The Law Advice 29 Jul, 2024Jurisprudence
Top 193 Legal Maxims
- A fortiori – With stronger reason. Used to express a conclusion for which there is stronger evidence than for a previously accepted one.
- A posteriori – Based on experience or empirical evidence.
- A priori – Known through logic rather than empirical evidence.
- Ab Initio – From the beginning.
- Actionable per se – The very act is punishable, and no proof of damage is required.
- Actio personalis moritur cum persona – A personal right of action dies with the person.
- Actori incumbit onus probandi – The burden of proof is on the plaintiff.
- Actus me invito factus non est mens actus – An act done by me against my will is not my act.
- Actus non facit reum nisi mens sit rea – An act does not make one guilty unless it is accompanied by a guilty mind.
- Actus reus – Guilty act.
- Actus Reus Non Facit Reum Nisi Mens Sit Rea – Conviction of a crime requires proof of a criminal act and intent.
- Ad hoc – For the particular end or case at hand.
- Ad idem – In agreement. It indicates that the parties to a contract are in agreement about the terms and conditions.
- Alibi – At another place, elsewhere.
- Amicus Curiae – A friend of court or member of the Bar who is appointed to assist the court.
- Animus possidendi – Intention to possess.
- Ante Litem Motam – Before suit brought; before controversy instituted.
- Assentio mentium – The meeting of minds, i.e. mutual assents.
- Assumpsit – He has undertaken or promised. A legal action based on a promise or contract.
- Audi alteram partem – No man shall be condemned unheard.
- Bona fide – In good faith.
- Bona vacantia – Goods without an owner.
- Boni judicis est ampliare jurisdictionem – It is the part of a good judge to enlarge his jurisdiction.
- Caveat – A caution registered with the public court to indicate to the officials that they are not to act in the matter mentioned without first giving notice to the caveator.
- Caveat actor – Let the doer beware.
- Caveat emptor – Let the buyer beware.
- Caveat venditor – Let the seller beware.
- Certiorari – A writ by which orders passed by an inferior court are quashed.
- Chose in action – A personal right to something not in one’s possession, but recoverable by a legal action.
- Communis hostis omnium – They are common enemies of all.
- Contra bonos mores – Against good morals.
- Corpus juris – Body of law. It refers to a comprehensive collection of the laws of a country or a jurisdiction.
- Corpus – Body.
- Corpus delicti – The facts and circumstances constituting a crime.
- Crimen trahit personam – The crime carries the person.
- Culpable – Deserving blame. Being at fault.
- Cui bono – For whose benefit? Used to suggest that the perpetrator of a crime had something to gain.
- Curia advisari vult – The court wishes to consider the matter. Indicates that the court will take time to deliberate before giving its decision.
- Custodia legis – In the custody of the law. Refers to property that is in the control of the legal system.
- Damnum sine injuria – Damages without injuries.
- De facto – In fact.
- De jure – By law.
- De minimis – About minimal things.
- De Minimis Non Curat Lex – The law does not govern trifles.
- De novo – To make something anew.
- Debito justitiae – As a matter of right. Something that is due as a matter of legal entitlement.
- Decretal – A papal decree.
- Del credere – Pertaining to a commission agent who guarantees the creditworthiness of a buyer.
- Delict – A wrongful act or an offense.
- Dictum – Statement of law made by the judge in the course of the decision but not necessary to the decision itself.
- Doli capax – Capable of forming necessary intent to commit a crime.
- Doli incapax – Incapable of crime.
- Detinue – Tort of wrongfully holding goods that belong to someone else.
- Donatio mortis causa – Gift because of death.
- Duces tecum – Bring with you. A type of subpoena that requires the recipient to bring documents to a court proceeding.
- Estoppel – Prevented from denying.
- Ex gratia – As favor.
- Ex officio – Because of an office held.
- Ex parte – Proceedings in the absence of the other party.
- Ex post facto – After the fact. (Retroactively changes the legal consequences of actions.)
- Falsus in uno falsus in omnibus – False in one thing, false in everything.
- Ejusdem generis – Of the same kind. A principle that limits the meaning of general words to things of the same class as those previously mentioned.
- En banc – On the bench. Refers to cases heard by all the judges of a court rather than by a selected panel of judges.
- Erratum – An error. A list of corrections for errors in a published work.
- Ex aequo et bono – According to what is just and good. Decision based on principles of fairness and not strictly on legal rules.
- Ex cathedra – With authority. Refers to statements made by the Pope that are considered infallible.
- Ex delicto – From a wrong. Arising from a tort or a wrong.
- Ex gratia – Out of kindness. A payment made by an employer or insurer without recognizing any liability or legal obligation.
- Ex lege – By law.
- Ex nudo pacto non oritur actio – No action arises from a naked agreement. An agreement without consideration cannot be enforced.
- Ex rel. – On the relation of. Used in the titles of legal actions where the state is the plaintiff but the suit is brought on the complaint of an individual.
- Fatum – Beyond human foresight.
- Factum probandum – The facts that need to be proved.
- Factum probans – Relevant fact.
- Felo de se – Felon of himself. Refers to a person who commits suicide.
