Introduction to Latin Legal Terms
The use of Latin in legal terminology has been long-standing, with roots tracing back as far as ancient Rome. However, even today, Latin remains firmly entrenched in the field of law. In fact, despite living in a time of international legal parlance, the use of Latin legal terms is strong. Latin terms are frequently used in legal documents and proceedings, serving as time-honored standards that streamline communication across various areas of law.
Latin legal terms are not only formalities, but they also promote precise understanding amongst practitioners and judges. They are regularly utilized in judicial opinions, scholarly publications, and other legal documents in a variety of jurisdictions, and are of paramount importance in the fields of criminal , civil, tax, and other subset of law.
Latin legal terms are often used to condense complex thoughts, allowing for succinct expression of a specific concept or common idea. This conciseness can be especially useful for legal terms of art; otherwise, lengthy parameters would be needed to fully described the concept expressed by the term. Importantly, Latin terms can assist in understanding law. The use of Latin legal terminology perpetuates a system of legal interpretation where these words are routinely thought of together with specific statutes or ideas. While the Latin term may not always be found in the statute themselves, the provision, statute or concept is often intimately associated with the term, illuminating its meaning and application.
Essential Latin Legal Terms and Their Definitions
The following are some of the most commonly used Latin legal terms:
De novo – This means "from the beginning" and is often used to describe a trial held by a higher court after an appellate court has remanded a case back down to that court. For example, after finding that the trial court has made an error, the appellate court may grant a trial, de novo, to the defendant. A trial de novo is also one that a party can request when taking an appeal from a small claims court.
Ipse dixit – Literally translating to "he said it himself," Ipse dixit is an argument that uses authority as proof. Basically, it’s just someone saying that it’s true because they say it’s true.
Pro bono – Pro bono is short for pro bono publico, which literally means "for the public good." If you use the term within a sentence, the "Public" is usually omitted. The term is used to refer to work that’s undertaken voluntarily, as in a lawyer providing services free of charge.
Ratio decidendi – This is a legal "principle" or legal rule, which forms the basis of a decision made by a judge in a higher court and is used as authority to support a judgment in another case. It translates to "reason for the decision."
Stare decisis – Stare decisis is usually used with the phrase ‘stare decisis et non quieta movere’ meaning "to stand by things decided and not to disturb settled matters." The doctrine of stare decisis is when courts use previous rulings to determine the outcome of current cases that bear similarities to the earlier cases. It generally refers to a decision that has been appealed to a higher court and precedent has been set.
Res judicata – Literally meaning "a matter judged," res judicata refers to a situation where the same issue has already been raised before an appellate court or a final ruling has been entered in a case. In general, courts will only hear a case on appeal one time, based on the idea that the issue was judiciously raised previously and thoroughly addressed. The main purpose of res judicata is to prevent inconsistent judgments.
Ejusdem generis – This is a rule that states when there is a list of words that are all essentially of the same nature, it means that the following words, that are not concerned, also mean that. It literally means "of the same kind."
Habeas corpus – Literally meaning "you have the body," a writ of habeas corpus is a court order to bring a prisoner before the court to contest the legality of his/her imprisonment.
Prima facie – Meaning "first appearance," prima facie evidence is the existence of evidence in its simplest form that appears credible. The use of prima facie evidence does not mean that it is in itself sufficient to justify a case or to determine guilt, but is a type of evidence that is enough for an issue to be decided unless contradicted.
