- - A -
A mensa et thoro - From bed and board.
A vinculo matrimonii - From the bond of matrimony.
Ab extra - From outside.
Ab initio - From the beginning.
Absoluta sententia expositore non indiget - An absolute judgment needs no expositor.
Abundans cautela non nocet - Abundant caution does no harm.
Accessorium non ducit sed sequitur suum principale - An accessory does not draw, but follows its principal.
Accessorius sequitur - One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender.
Acta exteriora iudicant interiora secreta - Outward acts indicate the inward intent.
Actio non accrevit infra sex annos - The action has not accrued within six years.
Actio non datur non damnificato - An action is not given to one who is not injured.
Actio personalis moritur cum persona - A personal action dies with the person.
Actiones legis - Law suits.
Actori incumbit onus probandi - The burden of proof lies on the plaintiff.
Actus nemini facit injuriam - The act of the law does no one wrong.
Actus non facit reum nisi mens sit rea - The act does not make one guilty unless there be a criminal intent.
Actus reus - A guilty deed or act.
Ad ea quae frequentius acciduunt jura adaptantur - The laws are adapted to those cases which occur more frequently.
Ad hoc - For this purpose.
Ad infinitum - Forever, without limit, to infinity.
Ad perpetuam rei memoriam - For a perpetual memorial of the matter.
Ad quaestionem facti non respondent judices; ad quaestionem legis non respondent juratores - The judges do not answer to a question of fact; the jury do not answer to a question of Law.
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.
Aequitas nunquam contravenit legem - Equity never contradicts the law.
Alibi - At another place, elsewhere.
Alienatio rei praefertur juri accrescendi - Alienation is preferred by law rather than accumulation.
Aliunde - From elsewhere, or, from a different source
Allegans contraria non est audiendus - One making contradictory statements is not to be heard.
Allegans suam turpitudinem non est audiendus - One alleging his own infamy is not to be heard.
Allegatio contra factum non est admittenda - An allegation contrary to a deed is not to be heard.
Ambiguitas contra stipulatorem est - An ambiguity is most strongly construed against the party using it.
Ambiguitas verborum patens nulla verificatione excluditur - A patent ambiguity is never helped by averment.
Amicus curiae - A friend of the Court.
Angliae jura in omni casu libertati dant favorem - The laws of England are favorable in every case to liberty.
Animo furandi - With an intention of stealing.
Animo testandi - With an intention of making a will.
Annus luctus - The year of mourning.
Ante - Before.
Aqua currit et debet currere, ut currere solebat - Water runs and ought to run.
Arbitrium est judicium - An award is a judgment.
Arbor dum crescit; lignum cum crescere nescit - A tree while it grows, wood when it cannot grow.
Argumentum ab auctoritate fortissimum est in lege - An argument drawn from authority is the strongest in law.
Argumentum ab impossibilii plurimum valet in lege - An argument from impossibility is very strong in law.
Argumentum ad hominem - An argument directed a the person.
Argumentum ad ignoratiam - An argument based upon ignorance (i.e. of one's adversary).
Arma in armatos sumere jura sinunt - The laws permit the taking up of arms against the armed.
Assentio mentium - The meeting of minds, i.e. mutual assent.
Assignatus utitur jure auctoris - An assignee is clothed with rights of his assignor.
Audi alteram partem - Hear the other side.
Aula regis - The King's Court.
- - B -
Benignior sententia in verbis generalibus seu dubiis est preferenda - The more favorable construction is to be placed on general or doubtful words.
Bis dat qui cito dat - He gives (pays) twice who pays promptly.
Bona fide - Sincere, in good faith
Bona vacantia - Goods without an owner
Boni judicis est ampliare jurisdictionem - It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority.
Boni judicis est judicium sine dilatione mandare executioni - It is the duty of a good judge to cause execution to issue on a judgment without delay.
Boni judicis lites dirimere est - It is the duty of a good judge to prevent litigation.
Bonus judex secundum aequum et bonum judicat et aequitatem stricto juri praefert - A good judge decides according to justice and right and prefers equity to strict law.
Breve judiciale non cadit pro defectu formae - A judicial writing does not fail through defect of form.
- - C -
adit quaestio - The matter admits of no further argument.
Cassetur billa (breve) - Let the writ be quashed.
Casus fortuitus non est spectandus; et nemo tenetur divinare - A fortuitous event is not to be foreseen and no person is bound to divine it.
Catalla reputantur inter minima in lege - Chattels are considered in law among the minor things.
Causa proxima, non remota spectatur - The immediate, and not the remote cause is to be considered.
Caveat emptor - Let the purchaser beware.
Caveat venditor - Let the seller beware.
Cepi corpus et est languidum - I have taken the body and the prisoner is sick.
Cepi corpus et paratum habeo - I have taken the body and have it ready.
Ceteris paribus - Other things being equal.
Consensu - Unanimously or, by general consent.
Consensus ad idem - Agreement as to the same things.
Consuetudo loci observanda est - The custom of the place is to be observed.
Contemporanea expositio est optima et fortissima in lege - A contemporaneous exposition is best and most powerful in law.
Contra - To the contrary.
Contra bonos mores - Against good morals.
Contra non valentem agere nulla currit praescriptio - No prescription runs against a person not able to act.
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.
Conventio privatorum non potest publico juri derogare - An agreement of private persons cannot derogate from public right.
Coram Domino Rege - In the presence of our Lord the King.
Coram non judice - Before one who is not a judge.
Corpus - Body.
Corpus delicti - The body, i.e. the gist of crime.
Corpus humanum non recipit aestimationem - A human body is not susceptible of appraisement.
Crescente malitia crescere debet et poena - Vice increasing, punishment ought also to increase.
Crimen omnia ex se nata vitiat - Crime vitiates every thing, which springs from it.
Crimen trahit personam - The crime carries the person.
Cujus est dare, ejus est disponere - He who has a right to give has the right to dispose of the gift.
Cujus est solum, ejus est usque ad coelam; et ad inferos - He who owns the soil owns it up to the sky; and to its depth.
Cum duo inter se pugnantia reperiuntur in testamentis ultimum ratum est - When two things repugnant to each other are found in a will, the last is to be confirmed.
Cursus curiae est lex curiae - The practice of the court is the law of the court.
Custos morum - A guardian of morals.
- - D -
Damnum sine injuria - damage without legal injury.
De bonis asportatis - Of goods carried away.
De bonis non administratis - Of goods not administered.
De die in diem - From day to day.
De facto - In fact.
De futuro - In the future.
De integro - As regards the whole.
De jure - Rightful, by right.
De minimis lex non curat - The law does not notice trifling matters.
De novo - Starting afresh.
Debile fundamentum fallit opus - Where there is a weak foundation, the work fails.
