Legal Maxims A - Z | Legal Reasoning for CLAT PDF Download

Legal maxim, a broad proposition (usually stated in a fixed Latin form), a number of which have been used by lawyers since the 17^th century or earlier. Some of them can be traced to early Roman law.

• Most lawyers love to throw around Latin phrases. The reason for this is that ancient Rome's legal system has had a strong influence on the legal systems of most Western countries. After all, at one time, the Romans had conquered most of Europe, the Middle East, and North Africa.
• The Roman motto was divide et impera (dee-vee-deh eht im-peh-rah) — "divide and conquer." As they conquered nations, they set out to "Latinize" the "barbarians" (anyone who wasn't Roman). Their goal was to teach them how to think, act, and be like real Romans. As the Roman Empire slowly crumbled and disappeared, the new orders in all these lands gradually adapted to the existing legal system. This is why lawyers today love those Latin phrases!

Important Legal Maxims

Terms with 'A'

• A vinculo matrimonii → From the bond of matrimony.
• Ab extra → From outside. 
• Ab initio → From the beginning. 
• Absoluta sententia expositore non-indiget  → An absolute judgement needs no expositor
• Abundans cautela non nocet → Abundant caution does no harm.
• Accessorium non ducit sed sequitur suum principale → An accessory does not draw, but follows its principal.
• Acta exteriora iudicant interiora secreta → Outward acts indicate the inward intent.
• Actio non accrevit infra sex annos → The action has not accrued within six years.
• Actio non datur non damnificato → An action is not given to one who is not injured.
• Actio personalis moritur cum persona  → A personal action dies with the person
• Actiones legis → Law suits.
• Actus non facit reum nisi mens sit rea → The act does not make one guilty unless there is a criminal intent.
• Actus reus → A guilty deed or act.
• Ad ea quae frequentius acciduntura adaptantur → The laws are adapted to those cases which occur more frequently
• Ad hoc → For this purpose.
• Ad infinitum → Forever, without limit, to infinity
• Ad perpetuam rei memoriam → For a perpetual memorial of the matter.
• Aequitas legem sequitur → Equity follows the law 
• Alibi → At another place, elsewhere.
• Alienatio rei praefertur juri accrescendi → Alienation is preferred by law rather than accumulation.
• Aliunde → From elsewhere, or from a different source. 
• Allegans contraria non est audiendus → One making contradictory statements is not to be heard.
• Ambiguitas verborum patens nulla verificatione excluditur → A patent ambiguity is never helped by averment.
• Amicus curiae → A friend of the court. 
• Animo furandi → With an intention of stealing.
• Animo testandi → With an intention of making a will
• Arbitrium est judicium → An award is a judgement
• Arbor dum crescit; lignum cum crescere nescit → A tree while it grows, wood when it cannot grow.
• Argumentum ab auctoritate fortissimum est in lege → An argument drawn from authority is the strongest in law.
• Assentio mentium → The meeting of minds, i.e. mutual assent

Terms with 'B'

• Bis dat qui cito dat → He gives (pays) twice who pays promptly.
• Bona fide → Sincere, in good faith.
• Bona vacantia → Goods without an owner.
• Boni judicis lites dirimere est.  → It is the duty of a good judge to prevent litigation
• Breve judiciale non cadit pro defectu formae → A judicial writing does not fail through defect of form.

Terms with 'C'

• Cadit quaestio → The matter admits of no further argument. 
• Casus fortuitus non est spectandus, et nemo tenetur divinare → A fortuitous event is not to be foreseen, and no person is bound to divine it.
• Catalla reputantur inter minima in lege → Chattels are considered in law among the minor things.
• Causa proxima, non remota spectatur → The immediate, and not the remote cause, is to be considered.
• Consuetudo loci observanda est → The custom of the place is to be observed.
• Contra → To the contrary.
• Contra bonos mores → Against good morals.
• Contractus est quasi actus contra actum → A contract is an act as it were against an act.
• Conventio est modus vincunt legem → A contract and agreement overcome the law.
• Coram non judice → Before one who is not a judge.
• Corpus → Body
• Corpus delicti  → The body, i.e. the gist of the crime.
• Crescente malitia crescere debet et poena → Vice increasing, punishment ought also to increase.
• Crimen omnia ex se nata vitiat → Crime vitiates everything, which springs from it.
• Cujus est dare, ejus est disponere → He who has a right to give has the right to dispose of the gift
• Cuius est solum, eius est usque ad coelum et ad inferos → He, who owns the soil owns it up to the sky; and to its depth. 
• Curiae est lex curiae → The practice of the court is the law of the court.
• Custos morum → A guardian of morals.

