17.4 Latin Terminology II: Doctrine, Evidence & Criminal Law
Key Takeaways
Prima facie means "at first sight": evidence sufficient to establish a fact unless rebutted.
Res judicata (claim preclusion) bars relitigating a claim decided by a final judgment on the merits; stare decisis is the doctrine of following precedent.
Mens rea is the guilty mind (criminal intent) and actus reus the guilty act; most crimes require both.
Nolo contendere (no contest) accepts punishment without admitting guilt and, under FRCrP 11(a)(1), requires the court's consent.
Res ipsa loquitur ("the thing speaks for itself") lets negligence be inferred from the nature of an accident.
This section completes blueprint topic 50201. These terms appear in motion arguments, jury instructions and expert testimony.
Doctrines about decisions and cases
| Term | Literal meaning | Legal meaning |
|---|---|---|
| stare decisis | to stand by things decided | Courts follow precedent (Chapter 16) |
| res judicata | a matter judged | Claim preclusion: a final judgment on the merits bars relitigating the same claim between the same parties |
| collateral estoppel | (English term) | Issue preclusion: an issue actually decided cannot be relitigated. Not Latin, but always heard alongside res judicata |
| obiter dictum (dicta) | said in passing | Remarks in an opinion that are not binding |
| ratio decidendi | the reason for deciding | The binding rule of a case |
| arguendo | for the sake of argument | "Assuming arguendo that the contract was valid..." |
Evidence and proof
| Term | Meaning |
|---|---|
| prima facie | "At first sight": enough evidence to establish a fact or case unless rebutted. Heard as "a prima facie case" |
| res ipsa loquitur | "The thing speaks for itself": negligence may be inferred when an accident would not ordinarily happen without negligence and the defendant controlled the instrument |
| onus probandi | The burden of proof |
| in pari delicto | "In equal fault": a party equally at fault cannot recover |
| affidavit | (from Medieval Latin) a written statement sworn before an officer; the affiant is the person who signs it |
Criminal law
| Term | Meaning |
|---|---|
| mens rea | "Guilty mind": the required mental state (intent, knowledge, recklessness) |
| actus reus | "Guilty act": the physical act or omission |
| corpus delicti | "Body of the crime": proof that a crime occurred, needed before a confession alone can support conviction |
| nolo contendere | "I do not wish to contend": a no-contest plea; in federal court it requires the court's consent (FRCrP 11(a)(1)) |
| alibi | "Elsewhere": the defense that the accused was somewhere else |
| ex post facto | "After the fact": a law punishing conduct retroactively, barred by the Constitution |
| habeas corpus | Challenge to unlawful detention (Section 17.3) |
| modus operandi (M.O.) | A characteristic method of committing crimes |
Civil liability and contracts
| Term | Meaning |
|---|---|
| respondeat superior | "Let the master answer": an employer is liable for an employee's acts within the scope of employment |
| quantum meruit | "As much as he deserved": payment for the reasonable value of services when there is no enforceable contract |
| quid pro quo | "Something for something": an exchange; also a form of sexual harassment |
| bona fide / mala fide | In good faith / in bad faith |
| caveat emptor | "Let the buyer beware" |
| ultra vires | "Beyond the powers" of a corporation or official |
| force majeure | (French) an unforeseeable event excusing performance, heard in contract cases |
Everyday Latin in testimony
| Term | Meaning |
|---|---|
| per se | "By itself," inherently: "negligence per se" |
| de facto / de jure | In fact / by law |
| ab initio | From the beginning: "void ab initio" |
| ad hoc | For this purpose only |
| status quo | The existing state of affairs |
| ipso facto | By that very fact |
| inter alia | Among other things |
| vice versa | The other way around |
| per annum / per diem | Per year / per day |
| pro rata | Proportionally |
| non compos mentis | Not of sound mind |
Spelling and hearing traps
| Error | Correct |
|---|---|
| prima facia | prima facie |
| res judicada, res adjudicata | res judicata (res adjudicata is a recognized variant, but res judicata is standard) |
| mens ria | mens rea |
| respondent superior | respondeat superior |
| quantum merit | quantum meruit |
| nolo contendre | nolo contendere |
| bonafide (one word) as a noun phrase | bona fide |
| ex post facto spelled expost facto | ex post facto |
| per say | per se |
Using context
Many Latin terms come in predictable pairs and settings:
- A motion to dismiss argument often includes res judicata, collateral estoppel, stare decisis.
- Jury instructions in criminal cases include mens rea concepts ("knowingly," "willfully") even if the Latin itself is not spoken.
- Negligence arguments bring res ipsa loquitur, respondeat superior, per se.
- A plea hearing may include nolo contendere.
When you hear "prima" before "case" or "showing," it is prima facie. When you hear "res" before a word like "judicata" or "ipsa," check the full phrase.
Latin in an argument
MS. PATEL: Your Honor, the plaintiff has made a prima
facie showing of negligence. The forklift was under the
defendant's exclusive control, and this kind of accident doesn't
happen without negligence. That's res ipsa loquitur. And
under respondeat superior, the company is liable for its
driver's conduct.
MR. GRANT: The claim is barred by res judicata, Your
Honor. The same claim was decided in the state action, and
that judgment was on the merits.
Each term carries its own meaning in the argument: prima facie (enough to establish the claim unless rebutted), res ipsa loquitur (negligence inferred from the accident itself), respondeat superior (employer liability) and res judicata (claim preclusion). A transcriber who knows these can hear them through fast delivery. Note the punctuation: Latin phrases take no italics and no special punctuation; they sit in the sentence like any other words.
Practice
Choose the term that fits:
| Situation | Term |
|---|---|
| A law that makes past conduct a crime after the fact | ex post facto |
| A contract signed by a corporation outside its legal powers | ultra vires |
| A defendant pleads no contest | nolo contendere |
| A plumber recovers the reasonable value of work done without a valid contract | quantum meruit |
| A judge's side comment in an opinion that is not necessary to the decision | obiter dictum |
| A contract term void from the moment it was made | void ab initio |
Which doctrine bars a plaintiff from suing the same defendant again on the same claim after a final judgment on the merits?
Stare decisis
Respondeat superior
Res judicata
Quantum meruit
What does mens rea mean?
The physical act of a crime
The guilty mind, or required mental state, for a crime
Proof that a crime occurred
A plea of no contest
Which spelling is correct?
prima facia
primma facie
prime facie
prima facie
Sections you finish are checked off in the contents.