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Latin legal maxims (A to Z)
A
A mensa et thoro - From bed and board.
A vinculo matrimonii - From the bond of matrimony.
Ab extra - From outside.
Ab initio - From the beginning.
Absoluta sententia expositore non indiget - An absolute judgment needs no expositor.
Abundans cautela non nocet - Abundant caution does no harm.
Accessorium non ducit sed sequitur suum principale - An accessory does not draw, but follows its principal.
Accessorius sequitur - One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender.
Acta exteriora iudicant interiora secreta - Outward acts indicate the inward intent.
Actio non accrevit infra sex annos - The action has not accrued within six years.
Actio non datur non damnificato - An action is not given to one who is not injured.
Actio personalis moritur cum persona - A personal action dies with the person.
Actiones legis - Law suits.
Actori incumbit onus probandi - The burden of proof lies on the plaintiff.
Actus nemini facit injuriam - The act of the law does no one wrong.
Actus non facit reum nisi mens sit rea - The act does not make one guilty unless there be a criminal intent.
Actus reus - A guilty deed or act.
Ad ea quae frequentius acciduunt jura adaptantur - The laws are adapted to those cases which occur more frequently.
Ad hoc - For this purpose.
Ad infinitum - Forever, without limit, to infinity.
Ad perpetuam rei memoriam - For a perpetual memorial of the matter.
Ad quaestionem facti non respondent judices; ad quaestionem legis non respondent juratores - The judges do not answer to a question of fact; the jury do not answer to a question of Law.
Aedificare in tuo proprio solo non licet quod alteri noceat - It is not lawful to build on one's own land what may be injurious to another.
Aequitas legem sequitur - Equity follows the law.
Aequitas nunquam contravenit legem - Equity never contradicts the law.
Alibi - At another place, elsewhere.
Alienatio rei praefertur juri accrescendi - Alienation is preferred by law rather than accumulation.
Aliunde - From elsewhere, or, from a different source
Allegans contraria non est audiendus - One making contradictory statements is not to be heard.
Allegans suam turpitudinem non est audiendus - One alleging his own infamy is not to be heard.
Allegatio contra factum non est admittenda - An allegation contrary to a deed is not to be heard.
Ambiguitas contra stipulatorem est - An ambiguity is most strongly construed against the party using it.
Ambiguitas verborum patens nulla verificatione excluditur - A patent ambiguity is never helped by averment.
Amicus curiae - A friend of the Court.
Angliae jura in omni casu libertati dant favorem - The laws of England are favorable in every case to liberty.
Animo furandi - With an intention of stealing.
Animo testandi - With an intention of making a will.
Annus luctus - The year of mourning.
Ante - Before.
Aqua currit et debet currere, ut currere solebat - Water runs and ought to run.
Arbitrium est judicium - An award is a judgment.
Arbor dum crescit; lignum cum crescere nescit - A tree while it grows, wood when it cannot grow.
Argumentum ab auctoritate fortissimum est in lege - An argument drawn from authority is the strongest in law.
Argumentum ab impossibilii plurimum valet in lege - An argument from impossibility is very strong in law.
Argumentum ad hominem - An argument directed a the person.
Argumentum ad ignoratiam - An argument based upon ignorance (i.e. of one's adversary).
Arma in armatos sumere jura sinunt - The laws permit the taking up of arms against the armed.
Assentio mentium - The meeting of minds, i.e. mutual assent.
Assignatus utitur jure auctoris - An assignee is clothed with rights of his assignor.
Audi alteram partem - Hear the other side.
Aula regis - The King's Court.
B
Benignior sententia in verbis generalibus seu dubiis est preferenda - The more favorable construction is to be placed on general or doubtful words.
Bis dat qui cito dat - He gives (pays) twice who pays promptly.
Bona fide - Sincere, in good faith
Bona vacantia - Goods without an owner
Boni judicis est ampliare jurisdictionem - It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority.
Boni judicis est judicium sine dilatione mandare executioni - It is the duty of a good judge to cause execution to issue on a judgment without delay.
Boni judicis lites dirimere est - It is the duty of a good judge to prevent litigation.
Bonus judex secundum aequum et bonum judicat et aequitatem stricto juri praefert - A good judge decides according to justice and right and prefers equity to strict law.
Breve judiciale non cadit pro defectu formae - A judicial writing does not fail through defect of form.
C
Cadit quaestio - The matter admits of no further argument.
Cassetur billa (breve) - Let the writ be quashed.
Casus fortuitus non est spectandus; et nemo tenetur divinare - A fortuitous event is not to be foreseen and no person is bound to divine it.
Catalla reputantur inter minima in lege - Chattels are considered in law among the minor things.
Causa proxima, non remota spectatur - The immediate, and not the remote cause is to be considered.
Caveat emptor - Let the purchaser beware.
Caveat venditor - Let the seller beware.
Cepi corpus et est languidum - I have taken the body and the prisoner is sick.
Cepi corpus et paratum habeo - I have taken the body and have it ready.
Ceteris paribus - Other things being equal.
Consensu - Unanimously or, by general consent.
Consensus ad idem - Agreement as to the same things.
Consuetudo loci observanda est - The custom of the place is to be observed.
Contemporanea expositio est optima et fortissima in lege - A contemporaneous exposition is best and most powerful in law.
Contra - To the contrary.
Contra bonos mores - Against good morals.
Contra non valentem agere nulla currit praescriptio - No prescription runs against a person not able to act.
Contractus est quasi actus contra actum - A contract is an act as it were against an act.
Conventio et modus vincunt legem - A contract and agreement overcome the law.
Conventio privatorum non potest publico juri derogare - An agreement of private persons cannot derogate from public right.
Coram Domino Rege - In the presence of our Lord the King.
Coram non judice - Before one who is not a judge.
Corpus - Body.
Corpus delicti - The body, i.e. the gist of crime.
Corpus humanum non recipit aestimationem - A human body is not susceptible of appraisement.
Crescente malitia crescere debet et poena - Vice increasing, punishment ought also to increase.
Crimen omnia ex se nata vitiat - Crime vitiates every thing, which springs from it.
Crimen trahit personam - The crime carries the person.
Cujus est dare, ejus est disponere - He who has a right to give has the right to dispose of the gift.
Cujus est solum, ejus est usque ad coelam; et ad inferos - He who owns the soil owns it up to the sky; and to its depth.
Cum duo inter se pugnantia reperiuntur in testamentis ultimum ratum est - When two things repugnant to each other are found in a will, the last is to be confirmed.
Cursus curiae est lex curiae - The practice of the court is the law of the court.
Custos morum - A guardian of morals.
D
Damnum sine injuria - damage without legal injury.
De bonis asportatis - Of goods carried away.
De bonis non administratis - Of goods not administered.
De die in diem - From day to day.
De facto - In fact.
De futuro - In the future.
De integro - As regards the whole.
De jure - Rightful, by right.
De minimis lex non curat - The law does not notice trifling matters.
De novo - Starting afresh.
Debile fundamentum fallit opus - Where there is a weak foundation, the work fails.
Debita sequuntur personam debitoria - Debts follow the person of the debtor.
Debitor non praesumitur donare - A debtor is not presumed to make a gift.
Debitum et contractus sunt nullius loci - Debt and contract are of no particular place.
