Everyone Has Right to get Justice through Judiciary
Everyone Has Right to get Justice through Judiciary
a fortiori: all the more; from a stronger reason.
“a fortiori” refers to a conclusion drawn from a stronger argument or from a premise that is already accepted as true. It is used to indicate that if a certain proposition is true, then an even stronger proposition must also be true. For example, If a person is deemed unfit to manage their own finances due to mental incapacity, then a fortiori, they should also be deemed unfit to make decisions regarding their medical treatment, as managing finances requires a lesser degree of mental capacity than making medical decisions.
a posteriori : argument from the consequence to the antecedent. “a posteriori” refers to reasoning or knowledge that is based on observed facts, evidence, or specific circumstances. example of “a posteriori” reasoning in law would be a court decision based on witness testimonies, physical evidence, and other factual information presented during a trial. For instance, if a person is accused of theft, and the court determines their guilt based on surveillance footage, witness statements, and forensic evidence, that decision would be considered “a posteriori” because it relies on observed facts rather than purely theoretical or deductive reasoning.
a priori: deductive; from earlier i.e. original or antecedent; argument
from antecedent to the consequent; not empirical.
“A priori” is a Latin term meaning “from the earlier” or “from what comes before.” In philosophy and epistemology, it refers to knowledge or reasoning that is independent of experience or empirical evidence, often arrived at through deductive reasoning or intuition.
For example, a judge may make an a priori ruling based on legal precedent before considering the specific facts of a case.
The phrase "a verbis legis non est recedendum" is a Latin legal maxim that translates to "from the words of the law there must be no departure." This principle emphasizes the importance of interpreting and applying laws based on their precise wording or literal meaning, rather than deviating from the language used in the statute. It highlights the significance of adhering to the letter of the law in legal interpretation and decision-making.
An example of "a verbis legis non est recedendum" in action would be a court's interpretation of a statute that clearly states that a person must be 18 years old to vote in an election. If a case arises where a 17-year-old attempts to vote, the court would likely uphold the literal interpretation of the law and deny the individual the right to vote, adhering strictly to the wording of the statute.
ab initio: from the beginning. In legal contexts, it can refer to actions or decisions made from the beginning of a legal process or contractual agreement. For instance, if a contract was entered into through coercion or fraud, a court might declare the contract void “ab initio,” meaning it is considered null and void from the moment it was created, as if it never existed.
“Ab intestato” is a Latin term meaning “without a will.” In legal contexts, it refers to the situation where someone dies without having made a valid will or testamentary document to distribute their estate. When a person dies “ab intestato,” the distribution of their assets is typically governed by intestacy laws, which determine how the estate will be divided among the deceased person’s heirs according to legal rules and procedures.
meaning is plain language does not need an interpreter
great caution does no harm
the accessory right does not lead, but follows its principal
an accuser is not to be heard after a reasonable time unless he can account satisfactorily for the delay
a personal right of action dies with the person, in other words, the personal action dies with a man
the burden of proof lies on the plaintiff or the prosecution
the act itself does not constitute guilt unless done with a guilty intent.
one who is an accessory to crime cannot be guilty of a more seriouscrime than the principal offender
• Ab extra – From outside
• Ad audiendum – To hear
• Ad alium diem – At another day
• Ad hoc – For a particular purpose
• Ad infinitum – Forever, without limit, to infinity
• Ad interim – In the meantime
• Ad litem – For the suit (e.g., guardian ad litem)
• Ad valorem – According to the value
• Actiones legis – Lawsuits
• Actus reus – A guilty deed or act
an imperfec possession is accustomed to prevail as against outsiders claiming adverserly
it is no proper to build up on one's own land what may be injurious to another
equity never contradicts the law
• Alibi – At another place, elsewhere
• Aliunde – From elsewhere, or from a different source
• Amicus curiae – A friend of the Court
• Animo furandi – With an intention of stealing
• Annus luctus – The year of mourning
• Ante – Before
• Assentio mentium – The meeting of minds, i.e., mutual assent
• Aula regis – The King’s Court
• Bona fide – Sincere, in good faith
• Cadit quaestio – The matter admits of no further argument
• Cassetur billa (breve) – Let the writ be quashed
• Caveat emptor – Let the purchaser beware
• Caveat venditor – Let the seller beware
• Ceteris paribus – Other things being equal
• Conventio et modus vincunt legem – A contract and agreement overcome the law
• Consensu – Unanimously or by general consent
• Coram non judice – Before one who is not a judge
• Corpus – Body
• Corpus delicti – The body, i.e., the gist of a crime
• Cujus est dare, ejus est disponere – He who has a right to give has the right to dispose of the gift
• Damnum sine injuria – Damage without legal injury
• De bonis asportatis – Of goods carried away
• De die in diem – From day to day
• De facto – In fact
• De futuro – In the future
• De jure – Rightful, by right
• De novo – Starting afresh
• Debile fundamentum fallit opus – Where there is a weak foundation, the work fails
• Debitor non praesumitur donare – A debtor is not presumed to make a gift
