Legal Latin, Part II
Sunday
“Per curiam,” or “by the court as a whole” means a certain court decision is not signed by individual judges, such that it was unanimous (more or less) and typically shorter in length.
Monday
“A priori,” also a philosophical term, means “from what is before” and refers to conclusions derived from logical deduction and legal concepts, rather than empirical evidence and observation.
Tuesday
“Res ipsa loquitur” means “the thing speaks for itself” and is a principle that puts the presumption of negligence on the defendant by showing the accident or injury at issue does not normally happen without someone’s negligence.
Wednesday
“De novo” means “anew” and typically refers to a higher court reviewing the evidence and legal questions of a matter as if for the first time, without reference to a lower court’s conclusions.
Thursday
“In forma pauperis” means “in the form of a pauper” and permits a litigant to proceed without paying the usual court fees due to financial hardship.
Friday
“Certiorari” means “to be informed of / made certain” and is issued from a higher court to a lower one directing it to send the case materials for the higher court’s review. If a case is not granted this, the lower court’s decision stands.
Saturday
“In limine” means “at the threshold” and refers to a pre-trial motion seeking that certain evidence be ruled inadmissible at trial. The familiar yell of “objection” is the process for seeking the same result during trial.