Latin for Lawyers

L ATIN FOR L AWYERS

necessary procedural steps within the time permitted by the court’s rules. Sometimes used in the verb form: the suit was non pros’d . See NOLLE PROSEQUI; NON VULT PROSEQUI NON-RECOURSE [L. non / not + recurro, recurrere / to run back, hurry back] A debt or obligation which may be collected or satisfied only out of desig nated collateral and not from the general assets of the debtor or from him per sonally. A non-recourse purchase-money mortgage, for example, limits the mortgagee to an action of foreclosure of the mortgaged property without recourse to the mortgagor personally. Also, a commercial instrument which cannot be collected personally from prior endorsers or from the maker upon dishonor. NON SANAE MENTIS [L. non + sanus / sound, healthy + mens, mentis / mind, reason, intellect] Not of sound mind. See NON COMPOS MENTIS NON SEQUITUR (NON SEQ) [L. non + sequi / to follow] Literally, it does not follow. An assumption or inference that does not follow from a prior statement; a response that is not logical in the light of a state ment previously made. NON SUI JURIS [L. non + suus / his own + iuru , iurare / to swear] Not able to take an oath in his own right. Said of one who is under a legal restraint and is therefore not able to act for himself. Anyone who is not legally competent to manage his own affairs. NONSUIT [L. non / not + sequor, sequi / to follow; to ensue] The termination of a case by order of the court without disposition on the merits. Usually, the order follows a failure of the plaintiff to prosecute the case diligently or to establish a prima facie case. An order or judgment termi nating a case without prejudice to the commencement of a later action. Under the Federal Rules of Civil Procedure, a nonsuit may be voluntary (the plain tiff withdraws his complaint) or involuntary (the court orders dismissal). NON VULT CONTENDERE (NON VULT) [L. non + volo, velle, volui / to want, wish + contendere / to strain, resist] I do not want to contest it. Refers to a plea by a defendant in criminal action under which he agrees not to enter a defense to the charge, but avoids a plea of guilty. He will be punished as if he had pleaded guilty, but, unlike a plea of guilty, the plea of non vult cannot be used against him in a civil action. See NOLO CONTENDERE

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