LEGAL PHRASES

1. Ab Initio

Meaning: From the very beginning.

Explanation: This means something was invalid right from the start. It is often used when a
contract, agreement, or legal act is flawed and cannot be enforced. For instance, if someone was
forced to sign a contract, it is considered void ab initio because coercion makes it illegal.
Example: A contract signed under fraud was declared void ab initio by the court.

2. Bona Fide

Meaning: In good faith or honestly.

Explanation: This phrase refers to actions or behavior carried out honestly, without any intent to
deceive. For example, when a person buys property, believing it has no legal issues, their actions
are considered bona fide.
Example: The buyer purchased the disputed land as a bona fide purchaser, unaware of any
disputes.

3. De Facto

Meaning: In reality or in practice.

Explanation: This phrase is used to describe something that exists in reality but may not have
formal legal recognition. For instance, a person acting as the head of a department without
holding the official title is a de facto head.
Example: Although he was not formally appointed, he acted as the de facto director of the
company for years.

4. Ex Parte

Meaning: By one side only.

Explanation: This term is used in legal proceedings where only one side is heard due to urgency
or special circumstances. The court can issue temporary orders without notifying the other party.
For example, an ex parte injunction may stop the demolition of a house before both parties are
heard.
Example: The court granted an ex parte order to halt the illegal construction immediately.

5. Habeas Corpus

Meaning: You shall have the body.

Explanation: This writ protects individuals from illegal detention by requiring authorities to
present the detained person in court. If the detention is found unlawful, the person is released.
For example, a detained person’s family can file a habeas corpus petition if they believe the
detention is illegal.
Example: The court issued a habeas corpus writ, ordering the police to present the detained
individual within 24 hours.

6. Ipso Facto

Meaning: By the fact itself.

Explanation: This phrase means that something automatically happens as a result of a specific
fact. For example, if a company violates its own rules, certain consequences may follow ipso
facto without needing further evidence or action.
Example: The contract was terminated ipso facto when the tenant violated the lease terms by
subletting the property.

7. Locus Standi

Meaning: The right to appear in court.

Explanation: This refers to whether a person has a valid reason or right to bring a case to court.
A person must show that they are directly affected by the issue. For example, in public interest
litigation, the petitioner must prove they have locus standi to represent the public interest.
Example: The court rejected the petition as the individual lacked locus standi to challenge the
government’s decision.

8. Mens Rea

Meaning: Guilty mind.

Explanation: In criminal law, this refers to the mental state or intention behind committing a
crime. It is a key element for proving guilt. For example, in a theft case, the prosecution must
show that the accused intended to steal (had mens rea) and was not acting accidentally.
Example: The judge ruled that the defendant’s mens rea was evident from the planning of the
crime.

9. Prima Facie

Meaning: At first look or on the surface.

Explanation: This means that something appears to be true based on the first impression but
may need further evidence to confirm. For example, forged documents presented in court might
serve as prima facie evidence of fraud.
Example: The judge found prima facie evidence of negligence in the initial investigation report.

10. Sub Judice

Meaning: Under trial or under court consideration.

Explanation: This term refers to cases currently being reviewed by a court. Such matters should
not be publicly discussed to avoid influencing the case. For example, discussing a high-profile
trial on television might breach the rule of sub judice.
Example: Since the case was sub judice, the journalist refrained from commenting on the
ongoing trial.

1. Actus Reus

Meaning: The physical act of committing a crime.

Explanation: Actus reus refers to the actual action or conduct that constitutes a crime. It is the
external or physical component of criminal activity, such as stealing, hitting someone, or
damaging property. This element must be proven for a person to be held criminally liable, along
with a guilty mind (mens rea).
Example: In a theft case, taking someone’s belongings without permission is the actus reus of
the crime.

2. Amicus Curiae

Meaning: Friend of the court.

Explanation: Amicus curiae is someone not directly involved in a case but is invited by the
court to offer expertise or advice. Their role is to provide unbiased insights that can help the
court understand complex issues. They do not represent either party but contribute to fair
decision-making.
Example: The court called an environmental lawyer as amicus curiae to explain the long-term
effects of deforestation.

3. Res Judicata

Meaning: A matter already judged.

Explanation: This principle prevents the same issue or case from being tried again once it has
been resolved by a competent court. It ensures legal finality and stops unnecessary litigation.
Once a case is decided, neither party can reopen it with the same facts.
Example: The plaintiff’s new lawsuit was dismissed because the issue had already been decided
in a previous case and was now considered res judicata.

4. Ultra Vires

Meaning: Beyond one’s legal power or authority.

Explanation: Ultra vires refers to actions that go beyond the powers legally granted to a person,
organization, or authority. If a company or official acts outside their authorized limits, such
actions are not legally valid.
Example: A company investing in a project unrelated to its purpose, as stated in its
memorandum, is acting ultra vires and cannot enforce contracts related to that project.

5. Quid Pro Quo

Meaning: Something for something.

