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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 ...
The Latin brocard nemo judex in causa sua has its origins in the Roman legal tradition and is codified within the Corpus Juris Civilis.In 376 AD, an imperial decree established the principle that "no one shall decide his own case or interpret the law for himself" (neminem sibi esse iudicem vel ius sibi dicere debere) (Code 3.5.1).
The following pages contain lists of legal terms: List of Latin legal terms; List of legal abbreviations; List of legal abbreviations (canon law) on Wiktionary: Appendix: English legal terms; Appendix: Glossary of legal terms
Neo-Latin for "based on unsuitability", "from inconvenience", or "from hardship". An argumentum ab inconvenienti is one based on the difficulties involved in pursuing a line of reasoning, and is thus a form of appeal to consequences. The phrase refers to the legal principle that an argument from inconvenience has great weight. ab incunabulis
A legal term that means "by one party" or "for one party". Thus, on behalf of one side or party only. ex pede Herculem: from his foot, so Hercules: From the measure of Hercules' foot you shall know his size; from a part, the whole. ex post: from after "Afterward", "after the event". Based on knowledge of the past. Measure of past performance ex ...
An individual who acts in this capacity is generally called a guardian ad litem in such legal proceedings; in Scotland, curator ad litem is the equivalent term. In England and Wales , since the amendment of the Children Act 1989 established the role of children's guardian, the term is now used only in the term "guardian ad litem " in Private ...
Under Roman law, there were several forms of tutela ("guardianship" or "tutelage"), mainly for people such as minors and women who ordinarily in Roman society would be under the legal protection and control of a paterfamilias, but who for whatever reasons were sui iuris, legally emancipated. The guardian who oversaw their interests was a tutor.
Ius in ancient Roman law had two principal meanings, which are still reflected in French droit, German Recht, English right and Castilian derecho. [4] Ferdinand Mackeldy, 19th-century jurist, analyzed them into two principles: ius is the law, a set of compulsory rules (Jus est norma agendi, "law is a rule of conduct"), which he called objective or positive law, and a set of possibilities to ...