Legal Maxims CLAT Notes | EduRev

Static GK for Exam Preparation

CLAT : Legal Maxims CLAT Notes | EduRev

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Sr.
No.
A prioriFrom the antecedent to the consequent.
1Ab initioFrom the beginning.
2Action mixtaMixed action.
3Actio personalis moritur cum personaA personal right of action dies with the person.
4Actionable per seThe very act is punishable and no proof of damage is required.
5Actus Curiae Neminem GravabitAct of the Court shall prejudice no one.
6Actus non facit reum, nisi mens sit reaAn act does not make a man guilty unless there be guilty intention.
7Actus reusWrongful act.
8Ad hocFor the particular end or case at hand.
9Ad idemAt the same point.
10Ad valoremAccording to the value.
11AliundeFrom another source.
12Amicus CuriaeA friend of court or member of the Bar who is appointed to assist the Court.
13Animus possidendiIntention to possess.
14Audi alteram partemHear the other side.
15Ad litemReferring to the case at law.
16A fortioriFor a stronger reason.
17Alieni juris of another’s right.Of another’s right.
18Autrefois acquitPreviously acquitted.
19BenamiNameless.
20Bona fideIn good faith, genuine.
21Bona vacantiaProperty with no owner or which does not have an obvious owner and which usually passes to the crown.
22CaveatA 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.
23Caveat actorLet the doer beware.
24Caveat emptorLet the buyer beware.
25Caveat venditorLet the seller beware.
26CartiorariA writ by which orders passed by an inferior court is quashed.
27Consensus ad idemAgreement as to the same thing (Meeting of the minds)
28Corpus delictiThe facts that constitute an offence.
29Cy presAs nearly as may be practicable / possible.
30ChampertyFinancial help given to a person starting a proceeding against a party, where the person giving help has a share in the damages to be recovered.
31Corpus legisBody of laws.
32Damnum sine injuriaDamage without injury.
33DefactoIn fact. (As a matter of fact).
34De jure“By law” (where the legal title is clear).
35DehorsOutside, foreign to (French term).
36De novoTo make something anew.
37Dies nonDay on which no legal business is transacted. E.g. Bank holiday, National holiday.
38Del credre agentIs a mercantile agent who in consideration of extra remuneration called a del credre commission undertakes to indemnify his principle against loss arising from the failure of persons with whom he enters a contract.
39Delegatus non potest delegareAdelegate cannot further delegate.
40DictumStatement of law made by judge in the course of the decision but not necessary to the decision itself.
41DisponoConvey legally.
42Deminimis non curat lexThe law not deal with trivial things.
43DetinueTort of wrongfully holding goods which belong to someone else.
44DictumSaying or statement made by a judge.
45Denatio mortis causaGift because of death.
46Ejusdem generisOf the same kind or nature. Where there are general words following particular and specific words, the general words must be confined to things of the same kind as those specified.
47EstoppelPrevented from denying.
48Ex parteProceedings in the absence of the other party.
49Ex turpi causa non oritur actioNo action arises from an illegal or immoral cause.
50ExgratiaAs a favour.
51Ex officioBecause of an office held.
52Expressio unius est exclusion alteriusThe mention that one thing is included implies that another thing is expressly excluded.
53FatumBeyond human foresight.
54Fait accompliThings done and no longer worth arguing against; an accomplished act.
55Factum probandaFact in issue, which is to be proved.
56Factum probansRelevant fact.
57Ferae naturaeDangerous by nature; of a wild nature.
58Force majeureCircumstance beyond one’s control, irresistible force or compulsion.
59Functus officioNo longer having power or jurisdiction.
60Habeas corpusA wirt to have the body of a person to be brought in before the judge.
61Ignorantia legis neminem excusatIgnorance of law is no excuse.
62Injuria sine damnoInjury without damage.
63Interest reipublicae ut sit finis litiumState or public interest requires that there should be a limit to litigation.
64Ipso factoBy the very nature of the case; by the mere fact.
65In promptIn readiness.
66In posseIn a state of possibility.
67In limineInitial stage; at the outset.
68In lieu ofInstead of.
69Inter aliaAmong other things.
70Inter seAmong themselves.
71In speceIn kind.
