Law 2 Straight Up Latin

habeas corpus

• A legal writ requiring that a detained individual be brought before a judge (designed to prevent unlawful incarceration)
• One of the requirements for criminal liability (namely, the wrongful act that constitutes the crime)
• A legal principle referring to a law or judgment which has a retroactive effect

sub judice

• Pending judgment
• One of the requirements for criminal liability (namely, that the individual must have com- mitted the crime knowingly)
• A line of faulty reasoning which suggests that if Y occurred after X, then Y must have occurred because of X

in re

• Commonly used in the naming of cases (e.g. in re Estate of Smith)
• Refers to a right or obligation which is inherent in a position
• Refers to material evidence in the case

in camera

• Refers to private discussion in the judge’s chambers, away from the courtroom (opposite of in curia)
• Indicates something that was done as a favour, rather than due to a legal responsibility
• Refers to the scene of the crime

in curia

• Refers to matters conducted openly in the courtroom (opposite of in camera)
• Sane; lucid; stable
• In the midst of the crime (used of someone who has been caught red-handed)

ex parte

• Refers to either: 1) an order, hearing, or motion granted on the request of (and for the sole benefit of) one party or 2) communication between a judge or juror and one of the parties to a case without the presence of the opposing party or his/her attorney
• Refers to an individual (typically a child) who is deemed incapable of criminal intent (and thus of criminal liability)
• Legal principle whereby decisions are made in accordance with precedence

in absentia

• Refers to a party to a case who is not present (for instance, an individual could be tried in absentia)
• Refers to an argument which attacks an individual, rather addressing their argument
• Typically translated as “no contest”; a plea in which the defendant does not enter a plea of “guilty” or “not guilty”

sine die

• An adjournment sine die is a break in court proceedings without a set date for return
• Refers to ownerless property (which by law becomes property of the Crown)
• Refers to an exchange (of goods, services, or money) between two parties

pro tempore

• For the time being; for the moment (implies something temporary)
• Legal principle specifying that the buyer is responsible for verifying the quality of goods before purchasing them
• Refers to something was done merely as a formality

amicus curiae

• A non-party to a case (typically an expert in a relevant field) who submits a brief for consideration in the case
• Legal principle specifying that the seller is responsible for providing accurate informa- tion to the buyer
• Refers to legal work done without charge