Latin for Lawyers

L ATIN FOR L AWYERS

MENS REA [L. mens / mind + reus / a litigant, defendant, a person accused] A guilty mind; a criminal or wrongful purpose. An essential element of most crimes. The mental state accompanying or inducing an unlawful act. MENS TESTORIS IN TESTAMENTIS SPECTANDA EST In interpreting wills, we should look at the intention of the testator. MENTIRI EST CONTRA MENTEM IRE To lie is to ignore one’s better thoughts or judgment. MENTAL [L. mens, mentis / the mind, intellect, reason] Relating to the mind, especially the human mind. Those aspects of a person's health or condition which reflect the quality and state of his mind, as opposed to his physical state. Mental anguish is aggravated mental suffering which the law recognizes as a basis for increased damages in a tort action or in defining a crime. Mental cruelty — the torment of one spouse by another — is recog nized in most states as a ground for divorce. MERCANTILE [L mercor, mercari / to trade, buy and sell] Having to do with trade and commerce. All matters relating to the buying and selling of merchandise and goods. MERCANTILE LAW The codification of rules, laws and statutes controlling commerce. It is virtu ally synonymous with commercial law. Most commerce in the U.S. is now controlled by the Uniform Commercial Code. See LEX MERCATORIA MERCHANT [L. mercator / merchant, trader, shopkeeper (from mercor, mer cari / to carry on trade)] Any person who trades in goods, but especially a person who trades in a par ticular class or category of goods and has a specialized knowledge concern ing those goods. Also, any person who buys goods at wholesale prices and offers them for resale at retail. Also, the operator of a retail business. MERCHANTABLE [L. mercor, mercari / to trade, engage in commerce; to buy and sell] Describes goods which are fit to be used in the manner intended and which conform to the facts or statements contained on the label. The term implies that the goods conform to ordinary standards of care and that they have a grade, quality and value equal to similar goods sold under similar circum stances. (See Uniform Commercial Code, § 2-314.)

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