ab
initio |
: |
from the
beginning. |
locus
standi |
: |
signifies
a right to be heard. |
ad
hoc |
: |
for particular purpose, pertaining to or for the purpose of, this case only. |
mens
rea |
: |
a guilty
mind. |
ad
interim |
: |
in the
meantime |
mesne
profits |
: |
intermediate profits, the profits which a person in wrongful possession of the property actually received or might with ordinary diligence have received therefrom together with interest on such profits excluding the profits due to improvement made by the person in wrongful possession. |
amicus
curiae |
: |
friend of the court; one who voluntarily or on invitation of the court, and not on the instructions of any party, helps the court in any judicial proceedings. |
modus operandi
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: |
mode of operating; the way in which a thing, cause etc. operates. |
audi
alteram |
: |
hear the other side. Both sides should be heard before a decision is arrived at. |
mutatis
mutandis |
: |
with the
necessary changes in points of detail, with such change as may be necessary. |
caveat
emptor |
: |
let the purchaser beware. A maxim implying that the buyer must be cautious, as the risk is his and not that of the seller. |
nexus |
: |
bond,
link or connection. |
cestui
que trust |
: |
a beneficiary under a trust, the person for whose benefit a trust is created. |
non
obstante |
: |
"notwithstanding clause." A legislative device which is usually employed to give overriding effect to certain provisions over some contrary provision that may be found either in the same enactment, or some other enactment, that is to say, to avoid the operation and defect of all contrary provisions. |
de
facto |
: |
in fact : an expression indicating the actual state of circumstances independently of any question of right or title. |
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de
jure |
: |
in law : independent of what obtains in fact. |
obiter
dictum |
: |
an opinion of law not necessary to the decision. An expression of opinion (formed) by a judge on a question immaterial to the ratio decidendi, and unnecessary for the decision of the particular case. It is no way binding on any court, but may receive attention as being an opinion of high authority. |
dehors |
: |
outside of : unconnected with, unrelated to; |
pendente
lite |
: |
during
litigation. |
de
novo |
: |
anew. |
per
incuriam |
: |
through carelessness, through inadvertence. A decision of the court is not binding precedent if given per incuriam, that is, without the court's attention having been drawn to the relevant authorities, or statutes. |
ejusdem
generis |
: |
of the same kind or nature. Where a list of specific items is followed by general concluding clause, this is deemed to be limited to things of the same kind as those specified. |
pro
tanto |
: |
to that
extent, for so much, for as much as may be. |
ex
gratia |
: |
as a
matter of grace or favour. |
quid
pro quo |
: |
the giving of one thing of value for another thing of value; one for the other; thing given as compensation. |
ex
officio |
: |
by
virtue of an office. |
ratio
decidendi |
: |
reasons
for deciding, the grounds of decision. |
ex
parte |
: |
expression used to signify something done or said by one person not in the presence of his opponent. |
res
integra |
: |
an untouched matter; a point without a precedent; a case of novel impression. |
fait
accompli |
: |
an
accomplished act. |
res
judicata |
: |
a case
or suit already decided. |
in
limine |
: |
at the
outset. |
rule
nisi |
: |
a rule to show cause why a party should not do a certain act, or why the object of the rule should not be enforced. |
in
pari materia |
: |
upon the
same matter or subject |
rule
absolute |
: |
when, having heard counsels, court directs the performance of that act forthwith. |
in
personam |
: |
against the person; an act or proceeding done or directed against or with reference to a specific person. |
sine
die |
: |
without
day. |
in
rem |
: |
an act/proceeding done or directed with reference to no specific person or with reference to all whom it might concern. |
sine
qua non |
: |
an
indispensable requisite. |
inter
alia |
: |
amongst
other things. |
stare
decisis |
: |
to stand by things decided; to abide by precedents where the same points come again in litigation. |
inter
vivos |
: |
between
living persons |
status
quo |
: |
existing
condition. |
intestate |
: |
a person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition ("will") capable of taking effect. |
sub
judice |
: |
before a
judge or court, pending decision of a competent count. |
intra
vires |
: |
within the powers; within the authority given by law. |
ultra
vires |
: |
beyond
one's powers. |
ipse
dixit |
: |
he himself said it; there is no other authority for it. |
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ipso
facto |
: |
by the
mere fact, automatically |
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ipso
jure |
: |
by the law itself; by the mere operation of law. |
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lis
pendens |
: |
a
pending suit. |
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