40 Latin Legal Terms and the Grammar Inside Them
By Michael McGettrickUpdated 12 October 2026
Legal Latin is not vocabulary. Each term is a fragment of a Latin sentence, and the ending it still wears is the meaning. Forty terms fall into seven patterns:
| Pattern | Example | Literally |
|---|---|---|
| a verb form | | you are to have the body |
| prep. + ablative | | from the fact |
| prep. + accusative | | beyond the powers |
| bare ablative | | at first appearance |
| agreement | rea, reus | guilty mind, guilty act |
| genitive | | friend of the court |
| whole sentence | | the thing speaks for itself |
Quick check
Now use it: three quick questions on the chart above. The full practice is further down.
Pick the right one
0/3De facto or de jure?
They never married, but they have lived as a couple for twenty years.
Parliament passed the Act, so the power now exists in law.
Nobody appointed her, but she has run the department for a decade.
Lawyers write j where classical texts write i: jure is , the same words.
Verbs that name documents
The oldest trick in legal Latin: the key word of a writ becomes the name of the document.
| Term | Literally | The verb |
|---|---|---|
| you are to have the body | subjunctive of |
affidavit | he/she has sworn | perfect of affido |
mandamus | we order | present of mando |
| let him/her beware | subjunctive of |
| let it be done | subjunctive of |
certiorari | to be informed more fully | passive infinitive |
prosequi | to be unwilling to prosecute | two infinitives |
and are jussive subjunctives: the subjunctive on its own in a main clause, ordering someone who is not being spoken to. emptor, let the buyer beware, has emptor in the nominative as the subject. English then made the verb a noun, so contracts have caveats.
is the same mood one person over, a formal instruction to the gaoler. Mandamus is the royal "we": we command. Affidavit is medieval Latin, from affido, to pledge one's faith, to swear.
England and Wales retired two of these names in 2000, when Part 54 of the Civil Procedure Rules renamed certiorari a quashing order and mandamus a mandatory order. The United States and older English case law keep them.
Prepositions with the ablative
, and put their noun in the ablative, and so do and for where a thing is.
| Term | Literally | Note |
|---|---|---|
| from the fact | in practice |
jure | from the law | by right |
| for the good | short for |
| from one side | one party heard |
camera | in the chamber | a room, not a device |
absentia | in absence | the accused not there |
| in the place of a parent | genitive |
judice | under a judge | not yet decided |
rata | by the reckoned share | rata |
flagrante delicto | in the blazing offence | caught in the act |
subpoena | under penalty | , fused |
camera means in the judge's private room; camera is simply a vaulted room, and the photographic camera got its name from it by way of the camera obscura, the dark room.
flagrante delicto is mid-offence: flagrante is a present participle, blazing, agreeing with delicto. It applies perfectly well to a burglary.
Prepositions with the accusative
, , and take the accusative.
| Term | Literally | The noun |
|---|---|---|
| for the lawsuit | , a dispute |
| for this | , neuter |
| among other things | , neuter plural |
| by itself | , the reflexive pronoun |
| beyond the powers | , plural of |
| turned towards, against | participle of |
is neuter plural: among other things. Among other people is .
A guardian is appointed for this lawsuit only. is an act beyond the powers an authority has; its opposite, , within the powers, is heard mostly when a court rejects an challenge.
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.
Whole sentences
| Doctrine | Latin | Literally |
|---|---|---|
| negligence | | the thing itself speaks |
| unpaid work | meruit | as much as he/she has earned |
| precedent | decisis | to stand by things decided |
| title to goods | | nobody gives what he/she does not have |
| consent | | no wrong is done to one who is willing |
is a : passive in form, active in meaning, speaks. The doctrine says the accident is the kind that does not ordinarily happen without negligence, so the facts argue the case themselves.
meruit claims the value of work done when no price was agreed. In , is the dative of a present participle: to one who is willing.
Misuses worth correcting
| Wrong | Right | Why |
|---|---|---|
| : obvious | on first inspection | it can still be rebutted |
(people) | | means things |
| : the corpse | proof a crime happened | delicti, body of the offence |
| per say | | is a pronoun |
| ad = makeshift | for this one purpose | the Latin says only "for this" |
| in camera = filmed | in a private room | camera is a room |
What to do next
- Learn the seven patterns in the first table; sort every new term into one.
- Check each agreeing pair's gender:
rea,reus. - Then read Latin phrases used in English and Latin tattoo phrases.