- Fieri facias – Cause it to be done. A writ of execution directing a sheriff to take and sell property of a debtor to satisfy a judgment.
- Forum non conveniens – An inconvenient forum. A principle allowing courts to dismiss cases where another court or forum is more appropriate for the case.
- Fructus industriales – Industrial fruits. Crops produced by labor and cultivation.
- Fructus naturales – Natural fruits. Products of the land that are produced without human intervention.
- Fraus est celare fraudem – It is a fraud to conceal a fraud.
- Functus officio – No longer having power or jurisdiction.
- Furiosi nulla voluntas est – Mentally impaired persons cannot validly sign a will, contract, or form the frame of mind necessary to commit a crime.
- Furiosi absentis loco est – A madman is like one who is absent.
- Furiosis furore suo puiner – A madman is best punished by his own madness.
- Furiosis nulla voluntas est – A madman has no will.
- Habeas corpus – A writ to have the body of a person brought before the judge.
- Ignorantia facit doth excusat, Ignorance juris non excusat – Ignorance of fact is an excuse, but ignorance of the law is no excuse.
- Ignorantia juris non excusat – Ignorance of law is not an excuse.
- Injuria sine damnum – Injury without damage.
- Ipso facto – By the mere fact.
- In promptu – In readiness.
- In lieu of – Instead of.
- In personam – A proceeding in which relief is sought against a specific person.
- Innuendo – Spoken words that are defamatory because they have a double meaning.
- In status quo – In the present state.
- Inter alia – Among other things.
- Inter vivos – Between living people.
- Interest Reipublicae Ut Sit Finis Litium – It is in the interest of the state that there should be an end to litigation.
- In camera – In private. A legal proceeding or part of it that is not open to the public.
- In extremis – In extreme circumstances. Refers to situations of extreme urgency or danger, often used in the context of last moments before death.
- In forma pauperis – In the form of a pauper. Permission given by the court for a person to file a case without paying the court fees due to their indigent status.
- In loco parentis – In the place of a parent. A person or institution that assumes parental responsibilities and duties for a minor.
- Inter alia – Among other things. Used to indicate that there are other things involved apart from those mentioned.
- Inter se – Among themselves. Refers to agreements or relationships between parties themselves.
- Ipso jure – By the law itself.
- Jus cogens – Compelling law.
- Jus in personam – Right against a specific person.
- Jus in rem – Right against the world at large.
- Jus naturale – Natural law.
- Jus Necessitatis – A person’s right to do what is required, for which no threat of legal punishment is a dissuasion.
- Jus non scriptum – Customary law.
- Jus scriptum – Written law.
- Jus – Law or right.
- Justitia nemini neganda est – Justice is to be denied to nobody.
- Jus soli – Right of soil.
- Jus sanguinis – Right of blood or descent.
- Lex Fori – The law of the country.
- Lex non a rege est violanda – The law must not be violated even by the king.
- Laches – Unreasonable delay in pursuing a right or claim, causing disadvantage to another.
- Lex loci – The law of the place. The law that governs the location where a transaction or event occurs.
- Lex loci contractus – The law of the place where the contract is made.
- Lex talionis – The law of retaliation. The principle of an eye for an eye.
- Lis pendens – Pending litigation. A notice that a lawsuit has been filed concerning real estate, affecting the title or rights to the property.
- Locus standi – Right of a party to an action to appear and be heard by the court.
- Mala fide – In bad faith.
- Mala praxis – Bad practice. Professional misconduct or negligence.
- Mandamus – We command. A writ issued by a court to compel a public authority to perform a mandatory duty.
- Mise en demeure – Formal notice. A demand to perform a legal obligation, typically sent before taking legal action.
- Malum in se or Mala in se – Wrong or evil in itself.
- Malum prohibitum – Crimes are criminal because they are prohibited by the law.
- Mandamus – A writ of command issued by a higher court to compel the performance of public duty.
- Mens rea – Guilty mind.
- Misnomer – A wrong or inaccurate name or term.
- Modus operandi – Way of working.
- Modus Vivendi – Way of living.
- Mutatis Mutandis – With the necessary changes having been made.
- Nemo bis punitur pro eodem delicto – Nobody can be twice punished for the same offense.
- Nemo debet bis vexari pro una et eadem causa – No man shall be punished twice for the same offense.
- Nemo debet esse judex in propria causa – Nobody can be the judge in his own case.
- Nemo moriturus praesumitur mentire – No man at the point of death is presumed to lie.
- Nemo Potest esse tenens et dominus – Nobody can be both a landlord and a tenant of the same property.
- Nihil dicit – He says nothing. A judgment rendered against a defendant who fails to plead or defend.
- Nisi – Unless. A decree or order that will take effect unless it is successfully challenged within a certain period.
- Nolle prosequi – Unwilling to pursue. A formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit or action.
- Non compos mentis – Not of sound mind.
- Non obstante – Notwithstanding. Used to indicate that a particular clause or statement has a prevailing effect despite contrary provisions.
- Nunc pro tunc – Now for then. A ruling applied retroactively to correct an earlier ruling.
- Nolle prosequi – A formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit.