Terms with 'D'

• Damnum sine injuria → Damage without legal injury.
• De bonis asportatis → Of goods carried away. 
• De bonis non administratis → Of goods not administered 
• De die in diem → From day to day. 
• De facto → In fact. 
• De futuro → In the future. 
• De integro → As regards the whole. 
• De jure → Rightful, by right. 
• De novo → Starting afresh. 
• Dubitante → Doubting the correctness of the decision.
  
  Question for Legal Maxims A - Z

  Try yourself: Bona Vacantia means _______

  • A.

    Goods without an owner
  • B.

    Let the seller beware
  • C.

    To the extreme contrary
  • D.

    The law does not note trifling matters

  Explanation

  Bona Vacatia is a legal concept associated with the property that has no owner. It exists in various jurisdictions, but with origins mostly in English law.

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Terms with 'E'

• Ei incumbit probatio qui → The onus of proving a fact rests upon the man.
• Ei incumbit probatio qui dicit, non qui negat → The burden of the proof lies upon him who affirms, not he who denies.
• Error, qui non resistitur approbatur → An error not resisted is approved.
• Et cetera → Other things of that type.
• Ex concessis → In view of what has already been accepted
• Ex facie → On the face of it.
• Ex gratia → By favour.
• Ex nihilo nil fit → Nothing comes from nothing.
• Ex nudo pacto actio non oritur → No action arises on a contract without a consideration
• Ex parte → Proceeding brought by one person in the absence of another
• Ex post facto → By reason of a subsequent act.
• Ex praecedentibus et consequentibus optima fit interpretatio → The best interpretation is made from things preceding and following.
• Ex turpi causa non oritur actio → No action arises on immoral contract.
• Exception probat regulam → An exception proves the rule.
• Executio est executio juris secundum judicium → Execution is the fulfilment of the law in accordance with the judgement.
• Executio est finis et fructus legis → An execution is the end and the fruit of the law.
• Executio legis non habet injuriam → Execution of the law does not injure.

Terms with 'F'

• Faciendum → Something which is to be done.
• Factum → An act or deed. 
• Facultas probationum non est angustanda → The right of offering proof is not to be narrowed.
• Falsa demonstratio non nocet → A false description does not vitiate.

Terms with 'G'

• Generale nihil certum implicat → A general expression implies nothing certain
• Generalia praecedunt, specialia sequuntur → Things general precede, things special follow
• Generalia specialibus non derogant → Things general do not derogate from things special.
• Generalis regula generaliter est intelligenda → A general rule is to be generally understood.
• Gravius est divinam quam temporalem laedere majestatem → It is more serious to hurt divine than temporal majesty

Terms with 'H'

• Habeas corpus → That you have the body.
• Habemus optimum testem confitentem reum → We have the best witness, a confessing defendant.
• Haeredem est nomen collectum → Heir is a collective name.
• Haeres est nomen juris, filius est nomen naturae → Heir is a term of law, son, one of nature.
• Haeres legitimus est quem nuptiae demonstrant → He is the lawful heir whom the marriage indicates.
• Homo vocabulum est naturae; persona juris civilis → Man is term of nature, person of the civil law.

Terms with 'I'

