Latin for Lawyers

MITTIMUS

MITTIMUS [L. mittere / to send, to release] Literally, we send. A writ used to transfer court records from one court to another. Also, a writ directing a sherriff to seize and hold a defendant and to a jailkeeper to keep the prisoner under the court’s direction. MOBILIA NON HABENT SITUM Moveable things have no permanent location. MOBILIA SEQUUNTER PERSONAM [L. mobilis / moveable + sequor, sequi / to follow + personam / the person] Literally, moveable goods go with the person. Sometimes called the mobilia rule, which held that all interests in personal property were governed by the owner’s domicile. Since that is not always the case, it may be no longer be cited as a rule of law. MODEL PENAL CODE [L. modus / a standard of measure + poena / punish ment + codex / treetrunk; account book] A code of substantive criminal law prepared and introduced by the American Law Institute in 1962. The code has been adopted in most states. MODUS OPERANDI [L. modus / measure, method, manner + operare / to work, labor] The manner of operation; a term used by the police to describe the character istic methods used by a suspect in performing his crimes. Patterns of activity so unique to a particular criminal that he can be identified by them. MODUS TENENDI [L. modus + tenere / to hold] The way in which one holds. The nature and scope of an interest in property; e.g., a tenancy for life. MODUS VIVENDI [L. modus + vivo, vivere / to live, be alive] The way or method of living or surviving. MOLESTATION [L. molestus / annoying, troublesome, bothersome] To disturb, annoy. To make unwanted sexual advances to; to touch or fondle another with sexual intent when that person does not invite the contact; e.g., child molestation. MOLLITER MANUS IMPOSUIT [L. mollis / soft, gentle + manus / hand + imponere / to place upon] To lay hands upon gently. In a tort action for trespass, assault or battery, this phrase is used by the defendant to allege that he used only such force as was necessary to protect himself or his property from injury by the other party.

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