Foreign Terminology in Law (20 Marks)

1. Legal Terms (75)

2. Foreign Words (50)
3. Legal Maxims (15)

List of Legal Terms-

Abduction- the action of forcibly taking someone away against their will.

Abetment- to encourage, support, or countenance by aid or approval, usually in wrongdoing:

Abscond- leave hurriedly and secretly, typically to escape from custody or avoid arrest.

Accomplice- a person who helps another commit a crime.

Accused- a person or group of people who are charged with or on trial for a crime.

Acquittal- a judgement or verdict that a person is not guilty of the crime with which they have been
charged.

Adoption- the action or fact of adopting or being adopted.

Admission- a statement acknowledging the truth of something.

Affidavit- a written statement confirmed by oath or affirmation, for use as evidence in court.

Alibi- a claim or piece of evidence that one was elsewhere when an act, typically a criminal one, is
alleged to have taken place.

Alimony- a husband's (or wife's) provision for a spouse after separation or divorce; maintenance.

Amendment- a minor change or addition designed to improve a text, piece of legislation, etc.

Appeal- make a serious, urgent, or heartfelt request.

Approver- a person who sees an event, typically a crime or accident, takes place.

Bail- the temporary release of an accused person awaiting trial, sometimes on condition that a sum
of money is lodged to guarantee their appearance in court.

Bankrupt- (of a person or organization) declared in law as unable to pay their debts

Chargesheet- a record made in a police station of the charges against a person.

Claimant- a person making a claim, especially in a lawsuit or for a state benefit.

Confession- a formal statement admitting that one is guilty of a crime.

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Conviction- a formal declaration by the verdict of a jury or the decision of a judge in a court of law
that someone is guilty of a criminal offence.

Damages- a sum of money claimed or awarded in compensation for a loss or an injury.

Decree- an official order that has the force of law.

Deed- a legal document that is signed and delivered, especially one regarding the ownership of
property or legal rights.

Defamation- the action of damaging the good reputation of someone; slander or libel.

Defendant- an individual, company, or institution sued or accused in a court of law.

Deponent- a person who makes a deposition or affidavit under oath.

Detention- the action of detaining someone or the state of being detained in official custody.

Discharge- release from the custody or restraint of the law.

Encumbrance- a mortgage or other claim on property or assets.

Eviction- the action of expelling someone from a property; expulsion.

Evidence- information drawn from personal testimony, a document, or a material object, used to
establish facts in a legal investigation or admissible as testimony in a law court.

Extortion- the practice of obtaining something, especially money, through force or threats.

Fraud- wrongful or criminal deception intended to result in financial or personal gain.

Heir- a person legally entitled to the property or rank of another on that person's death.

Homicide- the killing of one person by another.

Intellectual Property,- intangible property that is the result of creativity, such as patents,
copyrights, etc.

Intestate- a person who has died without having made a will.

Investigation- the action of investigating something or someone; formal or systematic examination

or research.

Judgment- the ability to make considered decisions or come to sensible conclusions.

Jurisdiction- the official power to make legal decisions and judgements.

Justice- a judge or magistrate, in particular a judge of the Supreme Court of a country or state.

Juvenile-Physiologically immature

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Legacy- an amount of money or property left to someone in a will.

Liability- the state of being legally responsible for something.

Misappropriation- the action of misappropriating something; embezzlement.

Mortgage- convey (a property) to a creditor as security on a loan.

Negligence- failure to take proper care over something.

Oath- a solemn promise, often invoking a divine witness, regarding one's future action or behaviour.

Overrule- reject or disallow by exercising one's superior authority.

Ownership- the act, state, or right of possessing something.

Parole- the temporary or permanent release of a prisoner before the expiry of a sentence, on the
promise of good behaviour.

Partition- the action or state of dividing or being divided into parts.

Perjury- the offence of wilfully telling an untruth or making a misrepresentation under oath.

Petition- a formal written request, typically one signed by many people, appealing to authority in
respect of a particular cause.

Plaintiff- a person who brings a case against another in a court of law.

Pleadings- a formal statement of the cause of an action or defence.

Precedent- a previous case or legal decision that may be or ( binding precedent ) must be followed in
subsequent similar cases.

Prosecute- institute or conduct legal proceedings against (a person or organization).

Probation- the release of an offender from detention, subject to a period of good behaviour under
supervision.

Proviso- a condition or qualification attached to an agreement or statement.

Rebuttal- an instance of rebutting evidence or an accusation.

