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A brocard is a legal maxim in Latin that is, in a strict sense, derived from traditional legal authorities, even from ancient Rome.
Quid pro quo is a Latin phrase used in English to mean an exchange of goods or services, in which one transfer is contingent upon the other; "a favor for a favor". Phrases with similar meanings include: "give and take", "tit for tat", "you scratch my back, and I'll scratch yours", "this for that," and "one hand washes the other". Other languages use other phrases for the same purpose.
Per se may refer to:
Status quo is a Latin phrase meaning the existing state of affairs, particularly with regard to social, economic, legal, environmental, political, religious, scientific or military issues. In the sociological sense, the status quo refers to the current state of social structure or values. With regard to policy debate, it means how conditions are contrasted with a possible change. For example: "The countries are now trying to maintain the status quo with regard to their nuclear arsenals." To maintain the status quo is to keep things the way they presently are.
Audi alteram partem is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.
Sui iuris, also spelled sui juris, is a Latin phrase that literally means "of one's own right". It is used in both the Catholic Church's canon law and secular law. The term church sui iuris is used in the Catholic Code of Canons of the Eastern Churches (CCEO) to denote the autonomous churches in Catholic communion. The Catholic Church consists of 24 churches, including the Latin Church and 23 Eastern Catholic churches.
Definitions and restrictions on pornography vary across jurisdictions. The production, distribution, and possession of pornographic films, photographs, and similar material are activities that are legal in many but not all countries, providing that any specific people featured in the material have consented to being included and are above a certain age. Various other restrictions often apply as well. The minimum age requirement for performers is most typically 18 years.
The Latin adverb sic inserted after a quotation indicates that the quoted matter has been transcribed or translated as found in the source text, including erroneous, archaic, or unusual spelling, punctuation, and grammar. Sic also applies to any surprising assertion, faulty reasoning, or other matter that might be interpreted as an error of transcription.
The canon law of the Catholic Church is "how the Church organizes and governs herself". It is the system of laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches sui iuris.
Lex orandi, lex credendi, sometimes expanded as Lex orandi, lex credendi, lex vivendi, is a motto in Christian tradition, which means that prayer and belief are integral to each other and that liturgy is not distinct from theology. It refers to the relationship between worship and belief. Its simplistic applicability as a self-standing principle independent of hope and charity was bluntly denied by Pope Pius XII, who positioned liturgy as providing theological evidence not authority.
Ex aequo et bono is a Latin phrase that is used as a legal term of art. In the context of arbitration, it refers to the power of arbitrators to dispense with application of the law, if appropriate, and decide solely on what they consider to be fair and equitable in the case at hand. However, a decision ex aequo et bono is distinguished from a decision on the basis of equity and even tribunals with ex aequo et bono powers generally consider the law too. "Whereas an authorisation to decide a question ex aequo et bono is an authorisation to decide without deference to the rules of law, an authorisation to decide on a basis of equity does not dispense the judge from giving a decision based upon law, even though the law be modified".
The phrase "crossing the Rubicon" is an idiom that means "passing a point of no return". Its meaning comes from allusion to the crossing of the river Rubicon from the north by Julius Caesar in early January 49 BC. The exact date is unknown. Scholars usually place it on the night of 10 and 11 January because of the speeds at which messengers could travel at that time. It is often asserted that Caesar's crossing of the river precipitated Caesar's civil war, but Caesar's forces had already crossed into Italy and occupied Ariminum the previous day.
The phrase law of the land is a legal term, equivalent to the Latin lex terrae, or legem terrae in the accusative case. It refers to all of the laws in force within a country or region, including statute law and case-made law.
Iura novit curia is a Latin legal maxim expressing the principle that "the court knows the law", i.e., that the parties to a legal dispute do not need to plead or prove the law that applies to their case. The maxim is sometimes quoted as jura novit curia, iura noscit curia, curia iura novit, curia novit legem or variants thereof.
Ex demissione is Legal Latin meaning "upon the demise" in which "demise" is used in its sense meaning "lease" or "transfer".
In the canon law of the Catholic Church, custom is the repeated and constant performance of certain acts for a defined period of time, which, with the approval of the competent legislator, thereby acquire the force of law. A custom is an unwritten law introduced by the continuous acts of the faithful with the consent of the legitimate legislator. Historically, some ritual and regulatory customs would be recorded in texts known as customaries for use both within particular cathedrals and religious orders or for dissemination among associated ecclesial communities.
Omnia sunt communia is a Latin phrase and slogan translated as "all things are to be held in common" or simply "all things in common". Originating in the Latin translation of the Acts of the Apostles, altered forms of the slogan were applied as a legal maxim in canon law and later in secular law. The phrase was also a central inspiration for Christian communism.
An appeal to the law is an informal fallacy in which someone tries to encourage or defend an action based on its legality, or condemn it as morally reprehensible, purely because it is illegal. This line of reasoning is faulty because although the law of the land is important, it does not necessarily match up with the morality or sensibility of an action. In reality, many statutorily forbidden acts are malum prohibitum rather than malum in se.
References
- 1 2 Bretzke, J.T. (1998). Consecrated Phrases: A Latin Theological Dictionary : Latin Expressions Commonly Found in Theological Writings. Liturgical Press. p. 109. ISBN 9780814658802 . Retrieved 2015-03-27.
- ↑ Oscar Schachter (1991). International Law in Theory and Practice. M. Nijhoff Publishers. p. 57. ISBN 9780792310242 . Retrieved 2015-03-27.