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Glossary of Latin Legal Terms: Definitions and Applications, Summaries of Law

West Bengal National University of Juridical SciencesLaw

This document offers a comprehensive glossary of essential latin legal terms, providing concise definitions and practical examples for each entry. it covers a wide range of concepts, from fundamental legal principles like *actus reus* and *mens rea* to more specialized terms such as *amicus curiae*, *bona fide*, and *stare decisis*. The glossary is valuable for students of law, legal professionals, and anyone interested in understanding the historical and contemporary use of latin in the legal field. each term's definition is accompanied by context to enhance understanding and application.

Typology: Summaries

2022/2023

Available from 04/20/2025

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1. Actus reus non facit reum nisi mens sit rea
A person cannot be guilty of a crime unless two elements are present: the * actus
reus(“guilty act”) and the * mens rea (“guilty mind”). Most criminal offences require
(1) an actus reus (conduct “external” to the defendant's thoughts and intentions)
(2) a mens rea (a specific state of mind on the part of the accused)
2. Ad valorem
Ad valorem translated directly from Latin, means "according to the value of
something.” It is commonly used in taxation
The term “ad valorem” is Latin for “according to value,” which means that it is flexible
and depends on the assessed value of an asset, product, or service.
It is commonly used in the context of taxation and duties, where a percentage is
applied to the assessed value of goods, property, or services, rather than a fixed
amount.
3. Amicus Curiae
The term “amicus curiae” originates from Latin, meaning “friend of the court.” It
refers to someone who is not a party to a case but offers information, expertise or
insight that bears on the issues in the case. The primary function of an amicus curiae
is to provide a court with a broader perspective, often bringing in arguments and
information that the direct parties in the case might overlook.
In India, the role of amicus curiae has evolved significantly, becoming a vital part of
the judiciary’s endeavour to uphold justice. Historical cases have seen amici curiae
assist in matters ranging from constitutional interpretation to human rights issues,
underscoring their importance in the legal landscape. The Supreme Court and High
Courts in India often appoint senior advocates with substantial experience and
expertise as amici curiae.
4. Audi Alteram Partem
It is the primary principle of natural justice. It highlights that both the parties have a
right to speak and be heard. Thus the court will not give a decision without giving
both the parties an opportunity to present their case - No party should be
condemned un- heard. This maxim ensures that a fair hearing is given to both the
parties and justice is done.
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  1. Actus reus non facit reum nisi mens sit rea

A person cannot be guilty of a crime unless two elements are present: the * actus reus (“guilty act”) and the * mens rea (“guilty mind”). Most criminal offences require

(1) an actus reus (conduct “external” to the defendant's thoughts and intentions) (2) a mens rea (a specific state of mind on the part of the accused)

  1. Ad valorem

Ad valorem translated directly from Latin, means "according to the value of something.” It is commonly used in taxation The term “ad valorem” is Latin for “according to value,” which means that it is flexible and depends on the assessed value of an asset, product, or service. It is commonly used in the context of taxation and duties, where a percentage is applied to the assessed value of goods, property, or services, rather than a fixed amount.

  1. Amicus Curiae

The term “amicus curiae” originates from Latin, meaning “friend of the court.” It refers to someone who is not a party to a case but offers information, expertise or insight that bears on the issues in the case. The primary function of an amicus curiae is to provide a court with a broader perspective, often bringing in arguments and information that the direct parties in the case might overlook. In India, the role of amicus curiae has evolved significantly, becoming a vital part of the judiciary’s endeavour to uphold justice. Historical cases have seen amici curiae assist in matters ranging from constitutional interpretation to human rights issues, underscoring their importance in the legal landscape. The Supreme Court and High Courts in India often appoint senior advocates with substantial experience and expertise as amici curiae.

  1. Audi Alteram Partem

It is the primary principle of natural justice. It highlights that both the parties have a right to speak and be heard. Thus the court will not give a decision without giving both the parties an opportunity to present their case - No party should be condemned un- heard. This maxim ensures that a fair hearing is given to both the parties and justice is done.

  1. Assentio Mentium

Assentio Mentium means ‘meeting of minds or mutual consent’. It is synonymous with the legal term consensus ad idem as commonly used in law of contracts. This can be express or implied.

  1. Bona Fide

Bona fide is a Latin term that means "in good faith" or "in sincere intention." It is commonly used in legal circles to denote an honest, genuine belief or action taken without any deception or ulterior motive. In essence, it means, acting in good faith and is the opposite of acting in bad faith.

For instance - A bona fide agreement or transaction is one that is made with honest intentions and without any fraudulent or deceitful behavior. The concept of Bona fide plays a crucial role in the legal system as it provides a basis for upholding the integrity and fairness of contracts and legal agreements.

  1. Bona Vacantia

Bona vacantia, also known as “vacant goods” or "ownerless goods" in Latin, is a legal term for the situation in which property is left without any clear owner.

Bona vacantia can also refer to property left by someone who has died intestate (without a legal will) and has no known heirs.

  1. Caveat Emptor Caveat emptor is a Latin phrase that means "let the buyer beware." Like the phrase "sold as is," this term means that the buyer assumes the risk that a product may fail to meet expectations or have defects. The principle of caveat emptor serves as a warning: buyers have no recourse with the seller if the product doesn't meet their expectations. Laws have changed to offer better protection for buyers, but you might still encounter a product you can't return or repair through the seller.

