"Carpe diem" ("seize the day"), they say. But that's easier said than done when you're bogged down with pages of legalese.
Latin can be confusing at the best of times – especially when it's essential to understanding a legal document.
Love or loathe it, it's not going away anytime soon. That's why we've put together some more key terms that you're likely to see – and lawyers are likely to use. If you haven't read part one,
catch up here.
This time we've chosen a mix of common and not-so-common words and phrases. Nonetheless, all of them are still in use to this day.
Let's take a look.
a priori
A term likely familiar to students of philosophy, "a priori"
translates as "from the earlier". It's a rather tricky term to get to grips with, but at its simplest refers to any knowledge or fact that doesn't require evidence to prove.
For example, "one plus one equals two" is an
a priori statement, as it needs little or no evidence to back it up. Just as the statement "all buildings were built" is justified without knowing anything about any of the buildings.
Contrast this with "a posteriori", meaning "from later", or "after the facts", referring to a claim made from observations and evidence.
ad hominem
An
ad hominem
is used to divert attention from an argument onto some aspect of the person arguing it, often in a manner that is irrelevant to the terms of the dispute.
It literally means "to the person" and is intended to undermine or discredit someone's case.
If you are losing an argument, you might resort to
ad hominems
to derail your opponent. Ultimately, they do little to strengthen your case and may cause people to question your motives.
You'd be surprised at how common
ad hominems are bandied around. You might suggest to a friend that they cut down their drinking because it's damaging their relationships, to which they reply, "but you drink too". It may be the case, but it's not relevant to the specific argument you're making.
compos mentis
"Sound of mind" or "having control of one's mind". Conversely, "non compos mentis"
indicates an individual is not of sound mind, possibly because they're mentally ill or incapable of rational thought.
ergo
Made memorable by the French philosopher Rene Descartes in his pronouncement "cogito, ergo sum" – "I think,
therefore I am".
"Ergo"
is just the Latin for "therefore", but is commonly found joining other Latin terms like "post hoc ergo propter hoc",
meaning "after this, therefore because of this".
In general, it denotes that something logically proceeds from another thing. "He was hungry,
ergo
he ate the apple", say.
in absentia
A term meaning "while absent" and used when a ruling or procedure is made in the absence of a particular party. In some countries, a defendant may be convicted
in absentia
after not turning up to trial, for example.
ipso facto
When one fact is a direct consequence of another. "Ipso facto"
means "by the fact itself", or "in and of itself".
You can think of "ipso facto" as a way of saying "because of this fact alone". It's widely used in literature and academia as a short-hand modifier to stress a point.
For example, you might say "The popularity of digital streaming platforms has,
ipso facto,
reshaped the music industry". Here, we are saying that digital streaming, as a fact
alone, has had a huge impact on the music industry, in spite of other contributing factors.
modus operandi
If you've watched any crime drama, you may have heard the phrase "what's the suspect's MO?" and wondered what they were talking about.
"Modus operandi" – or MO for short – means "mode of operating". It is commonly used in investigations to refer to the behaviour and actions of criminals, leading to possible motives for a crime.
persona non grata
You've probably met one of these at a party or a social event… The phrase loosely means "a person not welcome" and is generally used to designate an unpopular individual.
In legal speak, however,
persona non grata
is
a status given to a visiting foreign diplomat whereupon they are required to return home at the behest of the hosting nation.
quasi
The word "quasi"
is one of the more popular Latin terms in everyday use. You often see it prefixed to another word – for example,
quasi-scientific. Its English translation is "as if", and means that the thing you are referring to resembles the genuine article but is in fact not – if only for a few minor details.
In common law, there exist contracts called "quasi-contracts". These are "fictional contracts" drawn up between parties in the absence of a traditional contract – usually to guarantee some form of compensation to either party.
sine qua non
When an event, situation or fact would not exist without another. The phrase generally translates as "without which nothing/not" and is used in both law and medicine. In each case, it's used to refer to something that is an essential condition for something else.
For instance, you might say "the leaked emails were the
sine qua non
for all public inquiries to follow". Or, "the discovery of semiconductors is the
sine qua non
for all modern electronics".
veto
"Veto" means "forbid". It is an executive power that can be used to block legislative action. You may remember the 2011
veto
used by David Cameron to block an EU treaty to resolve a crisis with the euro.
viz
No, it's not the infamous adult comic. Actually, you're likely to find this word in legal documents and academic papers alike. It's basically shorthand for "namely" and is used when listing or detailing examples to further a point, or as a setup to the point itself.
Examples of its use include:
If you're looking for legal advice without the jargon,
get in touch with Milners Law today. Our team of approachable, plain-talking
Yorkshire lawyers combine their breadth of expertise and knowledge to find the best legal solution for you.
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