Debita sequuntur personam debitoria - Debts follow the person of the debtor.
Debitor non praesumitur donare - A debtor is not presumed to make a gift.
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.
Derivativa potestas non potest esse major primitiva - The power which is derived cannot be greater than that from which it is derived.
Deus solus haeredem facere potest, non homo - God alone, not man, can make an heir.
Dies Dominicus non est juridicus - Sunday is not a day in law.
Discretio est discernere per legem quid sit justum - Discretion is to discern through law what is just.
Doli incapax - Incapable of crime.
Dominium - Ownership.
Domus sua cuique est tutissimum refugium - Every man s house is his safest refuge.
Dona clandestina sunt semper suspiciosa - Clandestine gifts are always suspicious.
Dormiunt leges aliquando, nunquam moriuntur - The laws sometimes sleep, but never die.
Doti lex favet; praemium pudoris est; ideo parcatur - The law favors dower; it is the reward of chastity, therefore let it be preserved.
Dubitante - Doubting the correctness of the decision.
Duo non possunt in solido unam rem possidere - Two cannot possess one thing each in entirety.
- - E -
Ei incumbit probatio qui - The onus of proving a fact rests upon the man.
Ei incumbit probatio qui dicit, non qui negat - The burden of the proof lies upon him who affirms, not he who denies.
Error, qui non resistitur approbatur - An error not resisted is approved.
Et cetera - Other things of that type.
Ex cathedra - With official authority.
Ex concessis - In view of what has already been accepted/
Ex dolo malo actio non oritur - A right of action cannot arise out of fraud.
Ex facie - On the fact of it.
Ex gratia - Out of kindness, voluntary.
Ex nihilo nil fit - From nothing nothing comes.
Ex nudo pacto actio non oritur - No action arises on a contract without a consideration.
Ex parte - Proceeding brought by one person in the absence of another.
Ex post facto - By reason of a subsequent act.
Ex praecedentibus et consequentibus optima fit interpretatio - The best interpretation is made from things preceding and following.
Ex turpi causa non oritur actio - No action arises on an immoral contract.
Exceptio probat regulam - An exception proves the rule.
Executio est executio juris secundum judicium - Execution is the fulfillment of the law in accordance with the judgment.
Executio est finis et fructus legis - An execution is the end and the fruit of the law.
Executio legis non habet injuriam - Execution of the law does no injury.
Extra legem positus est civiliter mortuus - One out of the pale of the law (i.e. an outlaw) is civilly dead.
- - F -
Faciendum - Something which is to be done.
Factum - An act or deed.
Facultas probationum non est angustanda - The right of offering proof is not to be narrowed.
Falsa demonstratio non nocet - A false description does not vitiate.
Fatetur facinus qui judicium fugit - He who flees judgment confesses his guilt.
Felix qui potuit rerum cognoscere causas - Happy is he who has been able to understand the causes of things.
Felonia implicatur in qualibet proditione - Felony is implied in every treason.
Festinatio justitiae est noverca infortunii - The hurrying of justice is the stepmother of misfortune.
Fictio cedit veritati; fictio juris non est, ubi veritas - Fiction yields to truth. Where truth is, fiction of law does not exist.
Fides servanda est - Good faith is to be preserved.
Fieri facias (abreviated fi. fa.) - That you cause to be made.
Filiatio non potest probari - Filiation cannot be proved.
Firmior et potentior est operatio legis quam dispositio hominis - The operation of law is firmer and more powerful than the will of man.
Forma legalis forma essentialis est - Legal form is essential form.
Fortior est custodia legis quam hominis - The custody of the law is stronger than that of man.
Fractionem diei non recipit lex - The law does not regard a fraction of a day.
Fraus est celare fraudem - It is a fraud to conceal a fraud.
Fraus est odiosa et non praesumenda - Fraud is odious and is not to be presumed.
Fraus et jus nunquam cohabitant - Fraud and justice never dwell together.
Fructus naturales - Vegetation which grows naturally without cultivation.
Frustra probatur quod probatum non relevat - That is proved in vain which when proved is not relevant.
Furor contrahi matrimonium non sinit, quia consensus opus est - Insanity prevents marriage from being contracted because consent is needed.
- - G -
Generale nihil certum implicat - A general expression implies nothing certain.
Generalia praecedunt, specialia sequuntur - Things general precede, things special follow.
Generalia specialibus non derogant - Things general do not derogate from things special.
Generalis regula generaliter est intelligenda - A general rule is to be generally understood.
Gravius est divinam quam temporalem laedere majestatem - It is more serious to hurt divine than temporal majesty.
- - H -
- Haeredem Deus facit, non homo. God and not man, make the heir.
- Haeredem est nomen collectivum. Heir is a collective name.
- Haeris est nomen juris, filius est nomen naturae. Heir is a term of law, son one of nature.
- Haeres est aut jure proprietatis aut jure representationis. An heir is either by right of property or right of representation. 3 Co. 40.
- Haeres est alter ispe, et filius est pars patris. An heir is another self, and a son is a part of the father.
- Haeres est eadem persona cum antecessore. The heir is the same person with the ancestor. Co. Litt. 22.
- Haeres haeredis mei est meus haeres. The heir of my heir is my heir.
- Haeres legitimus est quem nuptiae demonstrant. He is the lawful heir whom the marriage demonstrates.
- He who has committed iniquity, shall not have equity. Francis' Max., Max. 2.
- He who will have equity done to him, must do equity to the same person. 4 Bouv. Inst. n. 3723.
- Hominum caus jus constitutum est. Law is established for the benefit of man.
- - I -
Id est (i.e) - That is.
Id quod commune est, nostrum esse dicitur - That which is common is said to be ours.
Idem - The same person or thing.
Idem nihil dicere et insufficienter dicere est - It is the same to say nothing as not to say enough.
Ignorantia facti excusat, ignorantia juris non excusat - Ignorance of fact excuses, ignorance of law does not excuse.
Imperium in imperio - A sovereignty within a sovereignty.
Impotentia excusat legem - Impossibility is an excuse in the law.
Impunitas semper ad deteriora invitat - Impunity always leads to greater crimes.
In aequali jure melior est conditio possidentis - When the parties have equal rights, the condition of the possessor is better.
In alta proditione nullus potest esse acessorius; sed principalis solum modo - In high treason no one can be an accessory; but a principal only.
In Anglia non est interregnum - In England there is no interregnum.
In camera - In private.
In casu extremae necessitatis omnia sunt communia - In a case of extreme necessity everything is common.
In criminalibus probationes debent esse luce clariores - In criminal cases the proofs ought to be cleared than the light.
In curia domini regis, ipse in propria persona jura discernit - In the King s Court, the King himself in his own person dispenses justice.
