Definitions of Latin Words Used in the JLM - Columbia Law School

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LEGAL DISCLAIMER A Jailhouse Lawyer’s Manual is written and updated by members of the Columbia Human Rights Law Review. The law prohibits us from providing any legal advice to prisoners. This information is not intended as legal advice or representation nor should you consider or rely upon it as such. Neither the JLM nor any information contained herein is intended to or shall constitute a contract between the JLM and any reader, and the JLM does not guarantee the accuracy of the information contained herein. Additionally, your use of the JLM should not be construed as creating an attorney-client relationship with the JLM staff or anyone at Columbia Law School. Finally, while we have attempted to provide information that is up-to-date and useful, because the law changes frequently, we cannot guarantee that all information is current.
APPENDIX VI DEFINITIONS OF LATIN 1 WORDS USED IN THE JLM * Actus reus: The wrongful act or omission that is the physical component of a crime. This is one of the necessary elements of a crime in criminal law. Actus reus is the direct action used to commit a crime (compared with mens rea, which relates to the mental state of the accused and his criminal intent). Amicus curiae: Latin for “friend of the court,” an amicus curiae is someone who is not a party to the litigation, but who believes that the court’s decision may affect his interest, and may therefore volunteer to offer information to assist a court in deciding a matter before it. This information is often provided in a legal opinion in the form of a brief (known as an amicus brief). The court has the discretion to decide whether or not to admit this information. Certiorari, Writ of (cert.): An order by an appellate (higher) court declaring that it will review the decision of a lower court on appeal. “Certiorari granted” means that the appellate court decided to approve a petition for certiorari and review the trial court’s decision. “Certiorari denied” means that the appellate court decided not to approve a petition for certiorari and, thus, not to review the lower court’s decision. Some courts, such as those in New York, simply call certiorari “leave to appeal.” Coram nobis (writ of coram nobis): An order for a court to review its own earlier decision because of possible errors that were not obvious when the decision was made. These writs are usually used when no other remedy, such as direct appeal or habeas corpus is available, for instance when a prisoner has already been convicted and completely served his prison sentence. Coram non judice: A legal term that is used to indicate a legal proceeding held without a judge, with improper venue, or without jurisdiction (meaning “not in the presence of a judge”). Corpus delicti: The fact of a crime having been actually committed. Latin for the “body of evidence,” corpus delicti refers to the principle that there must be proof that a crime has taken place before a person can be convicted of committing that crime. For example, in a murder case, this can refer to the actual body of the victim or circumstantial evidence that prove death beyond a reasonable doubt. De facto: An action occurring in practice but which is not necessarily established by law. De facto is commonly used in contrast to de jure: When discussing a legal situation, de jure refers to what the law itself states, while de facto refers to what actually happens in practice. De jure: An action or regulation that is formally established by law. It is commonly used in contrast to de facto: When discussing a legal situation, de jure refers to what the law says, while de facto refers to what actually happens in practice. De minimis: De minimis is a Latin phrase describing things that are insignificant or small. If something is de minimis, it is ignored by the law and the courts for lack of importance. For example, a driver experiences a de minimis injury if his car is only slightly bumped by another car, and he will not be successful if he tries to sue the person who bumped him for assault. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 1 Latin phrases are italicized in legal writing. Therefore, if you submit any motions, briefs, complaints, etc. to the court, you should italicize any Latin phrases that you use. * Words that are defined elsewhere in this Appendix are printed in italics.
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Definitions of Latin Words Used in the JLM - Columbia Law School

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