Important Legal Terms & Latin Maxims

277) Tender: Unconditional offer of a party to a contract to perform
his side of the bargain. For example, with a loan contract, a
tender would be the debtor’s offer to repay the amount owing to
the creditor. If the tender is refused, the contract comes to an
end.

278) Tenement: Property that could be subject to common law
tenure, such as land, buildings or apartments. In relation to
business tenants, a tenement is a defined portion of a building
held by the occupier on a tenancy and not dependent on the
continued employment of the tenant.

279) Tenure: Right to hold or occupy land or a position for a certain
amount of time.

280) Testator: Person who dies after making a valid will.
281) Testimony: Verbal presentation of evidence in court.
282) Tort: Non-contractual breach of duty which allows the injured

person to claim compensation (or damages) from the tortfeasor.
Torts include wrongs such as negligence, nuisance, defamation,
false imprisonment and trespass.
283) Tortfeasor: Person who commits a tort.
284) Tracing: Equitable right of a plaintiff to reclaim specific
property, through the court, where the property has passed on
to others. This procedure is frequently used by a trust

beneficiary to recover misappropriated trust property. Property
may not be recovered from a person who has bought it for value,
without notice of the circumstances.
285) Transferee: Person who receives property being transferred.
286) Transferor: Person who transfers property.
287) Trespass: Unlawful interference with another person or his
property or rights. Trespass is a civil, not a criminal, offence and
is actionable without proof of any actual damage.
288) Trust: Property given by a donor or settlor to a trustee, for the
benefit of another person (the beneficiary or donee). A trustee
manages and administers the property. A will is a form of trust
but a trust can be formed during the lifetime of the settlor, in
which case it is called an inter vivos or living trust.
289) Trustee: Person who holds property rights for the benefit of
another through the legal mechanism of the trust. A trustee
usually has full management and administration rights over the
property, which must be exercised to the advantage of the
beneficiary. All profits from the trust go to the beneficiary,
although the trustee is entitled to recover administrative costs.
290) Ultra vires: (Latin: beyond the powers) An action which is
invalid because it exceeds the authority of the person or
organisation which performs it. A company cannot normally be

bound by an act which it is not empowered to do by its
memorandum of association.
291) Undertaking: Enforceable promise given to court.
292) Undue influence: Unfair pressure which may invalidate a
contract.
293) Unjust enrichment: Profit unjustly obtain by a wrongdoer. To
obtain reimbursement, the plaintiff must show an actual benefit
to the defendant, a corresponding loss to the plaintiff and the
absence of a legal reason for the defendant’s enrichment.
294) Usury: Excessive or illegal interest rate.
295) Variation: Alteration of term of court order.
296) Verdict: Decision of a jury. In criminal cases, this is usually
expressed as guilty or not guilty and may be unanimous or by a
majority of 11-1 or 10-2. In a civil case, the verdict would be a
finding for the plaintiff or for the defendant by at least nine of
the 12 jurors.
297) Videlicet: (Latin: that is to say) The abbreviation of videlicet
(viz.) is commonly used in legal documents to advise that what
follows provides more detail about a preceding general
statement.
298) Vicarious liability: Responsibility for the tort of another, even
though the person held responsible may not have done anything

wrong. This is often the case with employers who may be held
vicariously liable for damage caused by their employees.
299) Void: Without legal effect. A document that is void is worthless.
An anti-competitive agreement or contract in restraint of trade
may be void. A “marriage” involving a person under the age of
18 would be void in Ireland.
300) Voidable: The law distinguishes between void and voidable
contracts. Some contracts have such a fundamental defect that
they are said to be void. Others have more minor defects and
are voidable at the option of the innocent party.
301) Voire dire: (French: To speak the truth) Separate trial within a
trial, generally in the absence of the jury, on the admissibility of
contested evidence.
302) Volenti non fit injuria: (Latin: those who consent may not be
injured) Defence in tort which prevents a person who knowingly
and voluntarily assumes a risk (by, for example, engaging in a
dangerous sport) from later seeking compensation for any injury
suffered.
303) Waiver: Renunciation of a right or benefit. Waivers are not
always in writing. Sometimes actions can be interpreted as a
waiver.

304) Waste: Abuse, destruction or permanent change to property by
a person who is merely in possession of it, such as a tenant or a
life tenant.

