Latin for Lawyers

L ATIN FOR L AWYERS

the power to avoid the legal relationships created by the contract, or to extin guish the power of avoidance by ratifying the contract. In some cases, a court, rather than the parties, will act to declare void and of no further effect a void able instrument or transaction . VOLENTI NON FIT INJURIA [L. volens / willing + non / no + facere / to make, do + iniuria / injury, injustice, wrong] A legal maxim standing for the principle that no legal wrong is done to a per son who consents. In tort law, it refers to the fact that one cannot usually claim damages when he has consented to the activity or nuisance that causes the damages. In commercial law, it sometimes precludes claims by parties who enter into agreements which persons of ordinary prudence would not entertain. VOLUNTARY [L. volo , velle / to wish; to be willing] By one’s own choice or will. Self-determined and initiated. Acting of one’s own free will without inducement or influence by others. Having the power of free choice. Not by compulsion or chance. A voluntary appearance in an action is an appearance without judicial compulsion; the effect is to create a waiver of process or of formal notice. A voluntary bankruptcy is a bank ruptcy initiated by the filing of a petition by the debtor rather than his credi tors. A voluntary dissolution is the dissolution of a corporation by resolution of the stockholders. Voluntary manslaughter is a homicide committed inten tionally but without malice and in the heat of passion or other provocation. A voluntary statement by an accused in a criminal matter is a spontaneous and willing statement not induced by any extraneous influence or suggestion. VOLUNTAS DONATORIS [L. volo , volle + dono , donare / to give, to present] The will of the donor (sometimes also applied to a testator). VOLUNTAS REPUTATOR PRO FACTO To will an act is to commit the act. VOLUNTEER [L. voluntarius / voluntary, volunteer] A person who undertakes or agrees to undertake an act or service without compulsion and without consideration. One who enters the military service of his own free will and without being called into service in a draft. One who intrudes into a matter which does not concern him, such as one who goes to the aid of a victim in an accident or crime. One who pays the debt of another when he has no legal obligation to do so and without being asked to do so by the debtor.

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