72Inter vivosBetween living persons.
73Intra viresWithin the powers.
74In personamA proceeding in which relief is sought against a specific person.
75Id or idemThe same thing or the same person.
76In forma pauperisAs a poor person.
77InnuendoSpoken words which are defamatory because they have a double meaning.
78In statu quoIn the present state.
79In terroremIn order to cause terror.
80IntestateTo die without making a Will.
81Jus in personamRight against a specific person.
82Jus in remRight against the world at large.
83Jus non scriptumUnwritten law; Customary Law.
84Jus scriptumWritten Law.
85JetsamCargo which is thrown off a sinking ship.
86JuratWords at the end of an affidavit, showing the details of when and by whom it was sworn.
87JusLaw or right.
88Lex MercatoriaThe law merchant. It is a body of legal principles founded on the customs of merchants in their dealings with each other, and though at first distinct from the common law, afterwards became incorporated into it.
89Lex foriLaw of the place where the cases been heard.
90LisA suit legal action.
91Locus standiRight of a party to an action to appear and be heard by the court.
92Laissez-fairePolitical theory where a government does nothing to control the.
93Lex loci actusLaw of the place where the act took place.
94Mala fideIn bad faith.
95MandamusWe command. A writ of command issued by a Higher Court to Government / Public Authority, to compel the performance of a public duty.
96Mens reaGuilty mind.
97Mansuetae naturaeHarmless or tame by nature.
98Mesne profitsThe rents and profits which a trespasser has received / made during his occupation of primises, which are lost to the actual owner.
99MisnomerA wrong or inaccurate name or term.
100M’ Naghten RulesRules which a judge applies in deciding if a person charged with a crime is insane.
101Modus operandiWay of working.
102Modus VivendiWay of living.
103Nemo dat quod non habetNo one can give what he does not have.
104MonfeasanceNot doing something which should be done by law.
105NovationTransaction in which a new contract is agreed by parties to replace an existing contract.
106Obiter dictumA saying by the way. An incidental opinion expressed by a judge, which is not binding.
107Onus ProbandiBurden of proof.
108Obiter dictaThings which are said in passing.
109Pari passuOn equal footing or proportionately.
110Per seBy itself; taken alone.
111Prima facieAt first sight; on the face of it.
112Pro bono publicFor the public good.
113PalimonyMoney which a court orders a man to pay regularly to a woman with whom he been living and from whom he has separated.
114Per curiamBy a court.
115Per incuriamBecause of lack of care.
116Privity of contractRelationship between the parties to a contract make it valid.
117Qui facit per alium facit per seHe who acts through another is deemed to be acting by himself.
118Quo WarrantoBy what authority. A writ calling upon one to show under what authority he holds or claims a public office.
119Quid pro QuoSomething for something (action done in return for something done).
120Ratio decidendiPrinciple or reason underlying a court judgment.
121Res judicataA decision once rendered by a cometent court on a matter in issue between the parties after a full enquiry should not be permitted to be agitated again
122Res ipsa loquiturThe thing speaks for itself.
123Respondeat superiorLet the principal be liable.
124Res sub judiceMatter in course of trial.
125Res gestaeFacts surrounding or relevant to a case and admissible as evidence.
126Status quoState of things as they are now.
127Sine qua nonAn indispensable condition; a thing which is absolutely essential.
128Suo MotuOn its own motion.
129State decisisPrecedent. Literally let the decision stand.
130Sine die“With no day” (indefinitely).
131Sans recoursWith no recourse.
132Sub judiceUnder the law.
133Uberrimae fideOf utmost good faith; of the fullest confidence.
134Ubi jus ibi remediumWhere there is a rights, there is a remedy.
135Ultra viresBeyond the scope, power or authority.
136Vis majorAct of God; irresistible forces.
137Volenti non fit injuriaDamage suffered by consent gives no cause of action.
138VetoBan or order not to allow something to become law, even if it has been passed by a parliament.
139Vice versaReverse position.
140VexatiousAnnoying, done in order to annoy.
141WaiverVoluntarily giving up or removing the conditions.
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