Important Legal Maxims-Part-1
https://t.me/CLAT_Exam
1
ab initio
From the beginning or inception. From the first act. Is used quite often in
the fields of research and studies. However, in Law, its contractual
deviation would be in terms of extortion, minor agreements etc. It leads
us to believe that the validity of agreements can be decided in the very
beginning.
2
actio personalis
moritur cum
persona
A personal right of action dies with the person. This must be understood
of an action for a tort only.
3
actionable per se
The very act is punishable and no proof of damage is required.
4
actori incumbit
onus probandi
The burden of proof is on the plaintiff. The burden of proof is an essential
requisite to a party in a trial to produce evidence that will shift the blame
or conclusion away from the current defaulting position to one's own
position. We can consider the examples of reasonable suspicion, reasons
to believe otherwise, probable cause for arrest, credible evidences, etc are
necessary for determining the guilt of a person. For example, in Criminal
cases, the burden of proof always lies on prosecution subject to certain
exception whereas, in civil cases plaintiff has the burden of proving his
case by preponderance of evidence.
5
actus reus
“guilty act” A guilty deed or act. The offence of which the defendant is
accused
actus reus non
facit reum nisi
mens sit rea
"an act does not make a person guilty unless (their) mind is also guilty";
hence, *Actus Reus (“guilty act”) and the * mens rea (“guilty mind”).
Most criminal offences require an actus reus (conduct “external” to the
defendant's thoughts and intentions) and a mens rea (a specific state of
mind on the part of the accused). This maxim applies only to criminal
cases. A person will not be guilty without criminal intent. The intent and
act must both concur to constitute the crime. An act is intentional if it
exists in idea before it exists as a fact.
Ad coelum
To the Sky. up to the heavens: as far as heaven - referring to a rule in law
that the owner of land owns the air space above it indefinitely upward the
Swiss Government announced that it adopted the principle of territoriality
usque ad coelum.
8
ad hoc
For this. For this special purpose. For the particular end or case at hand.
Ad hoc decisions are made when a situation demands, Ad hoc committees
are formed to address a particular issue; Ad Hoc meetings take place to
discuss specific matters.
9
ad infinitum
ad- till Forever, without limit, to infinity. Describes an event apparently
continuing without end. Example: The TV serial seems to continue day
after day ad infinitum
10
aid and abet
To assist in the performance of a crime either before or during (but not
after) its commission. Aiding usually refers to material assistance (e.g.
providing tools for the crime). And abetting to lesser assistance (e.g.
acting as a look out or driving a car to the scene of the crime). Aiders and
abettors are liable to be tried as accessories. Mere presence at the scene of
a crime is not aiding and abetting the prosecution must prove that the
defendant had knowledge that he was assisting the principal in the
commission of the crime.
11
alibi
a claim or piece of evidence that one was elsewhere when an act,
typically a criminal one, is alleged to have taken place. "she has an alibi
for the whole of yesterday evening"
6
7
1
Important Legal Maxims-Part-1
https://t.me/CLAT_Exam
alimony
a husband's (or wife's) provision for a spouse after separation or divorce;
maintenance.
amicus curiae
A friend of court or member of the Bar who is appointed to assist the
Court, when it is doubtful or mistaken of any fact or decided case. A
neutral party who does not represent any individual party in the case who
will be asked by the court to make representation from an independent
view point.
14
animus nocendi
Intention to harm. The subjective state of mind of the author of a crime,
with reference to the exact knowledge of illegal content of his behaviour
and of its possible consequences. (mens reus) the state of mind of the
accused as relates to the person’s knowledge of the fact he is committing
a crime. I.e. the person knows the law forbids the action, appreciates what
the outcome of the action will be, and specifically intends to break the
law.
15
animus possidendi
An intention to possess is the other component of possession. All that is
required is an intention to possess something for the time being. In
common law countries, the intention to possess a thing is a fact.
16
assentio mentium
The meeting of minds, i.e. mutual assent regarding the terms and
conditions of the contract.
17
audi alteram
partem
Nobody should be condemned unheard. Hear the other side. Each party
will be given an opportunity to defend themselves against the evidences
provided by the opposition. It is a principle of fundamental justice.
