|
Latin/French Phrase |
Translation |
Meaning/Explanation |
|
ab
initio |
from the beginning |
As
it says - as if it had never started. |
|
actus reus |
the
physical act |
that part of the definition of a criminal offence which is over and
beyond any mental element. For interesting cases see R v Antoine (Times
10-May-99), and also Director of Public Prosecutions for Northern
Ireland -v- Lynch [1975] AC 653. See also mens rea |
|
ad
litem |
for
the litigation |
Usually a guardian ad litem, someone who is appointed by the court to
act as guardian of a person under a disability for the purposes of the
court proceedings to represent that person's interests to the court. |
|
aliquis non debet esse judex in propria causa |
Nobody should be a judge in his own cause |
Littleton: "It is against reason, that if wrong be done any man, that he
thereof should be his own judge." |
|
alveus |
|
An
established watercourse (even if dry for part of the year or from time
to time) as opposed to a flood plain. |
|
amicus curiae |
friend to the court |
A
legal representative acting independently of any of the parties to a
case, and usually at the request of the court. |
|
animus possidendi |
the
mind of a possessor |
This is the intention central to a claim for adverse possession of land
on the part of the person claiming the land to take the ownership of the
land. It denotes a mind which is excluding the real owner. |
|
audi alterem partem |
hear the other side |
An
injunction to the court to achieve fairness by listening to both sides
of a case. |
|
autrefois convict |
otherwise convicted |
More legal French than Latin, but never mind. This is the core of the
theory that a man cannot be tried for the same crime twice. 'The buggers
did me for this, once already' is the local equivalent. Still being used
by the Court of Appeal in May 2001 (R v G) |
|
bona vacantia |
goods vacant of title |
Where nobody is found to own goods, their title comes to be vested in
the Crown. |
|
caveat emptor |
let
the buyer take care |
The
rule, now forgotten in a consumer society, that a buyer must make his
own judgement before buying anything, and bear the risk if he gets it
wrong. Still applies generally in the purchase of land. |
|
certiorari |
'let it be certified' |
'A
writ issued from a superior court directed to one of inferior
jurisdiction, commanding the latter to certify and return to the former,
the record in the particular case.' |
|
contra bonos mores |
against good morals |
Descriptive of an act which is seen to be against the general good
standards of the population at large. |
|
contra mundum |
against the world |
Where an injunction is made by the courts which is intended to affect
all those who might come to know of it, it is issued 'contra mundum'. |
|
contra preferentem |
against the offeror |
A
rule of contract law which suggests that a party who proposes a term of
a contract can expect that, if there is any ambiguity in it, it will be
construed against him. This is used particularly where it is felt that
the term proposed is unfair, or imposed by a dominant party. See Pera
Shipping Corporation v Petroship SA [1985] 2 Lloyd's Law Rep 103 |
|
corpus delicti |
The
body of the crime |
That part of the evidence of a crime which is the victim. In murder it's
the body. Beloved of fanciful policemen. |
|
cui
bono |
for
what benefit |
A
bit of healthy scepticism. Similar to 'Follow the money' |
|
cuius est solum eius est usque ad coelum et ad inferos |
whomsoever owns the soil, it is theirs up to the sky and down to the
depths |
The
doctrine that if you own land you own it from the centre of the earth to
the stars. Apparently it was coined by Accursius of Bologna in the 13th
Century. (Also: Cuius est solum, eius est usque ad coelum et ad inferos.) |
|
curia ad vult (Curia advisari vault) |
the
court considered |
The
judge took a long lunch, and then allowed it to settle before giving his
judgement. In effect, the court ruminated, took its time before
pronouncing. More properly: the arguments are taken under advisement;
the Court reserves judgment, to be given later, after consideration. |
|
Damnum |
damage |
'Damnum'
in the context of our law of reparation means a loss in the sense of a
material prejudice to an interest that the law recognises as a legal
interest. When there is a concurrence of injuria and damnum the person
whose legal right has been invited with a resultant loss to him has a
right to recover money reparation for that loss for the wrongdoer. Lord
McLuskey |
|
de
bene esse |
'of
formal sufficiency for the time' lit. 'of well being' |