In delicto - At fault.
In esse - In existence.
In extenso - At full length.
In fictione legis aequitas existit - A legal fiction is consistent with equity.
In foro conscientiae - In the forum of conscience.
In futoro - In the future.
In jure non remota causa sed proxima spectatur - In law not the remote but the proximate cause is looked at.
In limine - At the outset, on the threshold.
In loco parentis - In place of the parent.
In mortua manu - In a dead hand.
In novo casu novum remedium apponendum est - In a new case a new remedy is to be applied.
In omni re nascitur res quae ipsam rem exterminat - In everything is born that which destroys the thing itself.
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 pleno - In full.
In quo quis delinquit in eo de jure est puniendus - In whatever thing one offends in that he is to be punished according to law.
In re dubia magis inficiatio quam affirmatio intelligenda - In a doubtful matter the negative is to be understood rather than the affirmative.
In republica maxime conservanda sunt jura belli - In a State the laws of war are to be especially observed.
In situ - In its place.
In terrorem - As a warning or deterrent.
In testamentis plenius testatoris intentionem scrutamur - In wills we seek diligently the intention of the testator.
In traditionibus scriptorum non quod dictum est, sed quod gestum est, inspicitur - In the delivery of writings (deeds), not what is said but what is done is to be considered.
In verbis, non verba sed res et ratio quaerenda est - In words, not words, but the thing and the meaning are to be inquired into.
Indicia - Marks, signs.
Injuria non excusat injuriam - A wrong does not excuse a wrong.
Intentio inservire debet legibus, non leges intentioni - Intention ought to be subservient to the laws, not the laws to the intention.
Inter alia - Amongst other things.
Interest reipublicae res judicatas non rescindi - It is in the interest of the State that things adjudged be not rescinded.
Interest reipublicae suprema hominum testamenta rata haberi - It is in the interest of the State that men s last wills be sustained.
Interest reipublicae ut quilibet re sua bene utatur - It is in the interest of the State that every one use properly his own property.
Interest reipublicase ut sit finis litium - It is in the interest of the State that there be an end to litigation.
Interim - Temporary, in the meanwhile.
Interpretare et concordare leges legibus est optimus interpretandi modus - To interpret and harmonize laws is the best method of interpretation.
Interpretatio fienda est ut res magis valeat quam pereat - Such a construction is to be made that the thing may have effect rather than it should fail.
Interruptio multiplex non tollit praescriptionem semel obtentam - Repeated interruption does not defeat a prescription once obtained.
Invito beneficium non datur - A benefit is not conferred upon one against his consent.
Ipsissima verba - The very words of a speaker.
Ipso facto - By that very fact.
Ira furor brevis est - Anger is brief insanity.
Iter arma leges silent - In war the laws are silent.
- - J -
Judex est lex loquens - A judge is the law speaking.
Judex non potest esse testis in propira causa - A judge cannot be witness in his own cause.
Judex non potest injuriam sibi datam punire - A judge cannon punish a wrong done to himself.
Judex non reddit plus quam quod petens ipse requirit - A judge does not give more than the plaintiff himself demands.
Judiciis posterioribus fides est adhibenda - Faith must be given to later decisions.
Judicis est judicare secundum allegata et probata - It is the duty of a judge to decide according to the allegations and the proofs.
Judicium non debet esse illusorium, suum effectum habere debet - A judgment ought not to be illusory; it ought to have its proper effect.
Juduces non tenentur exprimere causam sententiae suae - Judges are not bound to explain the reason of their judgment.
Jura naturae sunt immutabilia - The laws of nature are immutable.
Jura publica anteferenda privatis juribus - Public rights are to be preferred to private rights.
Juramentum est indivisibile et non est admittendum in parte verum et in parte falsum - An oath is indivisible and it is not to be held partly true and partly false.
Jurare est Deum in testem vocare, et est actus divini cultus - To swear is to call God to witness and is an act of divine worship.
Jus - A right that is recognised in law.
Jus accrescendi praefertur oneribus - The right of survivorship is preferred to incumbrances.
Jus ad rem; jus in re - A right to a thing; a right in a thing.
Jus dicere, non jus dare - To declare the law, not to make the law.
Jus est norma recti; et quicquid est contra normam recti est injuria - The law is a rule of right; and whatever is contrary to a rule of right is an injury.
Jus naturale - Natural justice.
Jus naturale est quod apud omnes homines eandem habet potentiam - Natural right is that which has the same force among all men.
Jus scriptum aut non scriptum - The written law or the unwritten law.
Jusjurandum inter alios factum nec nocere nec prodesse debet - An oath made between third parties ought neither to hurt nor profit.
Justitia est duplec; severe puniens et vere praeveniens - Justice is two-fold; severely punishing and in reality prohibiting (offences).
Justitia firmatur solium - The throne is established by justice.
Justitia nemini neganda est - Justice is to be denied to no one
- - K -
Black's Law Dictionary (8th ed. 2004) , Page 2539
Kaldor-Hicks efficiency.See WEALTH MAXIMIZATION.
kalendar.Archaic. See CALENDAR.
kalendarium (kal-<<schwa>>n-dair-ee-<<schwa>>m). [Latin] Roman law. 1. A book of
accounts in which a moneylender recorded the names of debtors and the principal and interest due.
2. A written register of births, recorded daily.
kalends. See CALENDS.
kangaroo court.See COURT.
k.d.,adj. abbr.(In a bill of lading) knocked down; not assembled or set up. • When goods,
equipment, or the like are shipped in disassembled form, the bill of lading is marked “k.d.”
keelage (keel-ij).Hist. 1. The right to the demand payment of a toll by a ship entering or
anchoring in a harbor. 2. The toll so paid.
keelhaul (keel-hawl), vb.1.Hist. To drag (a person) through the water under the bottom of a
ship as punishment or torture. 2. To rebuke or reprimand harshly.
Keeling Schedule.English law. A device that shows how an existing statute will read if a
proposed amendment is adopted. • A Keeling Schedule is usu. included as an appendix to the
proposed amendment. The schedule is named for E.H. Keeling, a member of Parliament who
began promoting the use of schedules in 1938 as a way to avoid amending legislation by reference.
It is rarely used today.
keeper. One who has the care, custody, or management of something and who usu. is legally
responsible for it <a dog's keeper> <a keeper of lost property>.
KEEPER OF THE BRIEFS
Keeper of the Briefs.See CUSTOS BREVIUM.
KEEPER OF THE BROAD SEAL
Keeper of the Broad Seal.See KEEPER OF THE GREAT SEAL.
