Legal Capacity in Latin
The following Latin legal terms are commonly encountered during your 1L year. Therefore, you should make an effort to familiarize yourself with them now and save yourself from stress later. “having no control over the mind” (Not legally responsible) Usually abbreviated to “pro bono”, this term refers to the work lawyers do when they provide their services free of charge to people who may be in need. This work is considered for the common good and is an important part of a practicing lawyer. To learn more about the importance of pro bono work, click here. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. This term refers to the process by which an appellate court reviews a case without reference to the legal findings or assumptions of the lower courts. In this case, the higher court hears the case “de novo” or completely from the new one without external notice. A term commonly used in case names, this term usually refers to cases without two parties. It can be an estate or a legal matter involving a single person, such as an estate case.
The use of Latin legal terms is a tradition that has been passed down throughout history and is therefore difficult to remove completely. Our modern legal system is a direct descendant of Europe, which in turn was influenced by the courts of ancient Rome, where Latin was the predominant language. Most of the Latin terms still used in the law have been transmitted since ancient times. These terms are especially preferred when the English term or phrase is too complex or simply does not exist. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. In general, ex parte refers to something that benefits a party in a legal case. This is usually a decision made in favour of one party without waiting for the opinion of the other party. Ex parte may also refer to inappropriate contact with a party or judge, such as meetings with the party or judge without the presence of a lawyer for the opposing party. Lawyers are appointed by the “ad litem” court for claims. These appointments are generally reserved for parties who have a legal interest or are involved in the case but are unable to represent themselves, such as children or certain adults with disabilities.
All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. A debt that cannot be eliminated in the event of bankruptcy. Examples include a home mortgage, child support or child support debt, certain taxes, debt for most government-funded or guaranteed student loans or benefit overpayments, debts for death or assault caused by driving under the influence of alcohol or drugs, and restitution debts or a penalty fine included in a judgment convicting the debtor of a crime. Certain debts, such as debts of money or property obtained under false pretenses, and debts for fraud or forgery in the exercise of fiduciary capacity, can only be declared inexcusable if a creditor files a non-discharge action in a timely manner and wins. Habeas corpus refers to several common law orders made to bring a party before a court or judge. The U.S. Constitution also gives citizens the right to file a writ of habeas corpus to protect themselves from unlawful detention.
A litigant`s application to a judge to rule on an issue related to the case. A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. The legal system used today in the United States has its roots in ancient Rome – the Romans once ruled over vast areas of present-day Europe, and the legal system in the United States evolved from the earliest European colonies, leading to a major adoption of Latin legal concepts in today`s law textbooks and methods. Capax. Wasn`t it a movie with Kevin Spacey? Okay, maybe it was K-Pax. However, the pronunciation, if not the meaning, is the same. K-Pax, the movie, is about a man who claims to have come to Earth from a distant planet.
He is, of course, a patient in a psychiatric hospital and plans to return to the planet K-Pax with the other patients on the ward. Under the Hollywood façade, the film deals with questions of science versus faith and the tension between reality and illusion.