Latin for Lawyers

L ATIN FOR L AWYERS

DELECTUS (DILECTUS) PERSONA [L. delectus / a choice + persona / person, character (from the mask worn by actors in Roman plays)] Choosing the person. The right of a partner in a firm or a stockholder in a close corporation to approve or reject a new partner or stockholder. The right is often reflected in restrictions on new partners or shareholders in partner ship or shareholder agreements. DELEGATE [L. de + legare / to appoint, ordain, deputize] To give authority to another. To appoint as one’s representative or agent. Also, the person so authorized or appointed. A person designated to represent and vote the will or wish of others at a convention or caucus. DELEGATUS NON POTEST DELEGARE One who acts for another cannot delegate his authority to a third person. An agent cannot create the authority under which he functions without the con sent of his principal, who must define the agent’s duties. In an elected legisla ture, for example, the person holding the office of representative must cast his own vote; he cannot delegate his power to vote to anyone else. DELIBERATE [L. delibero, deliberare / to weigh, think about, consider] To examine and consider carefully before reaching a conclusion or decision. The process by which a group or body reaches a decision on a matter or issue; the discussion and consultation which precede a decision. Also, characterized by slow and careful thought and study before taking action on a matter; hav ing concern for the consequences of one's actions. DELICTUM [L. fault, offense, wrong] A failure or neglect to do or perform something expected or required. Con duct that fails to conform to accepted behavior. A misdeed, a crime. Also, the failure to pay one’s debts as they become due. Failure to perform a duty according to its terms; e.g., failure to pay a note on the due date. In the case of juveniles, conduct which violates some regulation or law or which falls outside accepted behavior. DELIVER [L. de + liberare / to set free] To hand over or surrender. To take or pick up at one place and transport and turn over at another place. To accomplish or complete. To produce or act as promised. To speak or perform, as to deliver an address or recital. To convey, give or sell; place into the possession or control of. A wrongful act, used both in tort law and in criminal law. See EX DELICTO; IN DELICTO; IN PARI DELICTO DELINQUENCY [L. delinquere / to fail, commit a crime]

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