Latin for Lawyers

L ATIN FOR L AWYERS

DAMNUM INFECTUM [L. damnum + infectus / unfinished, not yet done] Damage which has not matured or occurred but which is feared or antici pated. DAMNUM SINE INJURIA ESSE POTEST There can be no damage without the violation of a legal right. DARE JUDICIUM [L. dato, dare / to give, dispense + iudicium / trial, litiga tion, judgment] To render judgment. To reach a decision. To decide a case. DATUM A thing given or done; an item of information. Also, a date. Also, the singular of data, which is always plural. DE AEQUITATE [L. aequo, aequare / to make equal] In equity. See AEQUITAS; EQUITY DE AEQUITATE ET LEGEM CONJUCTA When equity and the law meet or converge. DE ARBITRIATONE FACTA An old common law writ for restraining an action which had already been submitted to arbitration. DE BENE ESSE Conditionally; provisionally. For whatever it’s worth. Of temporary validity. Used to describe several conditional acts or documents. An appearance de bene esse is a conditional appearance; a deposition de bene esse is a deposi tion which is taken conditionally and which will not be used if the witness appears at the trial. Evidence de bene esse is evidence taken and recorded before trial to preserve it in the event the witness is later unavailable. See DEPOSITION DE BENE ESSE; EVIDENCE DE BENE ESSE DEBENTURE [L. debeo, debere / to owe, be bound to] Obligations of corporations evidenced by bonds or notes and providing for fixed interest and principal payments. Debentures are distinguished from the capital stock or shares of the corporation. They are usually long-term and need not be secured by any specific asset. Debenture holders are creditors of the corporation and will receive payment before shareholders in the event of dissolution.

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