University Of San Agustin

College of Law
Legal Writing

Name: NEBIT, KLARISSA GRACE Section: I-B

Exercise No. 3

1. Ab initio – From the beginning, from the first act

a. A contract that is contracted with deceit and
intimidation is void ab nitio.
2. Amicus curiae – Friends of the court
a. An amicus curiae brief that brings to the attention of
the Court relevant matter not already brought to its
attention by the parties may be of considerable help to
the Court
3. Certiorari – To be informed of; a writ of common law origin
issues by a superior to an inferior court requiring the latter
to produce a certified record of a particular case tried
therein. An order that the court issuing the writ may inspect
the proceeding and determine whether there have been any
irregularities.
a. Review on writ of certiorari is not a matter of right, but
a judicial discretion
4. Et al – and others
a. Reorganization plan was designed by Alfred E.
Newman, General Halftrack, Zippy the Pinhead, et al.;
and it was pretty useless
5. In pari delicio – In equal fault; equal culpable or criminal; in a
case of equal fault or guilt
a. The judge rule that both parties are In pari delicio.
6. Statutes in pari materia must be interpreted in light of each
other since they have a common purpose for comparable
events or items
a. In pari materia –upon the same matter or subject
7. In re – in the affair; in the matter of; concerning; regarding
 a. Proceedings to determine various claims to the assets
of a bankrupt company could be called In re Klein
Company, or In the matter of Klein Company
8. In rem – a technical term use to designate proceedings or
actions instituted against the thing in contradistinctions to
personal actions which are said to be in personam
a. An action in rem is a proceeding that takes no notice of
the owner of the property but determines rights in the
property that are conclusive against all the world

9. Inclusion unius est exclusion alterius – the inclusion of one is

the exclusion of another
a. Using the maxim Inclusion unius est exclusion alterius ,
any person who, with the use of force, intimidation or
threat, or taking advantage of the absence or tolerance
of the landowner, succeeds in occupying or possessing
the property of the latter against his will for residential,
commercial does not include to its scope agricultural
lands.
10. Malum in se – a wrong in itself; an act or case involving
illegality from the very nature of transactions upon principles
of moral, natural, and public law.
a. An offence malum in se is one which is naturally evil, as
murder, theft, and the like; offences at common law are
generally mala in se.
11. Pro forma – as a matter of form or for the sake of form
a. Pro forma audiences are used to obey a formal
demand.
12. Pro rata – proportionately; according to certain rate,
percentage or portion
 a. In corporate practice, "a pro-rata dividend means that
every shareholder gets an equal proportion for each
share he or she owns."
13. Pro tanto – for so much; for as much as maybe; as far
as it goes.
a. In an Eminent Domain case, pro tanto describes the
partial payment made by the government for the taking
of land.
14. Quantum meruit – as much as he deserves; an
expression that describes the intent of liability on a contract
implied by law
a. The contractor is entitled to be paid for the services he
has already provided for the school on the basis of
quantum meruit .
15. Quid pro quo – what for what; something for something
a. If the exchange appears excessively one sided, courts
in some jurisdictions may question whether a quid pro
quo did actually exist and the contract may be void by
law.
16. Stare decisis – to abide or adhere to decided case
a. In the United States, stare decisis can interact in
counterintuitive ways with the federal and state court
systems.
17. Corpus delicti – the body of the crime
a. Corpus Delicti is one of the most important concepts in
a murder investigation

18. Ex parte – on one side only; on application of one party

only
 a. The availability of ex parte orders or decrees from both
federal and state courts is sharply limited by the Fifth
and Fourteenth Amendments, which provide that a
person shall not be deprived of any interest in liberty or
property without due process of law
19. Ejusdem generis – of the same kind, class, or nature
a. If a law refers to automobiles, trucks, tractors,
motorcycles and other motor-powered vehicles,
"vehicles" would not include airplanes, since the list
was of land-based transportation, this is according to
ejus dem generis.
20. Ex post facto – after the fact; by an act or fact occurring
after some previous act or fact and relating thereto.
a. Australia has no strong constitutional prohibition on ex
post facto laws, although narrowly retroactive laws
might violate the constitutional separation of powers
principle
21. Mandamus – we command; the name of the writ which
issues from a court of superior jurisdiction, and is directed to
a private municipal corporation, or any of its officers, or to
an inferior court commanding the performance off a
particular act therein specified, and belonging to his or their
public, official or ministerial duty of directing the restoration
of the complainant to the right or privileges of which he has
been illegally deprived.
a. Mandamus will not lie where the law has given another
specific remedy.
22. Mens rea – as an element of criminal responsibility; a
guilty mind; a guilty or a wrongful purpose; a criminal intent
a. The levels of mens rea and the distinction between
them vary between jurisdictions
23. Mobile sequuntur personam – movables follows the [law
of the] persons
a. Under the common law doctrine of mobilia sequuntur
personam, the situs for the taxation of movable
personal property is the domicile of the owner.
24. Mutatis mutandis – with the necessary change in the
points of detail, meaning that matters or thing are generally
the same, but to be altered when necessary as to names,
offices, and the like.
a. What we said about oil goes mutatis mutandis for
natural gas.
25. Nollo prosequi – a formal entry upon the record of the
plaintiff in a civil suit, or more commonly, by the prosecuting
attorney in a criminal action, by which he declares that he
will no further prosecute the case, either to some of the
defendants or altogether. Voluntary withdrawal of the
prosecuting attorney of a present proceeding of a criminal
charge.
a. Nolle prosequi is a declaration made by a prosecutor in
a criminal case or by a plaintiff in a civil lawsuit either
before or during trial, meaning the case against the
defendant is being dropped.

