LEGAL MAXIMS
Compiled by
Naman Shrimal
Maxim can be defined as an established principle or proposition. It is a broad proposition (usually stated in
a fixed Latin form), a number of which have been used by lawyers since the 17th century or earlier. Some
of them can be traced to early Roman law. Much more general in scope than ordinary rules of law, legal
maxims commonly formulate a legal policy or ideal that judges are supposed to consider in deciding cases.
Maxims do not normally have the dogmatic authority of statutes and are usually not considered to be law
except to the extent of their application in adjudicated cases.
Sometime we use these maxims without knowing what the actual meaning of it is. Therefore, I have
compiled some of the maxims which a professional should always be aware of, while dealing in day to day
life. These can also be effectively used by the students to catch the eyeballs of a paper checker which
will definitely fetch them more marks then an average student.
1)
AUDI ALTERAM PARTEM (No man shall be condemned unheard)
The term literally means ‘hear the other party”. This maxim is the most commonly used one. It is based
on the principle of natural justice. It means that a person deciding on issue should hear both sides and
give each an opportunity of hearing what is being alleged against him. It has long been an accepted rule
that no one is to be condemned, punished or deprived of property in any judicial or quasi-judicial
proceeding unless he has had an opportunity of being heard.
A decision taken without affording both the parties an opportunity to be heard violates the principles of
natural justice. An award made in violation of the above said rule may be set aside. On laying of charges,
an opportunity to answer it must be given to an individual alleged to have committed an offence.
Sufficient notice also should be given to the person against whom the charge is laid. This rule has a
universal acceptance and is founded upon the plainest principle of justice.
Usage- It was felt that the rule of audi alteram partem was being stretched too far and that some
restriction should be made on the application of the principle.
2)
VOID AB INITIO (Invalid From the beginning)
An agreement is said to be "void ab initio" if it has at no time had any legal validity. A party may be said
to be a trespasser, an estate said to be good, an agreement or deed said to be void, or a marriage or act
said to be unlawful, ab initio.
The illegality of the conduct or the revelation of the real facts makes the entire situation illegal ab initio
(from the beginning), not just from the time the wrongful behavior occurs. A person who enters property
under the authority of law but who then by misconduct abuses his or her right to be on the property is
considered a trespasser ab initio.
Usage- The Agreement was void "Ab Initio"
3) BONA FIDE ( Good faith)
The term means good, honest intention (even if producing unfortunate results) or belief. In law, it is the
mental and moral state of honesty, conviction as to the truth or falsehood of a proposition or body of
opinion, or as to the rectitude or depravity of a line of conduct. The opposite of bona fide is another
frequently used word “Mala fide”
Usage- The directors should act bona fide in the interests of the company, and not for any collateral
purpose.
4)
CONSENSUS AD IDEM (Meeting of the minds )
When two parties to an agreement (contract) both have the same understanding of the terms of the
agreement. It is a phrase in law used to describe the intentions of the parties forming the contract. In
particular it refers to the situation where there is a common understanding in the formation of the
contract. This condition or element is often considered a necessary requirement to the formation of a
contract.Such mutual comprehension is essential to a valid contract. It is provable by the express
provisions of a written contract, without reference to any statements or hidden thoughts outside the
writing.
Usage-There should be consensus ad idem between all the teams of IPL regarding the terms and
conditions.
5)
EJUSDEM GENRIS(Of the same class or kind)
The maxim serves to restrict the meaning of a general word to things or matters of the same genus as the
preceding particular words. According to a well-established rule in the construction of statutes, general
terms following particular ones apply only to such persons or things. Also known as Lord Tenderan’s rule,
this rule provides that where words of specific meaning are followed by general words, the general words
will be construed as being limited to persons or things of the same general kind or class as those
enumerated by the specific words.
Usage- The word in the sentence must be construed by applying the rule of ejusdem generis.
6)
EXPARTE (For one Party)
An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to
be present. Although a judge is normally required to meet with all parties in a case and not with just one,
there are circumstances where this rule does not apply and the judge is allowed to meet with just one
side (ex parte) such as where a plaintiff requests an order or dismissal before the answer or appearance of
the defendant(s).
In addition, sometimes judges will issue temporary orders ex parte (that is, based on one party's request
without hearing from the other side) when time is limited or it would do no apparent good to hear the
other side of the dispute.
Usage- A few days later she regretted her actions and applied ex parte for a residence order
7)
NOSCITUR A SOCIIS (The meaning of a doubtful word may be ascertained by reference to the
meaning of words associated with it).
A man may be known by the company he keeps, and a word is known by the accompanying words. Words
derive colour from the surrounding words. The coupling of words together shows that they are to be
understood in the same sense. Where the meaning of a particular word is doubtful, it may be ascertained
by looking at adjoining words. The meaning of law can be collected by comparing one part with another
and by viewing all the parts together as one whole and not one part only by itself.
8)
EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS (The express mention of one thing implies the
exclusion of another).
It is an ordinary rule that if authority is given expressly, though by affirmative words, upon a defined
condition, the expression of that condition excludes the doing of the act authorised, under other
circumstances than those so defined. Where general words are used in a written instrument, it is sine qua
non, in the first instance, to determine whether those general words are intended to include other
matters besides such as are specifically mentioned, or to be referable exclusively to them, in which latter
case only can this maxim be applied.
9)
PARI PASSU (Equal footstep or equal footing).
It is sometimes translated as "part and parcel," "hand-in-hand," "with equal force," or "moving together”,
and by extension, "fairly," "without partiality." This term is often used in bankruptcy proceedings where
creditors are said to be pari passu which means that they are all equal and that distribution of the assets
will occur proportionately but otherwise without preference between them.
Usage- The obligations of the Guarantor hereunder do rank and will rank at least pari passu in priority
with all other External Indebtedness of the Guarantor, and interest thereon.
10)
PRIMA FACIE (At first view)
Evidence that is sufficient to raise a presumption of fact or to establish the fact in question unless
rebutted. A prima-facie case is a lawsuit that alleges facts adequate to prove the underlying conduct
supporting the cause of action and thereby prevail. Prima facie evidence of a fact, is in law sufficient to
establish the fact, unless rebutted.
Usage- A prima facie case presented to a Grand Jury by the prosecution will result in an indictment.
11)
QUID PRO QUO (what for what or something for something).
The term can be explained as the concept of getting something of value in return for giving something of
value. For a contract to be binding, it usually must involve the exchange of something of value. This term
is typically used in financial circles to describe a mutual agreement between two parties in which each
party provides a good or service in return for a good or service.
Usage- Reducing the charge against you is the quid pro quo for gaining your testimony against him
12) VICE VERSA (The reverse of the previous statement, with the main items transposed).
The term originates as Latin, with the literal translation being 'the other way round' or 'the position
being reversed', but is now fully absorbed into English. The phrase is usually used to imply the
complement of a statement without expressing as much in words.
Usage- Teachers qualified to teach in England are not accepted in Scotland and vice versa