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Herbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. [9] ceteris paribus: with other things the same More commonly rendered in English as "All other things being equal."
A legal term meaning that something is only wrong because it is against the law (cf. malum in se); for example, violating a speed limit. mandamus: we command: A judicial remedy ordering a lower court, government entity, or public authority to do something (or refrain from doing something) as required by law. malum quo communius eo peius
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 court knows the law: Legal principle in civil law countries of the Roman-German tradition that says that lawyers need not argue the law, as that is the office of the court. Sometimes miswritten as iura novat curia (the court renews the laws). iure matris: in right of his mother: Indicates a right exercised by a son on behalf of his mother ...
Accessio (Roman law) Actio Pauliana; Actio personalis moritur cum persona; Actus reus; Ad colligenda bona; Ad idem; Ad litem; Ad quod damnum; Ad valorem tax; Additur; Adjournment sine die; Affectio societatis; Alibi; Allocatur; Amicus curiae; Amittere legem terrae; Amparo and habeas data in the Philippines; An unjust law is no law at all; Animo ...
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.
Trespass vi et armis was a precursor to many other forms of lawsuits at common law. The cause came to be formulaic and in many cases fictitious . For instance, a lawsuit against a defendant that had spoiled wine with salt water required an allegation that he had done so with bows and arrows. [ 4 ]
The US government explicitly referred to the maxim in its argument in the case by remarking (with an additional reference to Cicero) that "these [amendments of the Bill of Rights], in truth, are all peace provisions of the Constitution and, like all other conventional and legislative laws and enactments, are silent amidst arms, and when the ...