Latin Legal Terms

Actus reus refers to the external, physical element of an offence: the prohibited conduct, together with any required circumstance or consequence defined by the crime. In South African criminal law, liability generally r

In South African criminal law, culpa incapax refers to the rebuttable presumption that a child of a certain age lacks criminal capacity and cannot be held criminally responsible unless the State proves capacity. The conc

Mala fide, which translates as 'dishonestly or unfairly' in English, refers to a party's intention or behavior that is not in good faith. In the context of South African law, this term is often used in contract law and d

Mens rea refers to the fault element of an offence: the accused’s state of mind when committing the prohibited act. In South African criminal law, liability generally requires both unlawful conduct and fault, usually in

In South African law, prima facie refers to evidence or a case that is sufficient on its face to establish a fact or support a claim unless it is rebutted. It does not mean conclusive proof, but rather a threshold showin

Stuprum is a Roman-law term referring to unlawful or disgraceful sexual intercourse, historically used to denote illicit sexual conduct falling short of rape but still recognised as an injury or wrong. In South African l