Questions tagged [legal-latin]

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Is there Latin phrase for english expression "default" or "by default" or "defaulty"

I was wondering if there is a stock Latin phrase in English for something that is the default, done by default, or something that exists just the way it is, something that is since always. For example:...
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7 votes
2 answers
133 views

Why the future perfect tense in "quamdiu se bene gesserit"?

The legal term quamdiu se bene gesserit means "as long as he shall behave himself well" (1) and is used when granting an office for an indeterminate time. See this entry in Black's Law ...
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4 votes
2 answers
124 views

'Concepturus' and 'nasciturus' in legal terminology

When speaking of the rights of and refering to the one to be conceived in Law we use "concepturus" Which is the future active participle. If we wanted to correctly speak of and refer to the ...
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6 votes
1 answer
640 views

Translate "emptio spei" and "emptio rei speratae" to English

I would like to have the translation (in context and word by word) of the expressions "emptio spei" and "emptio rei speratae", which are used in Law as types of contracts; emptio ...
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3 votes
1 answer
465 views

Meaning of Latin expression in the law context

Please, explain to me the meaning of the Latin quote 'sensum, non verba spectamus'with some example-situation of using that quote. Thank you for any help!
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5 votes
1 answer
110 views

Proper use of "tenaciter servanda"

How would it be proper to characterise (adverbially or adjectivally) longus usus, opinio juris so as to mean a belief of law (belief of a legal requirement) in long use holding uninterrupted and ...
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5 votes
1 answer
232 views

If ex postfacto is after the fact, what is during the fact?

In law, ex post facto is used to refer to something done after the fact. I'm interested to know what Latin phrase would mean done during or simultaneously with the fact.
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3 votes
1 answer
107 views

Latin for "vexatious Litigant"

My days of decent knowledge of Latin are a little in the past since I passed my Latinum, and I am trying to get a good translation for what modern US courts call "vexatious litigant" into ...
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  • 131
5 votes
2 answers
175 views

How to say "search warrant" in Latin?

In law enforcement (and the judicial system in general in the U.S.) nearly every legal process has a Latin term. Although, one has escaped us and our legal staff. Our agency is looking for a Latin ...
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2 votes
1 answer
46 views

How does ancient and modern arbitration differ?

There is a legal thing called arbitration in modern world, and the Romans seem to have had the word arbitratio. I wonder whether the modern arbitration and the Roman arbitratio (and the related words ...
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4 votes
1 answer
221 views

Latin term for a position which someone holds by dint of holding another position

I know I have heard this expression before, and that it's quite a common one. There is a widely-used Latin term which describes a position which one holds, automatically, by dint of holding another ...
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6 votes
3 answers
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Where does the phrase "mors omnia solvit" come from?

A couple of years ago I stumbled across the phrase "mors omnia solvit", and I got the impression that it was a rather well establihed saying. Now I started to research the source of this phrase (for ...
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7 votes
1 answer
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What does 'iure civili' mean in Apuleius VI.23, when Cupid and Psyche get married?

When Cupid and Psyche get married, at the end of their story in Apuleius' Metamorphoses VI.23, Jupiter announces that they will be wed iure civili: Et ad Venerem collata facie, ‘Nec tu,’ inquit ‘...
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7 votes
2 answers
1k views

What is the opposite of 'sui generis'?

Just wondering if there is an accepted opposite of this term, maybe something like 'generalis generis'?
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7 votes
1 answer
212 views

How does "jus" distinguish between "duty" and "right"

Lewis & Short defines jus, juris with a number of concepts that are related but distinct: that which is binding or obligatory; that which is binding by its nature, right, justice, duty I am ...
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12 votes
1 answer
907 views

Comparing ius sacrum and fas

I would like clarification on two related divine and legal terms: ius sacrum and fas. They can both be translated as "divine law", but I do not think they are the same thing. I have an idea of what ...
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8 votes
1 answer
329 views

"Argumentum ad" vs. "argumentum a"

Is there a difference in meaning between argumentum ad and argumentum a? Does the latter even have authoritative usage in Latin?* Here are some samples that I've found, not always from authoritative ...
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6 votes
1 answer
244 views

correct spelling of jus domicilii, jus soli, and jus nexi

I understand that that the correct spelling of the legal term for law of residence is: "jus domiciliī" (with a line over the i), and "just solī" (with the line) for law of soil. Would it also be jus ...
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5 votes
1 answer
875 views

Translating "Contra principia negantem non est disputandum"

In the legal and logical maxim Contra principia negantem non est disputandum, what exactly does principia mean? In English, the word principle means an abstract proposition, or something deep in the ...
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10 votes
1 answer
234 views

Quando "a fortiori" ortum est?

Quando vocabulum a fortiori (sive a fortiore) ortum est ut nomen artis legis logicæve? In quo opere scripto primum apparuit? Volo intellegere eius rationem originis verificareque verbum elisum "...
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10 votes
1 answer
144 views

Interpreting symbol at the end of entries in Latin probate act book?

While transcribing entries in a 16th century Latin probate act book, I have come across a symbol that commonly appears at the end of entries, and sometimes within entries: What does it represent? Is ...
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18 votes
2 answers
634 views

Nonne "a fortiori, a priori, a posteriori" solecismi sunt?

Are the terms a fortiori, a priori, and a posteriori bad Latin? If so, how and when did they become established? I understand that the dative case never takes a preposition in Latin—a most welcome ...
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