305) Words of limitation: Words in a conveyance or will which limit
the duration of an estate. If a testator leaves property “to X and
his heirs”, the words “and his heirs” are words of limitation
because they indicate that X gets the land in fee simple and his
heirs get no interest.

306) Words of purchase: Words in a conveyance or will which
specifically name the person to whom land is being conveyed.

307) Xoanon: Primitive, usually wooden image of deity supposed to
have fallen from Heaven; seldom found in Irish courtrooms.

308) Year: When used without any other qualification, a 12-month
period beginning on January 1.

309) Young person: Person under 16, whose regular, full-time
employment is forbidden by the 1996 Protection of Young
Persons (Employment) Act. A child over 14 may do light work
during school holidays, but a child under 14 cannot be employed
at all.

310) Zero hours: If an employee is available for work but there is no
work for him to do, the zero hours provision of the Organisation

of Working Time Act 1997 requires the employer to compensate
him for one quarter of the time for which he had to be available.

Latin Words and Expressions

Sl. Word or Phrase Meaning
No.
From the very beginning, from the start of
1 Ab initio something

2. Ab extra From outside
3. Ad idem
In agreement, meeting of the minds by
4. Ad infinitum parties
5. Ad nauseum
To continue forever, without limit
6. Ad valorem
7. Alibi Disgusting or ridiculous to the extent of
causing nausea (vomiting)
8. Ambiguitas latens
Proportionate to the value
9. Ambiguitas patens
At another place, Elsewhere
10. Amicus curiae The fact or state of having been elsewhere
at the time
11. Animus possidendi
12. Audi alteram partem Latent ambiguity not appearing on instant
13. Bona fide inspection

An ambiguity that readily appears on the
face of document or instrument

A person or organisation that is not a
party to the litigation but is permitted by
law to advise it (court), friend of the court

An intention to possess

Let the other side be heard as well

Real, genuine, sincere, made or carried
out in good faith

14. Mala fide Dishonest, made or carried out in bad
15. Caveat emptor faith

16. De facto Let the buyer beware. The principle that
17. De jure the buyer alone is responsible for
18. De novo checking the quality and suitability of
19. Ejusdem generis goods before a purchase is made
20. Ex gratia
21. Ex parte Of fact, in reality
22. Ex post facto
23. Fait Accompli Of law, officially
24. Fiat justitia
25. Inter alia Afresh, from the beginning
26. In limine
Of the same kind or nature
27. Jus ad rem
A favour or gift that is not legally
necessary

Without the presence or participation of
opposite party

Retroactive, affecting something that has
already happened

Accomplished and cannot be changed
now

Let the justice be done though the
heavens fall

Amongst other things

At the outset, on the threshold

Such order excludes the challenged
evidence and directs the parties not to
refer to the excluded matters during trial

A right to a thing

28. Jus in personam Right against a person
29. Letter rogatory
30. Locus standi Formal request from a court to foreign
court for some type of judicial assistance
31. Modus operandi
32. Mutatis mutandis Right to bring an action, to be heard in
court, sufficient connection and harm
33. Nudum pactum form the law or action
34. Obiter
Method of operation, particular way of
35. Onus probandi doing something

36. Parens patriae Having changed what needs to be
37. Pari passu changed;
38. Per incuriam once the necessary changes have been
39. Prima facie made
40. Pro bono publico
Naked promise, bare promise

That which is said in passing;
Such statements lack the force of
precedent but nevertheless be significant

Burden of proof, proof of assertion. It
includes both the burden of production
and persuasion.

Parent of the nation, legal protector of
citizens unable to protect themselves

Side by side, at the same rate, equally,
on equal footing

Through lack of care

At first sight, based on first impression

Professional work undertaken voluntarily
and without payment

41. Quid pro quo A favour or advantage granted in return
42. Ratio dicidendi for something
43. Raison d’etre
44. Res integra The rule of law on which a judicial
45. Res nullius decision is based
46. Sine qua non Reason for being, reason for something’s
47. Intra vires existence
48. Ultra vires
49. Actus reus A point without a precedent, entire thing,
50. Ad hoc untouched matter
51. Sine die Nobody’s thing, belonging to no one
52. Alias
53. Ante An essential condition, a thing that is
54. Caveat absolute necessary
55. Certiorari Within one’s legal power or authority
Acting or done beyond one’s legal power
or authority

