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Legal Maxims are an integral part of the legal aptitude section of CLAT. In this section, questions are asked to test candidates' legal knowledge. Legal Maxims are categorized under the legal knowledge part of CLAT. The candidates can expect 4-5 questions from this section.
What are Legal Maxims?
Legal Maxims is a well-established idea related to legal approach, proposal, doctrine, etc.
- Legal Maxims are usually expressed in Latin, as most of these terms originated from the Medieval period in the European states and employed Latin as the official language.
- However, the principles of Legal Maxims guide the courts and country's law fairly so that the courts can decide the legal issues perfectly and unbiasedly.
- Such principles of Legal Maxims do not have legal authority but when the courts apply it in deciding issues of the legislature, including such maxims while framing laws, they take the form of law and form the basis of sound judgments.
Important Legal Maxims for CLAT: Phrases to Know
Below we have provided a list of the top 50 Important Legal Maxims for CLAT.
| Ab initio | From the beginning |
| Actus reus | A guilty deed or act |
| Ad hoc | For this purpose |
| Addendum | A thing to be added |
| Affidavit | A sworn written statement usable as evidence in court |
| Alibi | At another place, elsewhere |
| Amicus curiae | A friend of the Court |
| Ante | before |
| Audi alteram partem | Hear the other side |
| Bona fide | Sincere, in good faith, i. e. well- intentioned, fairly |
| Caveat emptor | Let the buyer beware. (He buys at his own risk) |
| Caveat | Let him/her beware |
| Consensus ad idem | Agreement as to the same things |
| Corpus | Body |
| Corrigenda | A list of things to be corrected. (in a book) |
| Curriculum vitae | The course of one's life. |
| Damnum sine injuria | Damage without legal injury |
| De facto | In fact, Something that is automatically accepted |
| De jure | Rightful, by right |
| De minimis lex non curat | The law does not notice trifling matters |
| De novo | Starting afresh, Anew |
| Delegate non potest delegare | A delegated authority cannot be again delegated |
| Ex gratia | Out of kindness, voluntary |
| 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 turpi causa non oritur actio | No action arises on an immoral contract. |
| Factum | An act or deed |
| Habeas corpus | You must have the body, i.e. You must justify an imprisonment |
| Idem | The same person or thing |
| Ignorantia facti excusat, ignorantia juris non excusat | Ignorance of fact excuses, ignorance of law does not excuse. |
| In camera | In private |
| In limine | At the outset, on the threshold |
| In personam | Against the person |
| In situ | In its place |
| Injuria non excusat injuriam | A wrong does not excuse a wrong. |
| Inter alia | Amongst other things |
| Interim | Temporary, in the meanwhile |
| Ipso facto | By that very fact |
| Jus | A right that is recognised in law. |
| Jus naturale | Natural justice. |
| Lex fori | The law of the forum (country) |
| Lex loci | The law of the place |
| Lex scripta | The written law |
| Locus standi | Place of standing |
| Mala fide | In bad faith |
| Mandamus | We command |
| Modus operandi (m.o.) | Way of operating |
| Mutatis mutandis | The necessary changes having been made |
| Necessitas non habet legem | Necessity has no law |
| Nemo debet bis | No one can be twice punished |
| puniri pro uno delicto | for the same offence |
| Non compus mentis | Not of sound mind and understanding |
| Obiter dictum | Something said in passing |
| Onus probandi | The burden of proof |
| Per capita | Per head |
| Per se | By or in itself |
| Prima facie | On the face of it, At first sight |
| Pro bono (pro bono publico) | For the good of the public |
| Pro rata | In proportion |
| Qua | In so far as |
| Quantum meruit | As much as he/she deserved |
| Quasi | As if |
| Qui facit per alium, facit per se | He who acts through another acts himself |
| Qui non improbat, approbat | He who does not disapprove, approves |
| Quid pro quo | Consideration. Something for something. |
| Quorum | Of whom |
| Ratio decidendi | The reason for the decision |
| Referendum | Something to be referred |
| Res judicata | Thing already judged upon |
| Salus populi est suprema lex | The safety of the people is the supreme law. |
| Sine die | Without a day (indefinitely) |
| Sine qua non | Something/someone indispensable |
| Stare decisis | To stand by decisions (precedents). |
| Status quo | The current state of being |
| Sub judice | Before a court |
| Sub poena | Under penalty of law |
| Sui generis | Of his/her/its kind, Unique |
| Suppressio veri | The suppression of the truth |
| Supra | Above or on an earlier page |
| Uberrimae fidei | Of the utmost good faith |
| Ubi jus ibi remedium | Where there is a right there is a remedy |
| Ultra vires | Beyond the powers or legal authority |
| Verbatim | Word by word, exactly |
| Veto | I forbid |
| Vox populi | Popular opinion |
Legal Maxims for CLAT Questions
We have shared some important questions for Legal Maxims for CLAT below, which are commonly asked in the CLAT. Make sure that you also go through their solution properly to understand these terms.
