The term is used to refer to a final and permanent divorce.
Ab initio
From the start or begining.
Ad colligendum bona
When a person dies and there is no apparent executor or administrator, a person can be appointed by Court order and for the limited and sole purpose of collecting, inventorizing and preserving the assets of the deceased until an appropriate full-fledged administrator can be found or appointed. Known then as an administrator ad colligendum, this person is an agent of the Court and does not have the true or full authority of an administrator of an estate.
Ad damnum
It refers to the parts or sections of a petition that speaks to the damages that were suffered and claimed by the plaintiff. The ad damnum part of a petition will usually suggest an amount in money that the plaintiff asks the court to award.
Ad hoc
For this purpose; for a specific purpose. An ad hoc committee, for example, is created with a unique and specific purpose or task and once it has studied and reports on the matter, it stands disbanded (compare with standing committee).
Ad infinitum
Forever; without limit; indefinitely.
Ad litem
Appointment of person for litigation. A guardian ad litem is a guardian appointed where the defendant is minor. See rule 3 of Order XXXII of CPC.
Ad valorem
In proportion to the value. Applied to revenue duties, which are calculated according to the value of the subject matter taxed e.g. the phrase ‘ad valorem Court fee’ is used to mean the Court fee which not fixed but which is to be paid upon the value of the subject matter.
Addendum
An attachment to a written document. For example, affidavits may be addendums to a petition as a petition may be an addendum to a writ
Afforare
pricing of a things
Alibi
At another place, elsewhere.
Amiables compositeurs
Agreements permiting the arbitrators to decide the dispute according to the legal principles they believe to be just, without being limited to any particular national law.
Amicus Curiae
: Latin for "friend of the court." Refers to a party that is allowed to provide information (usually in the form of a legal brief) to a court even though the party is not directly involved in the case at hand.
Audi alterem partem
Hear the other party. It is one of the principles of natural justice that before condemning a person, he should give the opportunity to defend him.
Autrefois acquit
French word now part of English criminal law terminology. Refers to an accused who cannot be tried for a crime because the record shows he has already been subjected to trial for the same conduct and was acquitted. If the accused maintains that the previous trial resulted in conviction, he or she pleads "autrefois convict." "Autrefois attaint" is another similar term; "attainted" for a felony, a person cannot be tried again for the same offence.
Avunculus
A mother's brother. "Avuncular" refers to an uncle.
Bona fide
In good faith
Bona vacantia
Property that belongs to no person, and which may be claimed by a finder. In some states, the government becomes owner of all bona vacantia property.
Boni judicis est ampliare jurisdictionem
It is the duty of a good judge to extend his jurisdiction as when the case calls for such extension. For detail, see Albert David (Bangladesh) Ltd. Vs. Messrs. Nedlloyd Lijnen BV 1982, 34 DLR 356; Kari Palan Mia Vs. State, 1983, 35 DLR 118.
Caveat emptor
Let him beware. A formal warning. Caveat emptor means let the buyer beware or that the buyers should examine and check for themselves things which they intend to purchase and that they cannot later hold the vendor responsible for the broken condition of the thing bought.
Caveat venditor
Let the seller beware.
Certiorari
A writ of certiorari is a form of judicial review whereby a court is asked to consider a legal decision of an administrative tribunal, judicial office or organization (eg. government) and to decide if the decision has been regular and complete or if there has been an error of law. For example, a certiorari may be used to wipe out a decision of an administrative tribunal which was made in violation of the rules of natural justice, such as a failure to give the person affected by the decision an opportunity to be heard.
Cestui que
A shortened version of "cestui a que use le feoffment fuit fait," literally, "The person for whose use something was made." For example, Cestui que Trust is a person for whose benefit a trust is created; a beneficiary.
Cestui que trust or cestui que use
The formal Latin word for the beneficiary or donee of a trust.
Ceteris paribus
All things being equal or unchanged
Consensus ad idem
Agreement on an idea. According to this concept, parties to a contract must agree on the terms of the contract. If it is see that the parties agreed on the contract considering different things, then there is no consensus.
Corum non judice
A proceeding committed by a Court without jurisdiction or not by the proper judge. They are non-judicial proceedings. (1971 PLD 197 SC).
Cuius est solum, ejus est usque ad caelum et ad inferos
Who owns the land, owns down to the center of the earth and up to the heavens. This principle of land ownership has been greatly tempered by case law which has limited ownership upwards to the extent necessary to maintain structures. Otherwise, airplanes would trespass incessantly.
Culpa lata
Latin for gross negligence. It is more than just simple negligence and includes any action or an omission in reckless disregard of the consequences to the safety or property of another.
De bonis non / de bonis non administratis
A word used exclusively in estate matters and refers to situations where an estate is abandoned by an administrator only partially administered and someone must be appointed to complete the administration of the residue of the estate; those assets not yet administered.