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Questions and Answers
In a legal context, if a judge references a principle as the 'ratio decidendi', what are they referring to?
In a legal context, if a judge references a principle as the 'ratio decidendi', what are they referring to?
- A legal protector for citizens unable to protect themselves.
- The rule of law on which a judicial decision is based. (correct)
- The formal request from a court to a foreign court for judicial assistance.
- A point without a precedent, entire matter, untouched by prior rulings.
What is the significance of the Latin term 'caveat emptor' in commercial transactions?
What is the significance of the Latin term 'caveat emptor' in commercial transactions?
- It means 'let the buyer beware', placing the onus on the buyer to ensure the suitability of goods before purchase. (correct)
- It prevents the buyer from seeking legal remedies for defects after the sale.
- It implies the existence of a hidden defect unknown to both the seller and the buyer.
- It means the seller is responsible for any defects, whether known or unknown.
In legal proceedings, if evidence is admitted 'ex parte', what does this imply about the process?
In legal proceedings, if evidence is admitted 'ex parte', what does this imply about the process?
- It was admitted provisionally, pending further investigation.
- It was admitted as direct evidence of the crime.
- It was admitted without the presence or participation of the opposing party. (correct)
- It was admitted with the consent of all parties involved.
Under what circumstance might a lawyer invoke 'Res Ipsa Loquitur'?
Under what circumstance might a lawyer invoke 'Res Ipsa Loquitur'?
When a court proceeds 'suo moto' in a case, what does this indicate about the court's actions?
When a court proceeds 'suo moto' in a case, what does this indicate about the court's actions?
If conduct is described as 'Mala Fide' what does this imply?
If conduct is described as 'Mala Fide' what does this imply?
How does the concept of 'Animus Possidendi' relate to property law?
How does the concept of 'Animus Possidendi' relate to property law?
When a lawyer provides services 'pro bono publico', what does this indicate about the nature of their work?
When a lawyer provides services 'pro bono publico', what does this indicate about the nature of their work?
What does 'Audi Alteram Partem' ensure in legal and administrative proceedings?
What does 'Audi Alteram Partem' ensure in legal and administrative proceedings?
When a decision is made 'Ad hoc', what is the scope of its applicability?
When a decision is made 'Ad hoc', what is the scope of its applicability?
Flashcards
Ab initio
Ab initio
From the very beginning, the start of something.
Ab extra
Ab extra
From outside.
Ad idem
Ad idem
Agreement; a meeting of the minds by parties.
Ad infinitum
Ad infinitum
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Ad nauseum
Ad nauseum
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Ad valorem
Ad valorem
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Alibi
Alibi
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Mala fide
Mala fide
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Caveat emptor
Caveat emptor
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De facto
De facto
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Study Notes
- The text provides a list of Latin words and expressions along with their meanings
Latin Words and Expressions
- Ab initio: From the very beginning or the start of something
- Ab extra: From outside
- Ad idem: In agreement or meeting of the minds by parties
- Ad infinitum: To continue forever, without limit
- Ad nauseum: Disgusting or ridiculous to the extent of causing nausea (vomiting)
- Ad valorem: Proportionate to the value
- Alibi: At another place, elsewhere, or the state of being elsewhere at the time
- Ambiguitas latens: Latent ambiguity not appearing on instant inspection
- Ambiguitas patens: An ambiguity that readily appears on the face of a document or instrument
- Amicus curiae: A non-party who advises the court; "friend of the court"
- Animus possidendi: An intention to possess
- Audi alteram partem: Let the other side be heard as well
- Bona fide: Real, genuine, sincere, made or carried out in good faith
- Mala fide: Dishonest, made or carried out in bad faith
- Caveat emptor: Let the buyer beware
- De facto: Of fact, in reality
- De jure: Of law, officially
- De novo: Afresh, from the beginning
- Ejusdem generis: Of the same kind or nature
- Ex gratia: A favour or gift that is not legally necessary
- Ex parte: Without the presence or participation of the opposite party
- Ex post facto: Retroactive, affecting something that has already happened
- Fait Accompli: Accomplished and cannot be changed now
- Fiat justitia: Let the justice be done though the heavens fall
- Inter alia: Amongst other things
- In limine: At the outset, on the threshold; An order excludes evidence and directs parties not to refer to excluded matters during trial
- Jus ad rem: A right to a thing
- Jus in personam: Right against a person
