Bona Vacantia
Denotes the absence of any known person entitled to the estate of a deceased
person
Compos Mentis
OF SOUND MIND
Legally fit to conduct/defend proceedings
Duces Tecum
BRING WITH YOU
Order to produce document to court
Ex Gratia
AS A MATTER OF FAVOUR
An Ex Gratia payment would be awarded without the acceptance of any liability
or blame
Forum Conveniens
AT A CONVENIENT PLACE
A Court having jurisdiction in a particular case
Habeas Corpus
PRODUCE THE BODY
A writ that directs a person to produce someone held in custody before
the court
Ignorantia Juris non excusat
IGNORANCE OF THE LAW IS NO EXCUSE
If committing an offence a guilty party cannot use as a defence the fact
that they did so without knowledge that they were breaking the law
Ipso Facto
BY THE FACT
The reliance upon facts that together prove a point
Locus in quo
THE PLACE IN WHICH
During proceedings may be used as reference to subject matter i.e. scene
of accident
Mens Rea
GUILTY MIND
The intention to commit an offence whilst knowing it to be wrong
Nota Bene (nb)
NOTE WELL
An abbreviation denoting that the reader of an article should make a particular
note of the article mentioned.
Prima Facie
FIRST SIGHT
Prima Facie evidence would be considered sufficient to prove a case unless
disproved - if no Prima Facie evidence can be offered there is no case
to answer
Res Ipsa Loquitur
THE THING SPEAKS FOR ITSELF
An event that has occurred which, if the subject of litigation, would
not require an onus of proof by the plaintiff because of the obvious negligence
of the defendant
Subpoena ad Testificum
TO PRODUCE EVIDENCE
A writ directed to a person commanding him/her, under a penalty, to appear
before a Court and give evidence
Ultra Vires (also See Intra Vires)
BEYOND THE POWER
An act that falls outside or beyond the jurisdiction of the court
Intra Vires
WITHIN THE POWER OF
An act that falls within the Jurisdiction of the Court