Autrefois acquit
‘formerly acquitted’ Section 300 of the Criminal Procedure Code
provides a statutory right to not be tried for the same offence in which he
has been acquitted if no new important fact indicating his guilt has come
to light.
Usage: A plea of autrefois acquit is not as strong a defence in India as that
of autrefois convict
19
autrefois convict
Formerly or previously convicted. plea of autrefois convict means that a
person cannot be tried for an offence for the reason that he has been
previously been convicted in an offence and the same can be combined
with the plea of not guilty.
20
bona fide
Sincere, in good faith. A Bona Fide Agreement is one entered into
genuinely without attempt to fraud
bona vacantia
Goods without an owner. (Latin for "ownerless goods") is a legal concept
associated with property that has no owner. A situation where a certain
amount of goods is unclaimed over a period of time. No ownership is
claimed over those goods or property. When such a situation arises then
the goods or the property goes to the government and the government
serves as the custodian of those goods or property.
22
caveat
[kav-ee-aht]
warning. A caution registered with the public court to indicate to the
officials that they are not to act in the matter mentioned in the caveat
without first giving notice to the caveator. An entry in the court records
that effectively prevents action by another party without first notifying
the party entering the Caveat.
23
caveat actor
Let the doer beware.
caveat emptor
Let the buyer beware; a warning to buyers to check for themselves
things which they intend to buy, so they cannot later hold the
vendor responsible for the faulty condition of the item. The Sale of
Goods Act, 1980 extends the rights of consumers in this area.
12
13
18
21
24
2
Important Legal Maxims-Part-1
https://t.me/CLAT_Exam
25
26
caveat venditor
certiorari
Let the seller beware.
A writ by which orders passed by an inferior court is quashed.
27
corpus
28
corpus delicti
29
corpus juris
Body. a collection of written texts, especially the entire works of a
particular author or a particular subject. – corpus of money
Body of crime'. which means that before the conviction of a person
accused of a committing a crime, the criminal act in itself must be proved.
The criminal act must be proven to have taken place before holding the
accused guilty. For example, in order for a person to be tried for arson, it
must be proven beyond reasonable doubt that a criminal act resulted in
the burning of that property. All Corpus delicti requires at minimum the
occurrence of the specific injury and some intentional, knowing /
foreseeable act as the source of the injury.
Body of law or of civil law. The complete collection of laws of a
particular jurisdiction or court.
30
damnum sine
injuria
Damage without legal injury
31
de fact
persons with whom he contracts to carry out their contracts
32
de facto
describes practices that exist in reality. Existing in actuality, especially
when contrary to or not established by law.
33
de jure
by law, as a matter of right. What is supposed to be “I know that, de jure,
this is supposed to be a parking lot, but now that the flood has left four
feet of water here, it’s a de facto swimming pool.”
34
de minimis
About minimal things.
35
de minimis lex non
curat or de
minimis non curat
lex
"the law cares not for small things." The law does not govern trifles
(unimportant things) or law ignores insignificant details. Or A common
law principle whereby judges will not sit in judgment of extremely minor
transgressions (offence, wrong doings) of the law.
36
de novo [adverb]
To make something a new – “From the beginning", a new trail ordered
when the previous one failed to reach a conclusion.
37
detinue
Tort of wrongfully holding goods which belong to someone else.
38
dictum
Statement of law made by judge in the course of the decision but not
necessary to the decision itself.
39
doli incapax
Incapable of guilt / crime (minor). Presumption that young children or
persons with diminished mental capacity cannot form the intent to
commit a crime.
40
donee
Beneficiary of a trust or person given a power of appointment.
41
ejusdem generis
Of the same class, or kind. Known as a "canon of construction", it states
that when a limited list of specific things also includes a more general
class, that the scope of that more general class shall be limited to other
items more like the specific items in the list.
42
43
estoppel
ex facie
Prevented from denying.
On the fact of it.
44
ex officio
by virtue of office (ex- ‘out of’) Because of an office held. Something
done or realized by the fact of holding an office or position.
45
ex parte
Proceeding brought by one person in the absence of another. An ex parte
application is made to the Court during proceedings by one party in the
absence of another or without notifying the other party.
