Important Legal Maxims


Important Legal Maxims
1.Ubi jus ibi remedium – Where there is a right, there is a remedy. 2.Volenti non fit injuria – Damage suffered by consent gives no cause of action. 3.Alibi – At another place, elsewhere 4.Audi alteram partem – No man shall be condemned unheard. 5.Locus standi – Right of a party to an action to appear and be heard by the court and be heard by the court 6.Ratio decidendi – Principle or reason underlying a court judgement. 7.Nemo debet esse judex in propria causa – Nobody can be judge in his own case. 8.Nemo bis punitur pro eodem delicto – Nobody can be twice punished for the same offence. 9.Actionable per se – The very act is punishable and no proof of damage is required 10.Quo warranto – By what authority. A writ calling upon one to show under what authority he holds or claims a public office 11.Mandamus – ‘We command’. A writ of command issued by a Higher Court to Government/Public Authority, to compel the performance of a public duty 12.Estoppel – Prevented from denying. 13.Ex parte – Proceedings in the absence of the other party. 14.Ex gratia – As a favour. 15.Ex officio – Because of an office held. 16.Justitia nemini neganda est – Justice is to be denied to nobody. 17.Lex non a rege est violanda – The law must not be violated even by the king. 18.Amicus Curiae – A friend of court or member of the Bar who is appointed to assist the Court 19.Mala fide – In bad faith. 20.Mens rea – Guilty mind. 21.Modus operandi – Way of working. 22.Modus Vivendi – Way of living. 23.Fatum – Beyond human foresight. 24.Detinue – Tort of wrongfully holding goods which belong to someone else. 25.Assentio mentium – The meeting of minds, i.e mutual assents 26.Nolle prosequi – a formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit. 27.Novation – Transaction in which a new contact is agreed by all parties to replace an existing contract. 28.Doli incapax – Incapable of crime 29.Res ipsa loquitor – The thing speaks for itself. 30.Rex non protest peccare – The king can do no wrong. 31.Salus populi est suprema lex – The welfare of the is the supreme law. 32.Status quo – State of things as they are now. 33.Sine die – “with no day”(indefinitely). 34.Sine qua non – “without which nothing”. An essential condition; a thing that is absolutely necessary. Basically a component of an argument that, if debunked, causes the entire argument to crumble. 35.Denatio mortis causa – Gift because of death. 36.Vis major – Act of God. 37.Ad hoc – For the particular end or case at hand. 28.Misnomer – A wrong or inaccurate name or term. 39.Veto – Ban or order not to allow something to become law, even if it has been passed by a parliament. 40.Vice versa – Reverse position.

 

This Post is added by the Editor of the Company