such as a business operating as though it were a corporation. Ex Post Facto means asserted after the fact. An example would be attempting to prosecute a person for driving without a license who did so before it became a law requiring drivers of vehicles to obtain a license. Ipso Facto means by the very fact or by definition. An example would be money laundering, an activity which is ipso facto illegal.

Answer: Res Gestae

The correct answer is Res Gestae. It refers to a statement made by another concerning a criminal act committed which would normally not be admissible due to the hearsay rule, but allowed if it is uttered in the excitement of the moment. An example would be "Oh, my God! I killed him." Deo Gratias is a religious phrase meaning thanks be to God. Exempli Gratia means by grace of example (abbreviated e.g.). Sui Generis means one of a kind.

The term may be used in a zoning application to designate land that doesn't fall under traditional classifications such as residential, industrial, commercial, or agricultural, so that any use of the land must be approved by a planning body.

Answer: Habeas Corpus

The correct answer is Habeas Corpus ("have the body;" a writ calling for the defendant to be released from custody). This action would be filed by a criminal claiming he was imprisoned illegally. Hodie Mihi means today for me. The complete phrase, sometimes found in epitaphs, is hodie mihi, cras tibi: It is my lot today, yours tomorrow. Post Hoc means after this.

The complete Latin phrase is "Post hoc, ergo propter hoc," and refers to a logical fallacy that because one thing occurred after another, the first thing must have caused the second thing to occur. An example would be blaming obesity on consumption of fast food, without taking into account other possible causes such as medical conditions, lack of exercise, or excessive consumption of desserts. Pro Hac Vice means for this occasion, a term applied to permitting a member of the bar of one state to appear in the court of another state on a one-time basis (as in "My Cousin Vinny").

Answer: In Limine

The correct answer is In Limine (a threshold or preliminary matter, determined prior to the commencement of a trial. An example would be the admissibility of contested evidence. In Flagrante Delicto means while the crime is in progress (literally, blazing, or caught red-handed). In Esse means in being, as for example, a child once it has been born, as opposed to a fetus. Inter Se means among themselves. An example would be an agreement reached among a bankrupt debtor's creditors inter se.

Answer: De Jure

The correct answer is De Jure. An example would be the 19th Amendment, which gave women the right to vote "de jure". Justitia Omnibus means justice for all. It is the state motto of the District of Columbia. Res Judicata means the matter has already been adjudicated in court and will not be heard again. What this means is that once a party has sued another party and the matter has been decided, the party may not refile a lawsuit against the same party on the same set of facts. Sub Judice means while the matter is under consideration (during the course of a trial).

A judge may announce that she will take a matter brought to her attention sub judice during a recess in the trial.

Answer: Locus in Quo

The correct answer is Locus in Quo (the place in which). It could refer to a civil (non-criminal) or criminal manner. In Limine refers to a preliminary matter determined prior to the commencement of a proceeding. An example would be whether a certain piece of evidence is going to be admissible during trial.

This type of question is better argued privately outside the presence of the jury to prevent their being exposed to evidence which ultimately is decided to be inadmissible. In Loco Parentis means authority to make decisions for a minor in the absence of a parent (for example, by a school official or physician). Lusus Naturae means a freak of nature.

Answer: Mens Rea

The correct answer is Mens Rea. In order to be found criminally liable, for example, of murder, the person must be shown to demonstrate awareness of the wrongness of his actions. Mala Fides means in bad faith. An example of an action brought in bad faith, or in mala fides, would be a frivolous lawsuit filed knowing that the defendant did not do the thing accused of, but filed for the purpose of harassing the defendant. Mea Culpa means my fault, and is an admission of guilt. Non Compos Mentis means of unsound mind.

A person filing for legal guardianship of a relative whose mental state has deteriorated may have to establish that the person is non compos mentis and is in need of a third party to handle his or her legal affairs.

Answer: Non Compos Mentis

The correct answer is Non Compos Mentia. A person of unsound mind may plead the insanity defense to a crime of which he or she is accused. Non Sequitur is a logical fallacy meaning this does not follow from that. An example might be a conclusion that because a defendant in a fit of anger once said to a murder victim "I could kill you for that," that without more evidence the defendant is the killer. Nota Bene means to pay attention or note well.

It may be used in a legal document to call particular attention to a significant statement. Nulla Bona means having no goods.

It is a phrase used by a sheriff when he can find no property to seize in order to satisfy a court judgment.

