Latin for Lawyers

NON EST FACTUM

NON EST FACTUM [L. non + sum, esse / to be + facere / to make, do] Literally, it was not done (by me). A plea at common law by which the defen dant denied that the instrument sued upon was executed by him or that he knew the nature of the instrument when he signed it. NON EST INVENTUS [L. non + esse + invenire / to find, meet with] The writ returned by a sheriff when he was unable to find the defendant within his jurisdiction. NONFEASANCE [L. non + facere / to do or make] Failure through omission or neglect. Inaction where action is required. The failure to perform an act or duty which is required of an agent or a public offi cial; neglect of duty. The distinction among nonfeasance, misfeasance and malfeasance is subtle but important. See MALFEASANCE; MISFEASANCE NONNEGOTIABLE Incapable of transfer solely by delivery or endorsement. Commercial paper such as a check or note which does not satisfy the requirements for negotia tion by endorsement or by delivery to bearer in Article 3 of the Uniform Commercial Code; the transferee of such paper does not become a holder in due course. See NEGOTIABLE NON OBSTANTE [L. non / no + obsto, obstare / to oppose; notwithstanding] A phrase used in documents to point up or emphasize a contradiction in text or meaning. NON OBSTANTE VEREDICTO (N. O. V.) [L. non obstante + verus / true, truthful + dicere / to say] Nothwithstanding the verdict. A judgment entered by the court in favor of one party despite a jury verdict to the contrary. Under modern practice, the judgment n.o.v. is available to either party. In the federal courts, the J.N.O.V. has been replaced by the judgment as a matter of law. See J.N.O.V. NON POSSUMUS [L. non + possum, posse / to be able] We are not able. We cannot. NON PROSEQUITUR (NON PROS) [L. non + prosequi / to follow, to pur sue, to proceed] Literally, he has not proceeded; he has not followed up. An application for judgment dismissing the plaintiff’s action for his failure or neglect to take the

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