Test: Legal Maxims - 1 - CUET Humanities MCQ

A legal term outlining the presumption of 'mens rea' in a crime. The Latin expression 'actus non facit reum nisi mens sit rea', is translated as 'an act does not render a man guilty of a crime unless his mind is equally guilty,' expresses a foundational concept in criminal law. As a general rule, someone who acted without mental fault is not liable in criminal law.

Doli incapax is a Latin legal maxim meaning 'incapable of doing any harm or incapable of committing a crime'. It is a presumption that a child is incapable of forming the necessary criminal intent for committing an offence.

Bona vacantia, also known as 'vacant goods' or "ownerless goods" in Latin, is a legal term for a situation in which property is left without any clear owner. It exists in various jurisdictions, but with origins mostly in English law. The bona vacantia property may have been abandoned, mislaid, or forgotten by the owner.

The latin maxim means 'law is not concerned with small things.' It is a legal doctrine by which a court refuses to consider trifling things. In a lawsuit, the 'de minimis' doctrine is applied by a court to avoid resolving trivial matters that are not worthy of judicial scrutiny.

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 dicta 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.

Actiones legis is a Latin term which was used mainly in Roman Law meaning 'Law suits or lawful action'. The procedure under Actiones legis was divided into various stages. Firstly, the plaintiff calls the defendant to visit the court; he can be taken by force if he refuses. The trial is further divided into two parts: preliminary hearing before a magistrate and the proceedings before judex. Finally, a decision is given by the court and if the defendant does not follow the decision, he can be taken before the magistrate.

Sub silentio is a legal Latin term meaning "under silence" or "in silence". It is often used as a reference to something that is implied but not expressly stated. Commonly, the term is used when a court overrules the holding of a case without specifically stating that it is doing so.

'Mala in se' is a Latin phrase meaning 'wrong or evil'. The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct.

Ejusdem generis is a Latin term which means "of the same kind," it is used to interpret loosely written statutes. Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed.

No one ought to be a judge in his or her own cause. It is the principle of Natural Justice. According to this maxim, the authority giving decision must be composed of impartial persons who should act fairly, without prejudice and bias.