Latin for Lawyers

L ATIN FOR L AWYERS

diction is the power of a court to issue an order or judgment affecting the rights or interests of a party. PERSONALTY [L. persona / a mask worn by performers in Roman plays; a role, the human body; one; a person. The Latin word personalitas came to mean the things surrounding and owned by an individual] Personal property, as contrasted with Real Property. Chattels. Any property not attached to real estate. Property which is temporarily attached to real estate by a tenant, such as store fixtures, and which can be removed, is known as quasi personalty . PERSONAM See IN PERSONAM PERSONA NON GRATA [L. persona + non / not + gratus / pleasing, agree able, welcome] A person who is neither acceptable nor welcome. A diplomatic representative of one country who is refused accreditation in another country and who is therefore expected not to enter, or to leave. The rejection by the host country is usually because of some event or activity in the representative’s personal background. PER STIRPES [L. per + stirps , stirpes / the main stem and roots of a tree; the source or origin] Through or from the roots. The division and distribution of an estate into shares determined by the right of representation , i.e., each living descendant entitled to a share takes all or a portion of the share his or her ancestor would have taken. Nearly all the states apply per stirpes distribution when all the survivors are not of the same generation. Example: A dies leaving one living son, B; two living grandsons, C and D, the sons of deceased son X; and three greatgrandchildren, E, F and G, the descendants of deceased son Y. The estate will be divided into three equal parts. B will get one whole part, or one third; C and D will divide one part between them, resulting in one-sixth for each; and E, F and G will divide one part among them, leaving one-ninth for each. Distinguished from per capita distribution, in which B, C, D, E, F and G would each take an equal one-sixth interest. See CAPITA; PER CAPITA PERSUADE, PERSUASION [L. per + suadere / to recommend, urge] To convince. To induce to perform an act or to subscribe to a particular opin ion or belief. The burden of persuasion is the requirement that a party in liti gation convince the trier of fact that a particular fact or circumstance is more probable than not.

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