Explanation: Quid pro quo is a Latin phrase used to describe a situation where one thing is
given or done in exchange for another. It is a form of mutual agreement or trade. In legal
contexts, it often applies to contracts or services where both parties benefit equally.
Example: The contract involved a clear quid pro quo, where the supplier agreed to provide
materials in exchange for prompt payments.

6. Inter Alia

Meaning: Among other things.

Explanation: This phrase is used to indicate that the listed items or points are part of a larger
group. It highlights that other details or issues exist but are not mentioned. It is common in legal
documents to give examples without being exhaustive.
Example: The contract includes, inter alia, clauses about payment terms, delivery schedules,
and dispute resolution mechanisms.

7. In Limine

Meaning: At the start or on the threshold.

Explanation: In limine is used in legal proceedings when objections or motions are raised at the
very beginning of a trial. These motions often aim to exclude evidence or dismiss a case before it
proceeds further.
Example: The defense attorney filed a motion in limine to prevent certain documents from
being admitted as evidence due to irrelevance.

8. Nemo Judex in Causa Sua

Meaning: No one should be a judge in their own case.

Explanation: This legal principle ensures fairness by requiring impartiality in judicial decisions.
If a person has a personal interest or bias in a matter, they cannot act as a decision-maker. It
protects against conflicts of interest.
Example: The judge recused herself from the case, applying the nemo judex in causa sua
principle, because her relative was involved in the dispute.

9. Caveat Emptor

Meaning: Let the buyer beware.

Explanation: Caveat emptor places the responsibility on buyers to inspect goods or services
before purchasing. It warns buyers to be cautious as sellers are not obligated to disclose all
defects unless explicitly required by law.
Example: The buyer noticed defects in the second-hand car after purchase but could not claim a
refund, as caveat emptor applied.

10. Pro Bono

Meaning: For the public good.

Explanation: Pro bono refers to free legal work done by lawyers for those who cannot afford to
pay for legal services. It reflects a lawyer’s commitment to contributing to social justice and
serving the community.
Example: The attorney took up the case of a poor farmer pro bono, helping him secure his land
rights without charging any fees.

1. Affidavit

Meaning: A written statement confirmed under oath.

Explanation: An affidavit is a legal document where a person swears the truth of their statement
before an authorized official, like a notary. It is used as evidence in legal matters. The person
making the statement is called the deponent.
Example: She submitted an affidavit stating she was the legal owner of the disputed property.

2. Jurisdiction

Meaning: The authority of a court to hear and decide a case.

Explanation: Jurisdiction refers to the legal power given to a court or legal body to deal with
specific cases or laws. This power depends on geography, subject matter, or the type of case.
Example: The case was dismissed because it was filed in a court that lacked jurisdiction to hear
criminal matters.

3. Litigation

Meaning: The process of taking a dispute to court.

Explanation: Litigation refers to resolving disputes or enforcing rights through legal
proceedings in a court. It involves multiple steps, like filing lawsuits, presenting evidence, and
arguing before a judge.
Example: After negotiations failed, the company decided to pursue litigation to recover its
damages.

4. Plaintiff

Meaning: The person who brings a case to court.

Explanation: A plaintiff is the individual or entity who files a lawsuit against another party,
claiming their rights have been violated or they have suffered harm.
Example: The plaintiff argued that the company breached the contract by not delivering the
goods on time.

5. Defendant

Meaning: The person or entity being sued or accused in court.

Explanation: A defendant is the party against whom legal action is brought. They respond to
the claims made by the plaintiff or the prosecution in criminal cases.
Example: The defendant denied the charges of negligence and presented evidence in their
favor.

6. Tort

Meaning: A civil wrong causing harm to someone.

Explanation: A tort is an act (other than a breach of contract) that causes harm or injury to
someone, leading to legal liability. Common examples include negligence, defamation, and
trespassing.
Example: The court awarded compensation to the victim for the injuries caused by the
company’s negligence, which was deemed a tort.

7. Bail

Meaning: Temporary release of an accused person awaiting trial.

Explanation: Bail is the conditional release of an accused person who promises to return for
trial. They may be required to deposit money or fulfill conditions to ensure compliance.
Example: The accused was granted bail on the condition that he would not leave the city until
the trial was over.

8. Alibi

Meaning: A claim of being elsewhere when a crime occurred.

Explanation: An alibi is used in criminal defense, where the accused argues they were at
another location when the crime took place, making it impossible for them to be involved.
Example: The defendant presented an alibi supported by witnesses who confirmed he was at a
party during the time of the robbery.
9. Subpoena

Meaning: A legal order to appear in court or provide evidence.

Explanation: A subpoena is a document issued by a court requiring someone to attend court as
a witness or submit documents relevant to a case. Failing to comply can result in penalties.
Example: The lawyer issued a subpoena to the bank to provide account records related to the
fraud case.

10. Arbitration

Meaning: A method of resolving disputes outside the courts.

Explanation: Arbitration is an alternative to litigation where an independent third party
(arbitrator) listens to both sides and makes a binding decision. It is often faster and less formal
than court trials.
Example: The dispute between the company and the supplier was resolved through arbitration,
avoiding a lengthy court battle.