Firstly, legal terms are customary expressions used by those dedicated to legal careers. However, they are also expressions that bring an identity to the field of Law.
Indeed, it is common for these terms to be beyond the comprehension of everyone. However, it is undeniable that for a lawyer to keep up with the dynamics of daily legal practice, they need to be familiar with the most commonly used legal terms.
To be precise, many of these terms have their origin in Latin. Others, despite their Brazilian origin, remain somewhat incomprehensible, as they are terms created to identify phases, procedures, and actions specific to the legal profession.
What are the most commonly used legal terms by lawyers?
Below are some of the most commonly used legal terms in Latin by lawyers.
EX NEVER
It is a procedural expression that literally means "from now on".
This expression refers to actions that only produce effects from the moment they are created. They do not affect previous situations and, therefore, are not retroactive.
EX TUNC
On the other hand, this expression means exactly the opposite of ex nunc and means "since then".
This refers to actions that have retroactive effects , capable of affecting past situations and modifying them.
BIS IN IDEM
Literally, this legal term, predominantly found in the criminal sphere, means "twice the same."
This term refers to the repeated attribution of the same fact/reason to a person, which is prohibited by law.
DATA VENIA
Literally, data venia means "with permission" or " with due respect ".
It is a legal term used to politely express a dissenting opinion held by another party.
A QUO/AD QUEM
Legal terms frequently used to identify courts at the appellate level, as they refer respectively to the court from which the case originates and the court to which the case is referred for review.
Now, we will look at some of the most commonly used Brazilian legal terms in a lawyer's daily work .
RES JUDICATA
In law, res judicata means any outcome that renders a judgment immutable and indisputable. That is, once a claim has been judged, no further appeal is possible that could modify it.
LOSING PARTY
Legal term used to refer to the loss of a claim due to a court decision that was unfavorable to one of the parties.
JURISPRUDENCE
These are decisions that have been issued multiple times , in the same vein, by the courts.
Also check out the article on What is jurisprudence: it reveals everything about it.
INJUNCTION
It is a form of anticipating a court decision on a provisional basis.
The granting of a preliminary injunction in a lawsuit is triggered by the danger of delay in a final decision and the likelihood of the right being upheld.
JUDGMENT
It is a legal term used to refer to decisions made by a group of judges; therefore, it is called a collegial decision.
Final considerations on legal terms.
In light of the above, it is clear that some of the main legal terms used by lawyers have been revealed, and it is evident that these terms impose an identity on the field of Law through a unique vocabulary.
Therefore, while it is essential for a lawyer to be aware of the meaning of the most common legal terms in their daily work, it is necessary to know how to carefully consider the use of legal terms in their relationship with clients, so as not to impair communication.