• Id est (i.e.) → That is.
• Idem → The same person or thing.
• Idem nihil dicere et insufficienter dicere est → It is the same to say nothing as not to say enough.
• Ignorantia facti excusat, ignorantia juris non excusat → Ignorance of fact excuses, ignorance of law does not excuse.
• Impotentia excusat legem → Impossibility is an excuse in the law.
• Impunitas semper ad deteriora invitat → Impunity always leads to greater crimes.
• In alta proditone nullus potest esse accessorius; sed principalis solum modo → In high treason no one can be an accessory; but a principal only. 
• In camera → In private. 
• In delicto → At fault. 
• Innuendo→words or statements that, although not explicitly defamatory, can become defamatory due to their implied or secondary meaning
• In esse → In existence. 
• In extenso → At full length.
• In fictione legis aequitas existit → A legal fiction is consistent with equity.
• In foro conscientiae → In the forum of conscience.
• In futuro → In the future.
• In limine → At the outset, on the threshold.
• In loco parentis → In place of the parent.
• In mortua manu → In dead hand.
• In omnibus → In every respect.
• In personam → Against the person.
• In pleno → In full.
• In situ → In its place.
• In terrorem → As a warning or deterrent.
• In verbis, non verba sed res et ratio quaerenda est → In words, not words, but the thing and the meaning are to be inquired into.
• Indicia → Marks, signs.
• Injuria non excusat injuriam → A wrong does not excuse a wrong.
• Intentio inservire debet legibus, non leges intentioni → Intention ought to be subservient to the laws, not the laws to the intention.
• Inter alia → Amongst other things.
• Ira furore brevis est → Anger is brief insanity.
• Iter arma leges silent → In war, the laws are silent.

Terms with 'J'

• Judex est loquens → A judge is the law speaking
• Judex non potest esse testis in propria causa → A judge cannot be a witness in his own cause.
• Judex non potest injuriam sibi datam punire → A judge cannot punish a wrong done to himself.
• Jura naturae sunt immutabilia → The laws of nature are immutable.
• Jura publica anteferenda privatis juribus→ Public right is to be preferred to private right.
• Jus naturale → Natural justice.
• Justitia nemini neganda est → Justice is to be denied to no one.

Terms with 'L'

• Leges posteriores priores contrarias abrogant → Subsequent laws repeal prior conflicting ones.
• Legibus sumptis desinentibus, legibus naturae utendum est → When laws imposed by the state fail, we must use the laws of nature.
• Lex aliquando sequitur aequitatem → The law sometimes follows equity.
• Lex citius tolerare vult privatum damnum quam publicum malum → The law would rather tolerate a private injury than a public evil. 
• Lex dabit remedium → The law will give a remedy. 
• Lex dilationes abhorret → The law abhors delays. 
• Lex est judicum tutissimus ductor → The law is the safest guide for judges.
• Lex est sanctio sancta jubens honesta et prohibens contraria → The law is a sacred sanction, commanding what is right and prohibiting the contrary.
• Lex intendit vicinum vicini facta scire → The law presumes that one neighbour knows the acts of another.
• Lex necessitatis est lex temporis, id est, instantis→ The law of necessity is the law of time, that is, time present.
• Lex neminem cogit ad vana seu impossibilia→ The law compels no one to do vain or impossible things.
• Lex nil frustra facit → The law does nothing in vain.

• Lex non a rege est violanda → The law must not be violated even by the King.
• Lex non deficere potest in justitia exhibenda → The law cannot fail in dispensing justice
• Lex non novit paterm, nec matrem, solam veritatem → The law does not know either father or mother, only the truth
• Lex non requirit verificari quod appar curiae → The law does not require that to be proved which is apparent to the court.
• Lex non favet delicatorum votis → The law does not favour the wishes of the dainty.
• Lex plus laudatur quando ratione probatur → The law is more praised when it is supported by reason.
• Lex prospicit not respicit → The law looks forward, not backwards.
• Lex punit mendaciam → The law punishes falsehood.
• Lex succurrit ignoranti → The law succours the ignorant
• Lex tutissima cassis, sub clypeo legis nemo decipitur → Law is the safest helmet; under the shield of the law no one is deceived.
• Lex uno ore omnes alloquitur → The law speaks to all through one mouth.
• Longa possessio parit jus possidendi et tollit actionem vero domino → Long possession produces the right of possession and takes away from the true owner his action.

Terms with 'M'

• Magister rerum usus; magistra rerum experientia → Use is the master of things; experience is the mistress of things.
• Major continent in se minus → The greater contains the less.
• Majus est delictum se ipsum occidere quam alium → It is a greater crime to kill oneself than another.
• Mala fide → In bad faith.
• Mala grammatica non vitiat chartam → Bad grammar does not vitiate a deed. 
• Mala prohibita → Crimes prohibited.
• Mala animo → With evil intent.
• Mandamus → We command.
• Maxima magister erroris Populus est→ The people are the greatest master of error. 
• Melior est conditio possidentis, ubi neuter jus habet → Better is the condition of the possessor where neither of the two has the right.
• Mens rea → Guilty state of mind.
• Mentiri est contra menten ire → To lie is to act against the mind.
• Miseria est servitus, ubi jus est vagum aut incertum → It is a miserable slavery where the law is vague or uncertain.
• Mors dicitur ultimum supplicium → Death is called the extreme penalty.
• Multa exercitatione facilius quam regulis percipies → You will perceive many things more easily by experience than by rules.