26. Nollo contenderse – ‘I will not contest it’; a plea in a

criminal case which has a similar legal effect as pleading
guilty.
a. Most people know that if you are charged with a crime
that you can plead guilty or not guilty. But there's a
third plea you should know about: "nolo contendere" or
"no contest".
27. Nolle prosequi is a declaration made by a prosecutor in a
criminal case or by a plaintiff in a civil lawsuit either before
 or during trial, meaning the case against the defendant is
being dropped
a. The petitioner filed a Nolle Prosequi after hearing the
witness’ testimonies.
28. Nihil – ‘nothing’; often contracted to ‘nil’
a. It looked like Nihil I had ever seen before"
29. Pari passu – by an equal progress; equably, notably; without
preference.
a. "These shares will rank pari passu with all other shares
for future dividends and distribution
30. Per capita – by the heads or polls; according to the
number of individuals
a. Per capita income or income per person is the
numerical quotient of national income divided by
population, in monetary terms.
31. Res ipsa loquitur – the thing speaks for itself
a. Using the maxim Res ipsa loquitur finding the patient
on the floor signifies nurses’s negligence to promote
safety.
32. Quasi – as if; almost as it were; analogous to
a. A quasi-experimental study to assess the effect of
technology-assisted training on correct endorsement of
pressure ulcer preventive interventions.
33. Res gestae – things done; a remark made
spontaneously and concurrently , with an affray, collision or
the like, it carries with it inherently a degree of credibility
and will be admissible because of its spontaneous nature
a. In certain felony murder statutes, "res gestae" is a term
defining the overall start-to-end sequence of the
underlying felony
34. Sui generis – of its own kind or class; the only one of its
own kind; peculiar
 a. She is an original artist; each of her paintings is sui
generis.”
35. Save – to except, reserve, or exempt; or where a
statute ‘saves’ vested rights
a. To save the part of the statute which is not
unconstitutional, the legislative stipulated a saving
clause.
36. Quash – to overthrow; to abate; to vacate; to annul
a. The motion to QUASH the information is granted due to
the violation of the defendant’s rights.
37. Alien – relating, belongigng or owing allegiance to
another country or government; a foreign born resident who
has not been naturalized and is still a subject or citizen of a
foreign country
a. The resident alien is also protected by our constitution
because he owes temporary allegiance to the state.
38. Chose in action – a piece of personal property; a right to
something ( as payment for a debt or damage for an injury)
that can be recovered in a lawsuit
a. A chose in action cannot be acquired through exercise
of power of eminent danger.
39. Estoppel – a bar to the use of contradictory words or
acts in asserting a claim or rights against the other
a. The petitioner’s claim has been dismissed because of
estoppels.
40. Demurrer – a plea in response to an allegation ( as in a
complaint or indictment) that admits its truth but also
asserts that it is not sufficient as a cause of action.
a. The counsel filed a Demurrer after the preliminary
investigation.
41. In pais – out of court; without judicial proceeding; not in
writing, not of record
 a. They wish to solve the issue In pais.
42. Cestui que trust –the beneficiary of a trust
a. She is the Cestui que trus of the partnership.
43. Laches – undue delay in asserting a right or a
privileged.
a. The contract has prescribed due to laches.
44. Fee simple – a fee that is alienable (as by deed, will, or
intestacy) and of potential, indefinite duration
a. If previous grantors of a fee simple estate do not create
any conditions for subsequent grantees to own the
conveyed property in fee simple title, which is
commonly the case these days, then the title is called
fee simple absolute.

45. Fee tail – is granted to an individual and to that

individual’s descendants which is subject to a reversion or a
remainder if a tenant in tail dies with no lineal descendants,
and which is not freely alienable
a. A fee tail is an interest in real property that is ordinarily
created with words such as "to A and the heirs of his
body
46. Parol –an oral declaration or statement; executed by
word of mouth or by a writing under seal; relating to matters
outside of writing
a. The parol evidence rule is a common trap for
consumers.
47. Metes and bounds – the boundaries and limits of a
contract of land especially as described by reference to lines
and distances between points on the land.
a. The parties agreed on the metes and bounds on their
lot to avoid costly court proceedings.