1. Actionable Per se
- For the case or end at hand
- The meeting of minds
- In good faith
- The very act is punishable; no proof of damage is required
Answer: (d) actions that do not require the allegation or proof of additional facts to constitute a cause of action. Such a tort is actionable simply because it happened
2. Assentio Mentium
- The meeting of minds
- In good faith
- An argument directed at the person
- Injury without damage
Answer: (a) Latin definition for a meeting of minds regarding the terms and conditions of the contract.
3. Pacta sunt servanda
- Treaties are legally binding
- Treaties are legally binding only to the contracting parties
- Goods without an owner
- With the intention of making a will
Answer: (a) A Latin word for agreements is binding. It is a basic principle of civil, international, and canon law. The principle refers to private contracts, stressing that contained clauses are to be termed as the law between the parties.
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FAQs on Legal Maxims - Legal Reasoning for CLAT
| 1. What are legal maxims? |  |
Ans. Legal maxims are Latin phrases or expressions that are commonly used in the field of law. These phrases are used to express a legal principle or concept in a concise and precise manner. Legal maxims are often used in courtrooms, legal documents, and legal arguments. They are an important part of legal language and are used to convey specific meanings that are understood within the legal community.
| 2. Why are legal maxims important for CLAT? | |
Ans. Legal maxims are important for CLAT because they are frequently used in legal reasoning and analysis. CLAT is an entrance examination for admission to undergraduate and postgraduate law programs, and it tests a candidate's knowledge of various legal concepts and principles. Familiarity with legal maxims can help a candidate understand and interpret legal texts and cases more effectively. Moreover, questions related to legal maxims are often asked in CLAT, making it important for candidates to be well-versed in these phrases.
| 3. What are some important legal maxims that a CLAT aspirant should know? | |
Ans. Some important legal maxims that a CLAT aspirant should know include "actus non facit reum nisi mens sit rea" (the act does not make a person guilty unless the mind is also guilty), "audi alteram partem" (hear the other side), "caveat emptor" (buyer beware), "ignorantia juris non excusat" (ignorance of the law is no excuse), and "res ipsa loquitur" (the thing speaks for itself). These legal maxims are frequently used in legal reasoning and analysis, and a thorough understanding of their meanings can be helpful for CLAT aspirants.
| 4. How can a CLAT aspirant prepare for questions related to legal maxims? | |
Ans. To prepare for questions related to legal maxims, a CLAT aspirant can start by memorizing the most commonly used phrases and their meanings. It is also important to understand the context in which these phrases are used and how they apply to various legal situations. Practice questions related to legal maxims can be found in CLAT study materials and previous years' question papers, and solving these questions can help a candidate become more familiar with these phrases. Additionally, candidates can seek guidance from legal experts and mentors to clarify any doubts or questions they may have related to legal maxims.
| 5. Can legal maxims be used in legal arguments or documents written in languages other than Latin? | |
Ans. Yes, legal maxims can be used in legal arguments or documents written in languages other than Latin. While most legal maxims are in Latin, many of these phrases have been translated into other languages and are used in legal systems around the world. It is important to note that the meaning of a legal maxim may differ slightly depending on the language in which it is used, and it is important to understand the nuances of these phrases in the context of the legal system in which they are being used.
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