Legal Definitions - haec verba

Haec verba is a Latin phrase that translates to "these words." In legal terms, it refers to the act of quoting or reproducing text *exactly* as it was originally written or spoken, word for word, without any changes, omissions, or additions. When a document or statement is incorporated or cited "haec verba," it signifies an absolute, verbatim reproduction of the original language, emphasizing precision and authenticity.

• Example 1: Contractual Agreements

  In a complex business merger, the new acquisition agreement might state that a specific indemnification clause from a previous, separate licensing agreement between the two companies is incorporated haec verba. This means the exact wording of that indemnification clause, including all its specific terms and conditions, is copied directly into the new merger agreement without any alterations.

  This illustrates "haec verba" because it ensures that the precise legal obligations and protections established in the original clause are carried over identically into the new contract, preventing any potential misinterpretation that could arise from paraphrasing.

• Example 2: Legal Pleadings and Briefs

  A lawyer drafting a motion to dismiss a lawsuit might quote a specific section of a relevant statute or a key holding from a binding appellate court decision haec verba. For instance, the brief might state, "As the Supreme Court held in Smith v. Jones, 'A party must demonstrate actual harm to establish standing.'"

  This demonstrates "haec verba" by presenting the exact language of the law or precedent. By quoting verbatim, the lawyer ensures the court understands the precise legal authority supporting their argument, leaving no room for doubt about the original text's meaning.

• Example 3: Legislative and Regulatory Drafting

  When a state legislature is drafting a new consumer protection law, it might decide to adopt certain definitions or procedural requirements from an existing federal regulation haec verba. For example, the new state law could specify that "the definition of 'unfair trade practice' shall be adopted haec verba from Section 5 of the Federal Trade Commission Act."

  This shows "haec verba" in action by directly incorporating established language from another legal source. This approach ensures consistency between state and federal law, avoids creating conflicting definitions, and leverages existing, well-understood legal terminology without needing to rephrase it.