The law loves Latin. It's one of the few fields – along with science and academia – where the language is still regularly used.
That's not to say we wander around our offices asking "quid agis?" or "vis aquila capulus?". (That's "how are you?" and "would you like some coffee?", at least according to Google Translate.)
No, that would be ridiculous. However, if you spend any time perusing legal documents or court transcripts, you're likely to spot a few Latin terms that might leave you scratching your head.
These terms act as shorthand for common legal concepts. For us lawyers, they're like saying "arvo" for "afternoon", or "ROFL" for "rolling on the floor laughing".
Of course, we never use these befuddling phrases when we talk to you. At Milners, we're all about providing jargon-free, no-nonsense legal advice – so we leave our Latin phrasebooks at the door when it's time for a client meeting.
Consider this a quick reference guide, in case you come across some legal Latin and need a definition, pronto.
("Pronto" comes from the Latin "prōmptus", for the record.)
ad hoc
You may have come across this one before. But does it mean what you think it means?
Outside of the legal world, "ad hoc" is generally used to mean "as necessary". A person might say "I've submitted invoices on an
ad hoc
basis" – in other words, they've submitted them as and when required.
The legal definition is a little more specific. Lawyers tend to use it to indicate a solution that's designed to address a single problem. For instance, a committee is an
ad hoc
committee if it's set up for one purpose and one purpose only.
This is closer in meaning to the Latin, which translates directly as "for this".
affidavit
A formal, written statement of fact made under oath. Affidavits are used as evidence in court.
bona fide
Here's another one with a different legal meaning.
In general speech, "bona fide" means "the real deal" – as in, "this pizza is
bona fide Italian". In law, it means "in good faith".
For example, if you're a
bona fide purchaser, it means you've bought something with honest intentions – you have no suspicions of the seller or their motives.
bona vacantia
"Bona vacantia"
literally means "goods without an owner". It's often used to refer to unclaimed estates. In the UK, these are considered
bona vacantia
until
caveat
On its own, "caveat" is used as a warning. It basically means "beware".
You may also have heard the phrase "caveat emptor". This means "buyer beware" or, less literally, "buy at your own risk".
Caveat emptor is used in situations where it's the buyer's responsibility to check goods for defects. Say you buy a house, ignoring the fact that the roof is hanging off. If the roof subsequently
falls off, you might not get compensation from the seller because it was up to you to notice the problem. That's
caveat emptor.
de facto
"De facto" means roughly the same thing in law as in general speech. It refers to something that's generally understood to be true, even if it isn't enshrined in law or otherwise officially sanctioned.
The opposite is "de jure", which literally means "according to law".
et al
If you've ever read an academic paper, you'll have come across "et al". It means "and others", and is usually used when citing authors of a study or legal article. For instance, you might write "Dobson, Smith et al., 2015" for the sake of space, rather than listing all contributors individually.
mea culpa
"I am culpable" or "it was my fault". An admission of guilt or wrongdoing.
prima facie
"Prima facie" means, roughly, "at face value". In a legal context, it often refers to a
prima facie case – a case with enough essential evidence to be considered.
For example, if a prosecutor wants to accuse a defendant of burglary, they have to at least prove that
Without these essential facts, an argument isn't considered
prima facie
– it doesn't, on the face of it, appear to be true.
You've no doubt heard lawyers on crime shows talk about "building a case". What they're building is a collection of
prima facie
evidence.
pro bono
This phrase has nothing to do with the popular Irish rock band U2, unfortunately. It means "for good", and refers to work done for free. A lawyer might work
pro bono
to build their skills or reputation, or simply because they want to do some good for the world.
pro forma
"Pro forma" means "for the sake of form", and has several meanings depending on context.
In finance, it refers to statements based on "what ifs". If you want to see how your business would perform with a £1 million cash injection, you might create a
pro forma statement based on these inflated (and imaginary) calculations.
In law, it typically refers to court rulings that are made for the sake of progress or as formalities.
pro per
This is an abbreviation of "propria persona", which literally means "own person". It's used when someone represents themself in court without legal help.
quid pro quo
"This for that." Exchanging property or services for something of equal value. This can be a positive or negative thing, depending on context.
For instance, if a contract seems unfair or one-sided, a court may render it void on the basis that it doesn't follow the principle of
quid pro quo. In politics, however,
quid pro quo
can refer to shady dealings – "I'll do this for you if you do this for me".
supra
Another term you might have spotted in academic citations. It simply means "above". If a lawyer writes "see supra note 5", they mean "see note 5 above".
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