3
Important Legal Maxims-Part-1
https://t.me/CLAT_Exam
46
ex post facto
By reason of a subsequent act. Something that occurs after the event but
having a retrospective effect. By reason of a subsequent act. After the fact
or out of the aftermath. It is a law that retroactively changes the legal
consequences (or status) of actions that were committed, or relationships
that existed, before the enactment of the law. In criminal law, it may
criminalise actions that were legal when committed; it may aggravate a
crime by bringing it into a more severe category than it was in when it
was committed; it may change the punishment prescribed for a crime, as
by adding new penalties or extending sentences; or it may alter the rules
of evidence in order to make conviction for a crime likelier than it would
have been when the deed was committed.
47
ex turpi causa non
oritur actio
No action arises from an illegal act, out of a wrongful consideration. from
a dishonourable cause an action does not arise
48
factum
An act or deed. Work, accomplishment, achievement, dealing,
accomplishing, exploit and feat.
49
faux pas
[foh pah]
Tactless mistake. Social Blunder.
50
felonia implicatur
in qualibet
proditione
Felony is implied in every treason.
51
habeas corpus
Produce the body. A writ which directs a person to produce someone held
in custody before the court. A writ (court order) that commands an
individual or a government official who has restrained another to produce
the prisoner at a designated time and place so that the court can determine
the legality of custody a to order the prisoner's release.
52
ignorantia facti
excusat
Ignorance of fact can be excused.
53
ignorantia juris
non excusat
Ignorance of fact may excuse, but not ignorance of law cannot be
excused. If committing an offence, a guilty party cannot use as a defence
the fact that they did so without knowledge that they were breaking the
law
54
ignorantia juris,
quod quisqueles,
scire tenetur
neminem excusat
Ignorance of Law is no excuse.
55
56
in lieu of
in limine
Instead of.
At the outset, on the threshold.
57
in pari delicto
"in equal fault (better is the condition of the possessor)", is a legal term
used to indicate that two persons or entities are equally at fault, whether
the malfeasance in question is a crime or tort.
58
In Pari Materia
Upon the subject
In modern context: Used to refer to statutes which were enacted at
different times but pertaining to the same subject or object.
Usage: The two statutes are in pari material as they both share the same
object, thus both statutes must be interpreted in light of each other.
59
in personam
A proceeding in which relief I sought against a specific person. “Contract
law has relief in personam and tort has relief in rem (against world).”
60
61
in pleno
in promptu
In full.
In readiness.
4
Important Legal Maxims-Part-1
https://t.me/CLAT_Exam
62
in rem
Against the whole world
63
in situ (adv and
adj)
In its place, original situation. “The archaeologists were able to date the
vase because it was found in situ.” “An in situ cancer confined to the
breast duct.”
64
in status quo
In the present state.
65
injuria sine damno
Violation of a legal right without causing any harm, loss or damage to the
plaintiff. It is just reverse to the maxim "damnum sine injuria".
66
injuria sine
damnum
Damages without injury or damages in which there is no infringement of
legal right. Since there is no infringement of legal right so no cause of
action arises in the cases of damnum sine injuria.
67
inter alia
Amongst other things. Indicates that the details given are only an extract
from the whole
68
inter vivos
Between living people. (especially of a gift as opposed to a legacy)
69
interest
reipublicae ut sit
finis litium
It means it is in the interest of the state that there should be an end to
litigation.
70
intra vires
Within the power of; An act that fails within the Jurisdiction of the Court.
71
ipso facto (adverb)
By that very fact. By the fact the reliance upon facts that together prove a
point. Any act that may be done for this purpose is to be, ipso facto, null
and void. “Possession of a vehicle's registration document is not ipso
facto (by that fact alone) evidence of ownership.”
72
jus cogens
Fundamental principles of International Law.
73
jus gentium
law of nations; is a concept of international law within the ancient Roman
legal system and Western law traditions based on or influenced by it.
74
jus naturale
75
lex fori
Natural law/Natural justice. Or in other words, A system of law based on
fundamental ideas of right and wrong that is Natural Law.
Law of the forum. It is used to indicate that the law applicable must be
that of the Country (or State jurisdiction) where the suit is brought and
not that of Country where the act was committed. The term is relevant in
International law matters where act was committed in one country but
case is being bought in another country. Lex Fori will govern the
procedural aspects of how the court operates while the substantial rights
of the parties will be determined as per law of the country where the act
was committed.