• Dies Dominicus non est juridicus – Sunday is not a day in law
• Doli incapax – Incapable of crime
• Dominium – Ownership
• Dormiunt leges aliquando, nunquam moriuntur – The laws sometimes sleep, but never die
• Dubitante – Doubting the correctness of the decision
• Duo non possunt in solido unam rem possidere – Two cannot possess one thing each in entirety
• Et cetera – Other things of that type
• Ex dolo malo actio non oritur – A right of action cannot arise out of fraud
• 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 consideration
• Ex-officio – By virtue of an office
• Ex parte – Expression used to signify something done or said by one person not in the presence of his opponent
• Ex turpi causa – From a base cause
• Executio est finis et fructus legis – An execution is the end and the fruit of the law
• Factum valet – The fact which cannot be altered, though it should not have been done
• Falsus in uno, falsus in omnibus – False in one, false in all; i.e., false in one particular, false in all
• Felodese – One who feloniously commits suicide
• Ignorantia facti excusat; ignorantia juris non excusat – Ignorance of fact excuses; ignorance of law does not excuse
• Impossibilium nulla obligatio est – There is no obligation to do impossible things
• In esse – In existence
• In forma pauperis – In the character of a pauper
• In limine – At the outset
• In pari delicto – Where both parties are equally in fault; in equal fault
• In pari materia (in pari causa) – In an analogous cause, case, or position
• In personam – An act or proceeding done or directed against or with reference to a specific person
• In rem – An act or proceeding done or directed with reference to no specific person or with reference to all whom it might concern
• Injuria sine damno – Injury without damage; an infringement of a right without causing damage
• Intelligible differentia – Difference capable of being understood; a factor that distinguishes one in a different state or class from another, which is capable of being understood
• Inter alia – Amongst other things
• Intra vires – Within the powers; within the authority given by law
• Ipso jure – By the law itself
• Lex non cogit ad impossibilia – The law does not compel the impossible
• Lex talionis – Law of retaliation
• Novus actus interveniens – A new act intervening
• Nudum pactum – Without consideration
• Obiter dicta – An opinion of law not necessary to the decision
• Onus probandi – The burden of proving; the burden of proof
• Pacta sunt servanda – Contracts are to be kept
• Pari passu – At an equal rate or pace
• Pendente lite – During litigation
• Per annum – By the year
• Per capita – (Counting) by heads
• Per diem – By the day
• Per incuriam – Through carelessness, through inadvertence
• Per mensem – By the month
• Per centum ad valorem – Percentage according to the value
• Persona grata – An acceptable person
• Plenum dominium – Full ownership; the right of property in a thing coupled with the right to its use and enjoyment
• Prima facie – On the face of it; at first sight; arising at first sight; based on the first impression
• Pro bono publico – For the public good
• Prorata – In proportion
• Pro tanto – To that extent
• Proprio vigore – By its own force
• Quaeritur – The question is raised
• Quantum – How much; an amount
• Quantum meruit – As much as merited; the reasonable amount to be paid for services rendered or work done
• Qui non habet, ille non dat – He who has not, does not give
• Qui tacet consentire videtur – He who is silent appears to consent
• Quid pro quo – Consideration; something for something
• Quod non habet principium non habet finem – What has no beginning has no end
• Ratio decidendi – Reasons for deciding; grounds of decision
• Ratio legis – The reasons of the law
• Reductio ad absurdum – The method of disproving an argument by showing that it leads to an absurd consequence
• Re – In the matter of
• Res – Matter, affair, thing, circumstance
• Res communes – Things common to all
• Res gestae – Things done
• Res integra – An untouched matter; a point without a precedent; a case of novel impression
• Res ipsa loquitur – The thing speaks for itself; this maxim means that in certain cases, one fact raises a prima facie presumption of another fact unless and until the contrary is proved
• Respondeat superior – Let the principal answer
• Salus populi est suprema lex – The safety of the people is the supreme law
• Sciens – Knowingly
• Se defendendo – In self-defense
• Stare decisis – To stand by decisions (precedents)
• Stet – Do not delete; let it stand
• Sub modo – Within limits
• Sub nomine – Under the name of
• Status quo – Existing condition
• Sub judice – In course of trial
• Sub silentio – Silently
• Sui juris (of his own right) – A phrase used to denote a person who is under no disability affecting his legal power to make conveyances of his property, to bind himself by contracts, and to sue and be sued, as opposed to persons wholly or partially under disability, such as minors or mentally disordered persons
• Suo motu – On its own motion or voluntarily
• Sui generis – Unique
• Suppressio veri; suggestio falsi – Suppressing the truth; suggesting the false
• Talis qualis – Such as it is
• Terra firma – Solid ground
• Terminus a quo – Place of beginning; point of beginning
• Transfer inter vivos – Transfer between living persons
• Transit terra cum onere – The land passes with its burden
• Uberrimae fide (uberrima fides) – Of the fullest confidence; of the utmost good faith
• Ubi jus ibi remedium – Where there is a right, there is a remedy
• 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
• Ultra vires – Beyond one’s power
• Verbatim – Word by word, exactly
• Vi et armis – With 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
• Volens – Willing
• Volenti non fit injuria – An injury is not done to one consenting to it
• Vires – Authority; power
• Viva voce – Expressed or conducted by word of mouth; oral
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