Test: Legal Maxims - 2 - CUET Humanities MCQ

Per incuriam, literally translated as "through lack of care" is a device within the common law system of judicial precedent. A finding of 'per incuriam' means that a previous court judgment has failed to pay attention to relevant statutory provision or precedents.

It is a Latin maxim, which means that where there is a right there is a remedy. The principle, thus, states that where one's right is invaded or destroyed, the law gives a remedy to protect it or damages for its loss. Further, where one's right is denied the law affords the remedy of an action for its enforcement.

Corpus delicti is a Latin term meaning "body of the crime". In its original sense, the body in question refers not to a corpse but to the body of essential facts that, taken together, prove that a crime has been committed. It is the essential facts that prove that a crime has been committed. The doctrine of corpus delicti is the requirement that proves that a crime has been committed prior to allowing a confession to be admitted into evidence.

Ex post facto, literally means, having retrospective effect or force. An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law.

Injuria sine damnum is a violation of a legal right without causing any harm, loss or damage to the plaintiff and whenever any legal right is infringed, the person in whom the right is vested is entitled to bring an action. The law even gives the liberty that if a person merely has a threat of infringement of a legal right even without the injury being completed, the person whose right has been threatened can bring a suit under the provisions of Specific Relief Act.

Donatio mortis causa means a gift made by a person (the donor) in contemplation of impending death, also known as a deathbed gift. When the donor dies, the subject-matter of the gift does not pass to the personal representative but to the person the deceased intended to benefit (the donee). To qualify as a donatio mortis causa, the gift must be made by the donor in contemplation of the donor's impending death. The gift must be contingent on the donor dying. The donor must part with the gift or deliver it in some way to the donee. The subject-matter of the gift must be capable of being given away in this manner.

The legal maxim 'Delegatus non potest delegare' does not lay down a rule of law. It merely states a rule of construction of a statute. It means 'one to whom a power is delegated cannot himself further delegate that power.' Thus, a person to whom an authority or decision-making power has been delegated cannot, in turn, delegate again to another, unless the original delegation explicitly authorised it. The maxim is a principle in the constitutional and administrative law. In simple terms, a delegate cannot re-delegate. The maxim is derived from and is most frequently applied in matters relating to principal and agent but is not confined thereto. In general, the maxim deals with delegation.

A motion in limine is a motion that is tabled by one of the parties at the very beginning of the legal procedures and seeks to pull the rug out from under the feet of the other party usually by asking the judge to exclude certain evidence. This motion is decided by the judge in both civil and criminal proceedings.

The term is used to refer to an action occurring from day to day or a continuing right of action. The maxim often refers to a type of pay schedule.

In legal terms, Locus standi essentially applies to a plaintiff's attempt to show the court that there is ample relation or correlation or cause of action to him from the suit. In other terms, it applies to a person's capacity to put a case before the court of law or to testify before the court of law.