KEEPER OF THE GREAT SEAL
Keeper of the Great Seal.In England and Scotland, an officer who has custody of the Great
Seal and who authenticates state documents of the highest importance. • In England, the duties of
the Keeper of the Great Seal are now discharged by the Lord Chancellor. — Also termed Lord
Keeper of the Great Seal; Lord Keeper; Keeper of the Broad Seal; Custos Sigilli.
KEEPER OF THE HANAPER
Keeper of the Hanaper.Hist. The head of the receiving and accounting department in
Chancery. • The hanaper office received collected fees on charters and letters granted under the
Great Seal and fines for Chancery writs, paid Chancery staff wages, purchased office supplies, and
accounted for the Chancery's revenues and expenses.
KEEPER OF THE KING'S CONSCIENCE
Keeper of the King's Conscience.See LORD CHANCELLOR.
KEEPER OF THE PRIVY SEAL
Keeper of the Privy Seal (priv-ee).1.LORD PRIVY SEAL. 2. In Scotland and Cornwall, an
officer similar to the English Lord Privy Seal.
KEEPER OF THE ROLLS
Keeper of the Rolls.See CUSTOS ROTULORUM.
Kellogg–Briand Pact.Int'l law. A 1928 treaty under which the United States, France, and (by
1933) 63 other nations purported to outlaw war and pledged to settle future differences through
diplomacy. • Among the signatories were Germany, Japan, and Italy, nations whose acts of
aggression led to World War II. 46 Stat. 2343, T.S. No. 796. — Also termed Pact of Paris.
KENNING TO A TERCE
kenning to a terce.Hist. Scots law. The sheriff's determination of which tracts or parts of a
decedent's land belong to a widow; esp., a sheriff's assignment of dower.
Keogh plan (kee-oh). A tax-deferred retirement program developed for the self-employed. •
This plan is also known as an H.R. 10 plan, after the House of Representatives bill that established
the plan. — Also termed self-employed retirement plan. Cf. INDIVIDUAL RETIREMENT
ACCOUNT. [Cases: Internal Revenue 4381; Pensions 28. C.J.S. Internal Revenue §§ 579–580,
582; Pensions and Retirement Plans and Benefits §§ 11–15; Social Security and Public Welfare §
Ker–Frisbie rule.The principle that the government's power to try a criminal defendant is not
impaired by the defendant's having been brought back illegally to the United States from a foreign
country. Ker v. Illinois, 119 U.S. 436, 7 S.Ct. 225 (1886); Frisbie v. Collins, 342 U.S. 519, 72 S.Ct.
ketubah (ke-too-vah), n. A Jewish marriage contract.
keyage (kee-<<schwa>>j). See QUAYAGE.
KeyCite,vb. To determine the subsequent history of (a case, statute, etc.) by using the online
citator of the same name to establish that the point being researched is still good law. —
KEY-EMPLOYEE LIFE INSURANCE
key-employee life insurance.See LIFE INSURANCE.
key encryption.A software-cryptography system that generates and employs a secure key pair,
one public key and one private key, to verify a digital signature and decipher a secure, coded
document. • The public key is known to all possible receivers of a message. The private key is
known only to the message's sender. Key encryption transforms the message's characters into an
indecipherable “hash.” A person who has the signer's public key can decipher the message and
detect whether it has been altered and whether it was transmitted using the sender's private key. It
does not necessarily identify the sender; identity is verified using a digital certificate. — Also
termed public-key encryption. See DIGITAL CERTIFICATE; HASH NUMBER.
key-executive insurance.See key-employee insurance under INSURANCE.
key man.See KEY PERSON.
key-man insurance.See key-employee insurance under INSURANCE.
key money. 1. Payment (as rent or security) required from a new tenant in exchange for a key
to the leased property. [Cases: Landlord and Tenant 184(2). C.J.S. Landlord and Tenant §§
473(2–5).] 2. Payment made (usu. secretly) by a prospective tenant to a landlord or current tenant
to increase the chance of obtaining a lease in an area where there is a housing shortage. • Key
money in the first sense is a legal transaction; key money in the second sense is usu. an illegal
bribe that violates housing laws.
key-number system.A legal-research indexing system developed by West Publishing
Company (now West) to catalogue American caselaw with headnotes. • In this system, a number
designates a point of law, allowing a researcher to find all reported cases addressing a particular
point by referring to its number.
key person.An important officer or employee; a person primarily responsible for a business's
success. — Also termed key man.
key-person insurance.See key-employee insurance under INSURANCE.
kickback,n. A return of a portion of a monetary sum received, esp. as a result of coercion or a
secret agreement <the contractor paid the city official a 5% kickback on the government contract>.
— Also termed payoff. Cf. BRIBERY.
kicker. 1. An extra charge or penalty, esp. a charge added to a loan in addition to interest. 2.
An equity participation that a lender seeks as a condition for lending money, so that the lender
may participate in rentals, profits, or extra interest.
kickout clause.A contractual provision allowing a party to end or modify the contract if a
specified event occurs <under the kickout clause, the company could refuse to sell the land if it
were unable to complete its acquisition of the new headquarters>.
kiddie tax.See TAX.
kidnap,vb. To seize and take away (a person) by force or fraud, often with a demand for
kidnapping. 1. At common law, the crime of forcibly abducting a person from his or her own
country and sending the person to another. • This offense amounted to false imprisonment
aggravated by moving the victim to another country. 2. The crime of seizing and taking away a
person by force or fraud. — Also termed simple kidnapping; (loosely) abduction; (archaically)
manstealing. See ABDUCTION. [Cases: Kidnapping 1. C.J.S. Kidnapping §§ 1–2.]
“At early common law, kidnapping required a forcible asportation of the victim to another
country. Under modern statutes, the asportation need not be this extensive.” Arnold H. Loewy,
Criminal Law in a Nutshell 64 (2d ed. 1987).
aggravated kidnapping.Kidnapping accompanied by some aggravating factor (such as a
demand for ransom or injury of the victim).
child-kidnapping. The kidnapping of a minor, often without the element of force or fraud (as
when someone walks off with another's baby). — Also termed child-stealing; baby-snatching;
kidnapping for ransom.The offense of unlawfully seizing a person and then confining the
person, usu. in a secret place, while attempting to extort ransom. • This grave crime is sometimes
made a capital offense. In addition to the abductor, a person who acts as a go-between to collect
the ransom is generally considered guilty of the crime.
parental kidnapping.The kidnapping of a child by one parent in violation of the other parent's
custody or visitation rights. See PARENTAL KIDNAPPING PREVENTION ACT.
simple kidnapping.Kidnapping not accompanied by an aggravating factor.
kill,vb. To end life; to cause physical death. • The word is also used figuratively in putting an
end to something <opponents were able to kill the proposed amendment>.
killer amendment.See AMENDMENT(3).
