Animo
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Animo is a Latin legal term meaning 'with intention' or 'with purpose'.[1]
Animo can be neutral or negative, "a double edged sword," but is more often negative - and rarely positive.[2] It was formerly used only in criminal law, but later in tort cases, which was used by juries to determine "ill will" of the defendant, as in 'animosity'.[2]
A number of Latinisms developed: animo furandi (intent to steal), animo felonico (intent to commit a felony), and animo defamadi (intent to defame).[2] These were all negative, but neutral forms arose in estate law: animo testandi (animus testandi or testamentary intent) and animo revocandi (intent to revoke a will).[2] Additional Latinisms include animo manendi (intent to remain) and animo revertendi (intent to return),[3] which are essential elements of domicile.
Animus nocendi, derived from the word, is still used to describe the intent to commit a crime, and animus donandi to show the intent to give a gift or bequest.[4]
References
[edit]- ^ Animo, US Legal
- ^ a b c d Garner, Bryan (2021). A Dictionary of Modern Legal Usage. p. 59. Retrieved March 13, 2025.
- ^ Butt, Peter (2021). The Lawyer’s Style Guide: A Student and Practitioner Guide. p. 57. Retrieved March 13, 2025.
- ^ Fellmeth, Aaron Xavier; Horwitz, Maurice (2009). Guide to Latin in International Law. Oxford University Press. pp. 32, 192. ISBN 978-0-19-536938-0. Retrieved March 13, 2025.
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