Latin for Lawyers

L ATIN FOR L AWYERS

MALO ANIMO [L malo / bad, evil + animus / the conscious mind, the spirit, the source of feeling] With an evil mind. With a bad purpose. Motivated by malice. MALUM IN SE Evil in itself; naturally evil. Acts or deeds which are evil or immoral in and of themselves; acts which offend the human conscience, whether or not specifi cally forbidden by statute or regulation. A wrong judged by all to be evil in its very essence. The unjustified killing of another is an act recognized by all societies as malum in se . MALUM NON PRAESUMITUR Evil is not presumed. MALUM PROHIBITUM [L. malus, malum / bad, evil + prohibere / to check, restrain, forbid] Wrong because prohibited or made unlawful by statute or rule. An act which may not be criminal in and of itself but which is made criminal by legislation. See MALUM IN SE MANDAMUS [L. mando, mandare / to order, command] An extraordinary writ or order issued from one court to another court, or to a public official, or to a corporation or person, compelling performance of a ministerial act that the law recognizes as an absolute duty. The writ is used to correct abuses of judicial and administrative power and to compel action. MANDATE [L. mandare / to command] An order or command. An order issued by one court to an inferior court or to a public official requiring the performance or discontinuance of some act or deed. The order of an appellate court to a lower court advising it of the court’s decision. Also, the authority to act for another, similar to a power of an attorney. Also, loosely, the scope of authority of an elected official as inferred from the public’s response to his platform or campaign rhetoric; e.g., “The President has a mandate to lobby for increased taxes.” MANDATORY [L. mandare / to command] Requiring performance, obedience or compliance. Describes a statutory pro vision, or a professional rule or code, which must be followed to the letter, as opposed to a provision or rule which is discretionary or permissive. Manda tory provisions utilize the words “shall” or “must”. Non-mandatory (preca tory) provisions use such terms as “should” or “would.” See PRECATORY

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