The many Latin terms in legal jargon: How many do you know?

Much of the charm that the English language possesses is due to the ease with which it has accepted foreign influences. By borrowing from a large number of tongues, it has turned itself into a delectable potpourri. Among all its lenders, Latin along with Greek and French has been the most generous.

In fact, every day we write and speak some Latin when we use innumerable words ending in ‘or’, a Latin suffix which means ‘one who…’ Words like editor, actor, auditor, dictator, sculptor, educator, janitor, curator, victor, etc., have a Latin link. Even etc. comes from Latin et cetera which means ‘and the rest’.

The list of these easily understood words is almost inexhaustible. However, there are less-understood Latin expressions comprising two or three words which make the bulk of the legal jargon. Here is an attempt to decipher a few which find regular use in the media.

Suo motu means ‘on its own motion’. High courts and the Supreme Court in India have the constitutional mandate to act on their own to preserve the fundamental rights of individuals or take an action to set a wrong right even though an aggrieved party does not file a petition. This may happen when the court’s attention is drawn to an incident through news reports or any other means. For example, the Gujarat High Court recently took a suo motu cognizance of the Morbi bridge collapse in Gujarat and got a case filed to fix the responsibility.

Amicus curiae (often shortened to amicus) literally means ‘friend of the court’. Sometimes the court appoints an advocate as amicus curiae in a case to assist it. In fact, in the Morbi case, the Gujarat HC has appointed two young advocates as amici curiae (plural for amicus curiae) to help take the case to a logical conclusion. An amicus works without any expectation of monetary compensation and being appointed one is an acknowledgement of professional competence and integrity.

The use of ad hoc is ubiquitous. It means ‘for the present matter or situation’. An ad hoc committee is one which is set up to dispose of a particular matter and is wound up once the task is over.

If someone is punished ex post facto it means that the relevant law came after the crime was committed. So, it means ‘after the fact or event, or retroactive’.

If there is a prima facie case against someone, it means there is enough evidence ‘at first glance’, though not conclusive, to proceed against the person concerned.

Quid pro quo is used to refer to something given in lieu of something received, a fair exchange. Example: The defendant agreed to a written apology and, as quid pro quo, the petitioner withdrew her case.

Status quo is often used in cases where courts restore an earlier state of affairs where a change has been carried. Since the condition is the previous one which is to be restored, purists insist that the expression should be status quo ante (the last word stands for ‘before’). However, status quo is popular with headline writers to indicate the idea of preserving without change.

Sine qua non is something which is indispensable, a prerequisite. Example: An independent judiciary is a sine qua non of a healthy democracy.

For long, there has been a demand to jettison these legal terms which make little sense to the common man. However, the use of Latin phrases has continued because they are vivid, saying ‘much in less’, that is, multum in parvo.

PS (Postscript comes from Latin postscriptum, meaning ‘written after’): It is good to remember that Latin expressions are not normally hyphenated even though they could be modifying a subject.

Wordly Wise is a weekly column by Amitabh Ranjan published every Saturday in the Explained section. Please tweet your feedback to @ieexplained