Questions tagged [from-the-latin]

For questions involving legal terminology that derives from Latin

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What is the legal term for "cherry picking" points in an argument?

Some months ago on this site I came across a Latin term that described the idea of putting forth an argument for one side of an issue, but while doing so attempting to maintain grasp or control over a ...
Michael Hall's user avatar
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1 vote
1 answer
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What is/was "iudex non calculat"?

Wikipedia: It originates from the Roman legal concept that obvious calculation errors in a court decision are not harmful to the decision itself and can be corrected at any time. Figuratively it also ...
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What happened non-delegation of fiduciary duty?

I've read several phrases; they seem to have similar intent but translate somewhat differently: at common law, trustees had a fiduciary duty not to delegate tasks they can perform themselves. ...
Burt_Harris's user avatar
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Legal / latin term for argument that treats someone else's injuries as one's own?

Interning in a court, and I note that the defendant's brief once had a case dismissed because of potential overreach by the court, but that overreach would not injure the defendant's interests, it ...
bigjoec's user avatar
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Did the prerogative writ of prohibition ever have a Latin name?

Four of the five prerogative writs are known by their Latin names (habeas corpus, mandamus, quo warranto, certiorari), but I have never seen the fifth referred to as anything other than 'prohibition'. ...
writingonwrits's user avatar
3 votes
3 answers
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Are Latin legal terms still used?

The Latin legal term "ignoramus" is present within legal dictionaries for when there is not sufficient evidence. Are terms like this still used, or does a jury resort to plain English when ...
aitía's user avatar
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2 votes
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Meaning of Latin expressions

Please, can someone explain the meaning and give some examples of Latin expressions: 'Quot generationes, tot gradus ' 'Non omne quod licet honestum est' (and what's the difference between this ...
faro's user avatar
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2 votes
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What percentage of a Qui Tam is recovered?

In the case of a Qui Tam filing with the United States attorneys office what percentage of the recovered damages go to the person that filed with the office?
User37849012643's user avatar
1 vote
2 answers
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latin expressions in jurisprudence

I'm from Austria, which is a german speaking country. In the german language, in jurisprudence, we have lots of latin terms / expressions, because latin expressions seem to be more exact. Is this ...
Wolfgang Adamec's user avatar
3 votes
1 answer
129 views

Contract in Roman Law

I would like to find out more about contract in Roman law. Any information about contract responsibility and guilt would be helpful. I am unable to find any real life examples of those contracts, are ...
Filip Vukovic's user avatar
4 votes
1 answer
557 views

Latin expression for the advantage of being possession of disputed goods in a civil suit?

Some time ago I saw (In fact it might have been in a comic, possibly Zits.) an expression/proverb that basically said that being in possession of disputed goods meant that a civil lawsuit/quarrel was ...
d-b's user avatar
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11 votes
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What are the differences between "Malum In Se" and "Malum Prohibitum" Laws

"Malum In Se" and "Malum Prohibitum" are Latin phrases, but beyond their translations what differences do they carry with them in describing laws? Malum In Se meaning "That which is wrong in itself" ...
Jason Aller's user avatar
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