Debitum in praesenti, solvendum in futuro - A present debt is to be discharged in the future.
Delegata potestas non potest delegari - A delegated authority cannot be again delegated.
Derivativa potestas non potest esse major primitiva - The power which is derived cannot be greater than that from which it is derived.
Deus solus haeredem facere potest, non homo - God alone, not man, can make an heir.
Dies Dominicus non est juridicus - Sunday is not a day in law.
Discretio est discernere per legem quid sit justum - Discretion is to discern through law what is just.
Doli incapax - Incapable of crime.
Dominium - Ownership.
Domus sua cuique est tutissimum refugium - Every man s house is his safest refuge.
Dona clandestina sunt semper suspiciosa - Clandestine gifts are always suspicious.
Dormiunt leges aliquando, nunquam moriuntur - The laws sometimes sleep, but never die.
Doti lex favet; praemium pudoris est; ideo parcatur - The law favors dower; it is the reward of chastity, therefore let it be preserved.
Dubitante - Doubting the correctness of the decision.
Duo non possunt in solido unam rem possidere - Two cannot possess one thing each in entirety.
E
Ei incumbit probatio qui - The onus of proving a fact rests upon the man.
Ei incumbit probatio qui dicit, non qui negat - The burden of the proof lies upon him who affirms, not he who denies.
Error, qui non resistitur approbatur - An error not resisted is approved.
Et cetera - Other things of that type.
Ex cathedra - With official authority.
Ex concessis - In view of what has already been accepted/
Ex dolo malo actio non oritur - A right of action cannot arise out of fraud.
Ex facie - On the fact of it.
Ex gratia - Out of kindness, voluntary.
Ex nihilo nil fit - From nothing nothing comes.
Ex nudo pacto actio non oritur - No action arises on a contract without a consideration.
Ex parte - Proceeding brought by one person in the absence of another.
Ex post facto - By reason of a subsequent act.
Ex praecedentibus et consequentibus optima fit interpretatio - The best interpretation is made from things preceding and following.
Ex turpi causa non oritur actio - No action arises on an immoral contract.
Exceptio probat regulam - An exception proves the rule.
Executio est executio juris secundum judicium - Execution is the fulfillment of the law in accordance with the judgment.
Executio est finis et fructus legis - An execution is the end and the fruit of the law.
Executio legis non habet injuriam - Execution of the law does no injury.
Extra legem positus est civiliter mortuus - One out of the pale of the law (i.e. an outlaw) is civilly dead.
F
Faciendum - Something which is to be done.
Factum - An act or deed.
Facultas probationum non est angustanda - The right of offering proof is not to be narrowed.
Falsa demonstratio non nocet - A false description does not vitiate.
Fatetur facinus qui judicium fugit - He who flees judgment confesses his guilt.
Felix qui potuit rerum cognoscere causas - Happy is he who has been able to understand the causes of things.
Felonia implicatur in qualibet proditione - Felony is implied in every treason.
Festinatio justitiae est noverca infortunii - The hurrying of justice is the stepmother of misfortune.
Fictio cedit veritati; fictio juris non est, ubi veritas - Fiction yields to truth. Where truth is, fiction of law does not exist.
Fides servanda est - Good faith is to be preserved.
Fieri facias (abreviated fi. fa.) - That you cause to be made.
Filiatio non potest probari - Filiation cannot be proved.
Firmior et potentior est operatio legis quam dispositio hominis - The operation of law is firmer and more powerful than the will of man.
Forma legalis forma essentialis est - Legal form is essential form.
Fortior est custodia legis quam hominis - The custody of the law is stronger than that of man.
Fractionem diei non recipit lex - The law does not regard a fraction of a day.
Fraus est celare fraudem - It is a fraud to conceal a fraud.
Fraus est odiosa et non praesumenda - Fraud is odious and is not to be presumed.
Fraus et jus nunquam cohabitant - Fraud and justice never dwell together.
Fructus naturales - Vegetation which grows naturally without cultivation.
Frustra probatur quod probatum non relevat - That is proved in vain which when proved is not relevant.
Furor contrahi matrimonium non sinit, quia consensus opus est - Insanity prevents marriage from being contracted because consent is needed.
G
Generale nihil certum implicat - A general expression implies nothing certain.
Generalia praecedunt, specialia sequuntur - Things general precede, things special follow.
Generalia specialibus non derogant - Things general do not derogate from things special.
Generalis regula generaliter est intelligenda - A general rule is to be generally understood.
Gravius est divinam quam temporalem laedere majestatem - It is more serious to hurt divine than temporal majesty.
H
Habeas corpus - That you have the body.
Habemus optimum testem confitentem reum - We have the best witness, a confessing defendant.
Haeredem est nomen collectum - Heir is a collective name.
Haeres est nomen juris, filius est nomen naturae - Heir is a term of law, son, one of nature.
Haeres legitimus est quem nuptiae demonstrant - He is the lawful heir whom the marriage indicates.
Homo vocabulum est naturae; persona juris civilis - Man is a term of nature, person of the civil law.
I
Id est (i.e) - That is.
Id quod commune est, nostrum esse dicitur - That which is common is said to be ours.
Idem - The same person or thing.
Idem nihil dicere et insufficienter dicere est - It is the same to say nothing as not to say enough.
Ignorantia facti excusat, ignorantia juris non excusat - Ignorance of fact excuses, ignorance of law does not excuse.
Imperium in imperio - A sovereignty within a sovereignty.
Impotentia excusat legem - Impossibility is an excuse in the law.
Impunitas semper ad deteriora invitat - Impunity always leads to greater crimes.
In aequali jure melior est conditio possidentis - When the parties have equal rights, the condition of the possessor is better.
In alta proditione nullus potest esse acessorius; sed principalis solum modo - In high treason no one can be an accessory; but a principal only.
In Anglia non est interregnum - In England there is no interregnum.
In camera - In private.
In casu extremae necessitatis omnia sunt communia - In a case of extreme necessity everything is common.
In criminalibus probationes debent esse luce clariores - In criminal cases the proofs ought to be cleared than the light.
In curia domini regis, ipse in propria persona jura discernit - In the King s Court, the King himself in his own person dispenses justice.
In delicto - At fault.
In esse - In existence.
In extenso - At full length.
In fictione legis aequitas existit - A legal fiction is consistent with equity.
In foro conscientiae - In the forum of conscience.
In futoro - In the future.
In jure non remota causa sed proxima spectatur - In law not the remote but the proximate cause is looked at.
In limine - At the outset, on the threshold.
In loco parentis - In place of the parent.
In mortua manu - In a dead hand.
In novo casu novum remedium apponendum est - In a new case a new remedy is to be applied.
In omni re nascitur res quae ipsam rem exterminat - In everything is born that which destroys the thing itself.
In omnibus - In every respect.
In pari delicto potior est conditio possidentis - When the parties are equally in the wrong the condition of the possessor is better.
In personam - Against the person.
In pleno - In full.
In quo quis delinquit in eo de jure est puniendus - In whatever thing one offends in that he is to be punished according to law.
In re dubia magis inficiatio quam affirmatio intelligenda - In a doubtful matter the negative is to be understood rather than the affirmative.
In republica maxime conservanda sunt jura belli - In a State the laws of war are to be especially observed.
