Thứ Bảy, 19 tháng 12, 2015

THUẬT NGỮ LATIN PHÁP LÝ ( p1) - GS.TS ĐỖ HỮU VINH

a fortiori from stronger An a fortiori argument is an "argument from a stronger reason", meaning that because one fact is true, that a second related and included fact must also be true. /ˌ fɔrtiˈɔər/, /ˌ fɔrʃiˈɔər/
a mensa et thoro from table and bed Divorce a mensa et thoro indicates legal separation without legal divorce. /ˌ ˈmɛnsə ɛt ˈθɔər/
a posteriori from later An argument derived from subsequent event /ˌ ˌpɒstɪəri.ɔər/
a priori from earlier An argument derived from previous event /ˌ pr.ɔər/
a quo from which Regarding a court below in an appeal, either a court of first instance or an appellate court, known as the court a quo. /ˌ ˈkw/
ab extra from outside Concerning a case, a person may have received some funding from a 3rd party. This funding may have been considered ab extra. /ˌæb ˈɛkstrə/
ab initio from the beginning "Commonly used referring to the time a contract, statute, marriage, or deed become legal. e.g The couple was covered ab initio by her health policy."[1] /ˌæb ɪˈnɪʃi./
absque hoc without this "Presenting the negative portion of a plea when pleading at common by way a special traverse."[1]
Actori incumbit probatio On the plaintiff rests the proving The burden of proof falls to the plaintiff, claimant, or petitioner according to Roman law.
actus reus guilty act Part of what proves criminal liability (with mens rea) /ˌæktəs ˈr.əs/
ad coelum to the sky Abbreviated from Cuius est solum eius est usque ad coelum et ad infernos which translates to "[for] whoever owns [the] soil, [it] is his all the way [up] to Heaven and [down] to Hell." The principle that the owner of a parcel of land also owns the air above and the ground below the parcel. /ˌæd ˈsləm/
ad colligenda bona to collect the goods

ad hoc for this Generally signifies a solution designed for a specific problem or task, non-generalizable, and not intended to be able to be adapted to other purposes. /ˌæd ˈhɒk/
ad hominem at the person Attacking an opponent's character rather than answering his argument. /ˌæd ˈhɒmɨnɛm/
ad idem to the same thing In agreement. /ˌæd ˈdəm/
ad infinitum to infinity To continue forever. /ˌæd ɪnfɨˈntəm/
ad litem for the case Describes a party designated to represent another party who is deemed incapable of representing him/herself (e.g. a child or incapacitated adult). /ˌæd ˈltɛm/
ad quod damnum according to the harm Used in tort law. Implies that the reward or penalty ought to correspond to the damage suffered or inflicted.
ad valorem according to value
/ˌæd vəˈlɔərɛm/
adjournment sine die adjournment without a day When an assembly adjourns without setting a date for its next meeting. /ˌsn ˈd./
affidavit he has sworn A formal statement of fact. /ˌæfɨˈdvɨt/
alter ego another I A second identity living within a person.
amicus curiae friend of the court A person who offers information to a court regarding a case before it. /əˈmkəs ˈkjʊəri./
animus contrahendi contractual intent Intention to contract
animus nocendi intention to harm The subjective state of mind of the author of a crime, with reference to the exact knowledge of illegal content of his behaviour, and of its possible consequences.
animus possidendi intention to possess "In order to claim possessory rights, an individual must establish physical control of the res and the intention to possess (i.e. animus possidendi)"[2]
animus revertendi intention to return "Wild animals, such as bees and homing pigeons, that by habit go 'home' to their possessor. Used when discussing ferae naturae."[2]
ante before

(in) arguendo for the sake of argument

Audi alteram partem hear the other side Refers to the idea that one cannot be fairly judged unless the cases for and against them have been heard.

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