Paralegal Study Guide: Legal Latin Terms

Paralegal Studies: Legal Latin Lexicon

If you study to become a paralegal, you may get the impression that Latin has supplanted Spanish as the second most spoken language in the US.

It's true that after theology and medicine, the legal field uses a lot of Latin. Breaking the Latin code will help you get past the initial linguistic culture shock.

Use this paralegal study guide to learn some common legal Latin phrases that will help you when you start paralegal school.

Take the following quiz to see what Latin you will need to know for your paralegal studies.

Put the letter of the definition next to the legal Latin term it describes.

a. "To stand by that which was decided." A rule by which judges rely upon judicial precedent as a guide to decisions in cases raising similar issues.

b. "The thing speaks for itself." A rule of evidence whereby negligence of the alleged wrongdoer may be inferred from the mere fact that the accident happened.

c. "Notwithstanding the verdict." A judgment N.O.V. is one by the trial court judge that reverses the jury verdict when it is obvious that the jury's findings were not supported by the facts of the case or were contrary to the law.

d. "I do not wish to contest." A statement that the defendant will not contest a charge made by the government. The party admits all facts stated in the indictment but the facts can't be used elsewhere, such as in a civil suit.

e. "A pending lawsuit." Refers to the maxim that pending the suit, nothing should be changed. For example, one who bought property from a party to a litigation is bound by the finding of the court regarding that property.

f. "Between the living." Transactions made while the parties are living, and not during an inheritance.

g. "In the place of parents."

h. "In the manner of a pauper." A criminal defendant granted permission to proceed as a pauper, may be entitled to court-appointed counsel.

i. "In equal fault." An exception to the general rule that illegal transactions or contracts are not legally enforceable.

j. "Let justice be done."

k. "And wife." Used in legal documents such as wills and deeds.

l. A statement in a judicial opinion not necessary for the decision of the case. Often used in the plural.

m. "By right," "as a matter of law," legitimate. Often used in contrast to de facto.

n. A writ issued by a superior court to a lower one requiring it to submit case records so the higher court can inspect them for errors or irregularities.

o. A "friend of the court" brief on a question of law submitted to the court by an interested party not a plaintiff or defendant in a lawsuit.

…and a little Greek

As a future paralegal doing your paralegal study on campus or paralegal study online, you should know this common shorthand. If you work on court cases, as you will if you're like most paralegals, it will save you a lot of time.

• Π (pi) = Plaintiff

• Δ (delta) = Defendant

Answers: 1,o; 2,n; 3,m; 4,l; 5,k; 6,j; 7,h; 8,g; 9,i; 10,f; 11,e; 12,d; 13,c; 14,b; 15,a.

Source: Barron's Dictionary of Legal Terms

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