Terms with 'N'

• Nam nemo haeres viventis → For no one is an heir of a living person.
• Nemo potest esse tenens et dominus → No one can at the same time be a tenant and a landlord (of the same tenement).
• Nemo se accusare debet, nisi coram deo → No one should accuse himself except in the presence of God.
• Nemo tenetur armare adversarium contra se → No one is bound to arm his adversary against himself.
• Nexus → Connection
• Nil facit error nominis cum de corpore constat → An error of name makes not difference when it appears from the body of the instrument.
• Nisi → Unless.
• Non compos mentis → Not of sound mind and understanding.
• Non constat → It is not certain.
• Non decipitur qui scit se decipi → He is not deceived who knows that he is deceived.
• Non est articulus vinculum inter homines quam jusjurandum → There is no stronger link among men than an oath.
• Non est factum → It is not his deed.
• Non est informatus → He is not informed.
• Non facias malum ut inde veniat bonum → You shall not be evil that good may come of it.

Terms with 'O'

• Omnis innovatio plus novitate perturbat quam utilitate prodeat → Every innovation disturbs more by novelty than it benefits by utility.
• Optima legum interpres est consuetudo → The best interpreter of laws is custom.
• Optimus interpres rerum est usus → The best interpreter of things is usage.

Terms with 'P'

• Pacta privata juri publico non derogare possunt → Private contracts cannot derogate from public law.
• Par delictum → Equal fault.
• Pari passu → On an equal footing.
• Pater est quem nuptiae demonstrant → The father is he whom the marriage points out.
• Peccata contra naturam sunt gravissima → Wrongs against nature are the most serious.
• Per curiam → In the opinion of the court.
• Post mortem → After death
• Prima facie → On the face of it.
• Prima impressionis → On first impression.
• Pro hac vice → For this occasion.
• Pro rata → In proportion.
• Pro tanto → So far, to that extent
• Pro tempore → For the time being.

Terms with 'Q'

• Quaeitur → The question is raised.
• Quantum → How much, an amount.
• Qui facit per alium, tacit per se → He who acts through another acts himself.
• Qui haeret in litera, haeret in cortice → He who sticks to the letter, sticks to the bark.
• Qui in utero est, pro jam nato habetur, quoties de ejus commodo quaeritur →He who is in the womb is considered as already born, as often as it is questioned concerning his benefit
• Quod vanum et inutile est, lex non requiril → The law does not require what is vain and useless.
• Quinon habet, ille non dat → He who has not, does not give.
• Qui non improbat, approbat → He who does not disapprove, approves.
• Qui peccat evrius, luat sobrius → He who does wrong when drunk must be punished when sober.
• Qui potest et debet vetare et non vetat jubet → He who is able and ought to forbid and does not, commands.
• Qui prior est tempore potior est jure → He who is prior in time is stronger in right.
• Qui sentit commodum, debet et sentire onus → He who derives a benefit ought also to bear a burden.
• Qui tacet consentire videtur → He who is silent appears to consent.
• Quid pro quo → Consideration, something for something.
• Quod constat curiae opere testium non indiget → What appears to the court needs not the help of witnesses.
• Quod necessarie intelligitur, id non deest → What is necessarily understood is not wanting.
• Quod necessitas cogit, defendit → What necessity forces it justifies.
• Quod non apparet, non est → What does not appear, is not.
• Quod non habet principium non hab finem → What has no beginning has no end.
• Quod per me non possum, nec per alium → What I cannot do through myself I cannot through another.

Terms with 'R'

• Reprobata pecunia liberat solventem → Money refused releases the debtor.
• Res → Matter, affair, thing, circumstance.
• Res gestae → Things done.
• Res integra → A matter untouched (by decision).
• Res inter alios acta alteri nocere non debet → Things done between strangers ought not to affect a third person, who is a stranger to the transaction.
• Res judicata accipitur pro veritate → A thing adjudged is accepted for the truth.
• Res nuilius → Nobody's property.
• Respondeat superior → Let the principal answer.
• Rex est major singulis, minor universis → The King is greater than individuals, less than all the people.
• Rex quod injustum est facere non potest → The King cannot do what is unjust.

