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The burden of proof lies on the ______ according to the principle 'Actori incumbit onus probandi.'
The burden of proof lies on the ______ according to the principle 'Actori incumbit onus probandi.'
plaintiff
A contract and agreement may overcome the law, as referenced in 'Conventio et modus vincunt ______.'
A contract and agreement may overcome the law, as referenced in 'Conventio et modus vincunt ______.'
legem
The term 'Bona fide' refers to actions taken in ______, indicating sincere intentions.
The term 'Bona fide' refers to actions taken in ______, indicating sincere intentions.
good faith
'Caveat emptor' warns that the ______ must beware when making a purchase.
'Caveat emptor' warns that the ______ must beware when making a purchase.
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The legal maxim 'Damnum sine injuria' means damage without ______.
The legal maxim 'Damnum sine injuria' means damage without ______.
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'Actio non datur non damnificato' signifies that an action is not provided for someone who has not been ______.
'Actio non datur non damnificato' signifies that an action is not provided for someone who has not been ______.
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No action arises on a contract without ______, as stated in 'Ex nudo pacto actio non oritur.'
No action arises on a contract without ______, as stated in 'Ex nudo pacto actio non oritur.'
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To steal is characterized by 'Animo ______.'
To steal is characterized by 'Animo ______.'
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The principle of ______ servanda est emphasizes that good faith is to be preserved in contractual agreements.
The principle of ______ servanda est emphasizes that good faith is to be preserved in contractual agreements.
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The term ______ refers to a guilty state of mind that is essential for establishing liability in tort cases.
The term ______ refers to a guilty state of mind that is essential for establishing liability in tort cases.
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In tort law, the phrase ______ est celare fraudem means that it is a fraud to conceal a fraud.
In tort law, the phrase ______ est celare fraudem means that it is a fraud to conceal a fraud.
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According to the principle of ______ non oritur actio, a wrong action cannot arise from an immoral contract.
According to the principle of ______ non oritur actio, a wrong action cannot arise from an immoral contract.
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The concept of ______ ad rem; jus in re distinguishes between a right to a thing and a right in a thing.
The concept of ______ ad rem; jus in re distinguishes between a right to a thing and a right in a thing.
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The legal term ______ corpus is a writ that allows individuals to seek relief from unlawful detention.
The legal term ______ corpus is a writ that allows individuals to seek relief from unlawful detention.
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The phrase ______ non oritur ex injuria states that the law does not arise from a mere injury.
The phrase ______ non oritur ex injuria states that the law does not arise from a mere injury.
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In legal matters, the concept of ______ mala in se refers to acts that are inherently wrong.
In legal matters, the concept of ______ mala in se refers to acts that are inherently wrong.
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Ubi jus ibi ______ est – Where there is a right there is a remedy.
Ubi jus ibi ______ est – Where there is a right there is a remedy.
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Quid pro ______ – Consideration. Something for something.
Quid pro ______ – Consideration. Something for something.
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Volenti non fit ______ - An injury is not done to one consenting to it.
Volenti non fit ______ - An injury is not done to one consenting to it.
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Sic utere tuo ut alienum non ______ - So use your own as not to injure another's property.
Sic utere tuo ut alienum non ______ - So use your own as not to injure another's property.
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Stare ______ - To stand by decisions (precedents).
Stare ______ - To stand by decisions (precedents).
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Study Notes
Roman Law Concepts
- Ab extra: From outside.
- Ab Initio: From the beginning.
- Abundans cautela non nocet: Abundant caution does no harm.
- Actio non datur non damnificafo: An action is not given to one who is not injured.
- Actiones legis: Law suits.
- Actori incumbit onus probandi: The burden of proof lies on the plaintiff.
- Actus reus: A guilty deed or act.
- Ad hoc: For this purpose.
- Ad infinitum: Forever, without limit, to infinity.
- Aedificare in tuo proprio solo non licet quod alteri noceat: It is not lawful to build on one's own land what may be injurious to another.
- Aequitas legem sequitur: Equity follows the law.
- Alibi: At another place, elsewhere.
- Aliunde: From elsewhere, or, from a different source.
- Animo furandi: With an intention of stealing.
- Animo testandi: With an intention of making a will.
- Ante: Before.
- Assentio mentium: The meeting of minds, i.e. mutual assent.
- Bona fide: Sincere, in good faith
- Caveat emptor: Let the purchaser beware.
- Caveat venditor: Let the seller beware.
