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Legal Latin Phrases in Criminal Law
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Caveat emptor
Let the buyer beware; this principle is typically used in property law, but in criminal law, it may surface in cases of fraud or theft where the victim claims lack of knowledge about a product or transaction.
Bona fide
In good faith; this phrase is used in criminal law to describe actions or people that are honest without a deceit or fraud intent. The opposite, mala fide, indicates bad faith or intent to deceive.
Stare decisis
To stand by things decided; the principle of adhering to precedent in legal cases. In criminal law, it helps create consistency in how laws are applied by requiring courts to follow earlier judicial decisions.
Doli incapax
Incapable of crime; a doctrine used in criminal law to denote the incapacity of a child under a certain age (commonly 10 or 14 years) to commit a crime, on the assumption that they do not possess the mens rea to do so.
Mens rea
The mental state of intent to commit a crime. It's a necessary element in criminal law to determine the culpability of a defendant, who must have a guilty mind when committing the actus reus.
Habeas corpus
A principle that a person cannot be held in prison without first being charged with a specific crime. In criminal law, this translates to the right to a judicial hearing to determine the legality of the detention.
Vicarious liability
Liability assigned to one person for the conduct of another, based solely on a relationship between the two. In criminal law, used for cases where an employer might be liable for the employee's actions.
Ipso facto
By the fact itself; in criminal law, this phrase means that something is the case by the very nature of the act, without need for further evidence to establish it.
Mala prohibita
Wrong because prohibited; a term used in criminal law for actions that are criminal not because they are inherently wrong but because they are prohibited by law, such as jaywalking or parking violations.
Res ipsa loquitur
The thing speaks for itself; used in tort law often rather than criminal law, but can be applied in criminal cases to imply that the defendant's action or inaction is so obviously negligent that no further explanation is necessary.
Subpoena duces tecum
An order to produce documents or evidence. In criminal law, this is a type of subpoena that orders a person to bring physical evidence before the court or face punishment.
Mala fide
In bad faith; Signifies an attempt to deceive or fraud. In criminal law, a mala fide actor is one who has the intent to defraud or deceive others.
Inter alia
Among other things; this term is used in criminal law to specify that a particular statute or legal provision applies among other things, which may not all be listed.
Amicus curiae
Friend of the court; refers to a person or organization that is not a party to a case who assists a court by offering information, expertise, or insight into the case. In criminal law, amicus curiae can provide legal arguments or data that the court may consider.
In flagrante delicto
Caught in the act of committing a crime. This Latin term is used to describe someone who has been caught in the moment of the crime, often leading to a presumption of guilt in criminal law.
Ultra vires
Beyond the powers; acts conducted outside the scope of one’s legal authority. In criminal law, it can be used when government officials or agencies act beyond their lawful powers.
Corpus delicti
Body of the crime; refers to the principle that a crime must be proven to have occurred before a person can be convicted of committing that crime in a court of law.
Modus operandi
Method of operating; in criminal law, this term refers to the pattern of behavior a criminal uses in the commission of crimes, which can be used as evidence to link them to offenses.
Exculpatory evidence
Evidence that exonerates a defendant from fault or guilt. In criminal law, it is crucial that exculpatory evidence is disclosed to the defense to ensure a fair trial.
Nolo contendere
No contest; a plea by the defendant in a criminal prosecution that does not admit guilt but also does not dispute the charges. It is equivalent to a guilty plea for sentencing purposes.
Prima facie
At first face; refers to the evidence that is sufficient enough to prove a fact unless disproven. In criminal law, establishes a defendant's guilt until evidence is shown which casts doubt on this assumption.
Mala in se
Wrong or evil in itself; describes conduct assessed as sinful or inherently wrong by nature, regardless of the law. In criminal law, it refers to offenses that are wrong by their very nature, such as murder or rape.
In loco parentis
In the place of a parent; refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. In criminal law, may relate to the liability of schools for students' welfare.
Nulla poena sine lege
No penalty without law; a principle that one cannot be punished for doing something that is not prohibited by law. In criminal law, it ensures that no one is punished under a law that didn't exist at the time the act was committed.
Per se
By itself; in criminal law, refers to acts that are inherently illegal, and do not require additional proof of illegality or intent, such as driving drunk.
Ex post facto
After the fact; a law that retroactively changes the legal consequences of actions. Ex post facto laws are prohibited in criminal law, as individuals cannot be penalized for actions that were not criminal at the time they were committed.
In camera
In private; in criminal law, it describes hearings or parts of hearings that are held privately without the public or press. This can be done to protect sensitive evidence or the privacy of the individuals involved.
De facto
In fact; a term used to describe practices that exist in reality, even if not legally recognized. In criminal law, it can refer to a situation where someone is acting as if they are the lawful authority without being legally recognized as such.
Actus reus
The physical act of committing a crime. In criminal law, it is used to refer to the objective element of a crime that must be coupled with the mental intent (mens rea) to establish liability.
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