- Novation – Transaction in which a new contract is agreed by all parties to replace an existing contract.
- Nullum crimen sine lege, nulla poena sine lege – There must be no crime or punishment except in accordance with fixed, predetermined law.
- Nunc pro tunc – Now for then. (Applies retroactively to correct an earlier ruling.)
- Non Sequitur – A statement that does not follow logically from or is not clearly related to anything previously said.
- Alimony – A husband’s (or wife’s) provision for a spouse after separation or divorce; maintenance. Related: What Is the Law Related to Alimony in India?
- Obiter dictum – Things said by the way. It is generally used in law to refer to an opinion or non-necessary remark made by a judge. It does not act as a precedent. In other words, Obiter dictum means “that which is said in passing,” an incidental statement. Specifically, in law, it refers to a passage in a judicial opinion that is not necessary for the decision of the case before the court. Such statements lack the force of precedent but may nevertheless be significant. Source: Britannica. Related: What Is Ratio Decidendi and Obiter Dicta With Differences, Advantages, Disadvantages, and Case Laws?
- Onus probandi – Burden of proof.
- Pacta Sunt Servanda – Agreements must be kept. Or Agreements are legally binding. In international agreements, it means ‘every treaty in force is binding upon the parties to it and must be performed by them in good faith.’
- Palimony – Money which a man pays to a woman with whom he has been living and from whom he is separated. Palimony has slightly different meanings in different jurisdictions.
- Pari passu – With an equal step.
- Particeps criminis – A participator in the actual crime/partner in crime.
- Per curiam (decision or opinion) – By the court. In other words, the decision is made by the court (or at least, a majority of the court) acting collectively.
- Pendente lite – During litigation. Refers to matters that are pending the outcome of a lawsuit.
- Per capita – By the head. Dividing an estate equally among all named beneficiaries.
- Per incuriam – Because of lack of care.
- Per se – By itself.
- Persona non grata – A person who is unacceptable or unwelcome. Opposite of persona non grata is persona grata. Also, in diplomacy, a persona non grata is a foreign person whose entering or remaining in a particular country is prohibited by that country’s government.
- Potior est conditio possidentis – It means in equal fault (better is the condition of the possessor).
- Prima facie – At first sight. Or on the face of it.
- Quantum meruit – What one has earned. Or the amount he deserves. In other words, a reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated (specified, written down) in a legally enforceable contract. Source: Oxford.
- Qui facit per alium, facit per se – He who acts through another acts himself. In simple words, it is a fundamental legal maxim of the law of agency. It is a maxim often stated in discussing the liability of the employer for the act of an employee in terms of vicarious (indirect, secondhand) liability.
- Qui peccat ebrius luat sobrius – He who does wrong when drunk must be punished when sober.
- Qui sentit commodum, sentire debet et onus – It means he who receives advantage must also bear the burden.
- Quid pro quo – Something for something.
- Quo warranto – By what authority. A writ calling upon one to show under what authority he holds or claims a public office.
- Quod necessitas non habet legem or Necessitas non habet legem – Necessity knows no law.
- Ratio decidendi – Principle or reason underlying a court judgment. Or the rule of law on which a judicial decision is based.
- Res ipsa loquitur – The thing speaks for itself. Related: What Is Res Ipsa Loquitur?
- Res judicata – A matter already judged. In other words, it means a matter finally decided by a competent court on the basis of merits. Related: Res Judicate Is Based On 3 Maxims. Related: Res Judicata vs Res Sub Judice.
- Res judicata pro veritate accipitur – It means that a judicial decision must be accepted as correct.
- Respondeat superior – Let the master answer. For example, there are circumstances when an employer is liable for acts of employees performed within the course of their employment. This rule is also called the master-servant rule. Or let the principal answer. In other words, it means to hold the employer or the principal legally responsible for the wrongful acts of an employee or agent committed within the scope of the employment or agency.
- Rex non protest peccare – The king can do no wrong.
- Salus populi est suprema lex or Suprema lex salus populi – The welfare of the people is the supreme law. In other words, it means public welfare is the highest law.
- Sine die – With no day (indefinitely).
- Sine qua non – “Without which nothing.” An essential condition. A thing that is absolutely necessary. Basically a component of an argument that, if debunked, causes the entire argument to crumble.
- Suo Motu – On its own motion.
- Status quo – State of things as they are now.
- Uberrima fides (sometimes uberrimae fidei) – Utmost good faith.
- Ubi jus ibi remedium – Where there is a right, there is a remedy.
- Veto – Ban or order not to allow something to become law, even if it has been passed by a parliament.
- Vice versa – Reverse position.
- Vis major – Act of God.
- Volenti non fit injuria – Damage suffered by consent gives no cause of action. Or harm caused with consent cannot be considered an injury. In other words, if someone willingly places himself in a position where he knows that harm might result, then he is not able (allowed) to bring a claim against the other party in tort or delict (a violation of the law). Related: What Is Volenti Non-Fit Injuria Under the Law of Torts?
- Vox populi – Voice of the people. Or the opinion of the majority of the people.
- Waiver – Voluntarily giving up or removing the conditions.