legalis homo (l[schwa]-gay-lis hoh-moh). [Latin “lawful man”] Hist. A person who has full legal capacity and full legal rights; one who has not been deprived of any rights in court by outlawry, excommunication, or infamy. • A legalis homo was said to stand rectus in curia (“right in court”). A lawful man was able to […]
nihil novit (nI-hil noh-vit). [Law Latin] Scots law. He knew nothing. • The phrase appeared in reference to a defendant’s oath denying any knowledge of the matter in issue. “[A] defender may swear that he knows nothing of the matter referred, and so obtain absolvitor; but such an answer would not avail any defender in
non memini (non mem-[schwa]-nI). [Law Latin] Scots law. I do not remember. • The phrase appeared in reference to an oath in which one person swore no remembrance of a transaction. “Where a party to whose oath the resting-owing of a debt, or a payment, is referred, swears that he does not remember receiving the
preferring of charges. Military law. The formal completion of a charge sheet, which includes signing and swearing to the charges and specifications. • Only a person subject to the Uniform Code of Military Justice can prefer charges. Cf. INITIATION OF CHARGES. [Cases: Armed Services 47(2); Military Justice 951. C.J.S. Armed Services § 164; Military Justice
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conjurator (kon-j[schwa]-ray-t[schwa]r). Hist. A person who swears an oath with others; a coconspirator.
wager of law. Hist. A method of proof in which a person defends against a claim by swearing that the claim is groundless, and by enlisting others (compurgators) to swear to the defendant’s credibility. — Also termed gager del ley (gay-j[schwa]r del lay); vadiatio legis (vad-ee-ay-shee-oh lee-jis). See COMPURGATION.
usher, n. English law. A court officer responsible for maintaining silence and order in some English courts, swearing in jurors and witnesses, and aiding the judge.
perjury (p[schwa]r-j[schwa]r-ee), n. The act or an instance of a person’s deliberately making material false or misleading statements while under oath. — Also termed false swearing; false oath; (archaically) forswearing. [Cases: Perjury 1. C.J.S. Perjury §§ 2–3, 5–8, 21.] — perjure (p[schwa]r-j[schwa]r), vb. — perjured (p[schwa]r-j[schwa]rd), perjurious (p[schwa]r-juur-ee-[schwa]s), adj. — perjuror (p[ schwa]r-j[schwa]r-[schwa]r), n.
ad libitum (ad lib-i-t[schwa]m), adv. [Law Latin] At pleasure. • The modern term ad-lib (adj. & vb.), borrowed from drama and music, is essentially the same; it means “at the performer’s pleasure,” and allows the performer discretion in innovating a part impromptu. “[B]ut in actions where the damages are precarious, being to be assessed ad
earmark, n. 1. Originally, a mark upon the ear — a mode of marking sheep and other animals. [Cases: Animals 5. C.J.S. Animals § 15.] “When now-a-days we say that ‘money has no ear-mark,’ we are alluding to a practice which in all probability played a large part in ancient law. Cattle were ear-marked or