Conditionally; Provisionally. Not to be confused with pro bono. Where a
court assumes something to be true for the moment. In practice it may be
used for example where a court accepts a document or hears a plea
without first deciding whether it should strictly do so. (John Spencer)
Also "a jury note or letter will, save in exceptional circumstances,
always be looked at by the trial judge and, if there is an appeal, by
the Court of Appeal (the legal expression is de bene esse - ie for what
it is worth); its existence and character will normally be disclosed to
the parties' counsel and submissions as to its significance, and/or
responded to, be invited." Regina -v- Connor and another; Regina -v-
Mirza (Conjoined Appeals) [2004] UKHL 2 |
|
de
bonis non administratis |
for
unadministered goods |
A
chap (Chap 1) dies. His executor (Chap 2) struggles with the burden, but
himself dies before completing his task. The executor of Chap 2, has to
sort out the unadministered part of the estate of Chap 1. The authority
for this is gained by applying for a grant 'de bonis non administratis'
in Chap 1's estate as well as an ordinary grant for the estate of Chap
2. Such grants are simple to obtain, but can be a source of considerable
additional upset for all involved, since the administration of the
estate is universally rather complicated. |
|
de
facto |
from the facts |
It's just a fact - live with it. |
|
de
jure |
from the law |
It's the law. It must be right. |
|
de
minimis non curat lex |
No
trifles in the law |
Sometimes read, amusingly no doubt, as 'de Minnie Mouse non curat Rex'
(Rex (a dog) doesn't chase Minnie Mouse) Otherwise, it is a rather
optimistic suggestion that the law will not waste its time with tiny
unimportant points. I thought that's what lawyers were here for. The
alternative suggestion is 'The law does not concern itself with trifles'
- again a rather weak suggestion from what I have seen of Law Society
dinners. |
|
de
novo |
from the new |
Starting again. See also ab initio. |
|
doli incapax |
incapacity for guilt |
This is the rule that a child of a certain age is presumed not to be
able to gather together sufficient awareness of right and wrong to be
guilty of a criminal offence. Doli incapax applied for children from ten
to 14 until the Crime and Disorder Act 1998, when it was effectively
abolished.
The opposite is doli capax. |
|
Dominus membrorum suorum nemo videtur |
|
"no-one is to be regarded as the owner of his own limbs" Ulpian in
D.9.2.13 |
|
donatio mortis causa |
gift made because of a death |
A
gift which is made anticipating the death of the donor. A death bed
gift. This is one of the few exceptions to the need for a testamentary
disposition to be made in writing and witnessed. |
|
eiusdem generis |
others of the same type |
In
any list of things, this refers to things falling within the same class.
It is usually used to chop away some unexpected additional meaning for
one word in the list. Finding that it should be construed in this way
removes that meaning. |
|
ex
abundante cautulae |
From an abundance of caution |
The
motto of every sane conveyancer. Tie up every bootlace with a double
knot. Make damn sure its right. Be more cautious for the sake of being
cautious. |
|
ex
debito justiciae |
on
the balance of justice |
A
justification sometimes used (ahem) when judges want to do hustice
rather than the law. |
|
ex
delicto non oritur actio |
action will not arise from a failure |
A
version, popular in Europe, of our own ex turpi causa non oritur actio. |
|
ex
parte |
from the side |
An
application made to court by one party to an action, without informing
the other side first. The court only hears one side. |
|
ex
post facto |
from after the deed |
With hindsight |
|
exclusio unius inclusio alterius |
|
When given a list of things, it is intentionally to the exclusion of
others. |
|
Expressio unius exclusio alterius |
|
When one thing is excluded from a list, others are deemed to be
included. |
|
forum non conveniens |
inconvenient forum |
This is a request made by parties to international proceedings that the
case should be heard in a different country, that country being the more
appropriate. The applications are usually made under the Rome
Convention. |
|
fraus omnia corrumpit |
fraud unravels all |
Once a contract is affected by fraud, all bets are off. |
|
functus officio |
function discharged |
This is the situation where a court having once made a decision on a
particular matter, ceases to have any jurisdiction to make any further
order. It has made it's mind up, and any later alteration must be by
another, appellate, court.