In situ - In its place.
In terrorem - As a warning or deterrent.
In testamentis plenius testatoris intentionem scrutamur - In wills we seek diligently the intention of the testator.
In traditionibus scriptorum non quod dictum est, sed quod gestum est, inspicitur - In the delivery of writings (deeds), not what is said but what is done is to be considered.
In verbis, non verba sed res et ratio quaerenda est - In words, not words, but the thing and the meaning are to be inquired into.
Indicia - Marks, signs.
Injuria non excusat injuriam - A wrong does not excuse a wrong.
Intentio inservire debet legibus, non leges intentioni - Intention ought to be subservient to the laws, not the laws to the intention.
Inter alia - Amongst other things.
Interest reipublicae res judicatas non rescindi - It is in the interest of the State that things adjudged be not rescinded.
Interest reipublicae suprema hominum testamenta rata haberi - It is in the interest of the State that men s last wills be sustained.
Interest reipublicae ut quilibet re sua bene utatur - It is in the interest of the State that every one use properly his own property.
Interest reipublicase ut sit finis litium - It is in the interest of the State that there be an end to litigation.
Interim - Temporary, in the meanwhile.
Interpretare et concordare leges legibus est optimus interpretandi modus - To interpret and harmonize laws is the best method of interpretation.
Interpretatio fienda est ut res magis valeat quam pereat - Such a construction is to be made that the thing may have effect rather than it should fail.
Interruptio multiplex non tollit praescriptionem semel obtentam - Repeated interruption does not defeat a prescription once obtained.
Invito beneficium non datur - A benefit is not conferred upon one against his consent.
Ipsissima verba - The very words of a speaker.
Ipso facto - By that very fact.
Ira furor brevis est - Anger is brief insanity.
Iter arma leges silent - In war the laws are silent.
J
Judex est lex loquens - A judge is the law speaking.
Judex non potest esse testis in propira causa - A judge cannot be witness in his own cause.
Judex non potest injuriam sibi datam punire - A judge cannon punish a wrong done to himself.
Judex non reddit plus quam quod petens ipse requirit - A judge does not give more than the plaintiff himself demands.
Judiciis posterioribus fides est adhibenda - Faith must be given to later decisions.
Judicis est judicare secundum allegata et probata - It is the duty of a judge to decide according to the allegations and the proofs.
Judicium non debet esse illusorium, suum effectum habere debet - A judgment ought not to be illusory; it ought to have its proper effect.
Juduces non tenentur exprimere causam sententiae suae - Judges are not bound to explain the reason of their judgment.
Jura naturae sunt immutabilia - The laws of nature are immutable.
Jura publica anteferenda privatis juribus - Public rights are to be preferred to private rights.
Juramentum est indivisibile et non est admittendum in parte verum et in parte falsum - An oath is indivisible and it is not to be held partly true and partly false.
Jurare est Deum in testem vocare, et est actus divini cultus - To swear is to call God to witness and is an act of divine worship.
Jus - A right that is recognised in law.
Jus accrescendi praefertur oneribus - The right of survivorship is preferred to incumbrances.
Jus ad rem; jus in re - A right to a thing; a right in a thing.
Jus dicere, non jus dare - To declare the law, not to make the law.
Jus est norma recti; et quicquid est contra normam recti est injuria - The law is a rule of right; and whatever is contrary to a rule of right is an injury.
Jus naturale - Natural justice.
Jus naturale est quod apud omnes homines eandem habet potentiam - Natural right is that which has the same force among all men.
Jus scriptum aut non scriptum - The written law or the unwritten law.
Jusjurandum inter alios factum nec nocere nec prodesse debet - An oath made between third parties ought neither to hurt nor profit.
Justitia est duplec; severe puniens et vere praeveniens - Justice is two-fold; severely punishing and in reality prohibiting (offences).
Justitia firmatur solium - The throne is established by justice.
Justitia nemini neganda est - Justice is to be denied to no one.
L
Leges posteriores priores contrarias abrogant - Subsequent laws repeal prior conflicting ones.
Legibus sumptis desinentibus legibus naturae utendum est - When laws imposed by the State fail, we must use the laws of nature.
Lex aliquando sequitur aequitatem - The law sometimes follows equity.
Lex citius tolerare vult privatum damnum quam publicum malum - The law would rather tolerate a
private injury than a public evil.
Lex dabit remedium - The law will give a remedy.
Lex dilationes abhorret - The law abhors delays.
Lex est judicum tutissimus ductor - The law is the safest guide for judges.
Lex est sanctio sancta jubens honesta et prohibens contraria - The law is a sacred sanction, commanding what is right and prohibiting the contrary.
Lex indendit vicinum vicini facta scire - The law presumes that one neighbor knows the acts of another.
Lex necessitatis est lex temporis i.e. instantis - The law of necessity is the law of time, that is time present.
Lex neminem cogit ad vana seu impossiblia - The law compels no one to do vain or impossible things.
Lex nil frustra facit - The law does nothing in vain.
Lex non a rege est violanda - The law must not be violated even by the King.
Lex non deficere potest in justitia exhibenda - The law cannot fail in dispensing justice.
Lex non novit patrem, nec matrem; solam veritatem - The law does not know neither father nor mother, only the truth.
Lex non oritur ex injuria - The law does not arise from a mere injury.
Lex non requirit verificari quod apparet curiae - The law does not require that to be proved which is apparent to the Court.
Lex non favet delicatorum votis - The law does not favor the wishes of the dainty.
Lex plus laudatur quando ratione probatur - The law is the more praised when it is supported by reason.
Lex prospicit not respicit - The law looks forwared, not backward.
Lex punit mendaciam - The law punishes falsehood.
Lex rejicit superflua, pugnatia, incongrua - The law rejects superfluous, contradictory and incongruous things.
Lex spectat naturae ordinem - The law regards the order of nature.
Lex succurrit ignoranti - The law succors the ignorant.
Lex tutissima cassis, sub clypeo legis nemo decipitur - Law is the safest helmet; under the shield of the law no one is deceived.
Lex uno ore omnes alloquitur - The law speaks to all through one mouth.
Longa possessio est pacis jus - Long possession is the law of peace.
Longa possessio parit jus possidendi et tollit actionem vero domino - Long possession produces the right of possession and takes away from the true owner his action.
M
Magister rerum usus; magistra rerum experientia - Use is the master of things; experience is the mistress of things.
Major continet in se minus - The greater contains the less.
Majus est delictum se ipsum occidere quam alium - It is a greater crime to kill one s self than another.
Mala fide - In bad faith.
Mala grammatica non vitiat chartam - Bad grammar does not vitiate a deed.
Mala in se - Bad in themselves.
Mala prohibita - Crimes prohibited.
Malitia supplet aesatem - Malice supplies age.
Malo animo - With evil intent.
Mandamus - We command.
Maximus magister erroris populus est - The people are the greatest master of error.
Melior est conditio possidentis, ubi neuter jus habet - Better is the condition of the possessor where neither of the two has the right.
Melior testatoris in testamentis spectanda est - In wills the intention of a testator is to be regarded.
Meliorem conditionem suam facere potest minor deteriorem nequaquam - A minor can make his position better, never worse.
Mens rea - Guilty state of mind.
