Latin for Lawyers

L ATIN FOR L AWYERS

MATERIAL [L. materia / the items or contents of which a thing is composed; subject matter] As an adjective, the word describes matters of great consequence. A material allegation is a statement in a pleading which is essential to the action and to the relief sought. A material breach is a breach of contract sufficient to sup port a claim for damages or for injunctive relief. A material misrepresentation is an essential element of fraud. It is a representation which induces the other party to enter into a transaction to his detriment. MATRICIDE [L. mater + caedo, caedere / to strike down, beat] The murder of a mother by her child or children. MATRIMONIA DEBENT ESSE LIBERA Marriages should be free of restraints. In Rome, voluntary divorces were rec ognized and allowed. MATRIMONIUM [L. marriage, matromony] Literally, a marriage conforming to the requirements of Roman law. Also, The subject of a discussion or a dispute; the item at issue. The issues involved in a litigation. Cases in litigation are sometimes referred to as “ Matter of… ” or “ In the Matter of… ” Also, those facts which require determination in a law suit. A matter in controversy is an issue to be resolved during the trial or hearing. A matter of fact is an issue of fact to be resolved by the jury. A mat ter of law is an issue of law to be resolved by the judge. A matter of record is any documentation of the proceedings before a court or tribunal or of the fil property given or descending as a result of a marriage. MATTER [L. materia / matter, material, substance] To come to fruition. To vest or ripen. To become due or payable, as in “the obligation will mature on…” To come into existence, as in “her pension rights will mature on…” MATURITY [L. maturo, maturare / to make ripe, ripen] At the stage of full growth and development. The point in time when a legal obligation becomes due or is fixed. For example, the maturity date of a note or mortgage is the date upon which the last installment of principal is due and payable. MAXIM [L. maximus / superlative of magnus / large] A basic or general truth. A statement expressing a concept accepted by all. A principle tested and accepted over time. ing of an instrument with the proper public office. MATURE [L. maturo, maturare / to ripen; to rush]

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