See for example MacDonald v Skelt [1985] RTR 321 |
|
Habeas corpus ad subjiciendum |
you
have the body |
'Let the body be produced'. This is a writ addressed (usually) to the
operator of a prison, or indeed anyone else who may be alleged to be
keeping someone prisoner, ordering him to deliver up the body to the
court.
The writ has been in various forms most
are now mere history. Anyone who has worked with the courts will know
that getting bodies out of prison to court is far more difficult than it
sounds. :
-
Habeas corpus
ad satisfaciendum - an order to produce a prisoner imprisoned for
debt to be produced to the court so that he can say how he will
satisfy the judgement debt.
-
Habeas corpus
ad respondendum - bring a prisoner to court so that he may be re-chargd
(usually by a higher court)
-
Habeas corpus
ad testificandum - bring him to court as a witness
|
|
ignorantia juris non excusat |
Let
no-one be excused for ignorance of the law |
See
Bilbie v. Lumley, 2 East 469 (Lord Ellenborough) and Pankhania -v- The
London Borough of Hackney ([2002] EWHC 2441(Ch)). The court discussed
the maxim describing it in the following terms: "a tag whose dubious
utility would have been enhanced, had it gone on to explain who was not
excused and from what. As it stands, it means no more than that
ignorance of the general law does not excuse anyone from compliance with
it, a proposition with which criminal lawyers are familiar. In
translation, it has become distorted and amplified meaning, in such
expressions as "everyone" is taken to know the Law", from which follow
two further propositions (underpinning the "mistake of law" and
"misrepresentation of law" rules respectively) (i) " as you are taken to
know the law, it is your fault if you are mistaken as to it, even if I
have misrepresented it to you, and because of that you should have no
relief". Those two propositions bear little relation to, and do not
follow logically from, the maxim "ignorantia juris non excusat", but
save for its Latin roots, no basis for the "misrepresentation of law"
rule is to be found" |
|
in
limina |
at
the threshhold' |
From the start, from the outset, as a preliminary. |
|
in
personam |
in
person |
Where a remedy is available only against a person who owns an object the
subject matter of an action, such an action is 'in personam' See in
contradistinction 'in rem' |
|
in
rem |
in
the thing |
Usually remedies in law are given by the award of money in satisfaction
or example of damage to an object. Where an action is with regard to the
object itself, the claim is expressed to be in rem. Often used in
shipping actions. (see also in personam) |
|
intra vires |
within the powers |
Certain bodies operate under powers given to them explicitly by statute
or by their rules. An act within the scope allowed is called 'intra
vires'. See also ultra vires |
|
ipso facto |
by
virtue of that fact |
Used to mean 'by that fact alone' |
|
ius
accrescendi inter mercatores locum non habet |
the
right of survivorship has no place among merchants |
The
presumption in equity that partners do not hold the partnership property
as joint tenants.-->
|
|
lis |
the
tie |
The
legal issue in dispute. It is that which binds opposing parties together
in a court action. |
|
lis
alibi pendens |
|
Describes a situation where litigation is pending simultaneously in two
jurisdictions. |
|
locus poenitentiae |
standing of a penitent |
The
term referes to the standing in law of a wrong-doer who takes the
opportunity to withdraw from a projected contract, before the parties
are finally bound; or abandons committing a crime, before it has been
completed. A wrong-doer who repents his wrong-doing may not be prevented
from enforcing an unlawful contract. |
|
magis est ut res valeat quam pereat |
Used by Lord Diplock in Attorney-General of The Gambia v. Momodou Jobe
[1984] A.C. 689 described it as a canon of construction, namely the
principle of constitutionality - a statute is to be construed to be
compliant with the constitution. Proper translation required! |
|
|
mandamus |
we
order |
A
term used to categorise certain kinds order, usually in administrative
proceedings against a public authority. Where an order requires a
positive act from a party, the court orders him to do something, the
request is for an order of mandamus. |
|
mens rea |
the
mind of the thing |
This is part of the maxim 'actus non facit reum nisi mens sit rea' The