Mentiri est contra mentem ire - To lie is to act against the mind.
Merito beneficium legis amittit, qui legem ipsam subvertere intendit - He justly loses the benefit of the law who seeks to infringe the law.
Minatur innocentibus qui parcit nocentibus - He threatens the innocent who spares the guilty.
Misera est servitus, ubi jus est vagum aut incertum - It is a miserable slavery where the law is vague or uncertain.
Mors dicitur ultimum supplicium - Death is called the extreme penalty.
Muilta exercitatione facilius quam regulis percipies - You will perceive many things more easily by experience than by rules.
N
Nam nemo haeres viventis - For no one is an heir of a living person.
Naturae vis maxima est - The force of nature is the greatest.
Necessitas inducit privilegium quoad jura privata - With respect to private rights necessity induces privilege.
Necessitas non habet legem - Necessity has no law.
Necessitas publica est major quam privata - Public necessity is greater than private necessity.
Negligentia semper habet infortuniam comitem - Negligence always has misfortune for a companion.
Nemo admittendus est inhabilitare se ipsum - No one is allowed to incapacitate himself.
Nemo bis punitur pro eodem delicto - No one can be twice punished for the same offence.
Nemo cogitur suam rem vendere, etiam justo pretio - No one is bound to sell his own property, even for a just price.
Nemo contra factum suum venire potest - No man can contradict his own deed.
Nemo debet esse judex in propria causa - No one can be judge in his own case.
Nemo plus juris transferre ad alium potest quam ipse habet - No one can transfer to another a larger right than he himself has.
Nemo potest contra recordum verificare per patriam - No one can verify by the country, that is, through a jury, against the record.
Nemo potest esse tenens et dominus - No one can at the same time be a tenant and a landlord (of the same tenement).
Nemo potest facere per alium, quod per se non potest - No one can do through another what he cannot do himself.
Nemo potest mutare consilium suum in alterius injuriam - No one can change his purpose to the injury of another.
Nemo praesumitur esse immemor suae aeternae salutis et maxime in articulo mortis - No one is presumed to be forgetful of his eternal welfare, and particularly in the hour of death.
Nemo prohibetur pluribus defensionibus uti - No one is forbidden to make use of several defences.
Nemo punitur pro alieno delicto - No one is punished for the crime of another.
Nemo se accusare debet, nisi coram Deo - No one should accuse himself except in the presence of God.
Nemo tenetur accusare se ipsum nisi coram Deo - No one is bound to accuse himself except in the presence of God.
Nemo tenetur armare adversarium contra se - No one is bound to arm his adversary against himself.
Nexus - Connection
Nihil quod est inconveniens est licitum - Nothing inconvenient is lawful.
Nil facit error nominis cum de corpore constat - An error of name makes not difference when it appears from the body of the instrument.
Nisi - Unless
Non compus mentis - Not of sound mind and understanding
Non constat - It is not certain
Non decipitur qui scit se decipi - He is not deceived who knows that he is deceived.
Non definitur in jure quid sit conatus - What an attempt is, is not defined in law.
Non est arctius vinculum inter homines quam jusjurandum - There is no stronger link among men than an oath.
Non est factum - It is not his deed
Non est informatus - He is not informed.
Non facias malum ut inde veniat bonum - You shall not do evil that good may come of it.
Non jus, sed seisina, facit stipitem - Not right, but seisin makes a stock (from which the inheritance must descend).
Non refert quid notum sit judici si notum non sit in forma judicii - It matters not what is known to the judge if it is not known judicially.
Non sequitur - An inconsistent statement, it does not follow
Nullus commodum capere potest ex sua injuria propria - No one can derive an advantage from his own wrong.
Nullus recedat e curia cancellaria sine remedio - No one should depart from a Court of Chancery without a remedy.
O
Omne sacramentum debet esse de certa scientia - Every oath ought to be of certain knowledge.
Omnia delicta in aperto leviora sunt - All crimes (committed) in the open are (considered) lighter.
Omnia praesumuntur contra spoliatorem - All things are presumed against a wrongdoer.
Omnis innovatio plus novitate perturbat quam utilitate prodeat - Every innovation disturbs more by its novelty than it benefits by its utility.
Optima legum interpres est consuetudo - The best interpreter of laws is custom.
Optimus interpres rerum est usus - The best interpreter of things is usage.
P
Pacta privata juri publico non derogare possunt - Private contracts cannot derogate from public law.
Par delictum - Equal fault.
Pari passu - On an equal footing.
Partus sequitur ventrem - The offspring follows the mother.
Pater est quem nuptiae demonstrant - The father is he whom the marriage points out.
Peccata contra naturam sunt gravissima - Wrongs against nature are the most serious.
Pendente lite nihil innovetur - During litigation nothing should be changed.
Per curiam - In the opinion of the court.
Per minas - By means of menaces or threats.
Per quod - By reason of which.
Post mortem - After death.
Prima facie - On the face of it.
Prima impressionis - On first impression.
Pro hac vice - For this occasion.
Pro rata - In proportion.
Pro tanto - So far, to that extent.
Pro tempore - For the time being.
Publici juris - Of public right.
Q
Quaeitur - The question is raised.
Quantum - How much, an amount.
Qui facit per alium, facit per se - He who acts through another acts himself.
Qui haeret in litera, haeret in cortice - He who stices to the letter, sticks to the bark.
Qui in utero est, pro jam nato habetur, quoties de ejus commodo quaeritur - He who is in the womb is considered as already born as far as his benefit is considered.
Qui non habet potestatem alienandi, habet necessitatem retinendi - He who has not the power of alienating is under the necessity of retaining.
Qui non habet, ille non dat - He who has not, does not give.
Qui non improbat, approbat - He who does not disapprove, approves.
Qui non obstat quod obstare potest facere videtur - He who does not prevent what he is able to prevent, is considered as committing the thing.
Qui non prohibet quod prohibere potest assentire videtur - He who does not prohibit when he is able to prohibit, is in fault.
Qui peccat ebrius, luat sobrius - He who does wrong when drunk must be punished when sober.
Qui potest et debet vetare et non vetat jubet - He who is able and ought to forbit and does not, commands.
Qui prior est tempore potior est jure - He who is prior in time is stronger in right.
Qui sentit commodum, debet et sentire onus - He who derives a benefit ought also to bear a burden.
Qui tacet consentire videtur - He who is silent appears to consent.
Quid pro quo - Consideration. something for something.
Quidcquid plantatur solo, solo cedit - Whatever is planted in or affixed to the soil, belongs to the soil.
Quod ab initio non valet, in tractu temporis non convalescit - What is not valid in the beginning does not become valid by time.
Quod constat curiae opere testium non indiget - What appears to the Court needs not the help of witnesses.
Quod necessarie intelligitur, id non deest - What is necessarily understood is not wanting.
Quod necessitas cogit, defendit - What necessity forces it justifies.
Quod non apparet, non est - What does not appear, is not.
Quod non habet principium non habet finem - What has no beginning has no end.
Quod per me non possum, nec per alium - What I cannot do through myself, I cannot do through another.
Quod prius est verius est; et quod prius est tempore potius est jure - What is first is more true; and what is prior in time is stronger in law.
Quod vanum et inutile est, lex non requirit - The law does not require what is vain and useless.
Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba expressa fienda est - When there is no ambiguity in words, then no exposition contrary to the expressed words is to be made.
R
Ratio est legis anima, mutata legis ratione mutatur et lex - Reason is the soul of the law; when the reason of the law changes the law also is changed.
Re - In the matter of.
Reprobata pecunia leberat solventem - Money refused releases the debtor.
Res - Matter, affair, thing, circumstance.
Res gestae - Things done.
Res integra - A matter untouched (by decision).
Res inter alios acta alteri nocere non debet - Things done between strangers ought not to affect a third person, who is a stranger to the transaction.
Res judicata accipitur pro veritate - A thing adjudged is accepted for the truth.
Res nulis - Nobody s property.
Respondeat superior - Let the principal answer.
Rex est major singulis, minor universis - The King is greater than individuals, less than all the people.
Rex non debet judicare sed secundum legem - The King ought not to judge but according to the law.
Rex non potest peccare - The King can do no wrong.
Rex nunquma moritur - The King never dies.
Rex quod injustum est facere non potest - The King cannot do what is unjust.
S
Salus populi est suprema lex - The safety of the people is the supreme law.
Sciens - Knowingly.
Scienter - Knowingly.
Scire facias - That you cause to know.
Scribere est agere - To write is to act.
Se defendendo - In self defence.
Secus - The legal position is different, it is otherwise.
Semper praesumitur pro legitimatione puerorum - Everything is presumed in favor of the legitimacy of children.
Semper pro matriomonio praesumitur - It is always presumed in favor of marriage.
Sententia interlocutoria revocari potest, definitiva non potest - An interlocutory order can be revoked, a final order cannot be.
Servitia personalia sequuntur personam - Personal services follow the person.
Sic utere tuo ut alienum non laedas - So use your own as not to injure another s property.
Simplex commendatio non obligat - A simple recommendation does not bind.
Stare decisis - To stand by decisions (precedents).
Stet - Do not delete, let it stand.
Sub modo - Within limits.
Sub nomine - Under the name of.
Sub silentio - In silence.
Sublata causa, tollitur effectus - The cause being removed, the effect ceases.
Sublato fundamento, cadit opus - The foundation being removed, the structure falls.
Subsequens matrimonium tollit peccatum praecedens - A subsequent marriage removes the preceding wrong.
Suggestio falsi - The suggestion of something which is untrue.
Sui generis - Unique.
Summa ratio est quae pro religione facit - The highest reason is that which makes for religion, i.e.
religion dictates.
Suppressio veri - The suppression of the truth.
Suppressio veri expressio falsi - A suppression of truth is equivalent to an expression of falsehood.
T
Talis qualis - Such as it is.
Terra firma - Solid ground.
Testamenta latissimam interpretationem habere debent - Testaments ought to have the broadest interpretation.
Traditio loqui chartam facit - Delivery makes a deed speak.
Transit terra cum onere - The land passes with its burden.
U
Ubi eadem ratio ibi idem jus, et de similibus idem est judicium - When there is the same reason, then the law is the same, and the same judgment should be rendered as to similar things.
Ubi jus ibi remedium est - Where there is a right there is a remedy.
Ubi non est principalis, non potest esse accessorius - Where there is no principal, there can be no accessory.
Ubi nullum matrimonium, ibi nulla dos es - Where there is no marriage, there is no dower.
Ultima voluntas testatoris est perimplenda secundum veram intentionem suam - The last will of a testator is to be fulfilled according to his true intentio.
Ut poena ad paucos, metus ad omnes, perveniat - That punishment may come to a few, the fear of it should affect all.
Utile per inutile non vitiatur - What is useful is not vitiated by the useless.
V
Verba chartarum fortius accipiuntur contra preferentem - The words of deeds are accepted more strongly against the person offering them.
Verba debent intelligi cum effectu - Words ought to be understood with effect.
Verba intentioni, non e contra, debent inservire - Words ought to serve the intention, not the reverse.
Verbatim - Word by word, exactly.
Vi et armis - With the force and arms.
Via antiqua via est tuta - The old way is the safe way.
Vice versa - The other way around.
Vide - See.
Vigilantibus non dormientibus jura subveniunt - The laws serve the vigilant, not those who sleep.
Vir et uxor consentur in lege una persona - A husband and wife are regarded in law as one person.
Visitationem commendamus - We recommend a visitation.
Volens - Willing.
Volenti non fit injuria - An injury is not done to one consenting to it.
Voluntas in delictis non exitus spectatur - In offences the intent and not the result is looked at.
Voluntas reputatur pro facto - The will is taken for the deed.
Areas of Law Practice
Administrative Law
Administrative law refers to the branch of law that
oversees the creation and the operations of
administrative agencies. The importance of this branch
of law is the powers that are granted to the
administrative agencies and the legal relationships
between the agencies with other agencies, government
bodies, and the public in general. According to Stephen
Breyer, a U.S. Supreme Court Justice, there are six
periods of administrative law beginning before 1875.
Advertising Law
Commercial television started in 1955 and during this
time legislation controlled what advertisers could and
could not say. All businesses today have to comply with
advertising laws. The purpose of these laws is to ensure
that companies do not make false claims about the
product or service that is being offered. Product labeling
and the advertisement of specific products are regulated
under advertising laws.
Antitrust Law
The purpose of antitrust law is to make sure that
businesses are competing fairly. There are four main
areas that antitrust laws focus on including; competitor
agreements, contract arrangements between buyers and
sellers, mergers, and the pursuit of monopoly power.
The basis of antitrust law is the Sherman Anti-Trust Act
of 1890.
Appellate Practice
Appellate practice refers to the branch of the law that
allows reviews of judgments made in trial courts. The
appellate court will review the judgment made in the
previous court and correct errors that may have been
committed, develop the laws, and help maintain
uniformity throughout the court system. There are
different arguments that can be made on appeal than
those made during a trial. Some legal practices
specialize in appeals.
Banking Law
Banking laws in the United States come from both the
federal and state levels. This makes American banking
quite complex. The first of these laws were the National
Currency and Bank Acts which provided chartering for
national banks by the United States Comptroller of
currency and provided a national issued currency. These
acts were enacted in 1863/64.
Bankruptcy Law
Bankruptcy laws focus on helping individuals solve and
repay their debts after they have suffered heavy losses.
In the United States there were bankruptcy laws as early
as 1800. However, the first voluntary bankruptcy laws
were allowed through the Acts of 1841 and in 1867.
These laws along with the Bankruptcy Act in 1898 also
called the Nelson Act are what our modern
debtor/creditor relation system are based on.
Biotechnology Law
Biotechnology law is a relatively new field of legal
practice as it has only been around since about 1970.
Lawyers that practice in this area often will be involved in
a biotechnology project from the beginning, throughout
the development process, marketing, and bringing the
idea to fruition. Biotechnology law includes several
aspects such as contract, tax, real property, corporation,
and intellectual property.
Business Law
Business law is sometimes called mercantile law or
commercial law and refers to the laws that govern the
dealings between people and commercial matters. There
are two distinct areas of business law; regulation of
commercial entities through laws of partnership,
company, bankruptcy, and agency and the second is
regulation of the commercial transactions through the
laws of contract. The history of these types of laws dates
back several centuries and can be seen in the peace-
guilds where members would pledge to stand by each
other for protection.
