Latin for Lawyers

EXPERT

EXPERT [L. expertus , fr. experior, experiri / to try, prove; put to the test. To know through trial or experience] A person with special skill or knowledge in a particular field or area of expe rience or knowledge, entitling him to form and express an opinion on matters in dispute. An expert witness is a witness who is qualified as an expert and who has knowledge of a particular subject not ordinarily possessed by the average person. An expert witness is allowed to give his opinion and to assist the court and jury in understanding and determining a complex and technical subject. EX POST FACTO After the fact. After the thing has been done. The phrase applies to any law that criminalizes an act that was innocent when committed; any law that makes a crime greater or more serious than when it was committed; or any rule of evidence which adversely affects a criminal defendant’s rights as they existed prior to the rule. Article I, Section 9 of the U.S. Constitution pre cludes the passage of such a law or rule by any state or by the federal govern ment. The provision has been construed to apply only to crimes, not to civil rights. See AB INITIO; FACTO EX PRAECOGNITA MALITIA With malice aforethought. See EX MALITIA PRAECOGNITA EXPRESS [L. expressus, from exprimo, exprimere / to force out, to describe, to say in words] Clearly and explicitly stated. Exact, precise. Not left to inference or implica tion. An express agency is an agency created in clear language, either in writ ing or verbally. An express condition is a condition in a contract in plain and simple language. EXPRESSIO FALSI [L. exprimere / to represent, portray, express + fallere, falsus / to deceive] A false statement; a lie. EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS The statement of one thing or fact suggests the exclusion of all others. The expression of one thing in a statute or document will be interpreted to mean that another thing which is not specifically mentioned will be excluded; e.g., a statute which is applicable to “doctors, nurses, nurses aids, and other hospi tal employees” will be construed as excluding the employees of nursing homes.

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