mental element, over and above basic intent, which has to be proved in
any criminal case for the prosecution to succeed. See DPP v Lynch [1975]
AC 653. |
|
mutatis mutandis |
making the necessary changes |
When an argument from one situation is applied in another, certain
elements will have to be altered to fit the new situation. These
alterations are made mutatis mutandis. |
|
nemo debet bis punire pro uno delicto
(or nemo debit bis vexari, si constat curiae quod sit pro una et
eadem causa) |
no-one should risk being punished twice for the same offence |
See
R -v- Statutory Committee of Pharmaceutical Society of Great Britain
[1981] 2 All ER 805 Lord Lane CJ. |
|
nemo judex in sua causa |
No
one should be a judge in his own cause |
See
Dimes v. Grand Junction Canal (1852) 3 H.L.C. 759, 793, per Lord
Campbell. For a mor eup to date example see the Criminal Procedure and
Investigations Act 1996. A police officer is called to a scene. He picks
out and on a young man, and as these things the lad is charged with
assault PC. The log of the 999 call shows it was the young man who
called the police. The officer is himself at risk of being accused of
assault. He is appointed both Investigating and Disclosure Officer. He
lists the documents, and marks the log as of no assistance to the
defence. End of case. He has judged it, and neither the defence nor the
court will see the log which would risk his own prosecution. The Act in
effect appoints him to be a judge in his own case. |
|
Nemo potest esse tenens et dominus |
Nobody can be both tenant and landlord |
A
person cannot be his own landlord (see Rye v Rye [1962] A.C. 496 Lord
Denning). |
|
nolle prosequi |
let
there be no prosecution |
The
procedure under which the DPP stops some Thom Fool private citizen from
silly prosecutions. Generally, 'to be unwilling to prosecute'; The
withdrawal of a suit by a plaintiff. |
|
non
est factum |
not
my deed |
A
usually quite unsuccessful claim that a document was not actually signed
by the person who appears to have signed it. This phrase is close to my
heart because it demonstrates the nonsense of the definitions of
signatures contained in the Electronic Communications Act 2000, and the
Regulation of Investigatory Powers Act 2000. The draughtsmen should have
read Austin's 'Doing things with Words.' |
|
Non
haec in foedera veni |
(translatiov
required) |
This was not what I promised to do. The law of contract and how a party
can be excused performance where the contract has been frustrated and
can only be performed in a different way. (Davis Contractors Ltd -v-
Fareham Urban District Council ([1956] AC 696)) |
|
noscitur a sociis |
We
know a man by the company he keeps |
Not
strictly legal Latin, but is used by analogy to decsribe where a court
interprets words from the context in which they are used. |
|
novus actus interveniens |
A
new act intervening |
If
I set one series of actions in train, they will lead to a conclusion,
and I may be responsible for that conclusion. Where however somebody
else later intervenes, and sufficiently alters that chain of events, so
that in law I should no longer be held liable, then that act is one of
these. |
|
nudum pactum |
bare agreement |
In
contract law, an enforceable contract only exists when consideration,
some value, is given for the promise sought to be enforced. An agreement
without consideration, a bare promise, is generally unenforcable. |
|
Nulla Bona |
No
Goods |
The
return made by a sheriff when he enters upon property and finds nothing
of value. |
|
nulla poena sine lege |
no
punishment without a law |
See
also nullem crimem sine lege. It is more popular, if slightly less
accurate in this form. Kokkinakis v Greece (1993) 17 EHRR 397, para 52;
SW and CR v United Kingdom (1995) 21 EHRR 363, para 35/33 |
|
nullem crimen sine lege |
No
crime without a law. |
Whatever you do, if there isn't a law which says it is criminal, it
isn't a crime. This predates the Protection from Harassment Act 1997. |
|
nunc pro tunc |
now
instead of then |
A
phrase use to refer to an application made late. If, for example,
permission is required to issue proceedings, but an application is made
only after proceedings have been issued, an application for thet
permission is made nunc pro tunc. |
|
obiter dicta, obiter dictum, obiter, ob |
extraneous words |
The
analysis of a judge's judgment should separate out the core of the
decision, the factors which lead to the case going one way not another.