Business Organizations Law
Business organizations law is also referred to as
company’s law and is the field of law that deals with
organizations and companies, including partnerships,
corporations, and other types of associations that have
some type of charitable or economic activity. This type of
law stems from England’s common laws, but since the
20th century has evolved.
Class Action Litigation/Mass Tort Litigation
Class action lawsuits and mass tort litigation occur when
there is a group of people that have been adversely
affected by a product that is defective or if services
provided are found to be scandalous. There are several
famous class action law suits that have taken place
through the years including the suit against Exxon Mobil
in 2001 involving the oil spill that affected thousands of
people along the coastline and the Enron suit that was
settled for $7.2 billion in 2006 that involved the investors
of the company.
Communications Law
The FCC or Federal Communications Commission was
created in 1934. The goal of the 1934 Communications
Act was to create an independent agency that would
oversee communications. This includes radio, television,
etc. The FCC establishes guidelines that govern what
can and cannot be used during broadcasts.
Communications law also deals with the use of
telephones and more recently the internet.
Computer Law
It is extremely difficult to put a date on when computer
law became a field of study as it is hard to determine
when the “modern” computer industry started. When
considering the computer law field as a whole there is no
written records of development in this area until the year
1960 when the first legal article was published about
computer law.
Constitutional Law
Constitutional law is considered to be the fundamental
base of all laws in general. Constitutional laws define the
relationship between the different entities of the state.
There are three parts of the legal system, the executive,
legislature, and judicial. These branches are defined
under constitutional laws. The main purpose of
constitutional laws is to protect human rights.
Construction Law
Construction law just may be one of the oldest forms of
law on record. The earliest signs of construction law are
found in Hammurabi’s Code. Hammurabi ruled Babylon
from the year 1792 BC through 1750 BC. His code
contained 282 laws that were inscribed on 12 tablets that
were placed in view of the public. There were several
laws that pertained to building including “if a builder
builds a house for a person that is not properly
constructed and the house falls in and kills the house’s
owner, the builder will be sentenced to death.
Consumer Law
Before the year 1965 there was not a lot of help
available for consumers. Garland Dempsey is given
credit for being one of the first individuals to consider the
idea of consumer laws. Dempsey helped his neighbors,
Mr. and Mrs. Henry Outlaw, file a complaint against a
finance company for swindling. The Outlaw’s received a
refund from the company in the amount of $787 and the
case got national attention.
Contract Law
It is assumed that the development of contract law was
completed during the 16th century when judges from
England declared that a promise will maintain an action
in the case. However, it has been argued that what is
now considered to be modern contract law was
fundamentally developed in the 19th century when in
both America and England the way contractual
obligations were viewed were criticized.
Copyright Law
Under the constitution Congress is given the power to
create laws that establish a system of copyright within
the United States. The first federal copyright law was
enacted by Congress in May of 1790. Within two weeks
the first work was registered. The main purpose of
copyright law is to protect the works of authors of all
types.
Corporate Law
Corporate law in the United States was restrictive and
regulated closely by the states during the mid-1800s. At
that time in order to form a corporation an act of
legislation was often required. State governments
started to see how economical it would be to have
corporate laws that were more permissive. The first state
to adopt more lenient corporate laws was New Jersey,
with Delaware soon following.
Criminal Law
Civil law deals with disputes between private parties
such as a contract disagreement, criminal law deals with
cases that are started by the federal or state government
against a person or persons who have hurt another
individual or the public in general in some way. The first
example of a set of criminal laws comes from the
Sumerian’s and was created around 2100 to 2050 BC.
Cryptography Law
In the U.S. information and policy regarding
cryptography were a part of the NSA (National Security
Agency) through the 1970s. There was also a smaller
market for commercial cryptography that was
unclassified. Throughout the years there has been a
number of legal issues raised involving cryptology.
Currently the EFF (Electronic Frontier Foundation) is
involved in a legal case in the Supreme Court that may
determine whether or not suspected criminals will have
to provide encryption keys to law officials.
Cultural Property Law
Cultural property law protects items that are culturally
significant such as historically significant properties,
artifacts, artwork, and any other intangible cultural
property. This property can be anything that has a
special significance to a group of persons. The Roerich
Pact in 1935 and the Hague Convention for protection of
cultural property from 1954 are two of the major treaties
that dealt with cultural heritage issues during armed
conflicts.
Cyber Law
Cyber law is a relatively new area of the law. Internet law
courses are offered through most law schools and focus
on the questions of constitutional and civil laws that are
implicated by the internet. One of the core areas of cyber
law is intellectual property or copyright laws. Another
area that is considered is the First Amendment, which
deals with the right to free speech.
Defamation Law
Defamation is the area of the law that protects a
person’s reputation. This area of the law becomes a bit
difficult in some cases as defamation cannot be claimed
if the statements that have been made are considered to
be a matter of opinion. The internet has made
defamation law front and center once again.
Derivatives and Futures Law
Derivatives and futures law deals with the regulation of
derivative markets including futures and swaps. This
area of the law deals mainly with finance and those that
are interested in entering this field should consider
taking finance courses when obtaining their law degree.
Derivative business is always changing and because of
this so are the laws that deal with this form of business.
Employment Law
Employment is also referred to as labor law and helps
create safer workplace environments. Some of the
employment laws that are currently in place include the
federal minimum wage requirements, the eight hour
work day, and required lunch and other breaks during
the work day. NLRA was passed in 1935 and this act
allowed workers the right to bargain collectively.
Energy law
During the 1930s the federal government began to
intervene in the energy markets. This intervention
continued through the 1970s and a series of major
executive actions and laws were created as a way to
regulate the gas and electric utility companies and to
help control energy prices. During the late 1970s and
early 80s, the government started to free the energy
markets from these regulations to help benefit the
economy.
Environmental Law
In the United States the environmental movement did
not really begin until the 1970s. It was determined at this
time that action was necessary to reverse the serious
damage to the land, water, and air that had been done.
Environmental problems have now become so large that
the UN has implemented programs to help prevent
pollution.
Family Law
Family law is the branch of the law that deals with issues
that involve families such as adoption, child custody and
divorce. One important date in the history of family law is
in 1851. It was during this year that Massachusetts
enacted an adoption law that gave children that were
adopted a similar status as children that were born to the
parents naturally.
FDA Law
The FDA is the oldest consumer protection agency in the
United States federal government. The beginning of this
office can be traced back to about 1848 when Lewis
Beck was appointed to perform a chemical analysis of
certain agricultural products. The FDA received its
current name in 1930, but the functions of the office
started in 1906 with the Pure Food and Drug Act was
approved.
Financial Services Regulation Law
For a large part of the history of the United States
financial markets were not extremely regulated.
Financial manipulation and speculation caused a
problematic pattern of highs and lows. From 1792
through 1929 there were devastating financial crises
occurring regularly. The Great Depression of 1929 saw
strong regulatory reforms put into place and because of
these regulations there was not another financial crisis
for nearly 80 years. The most recent crisis occurred in
2008.
