Ch 12 · Lesson 7Latin · Chapter 12 · Lesson 7 · Grammar primer
Mens rea and actus reus: agreement and genitives
and , ablatives with no preposition; rea and reus, one adjective in two genders; and the gerunds.
The short version
rea, reus: one adjective, two genders
rea - reus
Why?Hide
Nothing about guilt changes between the guilty mind and the guilty act; only the gender of the noun does. is feminine, so the adjective is rea; is masculine, so it stays reus. The maxim joins them: reum rea.
Bare ablatives
Latin can put a noun in the ablative and let the case do a preposition's job: at, by, with.
| Term | Literally | The ablative |
|---|---|---|
| at first appearance | , fifth declension |
| by the fact itself | agrees with |
| in good faith | |
| the things to be changed having been changed | an ablative absolute |
is the cleverest thing in legal Latin: , having been changed, a perfect participle, plus , the things that need changing, a gerundive. Once you have changed what needs changing, the rest applies. An ablative absolute in two words.
, from a thing done afterwards, looks like these but keeps its preposition: plus the ablative . An law reaches back to acts done before it was passed.
A noun and an adjective agreeing
The adjective matches its noun's gender. Change the noun and the ending changes:
| Term | Literally | Why the ending |
|---|---|---|
reus | a guilty act | is masculine |
rea | a guilty mind | is feminine |
judicata | a thing judged | is feminine |
obiter | a thing said in passing | , neuter |
Nothing about guilt changes between rea and reus; only the gender of the noun does. More in adjective agreement.
The plurals: obiter , things said in passing, and judicatae. Judges say constantly, and plenty of lawyers treat it as a singular.
Genitives hanging off a noun
A genitive means "of", and here it follows its noun.
| Term | Literally | The genitive |
|---|---|---|
| friend of the court | |
delicti | the body of the offence | delictum |
probandi | the burden of proving | a gerund |
decidendi | the reason for deciding | a gerund |
| a place of standing | a gerund |
Three of the five are gerunds, the verbal noun English makes with -ing (proving, deciding, standing), declined like a noun: probandi, of proving. See gerunds and gerundives.
delicti is not a corpse. It is the body of the offence: the proof that a crime happened at all.
Going further: Verbs that name documents and the rest of the guide, when you want them. This lesson does not need them.
Practice
Practise this lesson
8-question session
One question at a time, mixed across the exercises in this lesson. Miss one and it comes back round before the end.
Latin · Free printables
Worksheets for this lesson
Worksheets with answer keys built in. Open any one to view, print or save.
Free for members
The printable worksheets, infographics and PDFs are free with an account. Start a free week and download as many as you like.
Start your free weekLesson 7 of 17 in this chapter