KILLING BY MISADVENTURE
killing by misadventure.See ACCIDENTAL KILLING.
KILLING WITH MALICE
killing with malice.See MALICIOUS KILLING.
kin,n.1. One's relatives; family. — Also termed kindred. [Cases: Descent and Distribution
20–43; Wills 508. C.J.S. Descent and Distribution §§ 23–49; Wills§ 921.] 2. A relative by blood,
marriage, or adoption, though usu. by blood only; a kinsman or kinswoman.
kinbote. See manbote under BOTE(2).
kind arbitrage.See ARBITRAGE.
kindlie (kInd-lee).Scots law. A tenant's right to a lease's renewal.
King.English law.The British government; the Crown.
“In modern times it has become usual to speak of the Crown rather than of the King, when
we refer to the King in his public capacity as a body politic. We speak of the property of the
Crown, when we mean the property which the King holds in right of his Crown. So we speak of
the debts due by the Crown, of legal proceedings by and against the Crown, and so on. The usage
is one of great convenience, because it avoids a difficulty which is inherent in all speech and
thought concerning corporations sole, the difficulty, namely, of distinguishing adequately between
the body politic and the human being by whom it is represented and whose name it bears.” John
Salmond, Jurisprudence 341–42 (Glanville L. Williams ed., 10th ed. 1947).
King's advocate.See LORD ADVOCATE.
King's Bench.Historically, the highest common-law court in England, presided over by the
reigning monarch. • When a queen begins to reign, the name automatically changes to Queen's
Bench. In 1873, during Queen Victoria's reign, the court's jurisdiction was transferred to the
Queen's Bench Division of the High Court of Justice. — Abbr. K.B. — Also termed Court of
King's Bench; Coram Rege Court. Cf. QUEEN'S BENCH; QUEEN'S BENCH DIVISION.
“The court of King's Bench is the highest court of ordinary justice in criminal cases within
the realm, and paramount to the authority of justices of gaol delivery, and commissions of oyer
and terminer. It has jurisdiction over all criminal causes, from high treason down to the most
trivial misdemeanor or breach of the peace.” 1 Joseph Chitty, A Practical Treatise on the Criminal
Law 156 (2d ed. 1826).
King's Chambers.In the United Kingdom, waters lying within an imaginary line drawn from
headland to headland around the coast of Great Britain.
King's Counsel.In the United Kingdom, Canada, and territories that have retained the rank, an
elite, senior-level barrister or advocate. • Originally, a King's Counsel was appointed to serve as
counsel to the reigning monarch. — Abbr. K.C. — Also termed senior counsel.Cf. QUEEN'S
King's Court.See CURIA REGIS.
King's evidence.See Queen's evidence under EVIDENCE.
KING'S GREAT SESSIONS IN WALES
King's Great Sessions in Wales.See COURT OF GREAT SESSIONS IN WALES.
King's peace.Hist. A royal subject's right to be protected from crime (to “have peace”) in
certain areas subject to the king's immediate control, such as the king's palace or highway. • A
breach of the peace in one of these areas subjected the offender to punishment in the king's court.
Over time, the area subject to the king's peace grew, which in turn increased the jurisdiction of the
royal courts. — Also written King's Peace. Cf. AGAINST THE PEACE AND DIGNITY OF THE
“A breach of the King's Peace was at one time the most comprehensive of all offences against
the Crown; it indeed included, and still includes, all the more serious crimes. At one time, in fact,
every indictment charged the accused with an offence ‘against the peace of our Sovereign Lord the
King’; and, though this form is no longer employed, that is mainly because the imperative duty of
not disturbing the King's Peace has by now evolved into an elaborate system of Criminal Law.”
Edward Jenks, The Book of English Law 134 (P.B. Fairest ed., 6th ed. 1967).
King's proctor.See QUEEN'S PROCTOR.
King's silver.Hist. Money paid in the Court of Common Pleas for a license to levy a feudal
fine; an amount due on granting a congé d'accorder in levying a fine of lands. • It amounted to
three-twentieths of the supposed annual value of the land, or ten shillings for every five marks of
land. — Also termed post-fine. See CONGé D'ACCORDER; FINE(1).
kinship. Relationship by blood, marriage, or adoption. — Also termed kindred.
kinsman. See RELATIVE.
kintal. See QUINTAL.
KISSING THE BOOK
kissing the Book.Hist. The practice of touching one's lips to a copy of the Bible (esp. the New
Testament) after taking an oath in court. • This practice — formerly used in England — was
replaced by the practice of placing one's hand on the Bible while swearing.
kitchen cabinet.See CABINET.
kiting. 1.CHECK-KITING. 2.Commercial law. Slang. Raising money on credit, often by
using accommodation paper.
Klaxon doctrine (klak-s<<schwa>>n).Conflict of laws. The principle that a federal court
exercising diversity jurisdiction must apply the choice-of-law rules of the state where the court sits.
• In Klaxon Co. v. Stentor Elec. Mfg. Co., the Supreme Court extended the rule of Erie v.
Tompkins to choice-of-law issues. 313 U.S. 487, 61 S.Ct. 1020 (1941). — Also termed
Erie/Klaxon doctrine. See ERIE DOCTRINE. [Cases: Federal Courts 409.1. C.J.S. Conflict of
Laws § 101.]
kleptomania (klep-t<<schwa>>-may-nee-<<schwa>>), n. A compulsive urge to steal, esp.
without economic motive. — kleptomaniac,n. & adj.
knight. 1.Hist. In the Middle Ages, a person of noble birth who, having been trained in arms
and chivalry, was bound to follow an earl, baron, or other superior lord into battle. 2. In modern
Britain, a man upon whom the monarch has bestowed an honorary dignity (knighthood) as a
reward for personal merit of some kind. • The status of knighthood no longer relates to birth or
possessions and does not involve military service.
knight bachelor.See BACHELOR(3).
KNIGHT OF THE POST
knight of the post.Hist. A hired perjurer.
knight-service.Hist. A type of lay tenure in which a knight held land of another person or the
Crown in exchange for a pledge of military service. — Also termed knight's service; (Scots law)
ward holding. Cf. BASE SERVICE; SOCAGE; VILLEINAGE.
“By far the greater part of England is held of the king by knight's service (per servitium
militare): it is comparatively rare for the king's tenants in chief to hold by any of the other tenures.