This term is part of a longer Latin statement: Caveat emptor, quia ignorare non debuit quod jus alienum emit. Translated, it means, "Let a purchaser beware, for they ought not to be ignorant of the nature of the property which they are buying from another party

  1. Corpus Delicto

the criminal intention/mens rea required to hold a person guilty of an offence. ● A child has to be protected from the rigours of the law at his tender age.

  1. Ejusdem Generis Ejusdem generis is a Latin phrase that means “of the same kind.” It is a principle used in interpretation of statutes. The principle of “ejusdem generis” states that where general words or phrases follow a number of specific words or phrases, the general words are specifically construed as limited and apply only to persons or things of the same kind or class as those expressly mentioned. For example, if a law refers to automobiles, trucks, tractors, motorcycles, and other motor-powered vehicles, a court might use ejusdem generis to hold that such vehicles would not include airplanes, because the list included only land-based transportation.
  2. Ex Post Facto This means - done, made, or formulated after the fact Ex post facto (translated literally means "after the fact"). Ex post facto describes the process of using a new law to prosecute and punish old behavior that was not illegal at the time. An ex post facto law is legislation that penalizes a party for taking actions that may be illegal today but was not illegal at the time the act was committed.
  3. Ignorantia Facti Excusat “Ignorantia Facti Excusat” means that ignorance of fact is an excuse (Ignorance of facts is excusable). This principle provides a defence for individuals who may have caused harm due to a lack of knowledge or information. For example, if a person was driving a car and accidentally hit a pedestrian who suddenly ran onto the road, the driver may be able to use “Ignorantia Facti Excusat” as a defence if they can prove that they did not see the pedestrian and could not have avoided the accident.
  4. Ignorantia Juris Non Excusat Ignorantia Juris Non Excusat” means that ignorance of the law is no excuse. This principle places the responsibility on individuals to know and follow the law, regardless of whether they were aware of the law or not. In other words, a person cannot avoid liability by claiming that they did not know the law.
  5. Injuria Sine Damnum Damnum-damage in terms of substantial loss of money, comfort, health, service etc. as it was observed in the case. Injuria-it means a breach of legal right or infringement of legal right. This maxim means “injury without damage.” This principle asserts that an action can be actionable even without actual damage or loss. The emphasis is on the violation of a legal right, irrespective of any physical or financial harm.
  1. Locus Standi Locus standi, a Latin term, refers to the legal standing or the right to bring a particular lawsuit or legal action. ● It is a concept in law that determines whether a person has sufficient interest in a case to justify bringing it to court. ● In other words, it deals with whether a person or entity has a direct and personal stake in the outcome of a legal dispute, allowing them to be a party in the case. ● To have locus standi, a party typically needs to demonstrate that they have suffered a specific injury, harm, or have a direct interest in the matter at hand. ● The idea is to ensure that only those with a genuine connection to the legal issue are allowed to participate in the legal process. ● Without locus standi, a person or entity may not have the right to initiate legal proceedings or participate in a lawsuit.

Over all these years, the principle of locus standi has evolved to a great extent. The traditional concept that only aggrieved persons can bring suit in court led to the deprivation of justice by many. So now the rigid view has been relaxed so that even people of weaker sections can get justice. It means any person who is acting in good faith can bring a suit in the court of law. This relaxation in the principle of locus standi is the result of judicial activism. The relaxation of locus standi has promoted the public interest litigation and this has led to a revolution in the administration of justice. But due to this relaxation, principle of locus standi is abused which leads to accumulation of frivolous cases in the court. So, the courts must be cautious while admitting a case so that there is no misuse of the principle of locus standi.

  1. Nemo debet esse judex in propria causa – It is a Latin phrase that means "no one should be a judge in their own case". It's a fundamental principle of natural justice that ensures fairness and impartiality in legal proceedings
  2. Nemo Debt non Quad habit – The Latin phrase "Nemo dat quod non habet" translates to "no one gives what he does not have." In legal terms, it means that a purchaser of goods cannot acquire legal title to those goods if the seller did not have title to pass. For example, if A sells a car to B, but A had stolen the car and did not actually own it, then B cannot obtain legal ownership of the car, even if B was unaware it was stolen.
  3. Noscitur a sociis – It is a doctrine or rule of construction, The meaning of an unclear or ambiguous word (as in a statute or contract) should be determined by considering the words with which it is associated in the context
  1. Res judicata pro veritate accipitur- A decision of a judicial authority must be duly accepted as correct. If the judicial decision is not respected as conclusive, then there will be indefinite litigation, which will lead to confusion and chaos
  2. Salus Populi Est Suprema Lex - Salus Populi Suprema Lex is a Latin legal phrase meaning "the welfare of the people is the supreme law." It expresses the principle that the well-being of the public should be a primary concern and guiding force behind the creation and interpretation of laws.
  3. Stare Decisis - Stare decisis is a legal term that refers to the doctrine of precedent, well established in common law – court rulings being guided by previous judicial decisions. The term is derived from a Latin phrase that means “to stand by things decided” or “let the decision stand.”. Lower court rulings should be guided by the precedents rulings of higher courts. A primary purpose of following the doctrine of stare decisis is to help ensure uniformity and fairness in the application of the law.
  4. Ubi Jus Ibi Remedium - Ubi jus ibi remedium is a Latin legal maxim that translates to "where there is a right, there is a remedy." It encapsulates the principle that when a legal right is violated, the law provides a corresponding remedy or relief to the aggrieved party.