76
lex loci
Law of the Land. In modern context it is used to indicate that the law
applicable to a party will be the law of the country (or state or
jurisdiction) in which a crime or tort was committed, contract was entered
into, or a property is situated. The parties must be competent according to
the lex loci contractus, or the law where the contract was Concluded.
77
lis pendens
A pending suit
78
locus standi (n)
Right to be heard in court. The Right of a party to an action to appear and
be heard by the court. right to participate in process. “He does not have
locus standi to bring this case.”
79
80
mala fide
mala in se
In bad faith. (fide- faith)
Bad in themselves.
5
Important Legal Maxims-Part-1
https://t.me/CLAT_Exam
81
Malus animus
“Evil intention.”The intention to do harm; the intention to commit an
illegal or immoral act.“Where one person has acquired property in
consequence of his fraud upon another. Equity converts him into a
constructive trustee, for the benefit of the person who has been injured by
the fraud.” Compare with Animus nocendi ..
82
malus usus est
abolendus
An evil custom is to be abolished.
83
mandamus
We command'. A writ of command issued by a Higher Court to
Government/Public Authority, to compel the performance of a public
duty. Superior jurisdiction that commands an inferior tribunal/court to
perform, or refrain from performing, a particular act, the performance of
which is required by law as an obligation.
84
mens rea
Guilty state of mind. The intention to commit an offence whilst knowing
it to be wrong
85
modus operandi
(n)
Way or method of working / doing things. was to do things through quiet
persuasion, which was his modus operandi (modus- mode operandioperation)
86
nemo bis punitur
pro eodem delicto
Nobody can be twice punished for the same crime or offence or
misdemeanour
87
nemo debet esse
judex in propria
sua causa
No one can be a judge in his own cause.
88
nemo judex in
causa sua
No one shall be a judge in his own case.
non sequitur
A conclusion or statement that does not logically follow from the
previous argument or statement or an inconsistent statement (such as a
response) that does not follow logically from or is not clearly related to
anything previously said.
89
90
obiter dictum
91
pacta sunt
servanda
[a remark in passing] Something said by a judge while giving judgment
that was not essential to the decision in the case. It does not form part of
the "ratio decidendi" of the case and therefore creates no binding
precedent, but may be cited as persuasive authority in later cases.
Agreements must be kept. Or Agreements are legally binding. A
fundamental principle of law. In its most common sense, the principle
refers to private contracts and prescribes that the provisions, i.e. clauses,
of a contract are law between the parties to the contract, and therefore
implies that neglect of their respective obligations is a violation of the
contract. 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.'
92
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 meaning in
different jurisdiction.
93
pari passu
With/On an equal step/footing.
94
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. (of an opinion or decision) by
the court as a whole rather than in the name of a particular judge:
95
per incuriam
Through lack of care. By mistake, through lack of due regard to the law
or the facts.
6
Important Legal Maxims-Part-1
https://t.me/CLAT_Exam
per se
By itself taken alone
97
persona non grata
(adj)
A person who is unacceptable or unwelcome. 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. “The
Indian Ambassador was a persona non grata in Pakistan during the Kargil
war.” Opposite of persona non grata is persona grata.
98
prima facie
On the face of it. First sight. Prima Facie evidence would be considered
sufficient to prove a case unless disproved - if no Prima Facie evidence
can be offered there is no case to answer
99
pro rata
In proportion. Dividends distributed on a Pro Rata basis would be
according to the amount of investment.
96
100 puisne mortgage
101 punctum temporis
102 quantum meruit
103
quantum
ramifactus
Second mortgage
Meaning: A point of time; an indivisible period of time. Usage: We can
only attempt to grasp the idea that such a punctum temporis in life is
inevitable.
As much as deserved. 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.
Meaning: The number of damages suffered. Usage: in civil cases
Quantum Ramifactus are decided by the court.
qui facit per alium
104
facit per se
He who acts by or through another, acts for himself. A person who does a
thing through the instrumentality of another, is held as having done it
himself. Example: In discussing the liability of employer for the act of
employee in terms of vicarious (indirect, second hand) liability.
105 quid pro quo (n)
Consideration. What for what or Something for something. Action done
in return for something done/promised. “It was a quid pro quo, his money
and my time.” “In politics nobody does something for nothing: there's
always a quid pro quo involved.”