In order to understand this tenure we must form the conception of a unit of military service. That
unit seems to be the service of one knight or fully armed horseman (servitium unius militis) to be
done to the king in his army for forty days in the year, if it be called for.” 1 Frederick Pollock &
Frederic W. Maitland, The History of English Law Before the Time of Edward I 254 (2d ed.
knight's fee.Hist. The amount of land that gave rise to the obligation of knight-service. • The
amount varied from less than a hide to more than six hides. See HIDE.
knight's service.See KNIGHT-SERVICE.
knock-and-announce rule.Criminal procedure. The requirement that the police knock at the
door and announce their identity, authority, and purpose before entering a residence to execute an
arrest or search warrant. — Also termed knock-and-notice rule. Cf. no-knock search warrant under
SEARCH WARRANT; no-knock search under SEARCH. [Cases: Searches and Seizures 54,
143.1. C.J.S. Searches and Seizures §§ 64–65, 195–201.]
knock-for-knock agreement.An arrangement between insurers whereby each will pay the
claim of its insured without claiming against the other party's insurance.
knock in,vb. To rap on the courtroom door to announce the entry of (one or more judges)
<the law clerk, acting as bailiff, knocked in the judges>.
knock off,vb.1. To make an unauthorized copy of (another's product), usu. for sale at a
substantially lower price than the original <the infringer knocked off popular dress
designs>.2.Slang. To murder <the gang leader was knocked off by one of his lieutenants>.3.Slang.
To rob or burglarize <the thieves knocked off the jewelry store in broad daylight>.
knockoff,n. Intellectual property. An unauthorized counterfeit and usu. inferior copy of
another's product, esp. one protected by patent, trademark, trade dress, or copyright, usu. passed
off at a substantially lower price than the original.
knock-out auction.See AUCTION.
KNOW ALL MEN BY THESE PRESENTS
know all men by these presents.Take note. • This archaic form of address — a loan
translation of the Latin noverint universi per praesentes — was traditionally used to begin certain
legal documents such as bonds and powers of attorney, but in modern drafting style the phrase is
generally considered deadwood. See NOVERINT UNIVERSI PER PRAESENTES. Cf. PATEAT
UNIVERSIS PER PRAESENTES .
know-how. The information, practical knowledge, techniques, and skill required to achieve
some practical end, esp. in industry or technology. • Know-how is considered intangible property
in which rights may be bought and sold. See TRADE SECRET.
knowing,adj.1. Having or showing awareness or understanding; well-informed <a knowing
waiver of the right to counsel>.2. Deliberate; conscious <a knowing attempt to commit fraud>. —
knowing consent.See informed consent under CONSENT(1).
knowledge. 1. An awareness or understanding of a fact or circumstance; a state of mind in
which a person has no substantial doubt about the existence of a fact. Cf. INTENT(1); NOTICE(1),
“It is necessary ... to distinguish between producing a result intentionally and producing it
knowingly. Intention and knowledge commonly go together, for he who intends a result usually
knows that it will follow, and he who knows the consequences of his act usually intends them. But
there may be intention without knowledge, the consequence being desired but not foreknown as
certain or even probable. Conversely, there may be knowledge without intention, the consequence
being foreknown as the inevitable concomitant of that which is desired, but being itself an object
of repugnance rather than desire, and therefore not intended. When King David ordered Uriah the
Hittite to be set in the forefront of the hottest battle, he intended the death of Uriah only, yet he
knew for a certainty that many others of his men would fall at the same time and place.” John
Salmond, Jurisprudence 380–81 (Glanville L. Williams ed., 10th ed. 1947).
“ ‘Knowingly’ or ‘knowledge’ has a broad sweep when used in connection with the element
of a crime, and an untrue representation has been ‘knowingly’ made if by one who knows it is
untrue, believes it is untrue or is quite aware that he has not the slightest notion whether it is true
or not.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 379 (3d ed. 1982).
“[B]ecause there are several areas of the criminal law in which there may be good reason for
distinguishing between one's objectives and [one's] knowledge, the modern approach is to define
separately the mental states of knowledge and intent .... This is the approach taken in the Model
Penal Code [§ 2.02(2)(a) & (b)].” Wayne R. LaFave & Austin W. Scott Jr., Criminal Law 218 (2d
actual knowledge. 1. Direct and clear knowledge, as distinguished from constructive
knowledge <the employer, having witnessed the accident, had actual knowledge of the worker's
injury>. — Also termed express actual knowledge. 2. Knowledge of such information as would
lead a reasonable person to inquire further <under the discovery rule, the limitations period begins
to run once the plaintiff has actual knowledge of the injury>. — Also termed (in sense 2) implied
“The third issue in section 523(a)(3) is the meaning of ‘notice or actual knowledge.’ Under
the Uniform Commercial Code knowledge means actually knowing something; notice means
having received information from which one could infer the existence of the relevant fact. What
the adjective ‘actual’ adds to the idea of ‘knowledge’ is unclear.” David G. Epstein et al.,
Bankruptcy § 7-27, at 516 (1993).
common knowledge.See COMMON KNOWLEDGE.
constructive knowledge.Knowledge that one using reasonable care or diligence should have,
and therefore that is attributed by law to a given person <the court held that the partners had
constructive knowledge of the partnership agreement even though none of them had read it>.
express actual knowledge.See actual knowledge (1).
firsthand knowledge.See personal knowledge.
implied actual knowledge.See actual knowledge (2).
imputed knowledge.Knowledge attributed to a given person, esp. because of the person's
legal responsibility for another's conduct <the principal's imputed knowledge of its agent's
personal knowledge.Knowledge gained through firsthand observation or experience, as
distinguished from a belief based on what someone else has said. • Rule 602 of the Federal Rules
of Evidence requires lay witnesses to have personal knowledge of the matters they testify about.
An affidavit must also be based on personal knowledge, unless the affiant makes it clear that a
statement relies on “information and belief.” — Also termed firsthand knowledge. [Cases:
Witnesses 37(2). C.J.S. Witnesses § 95.]
reckless knowledge.A person's awareness that a prohibited circumstance may exist,
regardless of which the person accepts the risk and goes on to act.
scientific knowledge.Evidence. Knowledge that is grounded on scientific methods that have
been supported by adequate validation. • Four primary factors are used to determine whether
evidence amounts to scientific knowledge: (1) whether it has been tested; (2) whether it has been
subject to peer review and publication; (3) the known or potential rate of error; and (4) the degree
of acceptance within the scientific community. See DAUBERT TEST; SCIENTIFIC METHOD.
[Cases: Criminal Law 486; Evidence 555. C.J.S. Criminal Law § 1080; Evidence §§ 597–598,
601, 649, 652, 713.]
superior knowledge.Knowledge greater than that had by another person, esp. so as to
adversely affect that person <in its fraud claim, the subcontractor alleged that the general
contractor had superior knowledge of the equipment shortage>. [Cases: Fraud 17; Negligence
1088, 1286(2). C.J.S. Negligence §§ 484–486, 500, 539, 545, 557–559, 563, 634.]
