Latin for Lawyers

RATIFY, RATIFICATION

RATIFY, RATIFICATION [L. reor, reri + facere / to do or make] To approve or confirm. To validate or make effective. In the law of contracts, the act of one party in affirming that an action previously taken, whether by himself or by someone acting in his behalf or for his benefit, will bind him, when, in the absence of such affirmation, he would not be bound. For exam ple, a person reaching maturity may ratify , and therefore become bound by, an agreement executed during his minority. A principal may later ratify and be bound by the action of someone who acted as his agent without his author ity. Also, the act of Congress in approving and therefore making effective, a treaty or an amendment to the Constitution. RATIHABITIO MANDATO COMPARATUR Ratification is like a command. RATIO [L. ratio ; ratus , from reor, reri / to think, account or compute] A reasoning or reckoning. A numerical measure, in number, amount or size, of the relationship between two things or among more than two things. A proportion. The number resulting from the division of one number by another. RATIO DECIDENDI [L. ratio ( from reor, reri ) + decidere / to cut down, cut off; to settle or arrange. The reason for a particular decision. A statement of the court’s reasons for deciding the case as it did. The basis for the court’s judgment. RATIO EST LEGIS ANIMA Reason is the soul of the law. RATIO LEGIS [L. ratis / thought or reckoning + lex , legis / a covenant; the law or rule] The underlying principle or reasoning behind a law. The reason or purpose for passing a law. The origin of the modern rational basis test under which the courts examine whether a statutory or regulatory classification (based on age, sex, etc.) has a rational basis, i.e., whether the statute or regulation at issue denies equal protection to a class or group under the Constitution, thereby creating a suspect classification. RATIO LEGIS EST ANIMA LEGIS The reasoning of the law is (born of) the soul of the law. RATIONAL [L. ratio / calculation, computation (from reor, reri / to think, have) an opinion] Reasonable, supported by sound thought and reason. Conclusions supported by analysis and logic; not arbitrary. A statute or administrative decision is

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