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. | /ˌeɪ fɔrtiˈɔəraɪ/, /ˌeɪ fɔrʃiˈɔəraɪ/ |
a mensa et thoro | from table and bed | Divorce a mensa et thoro indicates legal separation without legal divorce. | /ˌeɪ ˈmɛnsə ɛt ˈθɔəroʊ/ |
a posteriori | from later | An argument derived from subsequent event | /ˌeɪ ˌpɒstɪəri.ɔəraɪ/ |
a priori | from earlier | An argument derived from previous event | /ˌeɪ praɪ.ɔəraɪ/ |
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. | /ˌeɪ ˈkwoʊ/ |
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.oʊ/ |
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 ˈriː.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 ˈsiːləm/ |
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 ˈaɪdəm/ |
ad infinitum | to infinity | To continue forever. | /ˌæd ɪnfɨˈnaɪtəm/ |
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 ˈlaɪtɛm/ |
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. | /ˌsaɪniː ˈdaɪ.iː/ |
affidavit | he has sworn | A formal statement of fact. | /ˌæfɨˈdeɪvɨt/ |
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. | /əˈmaɪkəs ˈkjʊəri.iː/ |
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. |
Thứ Bảy, 19 tháng 12, 2015
THUẬT NGỮ LATIN PHÁP LÝ ( p1) - GS.TS ĐỖ HỮU VINH
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