Firearm Laws
Americans are given the right to bear arms in the United
States Constitution. With this right there are many
firearms laws that have been put in place. At the local,
state, and federal level there are over 20,000 gun laws in
place. However, the problem with these laws is that the
possession and sale of guns is not regulated.
Food Law
Food law is governed by the Food and Drug
Administration or FDA. It can be dated back to 1862
when a chemist was appointed by President Lincoln to
serve within the Department of Agriculture. The FDA has
grown over the years and is in charge of making sure
that any food or drug that is sold in the United States is
safe for consumption.
Franchise Law
Franchise laws are in place to regulate the relationship
between the franchisor and the franchisee. The first laws
of this kind were established during the 1970s. The
Federal Trade Commission rule was the first substantial
legislation of this type and became effective in the year
1979. The FTC rule requires disclosures to be made
before the sale and during the start of the franchise
process.
Gaming Law
Throughout history the United States has had some
forms of legal gambling and tolerated illegal gambling.
Tolerance of gambling can change quickly and there
have been backlashes caused by political interests and
scandals throughout the years that have led to
prohibition or regulations. There have been differing
attitudes towards gambling since the United States was
settled, starting with the English and the Puritans who
had different beliefs and traditions regarding gaming.
Health Law
Health law refers to the local, state, and federal laws that
cover payers, vendors, and providers in the health care
industry. There are several areas that are covered by
health law including public health laws, consent,
administrative law, medical law, medical malpractice,
and contract law.
Health and Safety Law
The purpose of health and safety laws is to protect the
welfare, health, and safety of the public in general. Some
sections of the population such as employees are
protected under the health and safety laws that have
been put in place. Typically, a civil law system is in place
that will cover most health and safety laws.
Health Care Law
In the United States health care laws had remained
pretty much the same for many years until the Affordable
Care Act was passed. The Affordable Care Act offers
reform to the current health care laws that are in place
and provides individuals with new options for coverage,
consumer protection, and offers the citizens of the
country the chance to make better and more informed
choices about their health.
Immigration Law
Immigration laws are put in place by a national
government as a way to control immigration into the
country. This branch of the law determines the legal
status of individuals that are in the country. Throughout
history the immigration laws of the United States have
progressed unevenly. In 1790 the Naturalization Act was
passed as a way to naturalize foreigners that were in the
country. In 1924, the Immigration Act limited how many
immigrants were allowed to enter the United States.
Insurance Law
Insurance companies generally are required to follow the
same regulations as other types of businesses. In the
United States regulation of insurance companies started
during the 1940s by rulings made by the Supreme Court.
In 1944, the court determined that insurance policies
were commercial and for that reason could be regulated
in the same way as contracts.
Intellectual Property Law
Owners of property in the United States are provided
with certain protections and rights. Property can be
protected through the use of patents, copyright laws, and
trademarks. Intellectual property is often protected
through copyright laws. The internet has brought forth
many new issues when it comes to protecting intellectual
property.
International Law
International law refers to the area of the law that deals
with legal agreements between two or more countries
including treaties. There are many issues that arise
when considering international laws including whether or
not a person that conducts an act that is illegal in the
United States, but is legal in the country that they are
visiting can be punished in the U.S. One example of this
is when an American citizen visits Denmark and smokes
pot.
International Trade and Finance Law
In the past there were few people that would have to
consider international trades and finance law. However,
the global market place has created a need for
understanding the rules of international trade.
International trade laws are even more important now
and for this reason the laws are being studied in many
colleges and universities around the world.
Internet Law
The internet has created a whole new area of the law
because of the unique way it is structured. There are
many judicial concerns when it comes to use of the
internet. The internet is not bound by geography and for
this reason national laws cannot be applied. This area of
the law is still being researched and more fully
developed.
Labor Law
Labor law is also referred to as employment law. The
purpose of these laws is to offer protection to both
employees and employers. This area of the law stems
from the demands made by workers for better conditions
as well as the right to work without joining a union or the
right to organize.
Land Use & Zoning Law
Land use and zoning laws have been put in place as a
way to protect resources of a community while guiding
new development in the area. These laws can be made
by local, state, and the federal government. Most often
the local laws will govern what can and cannot be built in
certain areas of a community.
Maritime Law
Maritime Law is often called admiralty law and is the
branch of the law that covers shipping or any activities
that take place in waters that are navigable. This
includes treaties and other international agreements. In
the United States the federal courts have jurisdiction
over this branch of the law. History has shown that the
ancient Egyptians engaged in wide scale shipping, but
there is no trace of laws that regulated the activity. The
first signs of maritime law come from the Rhodes.
Martial Law
Martial law is extremely rare and involves using the
military to enforce laws. There has only been one time in
the history of the United States where martial law was
implemented and that was during the Civil War. During
WWII martial law was implemented on a regional level.
This is the only time that it occurred at this level as well.
Media Law
Media law is a rather broad field that covers information
technology, entertainment, advertising, copyright,
defamation, broadcasting, telecommunications,
contempt, confidentiality, as well as several other areas.
Media law increased in popularity with the widespread
popularity of media sources.
Mergers & Acquisitions Law
A merger or an acquisition refers to the combining of two
businesses into one. The company that is less important
is now part of the bigger or more important company.
The merger gets rid of the old company. Mergers and
acquisitions are governed by both state and federal
regulations. Federal law is fairly free when it comes to
allowing the acquisition or selling of companies.
Military Law
The Uniform Code of Military Justice is the backbone of
the legal system of the military. This code applies to all
of the branches of the military. When a person enlists in
the military they are governed by this set of laws. The
military has its own court system that is used for dealing
with any issues that may arise.
Mining Law
In 1872 the General Mining Law was enacted. This law
provides that a mining claimant that is successful has
the right to a patent if they meet certain statutory
requirements. There are 12 BLM offices where
individuals may make their claimant to mine the land.
The applicant must wait to be approved before
continuing their exploration.
Juvenile Law
Juvenile law is the branch of the law that deals with
individuals that are not yet adults. The age is typically 18
for most states, but in some states the age is 16 or 17. It
was not until the 19th century that juvenile laws were
created up to that point any child older than the age of
seven was tried as an adult if they committed any type of
illegal act.
Music Law
Music law is generally covered under entertainment law.
This area of the law is not an academic term, but is one
that is used by the music industry. Music law covers
such things as image publicity rights, competition laws,
copyright laws, and intellectual property laws. As music
is a form of intellectual property it is protected through
these laws.
Mutual Funds Law
Mutual funds are a form of investment where the
shareholders combine money in order to invest in
several stocks, money market investments, and bonds
as opposed to just purchasing stock in one company.
Mutual funds are regulated through investment laws.
Nationality Law
The United States Congress is given the power to
establish rules for naturalization by the United States
Constitution. Nationality law is the area of the law that
covers citizenship and nationality and how status as a
citizen may be acquired or even lost. As of October,
2008 a new naturalization test has been introduced.
Applicants are tested on their knowledge of the English
language as well as the American society.
Native American Law
Native American law is the area of law that covers
American Indian tribes and their interactions with state
and federal authorities. Throughout history this area of
the law has been influenced and shaped by federal
Native American policies. Most tribes are considered to
be independent entities that are self-governing.
Obscenity Law
Obscenity laws deal with the regulation and suppression
of things that are considered to be obscene.