A guilty act, an act which is illegal such as
theft

For a particular purpose

No fixed date to continue

A false name

Before

A warning

An order by the High Court that the case
should be reviewed

56. Habeas Corpus A writ which can be applied for to order a
person’s release, if he/she has been
57. Estoppel imprisoned unlawfully. Produce the body
(in court)
58. Fiduciary
59. Mens rea A rule of law that a person cannot deny
60. Per something he/she/it previously said, if
61. Per pro someone else acted on what was said and
62. Per quod their position was changed, possibly for
63. Per se the worse, as a result
64. Pro rata
65. Res ipsa loquitur In a position of trust
66. Sub judice
The intention to commit a crime and also
67. Sui generis the knowledge that an act is wrong
68. Sui juris
69. Supra Through, by

On behalf of

In accordance, whereby

In itself, by itself

In proportion

Proof is not needed because the facts
speak for themselves

Something being dealt with by a court
which cannot be discussed outside the
court

Something that belongs in a particular
category or is the only one of its class

Someone who can enter into a contract
without any restriction

Above

70. Infra Below, inside
71. Terra Land
72. Uberrimae fidei Of the utmost good faith
73. Writ an order issued by a court telling
someone to do something or not to do
74. A fortiori something
75. Ad litem From stronger argument
76. Ad referendum As regards the action
77. Erratum Subject to reference
78. Ex officio An error in printing or writing
79. Ibid By virtue of holding an office
80. Ignorantia juris non In the same place
Ignorance of law is not an excuse
excusat
81. In camera In chamber, in private

82. In curia In open court

83. In re In the matter of
84 Ipso facto By that very fact or act

85. Quasi As if, almost
86. Res judicata
A matter that has been decided. Judicial
pronouncements

87. Sic So, thus
(Used in brackets after a copied or quoted
88. Mandamus word that appears odd or erroneous to
show that the word is quoted exactly as it
89. Quo warranto stands in the original)

90. Prohibition We command,
Writ is a command issued to public
91. Suo moto official, bodies
Suo motu
By that warrant,
92. Ad interim Stops usurpation of public office by
93. Et al, Et alii, Et alia anyone
94. Et cetera
95. Exempli gratia (e.g.) Writ by Supreme Court and High Court to
96. In absentia lower courts which exceeds to their
97. In toto jurisdiction or acting the rule of natural
98. Inter se justice
99. Nota bene (NB)
100. Per capita On its own motion

In the meantime, temporarily

And others

And other things

For the sake of example

In absence

In total, totally

Among themselves

Note well

By head, per head

101. Vice versa The other way around
See
102. Vide Namely
I forbid
103. Videlicet (viz.) Subject to modification
The state of affairs that existed previously
104. Veto
The opinions or beliefs of the majority,
105. Sub modo Voice of the people
To infinity, to continue forever
106. Status quo On the face
Status quo ante In contrast to, by that against
For himself
107. Vox populi Temporary
That is, in other words
108. Ad infinitum Regarding, concerning (used as apropos
of)
109. Ex facie Natural justice
A great work of literature
110. Per contra No one can give a better title than he has
Knowingly
111. Pro per Unique
Pro se

112. Pro tem
Pro tempore

113. Id est (i.e.)

114. Apropos

115. Jus naturale

116. Magnum opus

117. Nemo dat quod non
habet

118. Sciens

119. Sui generis

120. Vervatim Word by word, exactly

121. Legum Baccalaureus Bachelor of Laws (LLB)
Juris Doctor

122. Philosophiae Doctor Doctor of Philosophy (PhD)

123. Ante meridiem (AM) Before midday

124. Post meridiwm (PM) Past midday, after midday

125. Diem Day

126. Mensem Month

127. Annum Year

128. Audio I hear

129. Dictum factum What is said is done

130. Fac simile Make alike (Fax)
Facsimile

131. In memoriam In memory of

132. Versus Against

133. Viva Voce With living voice, by word of mouth
134. Curriculum vitae Course of one’s life

135. Bonus Good, extra sum

136. Ergo Therefore

137. Pro forma As a matter of form

138. Ad rem To the point