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One of three types of contractual terms, the others being essentialia negotii 'core terms' and naturalia negotii 'implied terms'. actus iuridicus: legal act 1. In French-law-based systems, refers only to those sources of subjective law that are human-made and voluntary (vs. factum iuridicum); 2. In German-law-based systems, encompasses all ...
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 .
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
Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". [1] It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.
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).
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 ...
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
Law Latin was the language in which the legal opinions of English courts were recorded at least until the reign of George II. Under his reign, the Proceedings in Courts of Justice Act 1730 (effective from 1733), mandated that all records of legal proceedings in England were to be made in English rather than Latin.