Term or phrase = Literal translation = Definition and use jus accrescendri = Right of survivorship = In property law, on the death of one tenant, that tenants interest passes automatically to the surviving tenant(s) to hold jointly until the estate is held by a sole tenant. The only way to defeat the right of survivorship is to sever the joint tenancy during the lifetime of the parties, jus accrescendi takes priority over a will or interstate accession rules.[2] jus ad bellum = Laws to war = Refers to legalities considered before entering into a war, to ensure it is legal to go to war initially. Not to be confused with ius in bello (q.v.), the laws of war concerning how war is carried out. jus civile = Civil law = A codified set of laws concerning citizenry, and how the laws apply to them. jus cogens= Compelling law Internationally agreed laws that bear no deviation, and do not require treaties to be in effect. An example is law prohibiting genocide. jus commune = Common law = Not actually referring to common law, this term refers to common facets of civil law that underlie all aspects of the law. jus gentium = Law of nations = Customary law followed by all nations. Nations being at peace with one another, without having to have an actual peace treaty in force, would be an example of this concept. jus in bello = Law in war = Laws governing the conduct of parties in war. jus inter gentes = Law between the peoples = Laws governing treaties and international agreements. jus naturale = Natural law = Laws common to all people, that the average person would find reasonable, regardless of their nationality. jus primae noctis = Right of the first night = Supposed right of the lord of an estate to take the virginity of women in his estate on their wedding night. jus sanguinis = Right of blood = Social law concept wherein citizenship of a nation is determined by having one or both parents being citizens. jus soli = Right of soil = Social law concept wherein citizenship of a nation is determined by place of birth. jus tertii = Law of the third = Arguments made by a third party in disputes over possession, the intent of which is to question one of the principal parties claims of ownership or rights to ownership. lacunae = Void, gap = A situation arising that is not covered by any law. Generally used in International Law, as all countries codify according to their own systems of law. leges humanae nascuntur, vivunt, moriuntur = The laws of man are born, live, and die Illustrates that laws are made, are in force for a period, and then become obsolete. lex communis = Common law.= Alternate form of jus commune. Refers to common facets of civil law that underlie all aspects of the law. lex lata = The law borne = The law as it has been enacted lex loci = The law of the place = The law of the country, state, or locality where the matter under litigation took place. Usually used in contract law, to determine which laws govern the contract. lex posterior derogat priori = Later law removes the earlier = More recent law overrules older ones on the same matter. lex retro non agit = The law does not operate retroactively = A law cannot make something illegal that was legal at the time it was performed. See ex post facto law. lex scripta = Written law = Law that specifically codifies something, as opposed to common law or customary law. lex specialis derogat legi generali = Specific law takes away from the general law = Where several laws apply to the same situation, the more specific one(s) take precedence over more general ones. liberum veto = Free veto = An aspect of a unanimous voting system, whereby any member can end discussion on a proposed law. lingua franca = The Frankish language = A language common to an area that is spoken by all, even if not their mother tongue. Term derives from the name given to a common language used by traders in the Mediterranean basin dating from the Middle Ages. lis alibi pendens = Lawsuit elsewhere pending = Refers to requesting a legal dispute be heard that is also being heard by another court. To avoid possibly contradictory judgements, this request will not be granted. lis pendens = Suit pending = Often used in the context of public announcements of legal proceedings to come. locus = Place locus delicti = Place of the crime = Shorthand version of Lex locus delcti commissi. The scene of the crime. locus in quo = The place in which = The location where a cause of action arose. locus poenitentiae = Place of repentance = When one party withdraws from a contract before all parties are bound. locus standi = Place of standing = The right of a party to appear and be heard before a court. mala fide = (In) bad faith = A condition of being fraudulent or deceptive in act or belief. malum in se = Wrong in itself = Something considered a universal wrong or evil, regardless of the system of laws in effect. malum prohibitum = Prohibited wrong = Something wrong or illegal by virtue of it being expressly prohibited, that might not otherwise be so. mandamus = We command = A writ issue by a higher court to a lower one, ordering that court or related officials to perform some administrative duty. Often used in the context of legal oversight of government agencies.
Posted on: Sat, 05 Jul 2014 10:00:01 +0000
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