Latin for Lawyers

L ATIN FOR L AWYERS

FRUCTUS CIVILES [L. fructus / proceeds, produce, fruit + civilis / relating to a citizen; civic, civil] The fruits of society’s labor or production. The compensation due one as wages for his labor or in interest on his money. FRUCTUS INDUSTRIALES [L. fructus / proceeds + industria / industry, purpose] The fruits of labor, diligence or industry. Annual crops harvested through the labor and effort of man. FRUCTUS LEGIS [L. the fruits of the law] Anything which is produced by intervention of the law; e.g., an indictment, an injunction, an execution. NOTE: The English word fruit is itself applied in many legal contexts. Example: fruit of the tree doctrine — the doctrine which states that one may not assign the income of his labor and efforts to another to avoid taxation. Also, fruit of the poisonous tree doctrine — a doctrine which provides that evidence obtained by unlawful means in violation of the 4th Amendment, such as by an illegal search, may not be admitted at trial. Also, the fruits of a crime — applied in the law of evidence to objects acquired in the commission of a crime. FRUCTUS NATURALES [L. fructus + naturalis / natural, not artifical] The fruits of nature itself; things which develop or are produced in nature, without the help or intervention of man; e.g., timber, metals, flowers, pearls, the trees of the forest, grasses, etc. FRUSTRA EST POTENTIA QUAE NUMQUAM VENIT IN ACTUM If power is never exercised, it is wasted and becomes worthless. FRUSTRA PROBITUR QUOD PROBATUM NON RELEVAT It’s useless to prove something which is not relevant. It’s a waste of the court’s time to offer evidence or arguments which are not relevant to the issues. FRUSTRATE, FRUSTRATION [L. frustro, frustrare / to disappoint, deceive] To thwart or make impossible or difficult. To prevent or impede. To make ineffectual, as to frustrate the purposes of a law. The term frustration of pur pose is used in contract law to define a supervening event which completely defeats the purpose for which one of the parties entered into the contract and which entitles that party to avoid the contract. The event must have been unforeseeable at the making of the contract and must deprive the party of all benefit under the contract.

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