13 April 2023

Latin legal terms every lawyer should know

Every lawyer or professional of the legal sector has studied during their academic years a lot of Latin idioms in order to communicate in a correct and corporate way during the performance of their job. Some terms are difficult to comprehend and memorize and, over the time, many Latinisms will be forgotten.

There are some essential Latin expressions in the legal sector that every worker should master as are the most common ones to appear in textbooks, lectures or during the cases, and it is necessary to understand the meaning without doubt in order to become a great professional.

Most of the legal systems around the world have their roots in the ancient times of Rome. Once upon a time, Romans were one of the most powerful civilizations during their period as they conquer and ruled over the great majority of Europe. This resulted in the transmission of Latin idioms over the years and evolved in some sectors to become a correct way of communicating a message or process.

Most common Latin legal terms

The expression habeas corpus is used during the courts to determine if the detention of a prisoner is valid or not. So, when they make a writ of habeas corpus, the person who has been detained is going to be brought before the court and the review of the case. Usually, this type of writs precedes civil action against the entity that retains the prisoner.

The Latin word of certiorari is necessary because it is seen as a part of the sentence Writ of Certiorari and means to be more fully informed. It also appeals to the process in which the court is searching for a review from a higher court for a legal decision made in a lower court or a government agency.

Mandamus refers to an order from a superior to any public official, lower court or government agency in order to accomplish a specific task. It literally translates to as we command, and a thing which is obvious is that it is necessary to comprehend that it cannot be used to make an official do something illegal.

The Latinism Ad litem is used in order to make reference to the way attorneys are appointed for lawsuits. This kind of arrangement are reserved for parties that show a legal interest in the case but are not capable of representing themselves, for instance, certain incapacitated adults.

The way of saying By the Court is by the Latin phrase Per curiam. Its utilization is reserved to the decisions that are made in a unanimous way because, instead of saying it one or two judges, the court deliver a collective written authorized decision.

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