106 quo warranto
By what authority. A writ (legal proceeding) calling upon one to show
under what authority he holds or claims a public office or government’s
privilege is challenged.
107 raison d'être
the most important reason or purpose for someone or something's
existence. "seeking to shock is the catwalk's raison d'être"
108 ratio decidendi
Reason for deciding the main part of judgement. The principles of law
applied by a Court upon which a judicial decision is based. Principle or
reason underlying a court judgement or The rule of law on which a
judicial decision is based.
109 res ipsa loquitur
110 res judicata
111
respondeat
superior
Things speak for themselves, and there is no need of any proof. facts
speak for themselves. An event that has occurred which, if the subject of
litigation, would not require an onus of proof by the plaintiff because of
the obvious negligence of the defendant.
A matter already judged. A case which has already been decided. A thing
adjudged is accepted for the truth. Once a case has been finally decided
upon by a Court the same parties cannot attempt to raise the issue by or
during further proceedings
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.
7
Important Legal Maxims-Part-1
112
salus populi est
suprema lex
https://t.me/CLAT_Exam
The welfare of the people is the supreme law [salus roman goddess of
safety and well-being.] Salus-welfare
113 se defendendo
In self-defence.
sine die [adv]
114 [sahy-nee dahyee]
Indefinitely. for infinite period. “Without a fixed day, the meeting was
adjourned sine die.” Sine- without (without future date). A hearing
adjourned sine die stands open indefinitely without a further hearing
having been allocated.
115 sine qua non
116 status quo
117 status quo [n]
118 sui generis
119 suo motu
120 tabula rasa
"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. an essential step.
“Consensus ad idem is a sine qua non for a valid contract.” “Reliability is
a sine qua non for success.”
The existing state of things at any given date
State of things as they are now. [let’s not disrupt the status quo] the state
in which
unique- of it’s own kind – “Bengal tigers are sui generis of WB”
On its own motion.
(Latin: “scraped tablet”—i.e., “clean slate”) in epistemology (theory of
knowledge) and psychology, a supposed condition that empiricists have
attributed to the human mind before ideas have been imprinted on it by
the reaction of the senses to the external world of objects.
121 turpis arbiter
Meaning: Corrupt Judge. Usage: Such turpis arbiter are very bad for the
legal system of a country.
122 Turpis Causa
Immoral Cause. In modern context: Used to refer to immoral, illegal or
base considerations underlying a contract which will have the effect of
rendering the contract void (not binding between the parties).
Usage: The contract was for the purpose of paying bribe to a public
servant and thus is turpis causa.
Uberrima fides
123 (sometimes
uberrimae fidei)
Of utmost good faith.
124
ubi jus, ibi
remedium
Where there is a right, there is a remedy. There is no wrong without a
remedy.
125 ultra vires
Beyond the power, Outside the powers. An act that falls outside or
beyond the jurisdiction of the court
126 veto
Ban or order not to allow something to become law, even if it has been
passed by a parliament
127 vice versa [adv]
vicis, which means “a change,” “an alteration,” or “a succession,” but also
“a place” or “a position.” Versa comes from versus, which means “to
turn.” "The other way around". Reverse position. with the order changed:
with the relations reversed. Conversely. “The students are here to learn
from the students, and vice versa.” “I don't like Bill, and vice versa.”
“There are times when I’m really happy and I write something really sad,
and vice versa.”
vigilantibus et non
128 dormientibus, jura
subveniunt
Law helps those who are watchful and vigilant with their rights and not
those who are slumber or lazy or go to sleep thereupon.
129 vis major
Act of God.
8
Important Legal Maxims-Part-1
130 void ab initio
131
volenti non fit
injuria
132 vox populi [n]
https://t.me/CLAT_Exam
legally invalid from the very beginning in connection with contracts,
property, and marriages, also used in various contexts like literature,
science, law, etc.
No one can claim damages for an injury suffered by consent. An injury is
not done to a person consenting to it. 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 law).
Voice of the people or the opinion of the majority of the people. A
popular sentiment. “In this age of technology, social media has become
the vox populi.”
BHAVNA LAMAY
https://t.me/CLAT_Exam
9