Weaver v' Ward

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Weaver v. Ward

• Latin Jargon Explained

Martha Judys Torts, Section D Hanne Walker, Josh
Adams, Maria Portuondo, and Sara
Sipahioglu Presentation Available at
www.joshadams.biz
2
Agenda

• Summary of case
• Critical non-Latin terms
• Translations of Latin phrases
• Context of phrase usage
• Why so much Latin?

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Summary of Case
Weaver and Ward, soldiers both, were performing a
military exercise in London. Ward accidentally
shot and injured Weaver. Weaver sued Ward for
trespass and won.
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Critical non-Latin Terms
Trespass wrongful conduct causing harm to
another, a willful act or active negligence as
distinguished from a mere omission of a duty that
causes an injury to or invasion of the person,
rights, or esp. property of another FN1
Comment Today, we might call this a tort.
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Critical non-Latin Terms
Felony a crime that has a greater punishment
imposed by statute than that imposed on a
misdemeanor Originally in English law a felony
was a crime for which the perpetrator would
suffer forfeiture of all real and personal
property as well as whatever sentence was
imposed. FN2
Comment Weaver did not sue Ward for felony, nor
perhaps could he have. The term is important,
however, because the court distinguishes trespass
and felony.
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in re militari

• they were skirmishing with their musquets
  charged with powder for their exercise in re
  militari
• Translation regarding the military or regarding
  the soldierly FN3

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in re militari

• Context The plaintiff and defendant were
  skirmishing as part of their soldierly duties,
  not for fun or any other reason. If Ward had been
  shooting his musket for kicks, liability would
  have been more clear.

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casuliter per infortunium contra voluntatem
suam

• and as they were so skirmishing, the defendant
  casualiter per infortunium contra voluntatem
  suam did hurt and wound the plaintiff.
• Translations
• casualiter by accident
• per infortunium by accident, misfortune
• contra voluntatem suam against his free will
• FN5

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casuliter per infortunium contra voluntatem
suam

• Context The defendant shot the plaintiff
  accidentally. Ward did not intend to shoot
  Weaver. He probably would have preferred not to.

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animo felonico

• felony must be done animo felonico yet in
  trespass, which only tends to give damages
  according to hurt or loss, it is not so
• Translation with felonious intent FN6

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animo felonico

• Context Court says felony must be done with
  felonious intent. Court is distinguishing
  between felony, of which it says Ward is not
  guilty due to lack of intent, and trespass, of
  which it says Ward is guilty.

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prout ei bene licuit

• and therefore no man shall be excused of a
  trespass (for this is the nature of an excuse,
  and not of a justification, prout ei bene
  licuit)
• Translation just as well that it be lawful,
  permitted FN7-10

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prout ei bene licuit

• Context Not clear what the it refers to.
  Perhaps the court is saying that a justification
  is permitted. In this case, the court accepts
  Wards justification for shooting Weaver that he
  was engaged in a military drill thus he is not
  guilty of a felony. The court does not accept
  this as an excuse with regards to the trespass,
  however.

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Why So Much Latin?

• Some Latin phrases, such as stare decisis, are
  useful shorthand for complex concepts.
• English only became the official written language
  of England in the 14th century. FN11 Phrases
  like contra voluntatem suam are a vestige of
  earlier times when Latin was dominant.

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Footnotes

• http//dictionary.lp.findlaw.com/scripts/results.p
  l?codictionary.lp.findlaw.comtopice0/e0fd48e392
  579dd66b1b06e7bf5b0c55
• http//dictionary.lp.findlaw.com/scripts/results.p
  l?codictionary.lp.findlaw.comtopic93/93777dfda6
  e5e9d425e8b33d123ae949
• Stone, Jon R.  Latin For The Illiterati
  Ecorcizing the Ghosts of a Dead Langage.
  Routledge New York,  1996.
• Ibid.
• Ibid.
• http//www.landlords-tenants.com/dictionary/latin.
  asp?wordstranimofelonico
• http//humanum.arts.cuhk.edu.hk/Lexis/Latin/
• http//ancienthistory.about.com/cs/latin/qt/latinp
  erspronou.htm
• http//humanum.arts.cuhk.edu.hk/Lexis/Latin/
• http//www.textkit.com/vocabulary/learn-word/lesso
  n_id/1/voc_id/1412.html
• http//www.wsu.edu8080/dee/MA/ENGLAND.HTM