Latin for Lawyers

L ATIN FOR L AWYERS

before performance is due; the notice may be written or implied. An anticipa tory breach is the breach resulting from or manifested by an anticipatory repudiation. ANTINOMY [L. anti + nomia / (from the Greek word nomos ) laws ] A conflict in law. A conflict between two statutes, decisions or legal princi ples; a contradiction; a conflict in authorities. APEX [L. the highest point, the peak] The top, the highest point, the crown. APEX RULE A rule of mining law, codified in 30 U.S.C.A. 26, which gives to the locator of a mine on land in the public domain, all veins, lodes and ledges reaching downward from the highest point or apex of his location, whether or not the veins can be followed downward in straight vertical lines, subject to certain limitations concerning adjoining land. A POSTERIORI [L. ad + posterus / subsequent, next, in the future] Reaching a conclusion from known facts. A conclusion based on observed or known circumstances; reasoning backward from effect to cause. See A PRIORI APPARENT [L. apparere / to become visible, to appear] Open to view, clear, visible. Evident to the senses or the mind. The word is used in many phrases by lawyers to indicate awareness of a fact or condition through the senses, as in apparent danger, apparent easement, apparent heir . APPARENT AGENT An agent with respect to whom the principal manifests or exhibits the attributes of authority to act in his behalf. This may be done through conduct, statements, silence, ratification of specific acts, etc. An apparent agent has apparent authority to act for his principal. See Restatement, Agency (2d), §7, 8. APPEAR, APPEARANCE [L. apparere ] To make oneself visible; to assert one’s presence. In law, used to indicate the first formal entrance or participation by a party in an action or litigation; the first act of a party in court; a submission to the court’s authority or jurisdic tion. A general appearance is a submission to jurisdiction in all respects. In a special appearance , a party does not submit to jurisdiction but appears only to challenge some element of the proceeding; e.g., the validity of the service of process.

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