2.Archaic. CARNAL KNOWLEDGE.
knowledge-of-falsity exclusion.See EXCLUSION(3).
known creditor.See CREDITOR.
known heir.See HEIR.
known-loss doctrine.Insurance. A principle denying insurance coverage when the insured
knows before the policy takes effect that a specific loss has already happened or is substantially
certain to happen. — Also termed known-risk doctrine. [Cases: Insurance 2101.]
koop (k<<schwa>>-w<<schwa>>p), n.[Dutch] Dutch law. Purchase; bargain.
koopbrief (k<<schwa>>-w<<schwa>>p-breef). [Dutch] Dutch law. A deed of sale.
- - L -
LEGAL MAXIMSkelal BK kelal gadol ba-din BK
- - M -
Magister rerum usus; magistra rerum experientia - Use is the master of things; experience is the mistress of things.
Major continet in se minus - The greater contains the less.
Majus est delictum se ipsum occidere quam alium - It is a greater crime to kill one s self than another.
Mala fide - In bad faith.
Mala grammatica non vitiat chartam - Bad grammar does not vitiate a deed.
Mala in se - Bad in themselves.
Mala prohibita - Crimes prohibited.
Malitia supplet aesatem - Malice supplies age.
Malo animo - With evil intent.
Mandamus - We command.
Maximus magister erroris populus est - The people are the greatest master of error.
Melior est conditio possidentis, ubi neuter jus habet - Better is the condition of the possessor where neither of the two has the right.
Melior testatoris in testamentis spectanda est - In wills the intention of a testator is to be regarded.
Meliorem conditionem suam facere potest minor deteriorem nequaquam - A minor can make his position better, never worse.
Mens rea - Guilty state of mind.
Mentiri est contra mentem ire - To lie is to act against the mind.
Merito beneficium legis amittit, qui legem ipsam subvertere intendit - He justly loses the benefit of the law who seeks to infringe the law.
Minatur innocentibus qui parcit nocentibus - He threatens the innocent who spares the guilty.
Misera est servitus, ubi jus est vagum aut incertum - It is a miserable slavery where the law is vague or uncertain.
Mors dicitur ultimum supplicium - Death is called the extreme penalty.
Muilta exercitatione facilius quam regulis percipies - You will perceive many things more easily by experience than by rules.
- - N -
Nam nemo haeres viventis - For no one is an heir of a living person.
Naturae vis maxima est - The force of nature is the greatest.
Necessitas inducit privilegium quoad jura privata - With respect to private rights necessity induces privilege.
Necessitas non habet legem - Necessity has no law.
Necessitas publica est major quam privata - Public necessity is greater than private necessity.
Negligentia semper habet infortuniam comitem - Negligence always has misfortune for a companion.
Nemo admittendus est inhabilitare se ipsum - No one is allowed to incapacitate himself.
Nemo bis punitur pro eodem delicto - No one can be twice punished for the same offence.
Nemo cogitur suam rem vendere, etiam justo pretio - No one is bound to sell his own property, even for a just price.
Nemo contra factum suum venire potest - No man can contradict his own deed.
Nemo debet esse judex in propria causa - No one can be judge in his own case.
Nemo plus juris transferre ad alium potest quam ipse habet - No one can transfer to another a larger right than he himself has.
Nemo potest contra recordum verificare per patriam - No one can verify by the country, that is, through a jury, against the record.
Nemo potest esse tenens et dominus - No one can at the same time be a tenant and a landlord (of the same tenement).
Nemo potest facere per alium, quod per se non potest - No one can do through another what he cannot do himself.
Nemo potest mutare consilium suum in alterius injuriam - No one can change his purpose to the injury of another.
Nemo praesumitur esse immemor suae aeternae salutis et maxime in articulo mortis - No one is presumed to be forgetful of his eternal welfare, and particularly in the hour of death.
Nemo prohibetur pluribus defensionibus uti - No one is forbidden to make use of several defences.
Nemo punitur pro alieno delicto - No one is punished for the crime of another.
Nemo se accusare debet, nisi coram Deo - No one should accuse himself except in the presence of God.
Nemo tenetur accusare se ipsum nisi coram Deo - No one is bound to accuse himself except in the presence of God.
Nemo tenetur armare adversarium contra se - No one is bound to arm his adversary against himself.
Nexus - Connection
Nihil quod est inconveniens est licitum - Nothing inconvenient is lawful.
Nil facit error nominis cum de corpore constat - An error of name makes not difference when it appears from the body of the instrument.
Nisi - Unless
Non compus mentis - Not of sound mind and understanding
Non constat - It is not certain
Non decipitur qui scit se decipi - He is not deceived who knows that he is deceived.
Non definitur in jure quid sit conatus - What an attempt is, is not defined in law.
Non est arctius vinculum inter homines quam jusjurandum - There is no stronger link among men than an oath.
Non est factum - It is not his deed
Non est informatus - He is not informed.
Non facias malum ut inde veniat bonum - You shall not do evil that good may come of it.
Non jus, sed seisina, facit stipitem - Not right, but seisin makes a stock (from which the inheritance must descend).
Non refert quid notum sit judici si notum non sit in forma judicii - It matters not what is known to the judge if it is not known judicially.
Non sequitur - An inconsistent statement, it does not follow
Nullus commodum capere potest ex sua injuria propria - No one can derive an advantage from his own wrong.
Nullus recedat e curia cancellaria sine remedio - No one should depart from a Court of Chancery without a remedy.
- - O -
Omne sacramentum debet esse de certa scientia - Every oath ought to be of certain knowledge.
Omnia delicta in aperto leviora sunt - All crimes (committed) in the open are (considered) lighter.
Omnia praesumuntur contra spoliatorem - All things are presumed against a wrongdoer.
Omnis innovatio plus novitate perturbat quam utilitate prodeat - Every innovation disturbs more by its novelty than it benefits by its utility.
Optima legum interpres est consuetudo - The best interpreter of laws is custom.
Optimus interpres rerum est usus - The best interpreter of things is usage.
- - P -
Pacta privata juri publico non derogare possunt - Private contracts cannot derogate from public law.
Par delictum - Equal fault.
Pari passu - On an equal footing.
Partus sequitur ventrem - The offspring follows the mother.
Pater est quem nuptiae demonstrant - The father is he whom the marriage points out.
Peccata contra naturam sunt gravissima - Wrongs against nature are the most serious.
Pendente lite nihil innovetur - During litigation nothing should be changed.
Per curiam - In the opinion of the court.
Per minas - By means of menaces or threats.
Per quod - By reason of which.
Post mortem - After death.
Prima facie - On the face of it.
Prima impressionis - On first impression.
Pro hac vice - For this occasion.
Pro rata - In proportion.
Pro tanto - So far, to that extent.
Pro tempore - For the time being.
Publici juris - Of public right.