Obiter Dicta are the rest. So much legal detritus. |
|
omnia praesumuntur contra spoliatorem |
Let
all be presumed against a spolier of evidence |
This is an ancient rule of evidence which may now be slightly less
broadly applicable than it was. See Armory -v- Delamirie (1722) 1 Stra
505 and Malhotra -v- Dhawan [1997] EWCA Civ 1096, [1997] 8 Med LR 319 |
|
opinio juris sive necessitates' |
'Legal opinion follows practicalities' |
…
As opposed to principles, for example avoiding trial of murderers
already awarded life tariff. (Tim Potten again).
Or . . . A belief that a judgement or
act was done because it was a legal obligation. (Ray Kelly) |
|
par
in parem non habet imperium |
Those in a position of equality cannot rule against each other |
One
sovereign does not adjudicate on the conduct of another. See
Regina -v- Bartle and the Commissioner of Police for the Metropolis and
Others, ex parte Pinochet Ugarte; Regina -v- Evans and Another and the
Commissioner of Police for the Metropolis and Others, ex parte Pinochet
Ugarte (3) |
|
parens patriae |
In
the place of the parents |
Where the court takes upon itself the status and standing of a parent to
make a decision in their stead on behalf of their child. |
|
pari passu |
with equal ranking |
This can be used, for example to explain that creditors within a certain
rank of priority, must receive equally in ratio to their debts. Also
certain classes of shares in a company may have different voting rights
as between classes, but rank equally within a class. |
|
pater est quem nuptiae demonstrant |
fatherhood is established by marriage |
The
presumption (not necessarily reliable) that a child born to a married
woman is the child of her usband. |
|
pecunia non olet |
money doesn't smell |
Used by The Hon Mr J Jacob in Commissioners of Customs and Excise v
Polock [2002] EWHC 156 (CH) A lovely bit of latin showing yet again the
power of this wonderful language. This time the Commissioners were
chasing the proceeds of prostitution. They wanted their pound of VAT.
They got it. They didn't care where it came from. |
|
per
incuriam |
by
a mistake of the court |
This is where one court wishes to say that an earlier decision was
incorrect. It says that it was decided through an error of the judge
(though the error may just … ahem ... have been induced by others). The
decision is wrong, and it is the judge's decision. |
|
prima facie |
with first sight |
A
case which may be made out based upon the evidence which may be
presented, but is acknowledged to be without that evidence having been
tested. |
|
pro
bono (publico) |
for
the good |
For
free. Work done by lawyers for the public good. I still cannot get out
of my head that this is actually nothing more than a way for very
expensive lawyers in the big firms to salve their consciences very
publicly, for half an hour a month of a junior's time. It stinks.
Most legal aid lawyers spend half of
their day doing 'pro bono' work, but somehow this does not seen to
count. It doesn't have the same marketing behind it. |
|
quantum meruit |
for
what it's worth |
This is a way for a court to assess how much is due to a party for the
work they have done, when all else has failed - he is paid what the work
was worth. It typically arises when some element of the contract, or
even the entire contract, is binned by the court for other reasons. |
|
quasi |
as
if it were |
Anything is a quasi thing if it seems like a thing, or does thing like
things without itself being a thing. |
|
qui
facit per alium facit per se |
Whoever does an act through another, does it himself |
This is the doctrine of vicarious liability, usually the responsibility
of an employer for the acts of an employee. In Scotland this rule is
called the rule of respondent superior. |
|
Quicquid plantatur solo solo cedit |
|
"If
there is no physical annexation there is no fixture." Scarman LJ in
Berkley -v- Poulett and Others [1977] 261 EG 911 discussing the law of
fixtures. |
|
ratio decidendi |
The
decision's reason |
This is the core legal reason which, when applied to the facts found,
turns the decision on way rather than the other. Compare with obiter
dicta |
|
ratione materiae |
relevant reasons |
Similar to our ratio decidendi. (Why is European Latin different from
our Latin?) |
|
ratione personae |
perosnal reasons |
Reasons particular to the people involved. |
|
ratione temporae |
Reasons of the time |
Temporary reasons. |
|
rebus sic stantibus |
'things standing as they are' |
In
effect, a maxim that a court should look at things as they actually are
rather, perhaps, than as how someone might want them to be. Used post
Woolf by J Walker in Williams v Scottish and Newcastle (Times March 6
2001). |
|
reddendo singula singulis |
|
' .