The Advantages of Familiarizing Yourself with Latin Legal Terms
Professionals in the legal field can benefit from a familiarity with Latin legal terms in more than one way. In addition to providing them with a better understanding of complex legal language, it can also help them communicate more clearly and successfully with clients and others in their field. Knowledge of Latin legal terms gives legal professionals a tangible edge over the competition. It eliminates doubt and confusion, contributing to the effectiveness of all communications, including conversations, speeches and written materials. In addition, a grasp of Latin legal words and expressions can boost a professional’s confidence overall, which is vital in any aspect of the legal field. Writing is a key element of most legal jobs. By using clear, unambiguous language and concepts, legal professionals can create materials that will be easily and consistently understood by ordinary people and those who are more familiar with the law. The more complex and multifaceted the subject at hand, the more important it is to use the precision language provided by many Latin legal terms. Some of the most commonly used versions of these Latin words and phrases may also ensure they are understood by nearly anyone who is able to read and comprehend English. Knowledge of Latin legal terms is valuable for all legal professionals. It can also be helpful for educators, particularly those who specialize in teaching and writing about law. An understanding of these terms can enable educators to more effectively explain complex legal concepts to students at all levels and assist them in using that information in future studies.
Tools and Resources for Mastering Latin Legal Terms
The beauty of technology is that it allows learners to have just about any resource instantaneously at their fingertips. The following are some options you can consider to learn more about Latin legal terms:
Books and Practice Guides
There are books that contain a plethora of Latin legal terms with translations. These are great because you can keep them readily accessible when you need to look up a term quickly. Consider these options:
Latin for Lawyers: Mastering Plain English Spelling of Legal Latin by Ellyn Arons – Perfect for the Latin novice, this reference book contains several entries dedicated to the use of Latin legal terms in plain speech. It is well-sourced and an accurate interpretation of Latin legal terms.
A Latin Legal Glossary (4th Edition) by Edward Johnson – A wonderful reference for learning Latin legal terms, this book is divided into four sections (general criminal law, constitutional law, civil law, and immigration law). It proves useful not only for lawyers but also for civilians looking to decode legal jargon.
Online Courses
If you are the type of learner that benefits from a lecture, you can find several online courses dedicated to teaching legal Latin. Some of them include:
Mastering Legal Latin by John Greco (Udemy) – Aimed at lawyers, judges , law students, legal assistants and paralegals, these video lectures will help you understand some of the English meanings behind common legal Latin terms, from habeas corpus to res judicata.
Legal Theory Lexicon 2020 by Larry Solum (University of Chicago) – A free video series on legal theory, this will help you get started in understanding how Latin legal terms are used in common practice.
Internet Sources
There are plenty of excellent websites where you can find the correct legal translations, including:
Per Lex Latinitatis: Lexicon Latinum Jurisprudentiae Anglorum
Glossaire des termes juridiques Latins en usage en France, Suisse, Belgique et Luxembourg
WebLatin
LawProfs
Apps
There are also apps that you can download to your mobile device to help you learn legal Latin, such as:
Other Useful Resources
You may also want to consider legal dictionaries, translators and encyclopedias (some good examples are the Oxford English Dictionary, Oxford English Grammar (Oxford Dictionary), the Merriam-Webster Dictionary, the Language Translator and the Encyclopedia of Philosophy).
Finally, there are several blogs, websites, Facebook pages and other social media sites dedicated to the analysis and explanation of Latin legal terms. Research them to find one that works for you.
Developing Your Personal Latin Legal Terms PDF
If you want to try your hand at organizing all this information and creating your own Latin legal terms PDF, here’s how I would suggest doing it:
- Take the time to go through these lists and categorize the terms in the best way you think makes sense.
- Make sure you are 100% sure of what the term means and how to use it.
- Check for any typos or errors in your list and make sure you have listed all the relevant terms you can find.
- Make sure you mention any other lists you find that differ from this one or that you simply haven’t yet gotten around to creating yet.
- Decide on a place to save the file on your computer so you can find it again easily later .
- Do the same with all the terms from each of the other categories and then locate each PDF, rename them as necessary and put them together in a folder so you can find them easily later.
- Organize your file some other way that works for you so you can find the files easily when you need to look something up later.
Alternatively, you could try to use a free online resource to perform the same function so you don’t end up with a pile of files on your computer that you have to organize later, but that may or may not work for you depending on where you are and whether you have a reliable internet connection while you’re trying to update your various lists of terms.
