Latin for Lawyers

NOMINAL

NOMINAL [L. nominare / to name, give a name to] Titular; in name only; trifling, insignificant. Connected with a legal transac tion or relationship in name only, not in real interest. A nominal defendant is one named in an action only because he satisfies some technical pleading requirement, not because the plaintiff seeks any relief against him. A nominal partner is one who allows his name to be used in the business of the partner ship but has no proprietary interest in it. A nominal trust is one in which the trustee has no real duties. Nominal damages are a trivial sum, often as little as $1, awarded to a plaintiff simply to recognize that he was indeed wronged, but with little monetary consequence. NOMINAL DAMAGES [L. nomen / name + damnum / loss, damage] An award of damages in a very small amount to establish that the plaintiff was justified in bringing his claim but that he suffered little actual damage. A recognition of fault without injury. See INJURIA ABSQUE DAMNO NOMINATE [L. nomino, nominare / to name, appoint or nominate] To propose as a candidate for election. To suggest one out of a number of potential candidates for office. To designate for a position or office, as the nomination by the President of foreign ambassadors, subject to approval by the Senate. NOMINEE [L. nominare / to name or nominate] A person named or proposed for election or appointment to an office. Also, a person designated by another to perform a particular legal assignment, as to act as a trustee or executor. Also, the person in whose name an instrument is registered or recorded but who is acting as agent for someone else. NOMINEE TRUST A trust instrument in which a trustee acknowledges that it is holding title to real estate for the benefit of an undisclosed beneficiary. NON The Latin word for not , used a prefix to negate the word or thought which fol lows it. NON ALLOCATUR It is not allowed. NON ASSUMPSIT The pleading in an action of assumpsit , by which the defendant claimed that he had not undertaken or promised an obligation in the manner or form set forth in the plaintiff’s complaint.

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