- Ceteris paribus: Other things being equal.
- Consuetudo loci observanda est: The custom of the place is to be observed.
- Contra: To the contrary.
- Contra bonos mores: Against good morals.
- Contractus est quasi actus contra actum: A contract is an act as it were against an act.
- Conventio et modus vincunt legem: A contract and agreement overcome the law.
- Corpus: Body
- Damnum sine injuria: Damage without legal injury
- De facto: In fact.
- De jure: Rightful, by right.
- Debitum et contractus sunt nullius loci: Debt and contract are of no particular place.
- Debitum in praesenti, solvendum in futuro: A present debt is to be discharged in the future.
- Delegata potestas non potest delegari: A delegated authority cannot be again delegated.
- Dominium: Ownership.
- Et cetera: Other things of that type.
- Ex nudo pacto actio non oritur: No action arises on a contract without a consideration.
- Ex turpi causa non oritur actio: No action arises on an immoral contract.
- Factum: An act or deed.
- Falsa demonstratio non nocet: A false description does not vitiate.
- Fides servanda est: Good faith is to be preserved.
- Fraus est celare fraudem: It is a fraud to conceal a fraud.
- Fructus naturales: Vegetation which grows naturally without cultivation.
- Generalis regula generaliter est intelligenda: A general rule is to be generally understood.
- Habeas corpus: That you have the body
- Idem: The same person or thing.
- Ignorantia facti excusat, ignorantia juris non excusat: Ignorance of fact excuses, ignorance of law does not excuse.
- In delicto: At fault
- In esse: In existence
- In futoro: In the future
- In omnibus: In every respect.
- In pari delicto potior est conditio possidentis: When the parties are equally in the wrong, the condition of the possessor is better.
- In personam: Against the person.
- In situ: In its place
- Indicia: Marks, signs.
- Injuria non excusat injuriam: A wrong does not excuse a wrong.
- Inter alia: Amongst other things.
- Interim: Temporary, in the meanwhile.
- Ipso facto: By that very fact
- Jus: A right that is recognised in law.
- Jus ad rem; jus in re: A right to a thing; a right in a thing.
- Jus naturale: Natural justice.
- Lex neminem cogit ad vana seu impossiblia: The law compels no one to do vain or impossible things.
- Lex non oritur ex injuria: The law does not arise from a mere injury.
- Lex punit mendaciam: The law punishes falsehood.
- Mala fide: In bad faith.
- Mala in se: Bad in themselves.
- Mala prohibita: Crimes prohibited.
- Mandamus: We command.
- Mens rea: Guilty state of mind.
- Nemo contra factum suum venire potest: No man can contradict his own deed.
- Nexus: Connection
- Nisi: Unless
- Non compus mentis: Not of sound mind and understanding.
- Par delictum: Equal fault
- Pari passu: On an equal footing.
- Per curiam: In the opinion of the court.
- Post mortem: After death.
- Prima facie: On the face of it.
- Pro rata: In proportion.
- Pro tempore: For the time being.
- Publici juris: Of public right.
- Quantum: How much, an amount.
- Quid pro quo: Consideration.
- Re: In the matter of.
- Res: Matter, affair, thing, circumstance.
- Res gestae: Things done.
- Res inter alios acta alteri nocere non debet: Things done between strangers ought not to affect a third person, who is a stranger to the transaction.
- Res judicata accipitur pro veritate: A thing adjudged is accepted for the truth.
- Res nulis: Nobody's property.
- Salus populi est suprema lex: The safety of the people is the supreme law.
- Sic utere tuo ut alienum non laedas: So use your own as not to injure another's property.
- Stare decisis: To stand by decisions (precedents).
- Sub modo: Within limits.
- Sub silentio: In silence.
- Sui generis: Unique.
- Ubi jus ibi remedium est: Where there is a right there is a remedy.
- Verbatim: Word by word, exactly.
- Vice versa: The other way around.
- Vide: See.
- Volens: Willing.
- Volenti non fit injuria: An injury is not done to one consenting to it.
- Voluntas reputatur pro facto: The will is taken for the deed.
Other Legal Concepts
- Falsa demonstratio non nocet - A false description doesn't invalidate
- Idem - Same person or thing
- Prima facie - On the face of it
- Pro rata - In proportion
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Dive into the essential concepts of Roman Law with this quiz. Explore key terms and phrases that have shaped legal principles throughout history. Perfect for law students and enthusiasts looking to enhance their understanding of legal terminology.
