legal maxim

Term- Audi alteram partem Translation- hear the other side Definition- Refers to the idea that one cannot be fairly judged unless the cases for and against them have been heard “Audi alteram partem” is a Latin term that means “hear the other side.” In legal contexts, it refers to the principle that a person should […]

Term- ultra vires Translation- beyond the powers Definition-An act that requires legal authority to perform, but which is done without obtaining that authority. “Ultra vires” is a Latin term that means “beyond the powers.” In legal contexts, it refers to an action or decision that is beyond the legal authority or powers of the person

Term- ratio decidendi Translation- Reason for the decision Definition- The point in a legal proceeding, or the legal precedent so involved, which led to the final decision being what it was. “Ratio decidendi” is a Latin term that means “the reason for the decision.” In legal contexts, it refers to the legal principle or rule

Term- pro tanto Translation- for so much Definition- A partial payment of an award or claim, based on the defendant’s ability to pay. “Pro tanto” is a Latin term that means “for so much.” In legal contexts, it is used to indicate that something is valid or effective only to a certain extent or in

Term- nolle prosequi Translation- Not to prosecute Definition- A statement from the prosecution that they are voluntarily discontinuing (or will not initiate) prosecution of a matter. “Nolle prosequi” is a Latin legal term that means “to be unwilling to pursue.” In the context of criminal law, it is a decision by a prosecutor or government

Term- ad quod damnum Translation- according to the harm Definition- Used in tort law. Implies that the reward or penalty ought to correspond to the damage suffered or inflicted. “Ad quod damnum” is a Latin term that means “to what damage?” In legal contexts, it refers to the assessment of damages in a lawsuit, particularly

Term- subpoena Translation- under penalty Definition- A writ compelling testimony, the production of evidence, or some other action, under penalty for failure to do so. A subpoena is a legal document that requires a person to appear in court or to produce evidence for a legal proceeding. The term “subpoena” comes from the Latin phrase

Term- in prope persona Translation- On one’s own person Definition- One who represents themselves in court without the [official] assistance of an attorney. “In propria persona” (sometimes abbreviated as “in pro per” or “pro se”) is a Latin term that means “in one’s own person.” In legal contexts, it refers to a situation where a