法律英语中的拉丁语词汇 Latin Words in Legal English

法律英语中的拉丁语词汇Latin Words in Legal English

ab initio （自始，例：void ab initio 自始无效）from the beginning

ad hoc （特别；特定；为某一目的特设，例：ah hoc committee 特设委员会；临时委员会；专门委员会）for this purpose

ad litem （专为某一诉讼目的；例：agent ad litem诉讼代理人）for the lawsuit

a fortiori（更加，更不必说） according to Webster: "with greater reason or more convincing force -- used in drawing a conclusion that is inferred to be even more certain than another." Example: If it is a violation of the sending state's rights to arrest its consular official, then a fortiori it would be a violation to arrest its ambassador.

a posteriori（经验的；归纳的；后验的） from effect to cause; from particular to general; inductive (based on observation or experience).

a priori（先验的；演绎的） from cause to effect; from generalization to particular; deductive; presupposed by or reasoning from self-evident propositions (based on theory rather than practice).

amicus curiae（法庭之友） "friend of the court"; a person with a strong interest in or views on the subject matter of a given legal action may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest. Example: NPC of Iran v. M/T Stolt Sheaf case

contra legem（违反法律） "against the law" (term used to describe an equitable decision of a court or tribunal that is contrary to the law governing the controversy. Such a decision would not normally be permitted unless the tribunal had been empowered to act ex aequo et bono). As opposed to intra legem.

de facto（事实；事实上） in fact (as opposed to in law, de jure)

de lege ferenda（根据拟议法） what the law ought to be (as opposed to what the law is, lex lata).

de lege lata（根据现行法）what the law is (as opposed to what the law ought to be, de lege ferenda).

de jure（法理上；法律上） in law (as opposed to in fact, de facto).

dolus specialis （特殊目的）special intent. In international humanitarian law, genocide is considered unique because of the special intent to destroy in whole or in part, a national, ethnic, racial or religious group.

erga omnes（对所有国家；普遍适用；对国际社会整体。例：obligation erga omnes 对国际社会整体的义务；对世义务）"toward all" wrongful acts that harm everyone and not simply one injured party)

ex aequo et bono （根据公允及善意原则；本着公平与正义的精神） a judgment based on considerations of fairness, not on considerations of existing law. Such a judgment is rendered "beside" or "against the law" (praeter legem or contra legem), not within the law (infra legem or intra legem). Example: Article 38(2) of the I.C.J. Statute permits the Court to render a judgment on these grounds

ex proprio motu（出于自愿的；出自本意的） on its own accord.

ex proprio vigore（由于本身的力量）by its own strength / of its own force. A law or a treaty may be binding ex proprio vigore, or on its own. If an international law is not binding ex proprio vigore in domestic law, then legislative action is needed. A treaty that requires domestic legislation is referred to as a non-self-executing treaty.

forum conveniens （便利法庭；合适的裁判地）convenient forum. The court is convenient to hear a case and has jurisdiction. The doctrine of forum non conveniens ("inconvenient forum") allows a court to refurse to adjudicate a case on grounds of inconvenience.

forum non conveniens（不便利法庭；非方便裁判地） inconvenient forum.

in pari delicto（同等过错；互有过失）equally wrong. One party is as much at fault as the opposing party.

in pari materia（以相同方式）on like subject matter; same manner. typically used in regards to statutes which relate the same thing or person.

in personam （对人）against the person. Jurisdiction over the person of an individual.

in rem （对物）“in a thing”. In a lawsuit, an action in re m is directed towards some specific piece of property,

in statu nascendi （在新生状态/初始状态/原初状态中）in its original form / in birth status / being just born. Under international law, this term generally is used to refer to a nascent state or a political entity seeking recognition of statehood. It also is used to refer to emergent laws, rules, or principles of customary international law.

inter alia （在其他事项外；此外） among other things.