- - Q -
Quaeitur - The question is raised.
Quantum - How much, an amount.
Qui facit per alium, facit per se - He who acts through another acts himself.
Qui haeret in litera, haeret in cortice - He who stices to the letter, sticks to the bark.
Qui in utero est, pro jam nato habetur, quoties de ejus commodo quaeritur - He who is in the womb is considered as already born as far as his benefit is considered.
Qui non habet potestatem alienandi, habet necessitatem retinendi - He who has not the power of alienating is under the necessity of retaining.
Qui non habet, ille non dat - He who has not, does not give.
Qui non improbat, approbat - He who does not disapprove, approves.
Qui non obstat quod obstare potest facere videtur - He who does not prevent what he is able to prevent, is considered as committing the thing.
Qui non prohibet quod prohibere potest assentire videtur - He who does not prohibit when he is able to prohibit, is in fault.
Qui peccat ebrius, luat sobrius - He who does wrong when drunk must be punished when sober.
Qui potest et debet vetare et non vetat jubet - He who is able and ought to forbit and does not, commands.
Qui prior est tempore potior est jure - He who is prior in time is stronger in right.
Qui sentit commodum, debet et sentire onus - He who derives a benefit ought also to bear a burden.
Qui tacet consentire videtur - He who is silent appears to consent.
Quid pro quo - Consideration. something for something.
Quidcquid plantatur solo, solo cedit - Whatever is planted in or affixed to the soil, belongs to the soil.
Quod ab initio non valet, in tractu temporis non convalescit - What is not valid in the beginning does not become valid by time.
Quod constat curiae opere testium non indiget - What appears to the Court needs not the help of witnesses.
Quod necessarie intelligitur, id non deest - What is necessarily understood is not wanting.
Quod necessitas cogit, defendit - What necessity forces it justifies.
Quod non apparet, non est - What does not appear, is not.
Quod non habet principium non habet finem - What has no beginning has no end.
Quod per me non possum, nec per alium - What I cannot do through myself, I cannot do through another.
Quod prius est verius est; et quod prius est tempore potius est jure - What is first is more true; and what is prior in time is stronger in law.
Quod vanum et inutile est, lex non requirit - The law does not require what is vain and useless.
Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba expressa fienda est - When there is no ambiguity in words, then no exposition contrary to the expressed words is to be made.
- - R -
Ratio est legis anima, mutata legis ratione mutatur et lex - Reason is the soul of the law; when the reason of the law changes the law also is changed.
Re - In the matter of.
Recognition is the greatest motivator - Agnitio est maioribus motivator
Reprobata pecunia leberat solventem - Money refused releases the debtor.
Res - Matter, affair, thing, circumstance.
Res gestae - Things done.
Res integra - A matter untouched (by decision).
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.
Respondeat superior - Let the principal answer.
Rex est major singulis, minor universis - The King is greater than individuals, less than all the people.
Rex non debet judicare sed secundum legem - The King ought not to judge but according to the law.
Rex non potest peccare - The King can do no wrong.
Rex nunquma moritur - The King never dies.
Rex quod injustum est facere non potest - The King cannot do what is unjust.
- - S -
Salus populi est suprema lex - The safety of the people is the supreme law.
Sciens - Knowingly.
Scienter - Knowingly.
Scire facias - That you cause to know.
Scribere est agere - To write is to act.
Se defendendo - In self defence.
Secus - The legal position is different, it is otherwise.
Semper praesumitur pro legitimatione puerorum - Everything is presumed in favor of the legitimacy of children.
Semper pro matriomonio praesumitur - It is always presumed in favor of marriage.
Sententia interlocutoria revocari potest, definitiva non potest - An interlocutory order can be revoked, a final order cannot be.
Servitia personalia sequuntur personam - Personal services follow the person.
Sic utere tuo ut alienum non laedas - So use your own as not to injure another s property.
Simplex commendatio non obligat - A simple recommendation does not bind.
Stare decisis - To stand by decisions (precedents).
Stet - Do not delete, let it stand.
Sub modo - Within limits.
Sub nomine - Under the name of.
Sub silentio - In silence.
Sublata causa, tollitur effectus - The cause being removed, the effect ceases.
Sublato fundamento, cadit opus - The foundation being removed, the structure falls.
Subsequens matrimonium tollit peccatum praecedens - A subsequent marriage removes the preceding wrong.
Suggestio falsi - The suggestion of something which is untrue.
Sui generis - Unique.
Summa ratio est quae pro religione facit - The highest reason is that which makes for religion, i.e. religion dictates.
Suppressio veri - The suppression of the truth.
Suppressio veri expressio falsi - A suppression of truth is equivalent to an expression of falsehood.
- - T -
Talis qualis - Such as it is.
Terra firma - Solid ground.
Testamenta latissimam interpretationem habere debent - Testaments ought to have the broadest interpretation.
Traditio loqui chartam facit - Delivery makes a deed speak.
Transit terra cum onere - The land passes with its burden
- - U -
Ubi eadem ratio ibi idem jus, et de similibus idem est judicium - When there is the same reason, then the law is the same, and the same judgment should be rendered as to similar things.
Ubi jus ibi remedium est - Where there is a right there is a remedy.
Ubi non est principalis, non potest esse accessorius - Where there is no principal, there can be no accessory.
Ubi nullum matrimonium, ibi nulla dos es - Where there is no marriage, there is no dower.
Ultima voluntas testatoris est perimplenda secundum veram intentionem suam - The last will of a testator is to be fulfilled according to his true intentio.
Ut poena ad paucos, metus ad omnes, perveniat - That punishment may come to a few, the fear of it should affect all.
Utile per inutile non vitiatur - What is useful is not vitiated by the useless.
- - V -
Verba chartarum fortius accipiuntur contra preferentem - The words of deeds are accepted more strongly against the person offering them.
Verba debent intelligi cum effectu - Words ought to be understood with effect.
Verba intentioni, non e contra, debent inservire - Words ought to serve the intention, not the reverse.
Verbatim - Word by word, exactly.
Vi et armis - With the force and arms.
Via antiqua via est tuta - The old way is the safe way.
Vice versa - The other way around.
Vide - See.
Vigilantibus non dormientibus jura subveniunt - The laws serve the vigilant, not those who sleep.
Vir et uxor consentur in lege una persona - A husband and wife are regarded in law as one person.
Visitationem commendamus - We recommend a visitation.
Volens - Willing.
Volenti non fit injuria - An injury is not done to one consenting to it.
Voluntas in delictis non exitus spectatur - In offences the intent and not the result is looked at.
Voluntas reputatur pro facto - The will is taken for the deed.
Matthew 27:14 - "And he answered him to never a word; insomuch that the governor marvelled greatly."