Consensus facit legem
Consent makes the law. A contract is a law between the parties, which can acquire force only by consent.
consimili casu consimile debet esse remedium
In a similar case, there ought to be a similar remedy.
contra proferentem
The contra proferentem rule is a legal doctrine in contract law which states that any clause considered to be ambiguous should be interpreted against the interests of the party that created, introduced, or requested that a clause be included. The contra proferentem rule guides the legal interpretation of contracts and is typically applied when a contract is challenged in court.
Coram non judice
Latin for “not before a judge”, is a legal term typically used to indicate a legal proceeding that is outside the presence of a judge (or in the presence of a person who is not a judge),[1] with improper venue, or without jurisdiction. Any indictment or sentence passed by a court which has no authority to try an accused of that offence, is clearly in violation of the law and would be coram non judice and a nullity. The exception non sui juris, “not of one’s own right”, is available at any time, including after judgment (Bracton).
Disparata non debent jungi
Unequal things ought not to be joined.
do, dico, addico.
I give, I say, I adjudge. Three words used in the Roman law, to express the extent of the civil jurisdiction of the prietor. Do denoted that he gave or granted actions, exceptions, and judices;
dico, that he pronounced judgment;
addico, that he adjudged the controverted property, or the goods of the debtor, etc., to the plaintiff. Mackeld. Rom. Law.
Ei incumbit probatio qui dicit, non qui negat
The burden of the proof lies upon him who affirms, not he who denies.
executor de son tort
A person who without legal authority assumes control of a deceased person’s property as if he were executor.
ex una parte
From one thing you can discern all. https://thelawdictionary.org/ex-una-parte/
ie. if a Parliament or Judiciary is not created or sitting pursuant to Clause 2 and Clause 5 of the Constitution, it is invalid and all else they administer is invalid.
glossa viperina est quae corrodit viscera textus
It is a poisonous gloss which corrupts the essence of the text.
ie. Chicago Manual of Styles – Languages other than English, s11:147
Eg. Anything written in CAPITAL LETTERS is NOT written in the English language. It is a deliberate deception.
ius civile
“law of citizens” i.e. what we call Roman law.
Ius civile vigilantibus scriptum est
In its original form, the adage means that private law is written for those persons who are vigilant in pursuing their interests and diligently care for their own affairs.[1]
Many variants of it are known: In American and Australian law vigilantibus non dormientibus aequitas subvenit is used and introduced as a principle of equity (aequitas). In this variation the principle translates to “[e]quity assists the vigilant, not those who sleep upon their rights”.[2] A similar variant – leges vigilantibus non dormientibus subserviunt – is known in public international law and means that “[t]he laws serve those who are vigilant, not those who are sleeping.”[3]
juridical person
A legal entity which is different from a natural person.
liberta
Freedwoman, ex-slave
malum quo communius eo peius
The more common an evil is, the worse it is.
mens rea
criminal intent
nunc pro tunc
Now for then. A phrase applied to acts allowed to be done after the time when they should be done, with a retroactive effect, i. e., with the same effect as if regularly done.
Eg. uses: revoke PoA or creation of CQV trust account.
Onus probandi incumbit ei qui dicit, non ei qui negat
or can be shortened to:
onus probandi
is the obligation on a party in a dispute to provide sufficient warrant for its position.
Pacta sunt servanda
Latin for “agreements must be kept”,[1] is a brocard and a fundamental principle of law. According to Hans Wehberg, a professor of international law, “few rules for the ordering of Society have such a deep moral and religious influence” as this principle.[2] See also post on this topic.
Peregrinus
In the early Roman Empire, from 30 BC to AD 212, a peregrinus (Latin: [pærɛˈɡriːnʊs]) was a free provincial subject of the Empire who was not a Roman citizen.
Postliminium
In the Civil Law. The return or restoration of a person to a former estate or right; sometimes, in English, “postliminy.” A fiction applied in the case of a person who had been taken prisoner by an enemy, and afterwards returned from captivity, by which he was supposed never to have been abroad, and was on this ground restored to his former rights.
Praetor (/ˈpriːtər/ PREE-tər, Classical Latin: [ˈprae̯tɔr]), also pretor
was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected magistratus (magistrate), assigned to discharge various duties.
Praetor peregrinus
praetor qui inter peregrinos ius dicit
The praetor (Magistrate) who administers justice among foreigners (“non citizens”)
Prudentur agit qui praecepto legis obtemperat
He acts prudently who obeys the commands of the law. 5 Co. 49.
Public
Of the state, persons (corporate entities), corpse of the state.
Quicquid plantatur solo, solo cedit
Latin, “whatever is affixed to the soil belongs to the soil” – is a legal Latin principle related to fixtures which means that something that is or becomes affixed to the land becomes part of the land; therefore, title to the fixture is a part of the land and passes with title to the land. Consequently, whosoever owns that piece of land will also own the things attached.
Quid fas non veritas est
Legality is not Reality
Qui non obstat quod obstare potest facere videtur
He who does not prevent what he can, seems to commit the thing.
qui tacet consentire videtur
He who is silent appears to consent.
quod erat demonstrandum
Which was to be proved; which was to be demonstrated.
Eg. uses: When evidence has not been delivered.
Quod est illicitum, praetextu legalitatis non debet introiri
What is unlawful ought not be entered under the pretext of legality
Quod initio vitiosum est, non potest tractu temporis convalescere
Time cannot render valid, an act void in its origin.
Res inter alios acta alteri nocere non debet
Things done between strangers ought not to injure those who are not parties to them
Restitutio in integrum
Lat. In the civil law. Restoration or restitution to the previous condition. This was effected by the praetor on equitable grounds, at the prayer of an injured party, by rescinding or annulling a contract or transaction valid by the strict law, or annulling a change in the legal condition produced by an omission, and restoring the parties to their previous situation or legal relations.
Sic semper tyrannis
Thus always to tyrants.
In contemporary parlance, it means tyrannical leaders will inevitably be overthrown. The phrase also suggests that bad but justified outcomes should, or eventually will, befall tyrants. eg. you’ll get yours McClown, Morriscum, Neezi, Hurls and the rest of them.
stare decisis
To stand by things decided.
Sui generis
The only one of its kind; constituting a class of its own.
Eg. you are one of a kind.
sui juris
Having the right and the capability to manage one’s own affairs.
Eg. uses: I stand sui juris.
tuum est scriptor vere
It is yours, writer, true
Eg. uses: The document is written by you, and being true.
Understand
Agree to contract, stand under my authority.
vi coactus
A legal phrase regarding contracts that indicates agreement made under duress.
Eg. uses: When making a payment or autographing under duress, do so, add “vi coactus”.
void ab initio
Null from the beginning
Eg. July 1, 1973, first day of trading of the “Australian Government”