Legal Maxims

OVERVIEW

Here in this topic, we are going to see some of the most important legal maxims which will be helpful to understand the law language via legal maxims. So let us see some most important legal maxims with their meanings.

MOST IMPORTANT LEGAL MAXIMS 

1. Ab Initio – From the beginning. 

Explanation: This means that something is valid or applicable from the very start or the beginning.

2. Actionable per se – The very act is punishable, and no proof of damage is required. Explanation: This refers to an action or behavior that is inherently wrong or punishable without needing to prove any specific harm or damage caused.

3. Actio personalis moritur cum persona – A personal right of action dies with the person. 

Explanation: When a person passes away, any personal legal rights they had also cease to exist.

4. Actori incumbit onus probandi – The burden of proof is on the plaintiff. 

Explanation: In a legal case, the responsibility to provide evidence and prove their case lies with the person who initiates the lawsuit (plaintiff).

5. Actus Reus Non-Facit Reum Nisi Mens Sit Rea – Conviction of a crime requires proof of a criminal act and intent. 

Explanation: To be found guilty of a crime, it is necessary to prove both that a wrongful act was committed (actus reus) and that there was a criminal intention or guilty mind (mens rea).

6. Ad hoc – For the particular end or case at hand. 

Explanation: Something done or created specifically for a particular purpose or situation.

7. Alibi – At another place, elsewhere. 

Explanation: The claim or evidence that someone was in a different location at the time a crime was committed, providing them with an alibi or an alternative explanation. 

8. Amicus Curiae – A friend of the court or member of the Bar who is appointed to assist the Court.

Explanation: An individual or organization who is not directly involved in a case but offers their expertise or opinion to the court to provide additional guidance.

9. Ante Litem Motam – Before a suit is brought or before controversy arises.

Explanation: Actions or events that occur before a lawsuit is filed or before a dispute arises.

10. Assentio mentium – The meeting of minds, mutual assent. 

Explanation: When two or more parties have a shared understanding or agreement on a particular matter.

11. Audi alteram partem – No man shall be condemned unheard. 

Explanation: The principle is that everyone has the right to present their side of the story and be heard before any judgment or condemnation is passed. 

12. Bona fide – In good faith. 

Explanation: Acting or behaving sincerely, honestly, and without deceit or ill-intention. 

13. Bona vacantia – Goods without an owner. 

Explanation: Refers to unclaimed property or assets that have no rightful owner. 

14. Boni judicis est ampliare jurisdictionem – It is the part of a good judge to enlarge their jurisdiction. 

Explanation: A competent judge has the authority and responsibility to interpret and apply the law broadly to ensure justice. 

15. Caveat – A caution registered with the public court to indicate that they are not to act in a matter without giving prior notice to the caveator. 

Explanation: A notice or warning registered with the court to prevent any action or decision without notifying the party who issued the caveat. 

16. Caveat actor – Let the doer beware.

Explanation: A warning to the person taking action or initiating a legal process to be cautious and aware of the consequences or potential risks involved. 

17. Caveat emptor – Let the buyer beware. 

Explanation: The principle that places the responsibility on the buyer to be cautious and diligent when making a purchase, as they are responsible for evaluating the quality and suitability of the goods or services. 

18. Caveat venditor – Let the seller beware. 

Explanation: The principle that places the responsibility on the seller to be cautious and honest when selling a product, as they may be held accountable for any defects or misrepresentations. 

19. Certiorari – A writ used to quash orders passed by an inferior court. 

Explanation: A legal writ that allows a higher court to review and potentially overturn the decision of a lower court.

20. Corpus – Body. 

Explanation: Refers to the physical body of a person, often used in legal contexts such as “habeas corpus” (the right to challenge unlawful detention). 

21. Corpus delicti – The facts and circumstances constituting a crime and concrete evidence of a crime, such as a corpse (dead body). 

Explanation: In criminal law, it refers to the concrete evidence or material elements that prove a crime has been committed.  

22. Damnum sine injuria – Damage without injury. 

Explanation: Refers to a situation where harm or damage occurs without any legal injury, meaning that there is no violation of a legal right. 

23. De facto – In fact. 

Explanation: Describes a situation that exists or is true in practice, even if it may not be legally recognized or formally established. 

24. De jure – By law. 

Explanation: Something that is recognized or established by law.

25. De minimis – About minimal things. 

Explanation: Refers to matters or issues that are so insignificant or minimal that they are not considered worthy of attention or legal action.

CONCLUSION

Here we have learned some legal maxims which will be very helpful in understanding them with their meanings. It will help us to understand the legal principles, prepositions, and other meanings of legal maxims. Although there is no ending of legal maxims it is just some for your reference but not all legal maxims have been covered.

REFERENCES

http://student.manupatra.com/Academic/Maxims-and-Phrases/legal-maxims-phrases-judgments.htm