Latin for Lawyers

L ATIN FOR L AWYERS

ness. Cross examination is the examination of a witness who has testified on direct, to test his veracity and knowledge of the facts. EX ANIMO [L. ex + animo / the soul, the heart, the spirit] From one’s mind or conscience. EX ARBITRALE JUDICUS At the will of the judge. EX ASSENSU CURIAE With the consent of the court. EX ASSENSU SUO With his own consent. EX CAPITE DOLI [L. ex + capite / head + dolus / device, artifice] On the grounds of deceit. EX CAPITE FRAUDIS On the grounds of fraud. EX CATHEDRA From the chair (formerly used to describe a chair occupied by the pope); from the source of authority. EX CAUSA METUS On account of fear. EXCEPTIO PROBAT REGULAM The exception proves the rule. EXCESS, EXCESSIVE [L. excedo, excedere (pp. excessum ) / to go out, to go away; to leave; to exceed] More than is required or wanted. The amount by which one measure is greater than another. Beyond or greater than acceptable standards; intemper ate. The law is intolerant of acts or conduct which are deemed excessive, i.e., beyond reasonable or accepted bounds. Amendment VIII to the U.S. Consti tution provides, “Excessive bail shall not be required…” A verdict which is deemed excessive may be reduced through the device of remittitur or by

ordering a new trial. See REMITTITUR

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