Those of us who had to take Latin as a school subject through Matric back in the day usually don’t have any problems with law phrases.

Ou Varkie, our Latin teacher, usually greeted us with “Salvete discipuli” (greetings students), followed by us replying en-masse with “Salve magister” (greetings teacher). He made sure that our vocabulary was up to scratch to pass the weekly pop quiz with a swift blow to the rear-end for every incorrectly spelt word; luckily he was patient and gracious due to the difficult inflections and conjugations of the Latin language.

Latin 1 was a breeze for me in university because of this.

“Be careful if you are a participant (in a contract)”

Back then, Latin was still compulsory for all law studies and the poor sods who did not have Latin in school had to meet this gruesome requirement by passing Latin Spes. This requirement was not there to make things unnecessarily hard, but because our law is modeled after the Roman-Dutch law.

As we all know, the Romans spoke Latin.

Eventually, the Latin requirement was given the boot for law students, but our law is still ridden with it. Old cases and law journals are riddled with Latin phrases that confuse both the public and legal scholars on a regular basis. I often struggle to contain my laughter when I hear how some of my colleagues or clients attempt to pronounce Latin phrases.

Contracts, especially, often contain long and complicated Latin phrases that need to be explained to signees in layman’s terms. This is probably where the principle of caveat conscriptor, or be careful if you are the participant (in a contract), comes from.

So here’s a bit of Latin straight out of law journals to memorise for future use (or to appear informed)… And good luck with the pronunciations.

Luckily, ou Varkie isn’t here to check the spelling, but feel free to ask a lawyer if you do not understand something.

Ab initio – from the beginning
Ad idem – in agreement
Amicus curiae – a party (friend of the court) in a case who is not really a participating party, but can contribute to the case
Audi alteram partem – the principle that both parties’ versions need to be heard
Bona fide – in good faith
Causa – cause
Curator ad litem – a person who oversees another person’s legal interests (usually an advocate or lawyer)
Curator bonis – a person who manages the financial interests of another person and who was appointed by the court
Curator ad personam –a person who oversees and makes decisions regarding another person’s bodily needs where said person is not in state to do so themselves
Contra bonos mores – contrary to good morals
Compos mentis – when a person is fully mentally present
Domicilium citandi et executandi – an address that a party agrees to as his/her domicile where he/she will accept notice of process papers even if he/she is not present in person
De bonis propriis – usually refers to cost orders where the law representative or other official (who is not a party to suit) have to pay
Doli incapax – unaccountable (minors under a certain age or certain mentally challenged individuals)
Ex gratia – as a favour (usually a payment settlement without recognition of debt)
Ex abundanti cautela – to do something out of caution without it being truly necessary
Ex parte – to approach the court on behalf of a single party
Ex post facto – after the fact
In camera – proceedings that happen without general access (in chambers)
In re – in the matter of
Locus standi – the right to be a party involved in a case
Mutatis mutandis – with the necessary changes
Mandamus – a court order to perform a certain act
Non sequitor – when something does not logically follow something else
Nomine officio – in official capacity (like a executor or curator)
Pro amico (bono) – without charging a fee
Prima facie – on face value alone
Pro forma – when a document was drafted in concept and is subject to approval (like a contract or court order)
Quid pro quo – doing something in exchange for something else
Res ipsa loquitor – the facts speak for themselves
Sub judice – if a case is pending in court. Not, as politici often like to refer to it, when a case has not been investigated yet
Sine die – usually used when a case is postponed to an undetermined date somewhere in the future
Subpoena – a court order for someone to deliver testimony in a case
Vis major – a clause in a contract that refers to extraordinary unforeseeable happenings (act of God)

I think I should stop here before I get to qui prior est in tempore potior est in jure or alike Latin phrases, of which there are still countless others.

Salutem lectori (greetings reader)