. . when plurals are broken down, each singular component must be
attributed to its respective singular and not to every other possible
singular' |
|
res
ipsa loquitur |
the
thing speaks for itself. |
'Its so bloody obvious, why are you defending this?' A claim often
proceeding from the lips of those who cannot quite see why their
opponent is actually liable. If the situation speaks for itself, what
need is there of the poor lawyer? |
|
res
gestae |
the
thing from which it is generated |
The
core of the case before a court, the central issue. |
|
res
judicata |
the
thing having been adjudged |
This refers to the natural reluctance of courts to have their decisions
challenged. An issue is decided; the loser can appeal. If he doesn't,
and comes to have lost that right, he can no longer assert in those
proceedings that the issue was wrongly been decided. The judicial act
had been made, and finished, and done with. |
|
scintilla temporis |
a
tiny bit of time |
The
small time slice between two legal but probably fictitious transactions,
much beloved of tax practitioners. |
|
semble |
It
seems |
It
seems. |
|
Sic
utere tuo ut alienum non laedas |
So
behave that you do not harm others. |
(translation provided by L H Lewy - Thanks) Again 'use your power so as
not to injure your neighbours (especially in land occupation or property
deployment) from Tim Potten. However "This, like most maxims, is not
only lacking in definiteness but is also inaccurate. An occupier may
make in many ways a use of his land which causes damage to the
neighbouring landowners and yet be free from liability…" Lord Wright in
Sedleigh-Denfield -v- O'Callaghan [1940] AC 880.
See also 'sic uit suo ut non laedat
alienum' in Rylands v Fletcher |
|
solvitur ambulando |
"things will sort themselves out" |
Or
as a famous Tamla song had it 'Walk on by' - it will sort itself out
just by walking. |
|
sponsio ludicra |
|
Gamong contract - generally unenforceable. |
|
stare decisis |
stand by that which is decided |
Stand by the decision, chaps. The maxim that what has once been settled
in law should not be unnecessarily be disturbed. The doctrine of
precedent is fundamental to common law. |
|
strictu sensu |
in
the strict sense. |
This is not legal Latin strictu sensu, but rather a Latin term in
general use. |
|
Sub
Judice |
under justice |
Under the court. Once a court has become seised of a matter, it becomes
improper (no really … properly improper) to comment in any way which
might prejudice the court's decision, or the defendant's right to a fair
trial. |
|
sub
nom |
under the name |
This is a reference to the name by which a case has been entered in
court. Many entities will have several names, and it is not necessarily
obvious what name has been used in court. The phrase is used to indicate
what name has been used. It is strictly short for sub nomine
|
|
Subpoena ad Testificum |
'under penalty to witness |
A
requirement to attend court as a witness - or else. |
|
|
false suggestion |
Garden paths, and being lead come to mind. See also 'suppressio veri.