Pornography is one of the main subjects of obscenity
laws in the United States. Most states in America have
prohibited the distribution and sale of obscene materials
since the early part of the 1900s. The Comstock Act in
1873 made distribution and sale of obscene materials
against federal law.
Oil & Gas Law
There are many laws pertaining to oil and gas.
Ownership of parcels of land where oil and gas are
found may be owned by Indian tribes, individual’s
corporations, or by a local, state, or the federal
government. Many of the oil and gas laws are a part of
property and contract law. In Wyoming and Texas the
bar examination includes questions regarding oil and
gas laws.
Parliamentary Law
Parliamentary law refers to the set of customs, ethics,
and rules that govern the operations of clubs and
meetings. The term comes from the Parliamentary
government system and dates back to the 16th century
with rules from early British Parliaments. Sir Thomas
Smith wrote a book about some of the House of
Commons procedures during the 1560s.
Patent Law
A patent gives an individual or a group the right to
exclude anyone else from using, making, selling, or
exporting a specific product, service, or type of
intellectual property. The patent term is 20 years from
the earliest filing date. Patent laws are quite complex
and there are specific guidelines regarding what can be
patented.
Poverty Law
Poverty law covers the rights of low income families and
individuals providing them with access to benefits from
the government. The federal and the state governments
of the United States provide these benefits to those in
need. Federal programs include welfare, Medicaid, and
SNAP. Many states have health care programs and food
and nutrition programs available for those falling below a
certain income level.
Privacy Law
The Bill of Rights does not provide a right to privacy and
the idea of these laws was first addressed legally in
1890 by Samuel D. Warren and Luis Brandeis. They
published an article in the Harvard Law Review titled
“The Right to Privacy.” The young lawyers argued that
common law and the constitution allowed for a general
right to privacy.
Private Equity Law
Private equity law covers private equity firms that pool
investments of pension funds and other large investors
to purchase assets and other companies. A private
equity lawyer will help form the funds and help negotiate
the terms of the contracts. The private equity industry in
the United States began around 1946 when two venture
capital firms were founded.
Private Funds Law / Hedge Funds Law
Private funds and hedge funds are investment funds that
are a part of a diverse market range. In the United
States only accredited investors are allowed to
participate in Hedge Funds. The term hedge fund is
credited to Alfred W. Jones, a financial journalist who
first used the phrase “hedged fund” in 1949.
Procedural Law
Procedural law is also called adjective law and defines
the rules that determine how a court will hear a case and
determines what will happen in different types of
proceedings such as administrative, criminal, or civil
lawsuits. Many of the procedural laws that are used in
court systems throughout Europe and the United States
come from Roman traditions.
Product Liability Litigation
Product liability laws hold retailers, suppliers,
distributors, and manufacturers responsible for any
injuries that are caused by their products. Typically
product liability litigation is limited to tangible personal
property. Most often litigation stems from a design or
manufacturing defect or a failure to warn the public
about possible injuries.
Property Law
Property law covers both personal property and real
property. Many of the laws that are associated with
property law come from English Common Law. Many of
these concepts have been made into statutes that define
the different types and rights of ownership regarding
both personal and real property.
Public Health Law
Law plays an important role in the public health care
system. A public health official has many responsibilities
and legal rights when protecting and promoting their
community’s health. There are three areas associated
with public health law, law of populations, prevention of
disease and injury, and police power.
Railroad Law
Railroad laws encompass all areas that are related to
railroad services. Most often the cases regarding railroad
laws will be wrongful death litigation by employees,
passengers, or non-passengers, or personal injury
cases. Another issue that arises is workers
compensation for when railroad employees are injured
while working.
Real Estate Law
Owning real estate is one of the most valuable assets a
person can have. Most of the real estate laws that are in
place in the United States began through the process of
colonization. There are many laws that govern the
valuable asset of land. Throughout history people have
fought for the ownership of land.
Securities Law / Capital Markets Law
Throughout the years there have been several major
statutes regarding securities in the United States. In
1933, the Securities Act was passed as a way for the
federal government to regulate the sale of securities.
Until this Act was passed the states were the sole
regulators for securities.
Social Security Disability Law
Social Security disability laws provide assistance to
individuals with disabilities. Benefits provided under
these laws include insurance that will pay benefits to
both the disabled individual and their family as long as
you have paid enough in social security through work.
Supplemental security income is provided based on
financial needs.
Space Law
Space law covers both national and international laws
regarding outer space. This area of the law first became
an issue when the Soviet Union launched their first
artificial satellite in 1957. Since that time the area of
space law has evolved and become even more
important as man has started to rely on resources from
space.
Sports Law
Both professional and amateur athletes are covered
through sports law. It was only a few decades ago that
this area of the law was created as a separate entity.
The main reason for this is because of the increased
scrutiny of sports laws by the media as well as the rise in
the number of players with agents.
Statutory Law
Statutory law is written and set by a legislative act.
Statutes can originate with a local municipality or with
the state or national legislatures. Statutory laws are
defining laws that fall under the higher constitutional
laws of the country. There are statutes that exist within
each branch of the government.
Tax Law
Tax law covers regulatory, common-law, constitutional,
and statutory rules that are applicable to taxation. Before
1776, the colonies in America were subject to taxes
charged by the United Kingdom. Under the Articles of
Confederation the federal government was not allowed
to tax with all of the power belonging to the states.
Technology Law
Technology law is complicated as technology is forever
changing. Along with new technological advances new
laws are created to help control issues that may arise.
The internet has been one of the main advances in
technology where laws have had trouble keeping up.
There are many areas of technology law including
information, internet, and civil liberties including the right
to free speech.
Timber Law
Timber laws cover all aspects of the timber industry. This
includes trespass actions, warranty issues, contract
matters, taxation, and succession planning for
timberland. Many of the laws that govern timber and its
use are made by the states. There are some federal
regulations regarding the use of timber as well.
Tort Law
Tort law is somewhat general and covers almost every
aspect of life in America. Tort law provides economic
relief for businesses that are harmed through deceptive
and unfair trade practices. In the work place this area of
the law protects employees from emotional distress. This
area of the law also provides regulations regarding
issues with the environment.
Trademark Law
Trademarks are symbols that mark a product to show
that it comes from a particular source. Some of the
earliest trademarks can be dated back to the Roman
Empire when blacksmiths would use a trademark to
show that they had made a particular sword. Samson is
the first company in the United States that used a
trademark.
Transport Law / Transportation Law
Transportation law is a broad area of the law that deals
with transport systems. Some examples of transportation
laws include the requirement to have insurance on your
vehicle. These insurance requirements are state laws
and they vary from state to state. There are also federal
regulations regarding the transport of certain materials.
Trusts & Estates Law
A trust is the right of property either personal or real that
is held by one party in order to benefit another. The idea
of trusts can be dated back to the early part of the 1500s
when landowners in England found that conveying the
legal title for their land to a third party and still retaining
the benefits of owning the land was advantageous as
wealth was generally measured by the amount of land
that was owned and thus this made them immune from
creditors.
Venture Capital Law
Venture capital is an investment strategy with a high risk.
This type of investment is often used to fund a startup
company that has a potential for growth. In 2000, the
government created the Markets Venture Capital
Program Act. This law allows the SBA to make
regulations that are necessary to implement a venture
capital program.
