Scots law
dictionary
def: jargon buster
legal
terms in Scots law
a b c d e f g h i j k l m n o p q r s t u v x y z
ab initio: from the beginning
actus reus: a guilty deed or act
ad infinitum: forever
ad litem: appointed for a legal action
ad personam: personal
ad rem: to the point; to the purpose
altius non tollendi: a servitude preventing the servient owner from building beyond a certain height on his own ground
ante: before
apud acta: at the time of the proceedings
avizandum: the time during which the court considers its judgment
beneficium: a privilege, benefit, or right
bona fide: sincerely
bona fides: good faith
ceteris paribus: other things being equal
circa: approximately
consensus: agreement
conductio indebiti: an action for repayment of money paid in error
consensu: unanimously or, by general consent
consensus ad idem: agreement as to the same things
contra: against; to the contrary
contra bonos mores: contrary to good morals
corpus: body
corpus delicti: body of offence
damnum: damage, loss
damnum fatale: a loss due to an ‘act of God’ e.g. a storm or a flood
de die in diem: from day to day
de facto: in fact
de futuro: in the future
de jure or de iure: by law, rightful
de integro: as regards the whole
de lege ferenda: according to the law as it ought to be
de lege lata: according to the current law
de legibus: of law
de minimis (de minimis non curat lex): trivial (the law is not concerned with trivial matters)
dictum (pl. dicta): a judicial observation (often made during a judgment) – an observation ‘obiter dictum’ cannot be binding (cf. the ‘ratio’ of a judgment)
doli incapax: incapable of crime
dominium: ownership
esto: suppose it to be so (used to plead an alternative set of circumstances in a claim)
ex concessis: in view of what has already been accepted
ex gratia: freely; without a legal obligation
ex officio: by virtue of one's office
ex parte: for proceedings, when the party against whom they are brought is not heard
ex posto facto: after the event
faciendum: something which is to be done
factum: an act or deed
hinc inde: on the one hand and on the other
ibid: at the same place (used in footnotes for work already cited previously)
ignorantia juris neminem excusat: no-one is excused by ignorance of the law
in camera: in private
in dubio: on a doubtful point
in esse: in existence
in extenso: at full length
in hoc statu: in this state of matters; at this stage of the proceedings
injuria: wrongful act; injustice (also iniuria)
in loco parentis: in place of the parent
in modo probationis: in the way of proof
in omnibus: in every respect
in pleno: in full
in rem suam: to one's own advantage
in situ: in its place
in solidum: for the whole sum
inter alia: among other things
inter amicos: between friends
interlocutor: a decision or order or the court (as opposed to the final judgment or decree)
in terrorem: as a warning or deterrent
inter vivos: between living persons
in toto: in total, in full
ipsissima verba: the very words of a speaker
ipso facto: by that very fact; thereby
ius: right recognised by law (also jus)
ius ad rem: right to a thing (personal right) (jus ad rem)
ius in personam: personal right (also jus in personam)
ius in rem: right in a thing (real right) (also jus in rem)
ius naturale: natural justice (alsojus naturale)
ius quaesitum tertio: right acquired by a third party (in a contract between others) (also jus quaesitum tertio)
jus: right recognised by law (also ius)
jus ad rem: right to a thing (personal right) (ius ad rem)
jus in personam: personal right (also ius in personam)
jus in rem: right in a thing (real right) (also ius in rem)
jus naturale: natural justice (also ius naturale)
jus quaesitum tertio: right acquired by a third party (in a contract between others) (also ius quaesitum tertio)
labes realis: an inherent taint or defect in a title to property (also known as vitium reale)
leonina societa: a partnership in which one of the partners take all the gains, whereas the other bears all the losses
lex: law (often written law)
lex loci contractus: the law of a place where a contract was made; according to private international law it is the proper law by which to resolve disputes about a contract
locus: place; the spot where an important event for the matter in hand has taken place
locus in quo: scene of the event
locus standi: the right to be heard before a tribunal