- Letter rogatory: Formal request from a court to a foreign court for judicial assistance
- Locus standi: Right to bring an action, sufficient connection and harm from the law or action
- Modus operandi: Method of operation or a particular way of doing something
- Mutatis mutandis: Having changed what needs to be changed, once the necessary changes have been made
- Nudum pactum: Naked promise, bare promise
- Obiter: Said in passing, statements lack precedent but can be significant
- Onus probandi: Burden of proof, assertion, including production and persuasion burdens
- Parens patriae: Parent of the nation or legal protector of citizens unable to protect themselves
- Pari passu: Side by side, at the same rate, equally, on equal footing
- Per incuriam: Through lack of care
- Prima facie: At first sight, based on first impression
- Pro bono publico: Professional work undertaken voluntarily and without payment
- Quid pro quo: A favour or advantage granted in return for something
- Ratio decidendi: The rule of law on which a judicial decision is based
- Raison d'etre: Reason for being or something's existence
- Res integra: A point without precedent, an untouched matter
- Res nullius: Nobody's thing, belonging to no one
- Sine qua non: An essential condition, something absolutely necessary
- Intra vires: Within one's legal power or authority
- Ultra vires: Acting beyond one's legal power or authority
- Actus reus: A guilty act, such as theft
- Ad hoc: For a particular purpose
- Sine die: No fixed date to continue
- Alias: A false name
- Ante: Before
- Caveat: A warning
- Certiorari: Order by the High Court that a case should be reviewed
- Habeas Corpus: A writ to order a person's release from unlawful imprisonment; Produce the body in court
- Estoppel: A rule of law prevents someone from denying a previous statement if someone acted on it and their position changed
- Fiduciary: In a position of trust
- Mens rea: The intention to commit a crime and knowledge that an act is wrong
- Per: Through, by
- Per pro: On behalf of
- Per quod: In accordance, whereby
- Per se: In itself, by itself
- Pro rata: In proportion
- Res ipsa loquitur: Proof is not needed because the facts speak for themselves
- Sub judice: Something being dealt with by a court cannot be discussed outside the court
- Sui generis: Something in a particular category or is the only one of its class
- Sui juris: Someone who can enter into a contract without restriction
- Supra: Above
- Infra: Below, Inside
- Terra: Land
- Uberrimae fidei: Of the utmost good faith
- Writ: A court order to do or not do something
- A fortiori: From stronger argument
- Ad litem: As regards the action
- Ad referendum: Subject to reference
- Erratum: An error in printing or writing
- Ex officio: By virtue of holding an office
- Ibid: In the same place
- Ignorantia juris non excusat: Ignorance of law is not an excuse
- In camera: In chamber, in private
- In curia: In open court
- In re: In the matter of
- Ipso facto: By that very fact or act
- Quasi: As if, almost
- Res judicata: A matter that has been decided, judicial pronouncements
- Sic: So, thus, used to show quoted word stands as it is in the original
- Mandamus: We command, a command issued to public officials or bodies
- Quo warranto: By what warrant, stops usurpation of public office
- Prohibition: Writ by Supreme Court and High Court to lower courts exceeding jurisdiction
- Suo moto/Suo motu: On its own motion
- Ad interim: In the meantime, temporarily
- Et al, Et alii, Et alia: And others
- Et cetera: And other things
- Exempli gratia (e.g.): For the sake of example
- In absentia: In absence
- In toto: In total, totally
- Inter se: Among themselves
- Nota bene (NB): Note well
- Per capita: By head, per head
- Vice versa: The other way around
- Vide: See
- Videlicet (viz.): Namely
- Veto: I forbid
- Sub modo: Subject to modification
- Status quo/Status quo ante: The state of affairs that existed previously
- Vox populi: The opinions or beliefs of the majority
- Ad infinitum: To infinity, to continue forever
- Ex facie: On the face
- Per contra: In contrast to, by that against
- Pro per/Pro se: For himself
- Pro tem/Pro tempore: Temporary
- Id est (i.e.): That is, in other words
- Apropos: Regarding, concerning
- Jus naturale: Natural justice
- Magnum opus: A great work of literature
- Nemo dat quod non habet: No one can give a better title than he has
- Sciens: Knowingly
- Sui generis: Unique
- Vervatim: Word by word, exactly
- Legum Baccalaureus/Juris Doctor: Bachelor of Laws (LLB)
- Philosophiae Doctor: Doctor of Philosophy (PhD)
- Ante meridiem (AM): Before midday
- Post meridiem (PM): Past midday, after midday
- Diem: Day
- Mensem: Month
- Annum: Year
- Audio: I hear
- Dictum factum: What is said is done
- Fac simile/Facsimile: Make alike (Fax)
- In memoriam: In memory of
- Versus: Against
- Viva Voce: With living voice, by word of mouth
- Curriculum vitae: Course of one's life
- Bonus: Good, extra sum
- Ergo: Therefore
- Pro forma: As a matter of form
- Ad rem: To the point
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