Animo

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Animo is a Latin legal term meaning 'with intention' or 'with purpose'. [1]

Animo can be neutral or negative, "a double edged sword," but is more often negative - and rarely positive. [2] It was formerly used only in criminal law, but later in tort cases, which was used by juries to determine "ill will" of the defendant, as in 'animosity'. [2]

A number of Latinisms developed: animo furandi (intent to steal), animo felonico (intent to commit a felony), and animo defamadi (intent to defame). [2] These were all negative, but neutral forms arose in estate law: animo testandi (animus testandi or testamentary intent) and animo revocandi (intent to revoke a will). [2] Additional Latinisms include animo manendi (intent to remain) and animo revertendi (intent to return), [3] which are essential elements of domicile.

Animus nocendi , derived from the word, is still used to describe the intent to commit a crime, and animus donandi to show the intent to give a gift or bequest. [4]

References

  1. ↑ Animo, US Legal
  2. 1 2 3 4 Garner, Bryan (2021). A Dictionary of Modern Legal Usage. p. 59. Retrieved March 13, 2025.
  3. ↑ Butt, Peter (2021). The Lawyer’s Style Guide: A Student and Practitioner Guide. p. 57. Retrieved March 13, 2025.
  4. ↑ Fellmeth, Aaron Xavier; Horwitz, Maurice (2009). Guide to Latin in International Law. Oxford University Press. pp. 32, 192. ISBN   978-0-19-536938-0 . Retrieved March 13, 2025.


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