Terms with 'S'

•  Semper pro matrimonio praesumitur → It is always presumed in favour of marriage.
• Servitia personalia sequuntur personam → Personal services follow the person.
• Sic utere tuo ut alienum non laedas → So, use your own as not to injure another's property.
• Simplex commendatio non obligat → A simple recommendation does not bind.
• Stare decisis → To stand by decisions (precedents).
• Stet → Do not delete, let it stand.
• Sub modo → Within limits
• Sub nomine → Under the name of
• Sub silentio → In silence.
• Sublato fundamento, cadit opus → when the foundation is removed, the structure falls.
• Suggestio falsi → The suggestion of something which is untrue.
• Sui generis → Unique.
• Summa ratio est quae pro religione facit → The highest reason is that which makes for religion, i.e. religion dictates.
• Suppressio veri expressio falsi → A suppression of truth is equivalent to an expression of falsehood.

Terms with 'T'

• Talis qualis → Such as it is.
• Terra firma → Solid ground.
• Traditio loqui chartam facit → Delivery makes a deed speak.
• Transit terra cum onere → The land passes with its burden.

Terms with 'U'

• Ubi eadem ratio ibi idem jus, et de similibus idem est judicium → When there is the same reason, then the law is the same, and the same judgement should be rendered as to similar things
• Ut poena ad paucos, metus ad omnes, perveniat → That punishment come to a few, the fear of it should affect all.
• Utile per inutile non vitiatur → What is useful is not vitiated by the useless.

Terms with 'V'

• Vacate → To set aside.
• Venue → Authority of a court to hear a matter based on geographical location.
• Verdict → A conclusion, as to fact or law, that forms the basis for the court's judgement. (See Directed verdict.)
• Visa → An official endorsement on a document or passport denoting that the bearer may proceed.
• Void → An Invalid a void agreement is one for which there is no remedy.
• Voidable → Capable of being declared invalid; a voidable contract is one where a person may avoid their obligation, as a contract between an adult and a minor.
• Voir Dire → The preliminary examination made in court of a witness or juror to determine his competency or interest in a matter. Literally, to speak the truth.
• Verba debent intelligi cum effectu → Words ought to be understood with effect.
• Verba intentioni, non e contra, debent inservire → Words ought to serve the intention, not the reverse.
• Vigilantibus non dormientibus jura subveniunt → The laws serve the vigilant, not those who sleep.
• Vir et uxor consentur in lege una persona → A husband and wife are regarded in law as one person.
• Voluntas in delictis non exitus spectatur → In offences, the intent and not the result is looked at.
• Voluntas reputatur pro facto → The will is taken for the deed.

Terms with 'W'

• Waiver → Intentionally giving up a right. 
• Waiver of Immunity → A means authorised by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.
• Warrant → Most commonly, a court order authorising law enforcement officers to make an arrest or conduct a search. An application seeking a warrant must be accompanied by an affidavit which the facts upon which the request is based.
• Warranty → A promise that a proposition of fact is true.
• Warranty Deed → A deed which guarantees that the title conveyed is good and its transfer is rightful
• Water Rights → The rights to use water.
• Will → A legal declaration that disposes of a person's property when that person dies.
• Withholding → A tax deducted from a salary, wage or other income on behalf of the government at the time of payment of wages to the person who pays it.
• Witness → One who personally sees or perceives a thing; one who testifies as to what he has seen, heard or otherwise observed.
• Words and Phrases Legally Defined → A book in dictionary form which lists judicial determinations of a word or phrase.
• Workers' Compensation → A state agency handles claims of workers injured on their job.
• Writ → A judicial order directing a person to do something.
• Writ of Certiorari → An order issued by the Supreme Court directing the lower court to transmit records for a case that it will hear on appeal.
• Writ of Execution → An order of the court evidencing debt of one party to another and commanding the court officer to take property in satisfaction of the debt.
• Writ of Garnishment → An order of the court whereby property, money or credits in the possession of another person may be seized and applied to pay a debtor's debt. It is used as an incident to or auxiliary of a judgment rendered in a principal action

Terms with 'Z'

• Zoning Commission → Local agencies with jurisdiction to regulate the use of properties within their geographic area.