mala fides: bad faith; used in phrase "mala fide possessor" which refers to one who possesses property upon a title which he knows or should know to be invalid
male appretiata: for the property of a deceased person, to be wrongly valued
medium concludendi: a ground of action
mens rea: intention or thought
modus: the narration of the facts and circumstances in a criminal charge
modus operandi: way of doing something
mora: the delay in asserting a claim, which, when coupled with prejudice to the defender, may prevent the pursuer from recovering
mortis causa: on account of death
mutatis mutandis: exactly the same
negotiorum gestor: a person that in an emergency steps in and acts for another who cannot act for himself, e.g. due to absence (the relevant process is called negotiorum gestio)
nemo dat quod non habet: one can give a better title than the one he has
nexus: connection
nisi: unless
non compos mentis: not of sound mind and understanding
non sequitur: an inconsistent statement, it does not follow
non valens agere: the unfitness of a person to act by reason of minority
obiter dictum: of judicial statements, not essential to the decision of the case and therefore without binding authority (pl. obiter dicta)
occupatio: a mode of acquiring property by appropriating a thing
onus probandi: burden of proof
ope et concilio: by help and counsel (a synonym for "art and part")
ope exceptionis: as a defence; by way of exception
pacta sunt servanda: agreements must be followed
pactum: agreement
pactum illicitum: unlawful contract
par delictum: equal fault
pari passu: equally
particeps criminis: accomplice
penuria testium: lack of witnesses
per curiam: in the opinion of the court
per minas: by means of menaces or threats
per quod: by reason of which
per se: by itself
post: after; later
post mortem: after death
pretium affectionis: a price or value placed upon a thing owing to its owner's attachment to it
prima facie: at first sight; on the face of it
prima impressionis: on first impression
probabilis causa litigandi: substantial grounds for commencing legal action
probatio probata: a fact given in evidence which may not be contradicted
pro hac vice: for this occasion
pro rata: in proportion
pro re nata: as the occasion arises
pro tanto: so far, to that extent
pro tempore: for the time being
publici juris: of public right (also of publici iuris)
quaere: consider whether it is correct
quaeritur: the question is raised
quantum: how much, an amount
quid juris: what is the law? (also quid iuris) (used often in exam questions)
quid pro quo: consideration. something for something
ratio decidendi: the rule for which a stand as authority
re: in the matter of
res: thing; the object of an action; matter, affair
res communes: things in their nature incapable of appropriation, such as light and air
res gestae: the circumstances of a case
res iudicata: a question decided by competent legal proceedings, which cannot again be raised (also res judicata)
res noviter veniens ad notitiam: information newly discovered, sometimes justifying the admission of new matter in a case, or a new trial
res nullius: a thing which never had an owner or which had, but lost its owner
res publicae: things in which the property resides in the state alone, like navigable rivers and highways
restitutio in integrum: restoration to the original position or condition
res universitatis: things belonging to a corporation, whose use is common to the members
sciens: knowingly
secus: the legal position is different
se defendendo: in self defence
sine die: indefinitely
sine qua non: an indispensable condition
socius criminis: accomplice in crime
solatium: damages given by way of reparation for injury to feelings
status quo: the existing state of affairs
sub modo: within limits
sub nomine: under the name of
sub silentio: in silence
suggestio falsi: the suggestion of something which is untrue
sui generis: unique
supra: above; earlier
suppressio veri: the suppression of the truth
talis qualis: such as it is
tertius: third party
uberrima fides: the utmost good faith
ultimum refugium: last resort
ultimus haeres: last heir; the Crown inherits as last heir for want of other
heirs
uno flatu: at the same moment; with one breath
verbatim: word by word; exactly
veritas: truth
vide: see
vis et metus: force and fear
vitium reale: An inherent taint or defect in a title to property (also known as labes realis)
volens: willing