Latin for Lawyers

L ATIN FOR L AWYERS

IN PARI CAUSA [L. in + par / equal, a match for + causa / cause, reason] Equally responsible. In equal fault or guilt. Equally culpable, guilty, wrong, or criminal. At common law, a party who was in pari causa with another party could not sue the other party with regard to the acts in which he had participated. IN PARI DELICTO [L. in + par / equal + delictum / fault, crime; in equal fault] Equally culpable or guilty. The general rule is that illegal transactions or con tracts are not legally enforceable by anyone. But when parties to an illegal agreement are not in pari delicto , i.e., are not equally at fault, the agreement may be enforceable in equity by the less guilty party. A party may, for exam ple, have participated in the illegal agreement only because he was compelled to do so under fraud or duress. In tort law, the party most responsible for the wrong may be liable for all the damages without contribution by others who may be less responsible. See A PARTICEPS CRIMINIS; DELICTUM; IN DELICTO; PAR DELICTUM IN PARI JURI In equal right. With equal rights. IN PARI MATERIA On a similar or intertwined subject matter. A rule of statutory construction which provides that all relevant legislation, whether sections of one statute or parts of several statutes, dealing with a particular subject or directed to a common purpose, should be read and interpreted together to determine the legislative intent. The rule may be applied also in the interpretation of instru ments and contracts. IN PARI PASSU [L. in + par / equal + passim / here and there, far and wide, indiscriminately] On an equal footing. Requiring equal treatment. IN PERPETUAM (IN PERPETUITY) [L. in + perpetuare / to continue; to maintain unbroken] To last or exist forever; interminable. A gift or transfer in perpetuity is a gift or transfer that is meant to last forever. In the law of real property, a perpetu ity is a limitation or condition which prevents or suspends the transfer of title to property for a period longer than a life or lives in being plus twenty-one years. The Rule Against Perpetuities is designed to prohibit such conditions or limitations. See PERPETUITY

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