Latin for Lawyers

NIENT CULPABLE

ness has sufficient nexus with a state to be taxed by it depends on an analysis of its activities within that state. NIENT CULPABLE Not guilty. NIENT DIDERE To fail to deny. To default. NIHIL [L. nil, nihil, nihilum / nothing] Nothing, not, not at all, in no respect. Sometimes contracted to nil . Standing alone, it identifies a writ returned to the court by a sheriff who fails to find a defendant or his property (short for nihil est (he is not there) or nihil habet (I have nothing), as the case may be). NIHIL (NIL) CAPIAT PER BREVE Let him take nothing for his complaint; a court’s judgment in favor of the defendant. NIHIL (NIL) DEBET [L. nihil + debeo, debere / to owe, be indebted] I owe nothing. The defendant’s plea of general denial in an action on contract or on a debt stated. There is no obligation; no contract has been made. NIHIL (NIL) DICIT [L. nihil (nil) + dicere / to say, speak] Literally, he says nothing. The judgment entered against a defendant who fails to file an answer or motion in response to a complaint. Before entering judgment, the court looks to see only if the plaintiff has stated a cause of action and if it has jurisdiction. Judgment for lack of a plea or answer. NIHIL (NIL) EST [L. nihil + sum, esse / to be] There is nothing for me to find. The general response by the sheriff after he attempted to serve a summons and did not find the defendant or his residence or any of his property. NIHIL (NIL) HABET [L. nihil (nil) + habere / to have, hold] He has nothing. The response of a sheriff to a scire facias writ, stating that he was unable to find or serve the defendant and that he found none of his prop erty. See SCIRE FACIAS NIHIL POSSUMUS CONTRA VERITATEM Nothing can overcome the truth.

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