Latin for Lawyers

L ATIN FOR L AWYERS

CONSTITUENT [L. constituo, constituere ] A member of a group. An office-holder speaks of the voters in his district as his constituents . A principal who authorizes another to act as his agent. An essential part of something; an element or component. CONSTITUTE [L. constituo, constituere / to set up, place] To designate or name to an office or function. To organize, set up or establish. To qualify as; e.g., a memorandum may constitute a contract. To make up or consist of, as in “New York lawyers constitute more than 10% of all lawyers in the United States.” CONSTITUTION [L. constituere / to set up, establish] Originally, a law or ordinance. Now, a document which defines the rules under which a nation or state will be governed. A fundamental statement of principles of government, defining such matters as the branches of govern ment, the functions of each branch, the division of responsibility between branches, the restraints and checks upon each branch, etc. The U.S. Constitu tion has served as the prototype for the constitutions of other countries. The United Kingdom has no formal written constitution but relies instead on the common law and a number of statutes adopted over the centuries. Smaller organizations may also be governed by constitutions specifying the number and duties of officers, directors, committees, etc. CONSTRUCTIO LEGIS NON FACIT INJURIAM No damage is caused by construing the law. CONSTRUCTION [L. construo, construere / to heap up, build or construct] The placement of words in a sentence. The process of building something. The meaning or interpretation placed upon the text of a legal document such as a contract or statute, especially an interpretation by a court. CONSTRUCTIVE [L. construo, construere / to heap up, to build or construct] A status or characteristic created by a legal fiction instead of one existing in fact. A right or duty arising out of a judicial interpretation of a relationship. Implied by operation of law. A constructive bailment is a bailment created not by voluntary act of the parties but by operation of law; it arises when someone comes into possession of the goods of another by accident or mis take, as by finding them or through a misdirected delivery. Constructive delivery is delivery implied from delivery of a token representing the whole; e.g., delivery of the keys to a building serves as constructive delivery of the entire building. Constructive notice is notice imputed and imposed by law when the law has created a system for making information available to all; under these circumstances, it is assumed that everyone has or should have

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