Has anyone read, and I do mean to the
end, Lord Hailsham's opinions when he was going through his
Wittgensteinian 'Bluue Book' period. |
|
sui
generis |
of
its own type |
When asking whether the law which applies to one area (perhaps of
several) can apply in another, to reply that the new area is 'sui
generis' is to say that it is so particular in its characteristics that
it cannot be treated in the same manner as others. It is one on its own. |
|
|
suppressing the truth |
Say
the following, but say the fourth word very quietly, and very quickly:
'The truth, the lawyer's truth, and nothing but the truth'. Easy enough
wasn't it? Linked with 'suggestio falsi'? |
|
tabula in naufragio |
a
plank in a shipwreck |
Anything will do if all else is lost. Strictly a term describing what
happemns when a puisne mortgagee, threatened with extension, buys the
interest of a mortgagee 'but one' above, to tack his interest onto that
of the first, jumoning his puisne charge in priority. I didn't
understand that either for many years. 'This figure has been used to
denote the condition of a third mortgagee, who obtained his mortgage
without any knowledge of a second mortgage, and then, being puisne,
takes the first encumbrance; in this case he shall squeeze out and have
satisfaction before the second.' (Inspired by McKellar, David A of Hong
Kong) |
|
talem qualem |
'with such qualities' (?) |
Take you victim as you find him. Sometimes known as the eggshell skull
rule. If you kick somebody up the bottom, and he turns out to have a
exceptionally delicate bottom, then you are responsible for all the
damage which flows from the kick, even if it goes well beyond what you
might expect of someone with a standard type bottom. |
|
turpis causa |
evil cause |
Refers to a cause of action which is corrupt. Part of a longer phrase
'Ex turpi causa no oritur actio' - no case can be brought relying upon
an evil cause. |
|
uberrimae fidei |
utmost good faith |
'Of
utmost good faith' is a term used to describe the duties owed by one
person to another when a contract brings them particularly close. The
two areas in which it principally appears are insurance law, and
partnership law. In each case, one part is said to owe the other a duty
of the utmost good faith. Frequently used becasue partners and insurance
policy holders are notorious for not being entirely straight.
|
|
ubi
non est principalis non potest esse accessorius |
|
Where there is no principal there is no accessory |
|
ubi
ius ibi remedium |
wherever there is a right there is a remedy |
coined by Lord Holt in Ashby v White (1703) 2 Ld Raym 955. This seems
now somewhat optimistic, but suggests that if a court finds a right, it
would not normally make sense to find, at the same time, that there is
no way of enforcing it.
For some strange reason, it seems to be
usually quoted when denying a that there is a right. If the claimant
cannot find an appropriate remedy, he cannot have had a right. |
|
ultra vires |
outside the powers |
Certain bodies operate under powers given to them explicitly by statute
or by their rules. An act outside the scope allowed is called 'ultra
vires'. See also intra vires |
|
Cujus eft folum, ejus eft ufque ad coelum
or Cujus eft folum, ejus eft ufque ad coelum et ad inferos |
To
whomever belongs the land owns also to the heavens and the depths' |
I
cannot improve upon Blackstone (though he may still need a little
translation): "Land hath alfo, in it's legal fignification, an
indefinite extent, upwards as well as downwards. Cujus eft folum, ejus
eft ufque ad coelum, is the maxim of the law, upwards; therefore no man
may erect any building, or the like, to overhang another's land: and,
downwards, whatever is in a direct line between the furface of any land,
and the center of the earth, belongs to the owner of the furface; as is
every day's experience in the mining countries. So that the word "land"
includes not only the face of the earth, but every thing under it, or
over it. And therefore if a man grants all his lands, he grants thereby
all his mines of metal and other foffils, his woods, his waters, and his
houfes, as well as his fields and meadows. Not but the particular names
of the things are equally fufficient to pafs them, except in the
inftance."
Blackstone |
|
uti
possedis |
right of one having taken possession |
A
sort of international law right of possession. In theory if one country
invades another and takes land by force, generally everyone gets around
eventually to giving up on trying to change it.
It is not clear nowadays whether it has any validity - though it might
if we did it. See Palestine, and Israel. |
|
Ut
res magis valeat quam pereat
or magis est ut res valeat quam pereat |
That the matter may have effect rather than fail |
An
interpretation taken to allo wproceedings to have effect rather than
fail(?). Original tranlation by Bill Anderson - ewa@powerup.com.au -
many thanks. |
|
venire de novo |
come back again |
Equivalent to a retrial. |
|
Videlicet |
that it be seen |
usually shown as 'viz' - 'for which see' |
|
volenti non fit injuria |
a
volunteer may not claim for his damage |
Where somebody takes on himself a known risk voluntarily, he cannot
complain in damages for the foreseen injury resulting. This is often
used in defences to actions for sports injuries - if you are daft enough
to get into the ring with Mike Tyson - do not complain if he hits you
(though you can if he bites). |
