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Term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. Cf. ex nunc. Ex turpi causa non oritur actio: ex nunc: from now on Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its adjudication. Cf. ex ...
In criminal law, mens rea (/ ˈ m ɛ n z ˈ r eɪ ə /; Law Latin for "guilty mind" [1]) is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of mens rea and actus reus ("guilty act") before the defendant can be found guilty.
Pages in category "Latin legal terminology" The following 200 pages are in this category, out of approximately 315 total. This list may not reflect recent changes .
In law, a de bene esse deposition is used to preserve the testimony of a witness who is expected not to be available to appear at trial and be cross-examined. de bonis asportatis: carrying goods away: In law, trespass de bonis asportatis was the traditional name for larceny, i.e., the unlawful theft of chattels (moveable goods). de dato: of the ...
The terms actus reus and mens rea developed in English Law are derived from a principle stated by Edward Coke, namely, actus non facit reum nisi mens sit rea, [1] which means: "an act does not make a person guilty unless (their) mind is also guilty"; hence, the general test of guilt is one that requires proof of fault, culpability or ...
Nulla poena sine lege (Latin for "no penalty without law", Anglicized pronunciation: / ˈ n ʌ l ə ˈ p iː n ə ˈ s aɪ n iː ˈ l iː dʒ iː / NUL-ə PEE-nə SY-nee LEE-jee) is a legal formula which, in its narrow interpretation, states that one can only be punished for doing something if a penalty for this behavior is fixed in criminal law.
Malum prohibitum (plural mala prohibita, literal translation: "wrong [as or because] prohibited") is a Latin phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute, [1] as opposed to conduct that is evil in and of itself, or malum in se.
Malum in se (plural mala in se) is a Latin phrase meaning ' wrong ' or ' evil in itself '. [1] The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct. It is distinguished from malum prohibitum, which refers to acts that are wrong only because they are prohibited ...