Ch 12 · Lesson 7

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

a guilty mind - a guilty act
Why?

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

ablativeWhat do the colours mean?

Latin can put a noun in the ablative and let the case do a preposition's job: at, by, with.

TermLiterallyThe ablative
at first appearance, fifth declension
by the fact itself agrees with
in good faith
the things to be changed having been changedan 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

masculinefeminineneuterWhat do the colours mean?

The adjective matches its noun's gender. Change the noun and the ending changes:

TermLiterallyWhy the ending
reusa guilty act is masculine
reaa guilty mind is feminine
judicataa thing judged is feminine
obiter a thing said in passing, neuter
the same adjective, reus, with a masculine and a feminine noun

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

genitiveWhat do the colours mean?

A genitive means "of", and here it follows its noun.

TermLiterallyThe genitive
friend of the court
delictithe body of the offencedelictum
probandithe burden of provinga gerund
decidendithe reason for decidinga gerund
a place of standinga 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.

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Lesson 7 of 17 in this chapter

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