Restitution- the restoration of something lost or stolen to its proper owner.

Remand- place (a defendant) on bail or in custody, especially when a trial is adjourned.

Respondent- a party against whom a petition is filed, especially one in an appeal or a divorce case.

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Self defence- the defence of one's person or interests, especially through the use of physical force,
which is permitted in certain cases as an answer to a charge of violent crime.

Succession- the right or sequence of inheriting a position, title, etc.

Summons- an order to appear before a judge or magistrate, or the writ containing such an order.

Testator- a person who has made a will or given a legacy.

Testimony- a formal written or spoken statement, especially one given in a court of law.

Trial- a formal examination of evidence by a judge, typically before a jury, in order to decide guilt in
a case of criminal or civil proceedings.

Trespass- enter someone's land or property without permission.

Verdict- a decision on an issue of fact in a civil or criminal case or an inquest.

Voluntarily- of one's own free will.

Warrant- a document issued by a legal or government official authorizing the police or another body
to make an arrest, search premises, or carry out some other action relating to the administration of
justice.

Will- expressing probability or expectation about something in the present.

List of Foreign Words (50)

List of Foreign Words (50)

1. a fortiori- With strong reason
2. ab initio - From the beginning.
3. actus reus- Wrongful act
4. ad hoc- Established for a particular purpose.
5. ad valorem - According to value.
6. amicus curiae - An impartial Advisor.
7. bona fide- Genuine
8. bona vacantia - Ownerless property.
9. caveat emptor- Let the buyer beware
10. caveat venditor- Let the seller beware
11. compos mentis - of sound mind.
12. de facto - In actual fact.
13. de jure - In law, By legal right.

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14. ex gratia- As a matter of favour or grace
15. ex- officio- By virtue of an office
16. ex parte - One side only.
17. fait accompli- Something already done and irreversible
18. fauxpas - Blunder.
19. in limine - At the outset.
20. in memorium - In memory of.
21. in pari delicto- When both parties are equally at fault
22. in personam - Personally.
23. in situ- In its own place
24. inter alia - Among other things.
25. inter se - Among themselves.
26. lis pendens - During the pendency in any court.
27. locus standi- Right to speak or intervene in a matter.
28. mala fide - In bad faith.
29. mens rea- Criminal intention or guilty mind.
30. mesne profit- Intermediate profits
31. modus operandi - Mode or Method of working.
32. non compos mentis- Not of sound mind

33.nudum pactum - A bare promise.

34.null and void- Of no legal effect
35.onus probandi - The burden of proof.
36.par excellence - Without comparison.
37.prima facie - At first sight.
38.pro rata- In proportion
39.pro tempore- For the time being
40.ratio decidendi - The reasons for decisions.
41.res integra- A matter not yet decided
42.sine die - To a date not at the moment fixed.
43.status quo- The former state or decision
44.sub judice - Under judicial consideration.
45.sub rosa-Secretly, Confidentially

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 46.suo moto - By itself.
47.ultra vires - Beyond powers.
48.vice versa- with the order changed
49.vis-à-vis-In relation to
50.vox populi - The voice of people.

List of Legal Maxims (15)

1. Actus curiae neminem gravabit - An act of the court shall prejudice no one.
2. Actus non facit reum, nisi mens sit rea - An act does not make a person guilty unless the
mind is guilty.
3. Audi alteram partem - Let the other side be heard as well.
4. Delegatus non potest delegare - A delegate cannot delegate.
5. Ex nudo pacto non oritur actio - No action arises from a contract without consideration.
6. Expressio unius est exclusio alterius - Express mention of one thing excludes all others.
7. Ignorantia facti excusat, ignorantia juris non excusat - Ignorance of facts excuses but
ignorance of law excuses no one.
8. Nemo dat quod non habet - No one gives what he does not have.
9. Noscitur a sociis - The meaning of a doubtful word can be derived from its association
with other words.
10. Qui facit per alium facit per se - He who acts through another does the act himself.
11. Respondeat superior - Let the master answer.
33 SPP University • Law Faculty Revised Curriculum • B.A. LL.B., B.B.A. LL.B. and LL.B.
12. Res ipsa loquitur - The thing speaks for itself.
13. Ubi jus ibi remedium - Where there is a right there is a remedy.
14. Vigilantibus non domientibus jura subveniunt - The law assists those that are vigilant with
their rights and not those that sleep thereupon.
15. Volenti non fit injuria - To a willing person, injury is not done.