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15 Most Common Latin Legal Phrases and What They Actually Mean

Even if you’ve never stepped foot in a law school, you’ve likely encountered Latin legal phrases. The modern legal system is built on a foundation of Roman law, and many of the core concepts are still expressed in their original Latin forms.

Here are 15 of the most common Latin legal terms, their literal translations, and how they are used today.

1. Habeas Corpus

  • Literal Meaning: "You shall have the body."
  • Legal Meaning: A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

2. Ad Hominem

  • Literal Meaning: "To the man."
  • Legal Meaning: An argument or reaction directed against a person rather than the position they are maintaining.

3. Prima Facie

  • Literal Meaning: "At first face" or "At first sight."
  • Legal Meaning: Based on the first impression; accepted as correct until proved otherwise.

4. Pro Bono (Publico)

  • Literal Meaning: "For the (public) good."
  • Legal Meaning: Professional work undertaken voluntarily and without payment.

5. Mens Rea

  • Literal Meaning: "Guilty mind."
  • Legal Meaning: The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.

6. Actus Reus

  • Literal Meaning: "Guilty act."
  • Legal Meaning: Action or conduct which is a constituent element of a crime.

7. Subpoena

  • Literal Meaning: "Under penalty."
  • Legal Meaning: A writ ordering a person to attend a court.

8. Affidavit

  • Literal Meaning: "He has stated on oath."
  • Legal Meaning: A written statement confirmed by oath or affirmation, for use as evidence in court.

9. Amicus Curiae

  • Literal Meaning: "Friend of the court."
  • Legal Meaning: An impartial adviser, often voluntary, to a court of law in a particular case.

10. De Facto

  • Literal Meaning: "In fact."
  • Legal Meaning: In fact, whether by right or not.

11. De Jure

  • Literal Meaning: "According to law."
  • Legal Meaning: According to rightful entitlement or claim; by right.

12. In Loco Parentis

  • Literal Meaning: "In the place of a parent."
  • Legal Meaning: (Of a person or body) in the place of a parent with the same rights and responsibilities.

13. Modus Operandi

  • Literal Meaning: "Way of operating."
  • Legal Meaning: A particular way or method of doing something, especially one that is characteristic or well-established.

14. Quid Pro Quo

  • Literal Meaning: "Something for something."
  • Legal Meaning: A favor or advantage granted or expected in return for something.

15. Stare Decisis

  • Literal Meaning: "To stand by things decided."
  • Legal Meaning: The legal principle of determining points in litigation according to precedent.

Why Latin Still Matters in Law

While it might seem archaic, these Latin terms provide a universal shorthand for complex legal concepts. They ensure that lawyers in different jurisdictions are speaking the same conceptual language.

If you are interested in the roots of these words, you can look up each component in our Latin Dictionary to see how the meaning evolved from classical Latin to the modern courtroom.

Want to learn more? Use our Text Analyzer to decode more complex legal maxims or browse our Library for historical legal texts.