Answer: Obiter Dictum

The correct answer is Obiter Dictum (a statement said as a side note, but not forming the main reasoning of the opinion). An example would be a statement contained in a case dismissed on a technicality concerning the merits of the case. The statement (or obiter dictum) would have no bearing on the outcome of the case. Omnia Vincit means conquers all; Amor Omnia Vincit is a literary phrase meaning love conquers all. Orbis Terrarum is a poetic term meaning the circle of lands, or the earth. Judgment non obstante veredicto refers to a post-trial proceeding in which the losing party asks the judge to overrule the jury verdict, which was obtained against the weight of the evidence.

It is rarely successful, but is quicker than an appeal as a means of getting an unfair verdict overturned..

Answer: Per Curiam

The correct answer is Per Curiam. It is a phrase preceding the published opinion of the court. Its literal meaning is "from the court." Parens Patriae means the power of the state to intervene in a situation involving abuse, neglect, or other harm (literally, to act as the parent of the nation). An example is lawsuits brought by states' attorneys general against tobacco companies for harm caused to consumers. Per Capita means per head, or per person.

In the legal sense, the term is an estate planning concept, meaning the distribution of the state in equal shares to surviving heirs. Pro Bono Publico means for the public good, used to refer to a service (such as legal representation) provided free of charge to an indigent person.

Answer: Quid Pro Quo

The correct answer is Quid Pro Quo, meaning something given in exchange for something else (a mutual exchange). Without each party to a contract promising to give something to the other, a contract cannot be formed. A one-sided transaction, in which one promises to do something for the other with no return promise, is simply a promise and if the promisor changes his mind, the one promised cannot sue for breach, because nothing was given up. Q.E.D. means something that was demonstrated.

It is a mathematical phrase used at the conclusion of a proof (and is sometimes seen in crossword puzzles). Sine Qua Non means that which you cannot do without. According to the 4th 1949 Geneva Convention, the phrase appears in the commentary on Article 59 on the protection of civilians during a time of war.

In this case the sine qua non refers to the assurance that relief aid will go to the civilian population and not be diverted towards "the benefit of the Occupying Power." The phrase has expanded into general usage as simply an elegant phrase used for emphasis. An example appearing in the American Heritage dictionary is "The perfect cake is the sine qua non of the carefully planned modern wedding." Status Quo means the current state of affairs. One argument used in obtaining a temporary restraining order is that a court order to prevent an action from taking place is necessary to preserve the status quo. An example would be going to court seeking a restraining order to prevent a developer from bulldozing the landscape and endangering the habitat of protected species.

Answer: Res Ipsa Loquitur

The correct answer is Res Ipsa Loquitur. The doctrine of res ipsa loquitur isn't so much about establishing the identity of the wrongdoer (although that's often the case), but about satisfying the elements for a negligence claim. "The thing speaks for itself" refers to an inference that arises because the circumstances are such that the accident would not have occurred without negligence, like in the case of surgical instruments being left in a post-op patient.

In Medias Res is a literary term meaning in the middle of things, referring to the start of a poem or other literary work. Res Judicata refers to a matter that has already been adjudicated and therefore the plaintiff may not initiate another lawsuit on the same issue against the same defendant. Res Gestae means the thing or deed that is done.

It is used in the context of a statement made by a person in the excitement of the moment which amounts to an admission that they are the doer. An example is ""Oh, my God, I didn't mean to kill him!" Normally such statements may not be introduced into evidence by a third party as evidence of the wrongdoing of the accused because it is hearsay, but this type of statement would fall under the "excited utterance" exception to the hearsay rule.

It is considered reliable because it is uttered spontaneously, with no opportunity to cover up what really happened.

Answer: Sui Generis

The correct answer is Sui Generis (of its own kind, or in a class by itself). Sine Die means without a specific date. Sine Qua Non means a thing which you cannot do without. Sub Modo means subject to modification.

Answer: Subpoena Ad Testificandum

The correct answer is Subpoena Ad Testificandum. It might be issued to a potential witness by a party to a lawsuit who needs the testimony to support his or her case. Subpoena Duces Tecum is a court order commanding the person to produce certain documents.

It is issued by a party to a lawsuit to a witness or other person having documents shedding light on the matters at issue. Tace Atque Abque means shut up and go away. It's not a legal phrase, but could be mistaken for one, and has a nice rhetorical ring to it. Tibi Gratias means thanks to you.

It's part of a phrase from a Catholic prayer ("Agimus tibi gratias") which was set to music by composer Orlande de Lassus in 1604.

Answer: Verbatim

The correct answer is Verbatim. Vade Mecum means something that a person carries with them regularly. For example, it is used in the title of a Legal Dictionary called "Lawyers' Latin: A Vade-Mecum," by Tony Simmonds and published in the U.K. in 2007 by Emerald Group Publishing Limited. Valete means farewell. Veritas is Latin for truth.