Word: res communis Origin: Latin word Meaning: common to all Example: Property constructs like airspace and water rights are said to be res communis – that is, a thing common to all, and that could not be the subject of ownership. Water is a bit more defined — it is common until captured Word: […]
Word: Uno flatu Origin: Latin word Meaning: The expression literally means “in one breath”. It is used to criticize inconsistencies in speech or testimony, as in: one says one thing, and in the same breath, says another contradictory thing. Word: Stratum Origin: The word ”stratum” was originated in late 16th century and is singular
Word: Animus nocendi Origin: Latin Meaning: Intention to harm Example: The subjective state of mind of the author of a crime, with reference to the exact knowledge of illegal content of his behavior, and of its possible consequences. Word: In forma pauperis Origin: Latin Meaning: In the manner of a pauper Example: Someone unable
Word: Sequestration Origin: Late Middle English Meaning: The act of taking someone’s property until debt has been paid. Example: Where a person fails to perform an act or disobeys an injection, commanding persons to enter upon & take possession of his estate & keep it separately from the owner. Word: Quid pro quo Origin: Latin
Word: Testify Origin: Latin Meaning: To give evidence under oath as a witness in a court proceeding. Example: Three witnesses were called/summoned to testify at the trial. Word: Uberrima fides Origin: Latin Meaning: utmost good faith Example: The concept that a party to certain types of contract must act in Uberrima fides and declare
Word : Rebuttal Origin : Latin. Meaning : Is an opposing argument or debate. Example : He chooses to give a point by point rebuttal of my earlier comments. Word : Paralegal Origin : Latin. Meaning : a nonlawyer who performs routine tasks requiring some knowledge of the law and procedures, employed by a law
Word : Ultra posse nemo obligatur Origin : Latin. Meaning : One shall do what he can do to support the community. That means, nobody is obligated to do more than what he can do. Explanation : Everyone has his own level of ability to do a particular thing and one cannot expect that all
Word : malfeasance Meaning : intentionally doing something either legally or morally wrong which one had no right to do. It always involves dishonesty, illegality or knowingly exceeding authority for improper reasons. Malfeasance is distinguished from “misfeasance,” which is committing a wrong or error by mistake, negligence or inadvertence, but not by intentional wrongdoing.
Word : Non est factum Origin: Latin Meaning: not my act. This is a denial by a person that they were actually involved in some action or dealings. In a contract, it can occur if a party denies that they signed the contract – that someone else forged their signature. Word : Sunset clause Origin:
Right in Rem and Right in Personam: Word : Right in Rem Meaning : The term “rem” means world. A right in rem means right against whole world at large. It is also called as real right. Example: I have a house. The people of the world have a duty not to interfere with my