How to Study Legal Maxims
Legal maxims are established legal principles or moral philosophies often used by jurists. The use of these 101 legal maxims varies in different areas of law, including criminal law, civil law, corporate law. Legal maxims are established legal principles that are generally accepted, and people in the legal field are well aware of these words. These are mainly Latin words or a combination of a few words. Maxim (Bouvier`s Law Dictionary, 1856): An established principle or theorem. A principle of law universally recognized, as just and in conformity with reason. One could also say that maxims are the result of the common law. In what follows, we will discuss some important legal maxims in an orderly manner. Just as in geometry, we have axioms; In law, we have legal maxims and idioms. Maxims are used in legal documents and are also required in legal exams such as CLAT, Justiz and semester exams.
Simply put, this is a fundamental legal maxim in agency law. This is a maxim that is often mentioned in the discussion of the employer`s liability for the employee`s actions in the sense of enforcement agents (indirectly, second-hand). Mala grammatica non vitiat chartam: Bad grammar affects or spoils or destroys or does not affect the legal validity of a document. If you want to read details about legal maxims, click here to download a PDF According to Wikipedia, this is a law that retroactively changes the legal consequences (or status) of acts that were committed, or relationships that existed before the law was passed. In criminal law, it can criminalize acts that were lawful at the time they were committed; it can aggravate a crime by classifying it in a more serious category than it was when it was committed; it may amend the penalty for an offence by adding new penalties or extending sentences; Or it can change the rules of evidence to make a conviction for a crime more likely than it would have been when the crime was committed. In addition to your professional life, these maxims help you strengthen your legal ability. In addition, they are interviewed in May on entrance exams such as CLAT (Common Law Aptitude Test), MCLET (Maharastra Common Law Entrance Test), LSAT and other international exams. Or leave the main answer. In other words, it means holding the employer or client legally liable for the illegal acts of an employee or representative in connection with an employment or agency. Read with IPC sections 154 and 155. In other words, a reasonable amount of money to be paid for services rendered or work performed if the amount due is not specified (specified, written) in a legally binding contract. 68.
Jus necessitatis – This is the right of a person to do what is required, for which no threat of legal sanction is a deterrent. A list of important legal maxims and foreign words to help you accurately grasp aspects of legal adequacy. I am glad that these legal maxims and their meaning have helped you. 98. Pacta Sunt Servanda – Agreements must be respected. Or the agreements are legally binding. 17. Boni judicis est ampliare jurisdictionem – It is incumbent on a good judge to extend his jurisdiction, that is, his remedial powers. Ubi jus ibi remedium – Where there is a right, there is also a remedy. Question from a law student: I have doubts about the maxim jus necessitatis. Does it fall under section 81 or 87 of the IPC? Answer: This is called the doctrine of necessity.
This means that a person does something under the constraint of a situation. It is not considered an illegal act. It falls under article 81 of the Criminal Code. Quod per ma non possum nec per alium: What I cannot do by myself, I cannot do by another. Functus officio – No more power or jurisdiction. It also designates an official or body whose mandate has expired, either because of the arrival of an expiry date or because of an organization that has fulfilled the purpose for which it was created. 105. alimony – the provision of a husband (or wife) for a spouse after separation or divorce; Maintenance. Related: What is the law regarding alimony in India? 127. Uberrima fides (sometimes uberrimae fidei) – Very good faith. 78.
Malum in se or Mala in se (plural) – Evil or evil in itself. Or mala in se is “a term that means crime that is considered bad in itself.” For example, most people believe that murder, rape and robbery are wrong, that a law regulates such behavior or where the behavior takes place and is therefore recognizable malum in se. Justitia nemini neganda est – Justice must not be denied to anyone. Ratio decidendi – principle or reason by virtue of a court decision. or a provision on which a judicial decision is based. Allusions – Words that are defamatory because they have a double meaning. Qui non habet potestatem alienandi habet necessitatem retinendi: He who does not have the power of alienation is under the need to keep. Ex post facto – In hindsight or after the fact. Quia malitia supplet actatem: Malevolence catches up with age Woman`s is celare fraudm: This is a scam to disguise a fraud. 79. Malum prohibitum – In a way, the opposite of Malum in se.
This means that “crimes are criminal not because they are intrinsically evil, but because the act is prohibited by state law.” For example, jurisdiction in India requires drivers to drive on the left side of the road. This is not because driving on the right side of the road is considered immoral, but because the law says to drive on the left and not on the right. 100. Particeps criminis – A participant in the crime or partner in the crime. Nemo bis punitur pro eodem delicto – No one can be punished twice for the same offence. 9. Ad hoc – For the end or case. 118. Res ipsa loquitor – The thing speaks for itself. Related: What is Res ipsa Loquitor 27.
Damnum sine injuria – damage without injury. Quid pro quo – Something for something or something in return. 53. Ignorantia juris non excusat – ignorance of the law is no excuse. Or ignorance of the law excuses no one. In other words, a person who does not know a law cannot escape responsibility for the violation of that law simply because he did not know its contents. Who non improbat, approbat: If you do not disapprove, you agree. De Minimis Non Curat Lex – The law does not regulate trifles, i.e. unimportant things or the law ignores trivial details. 8.
Actus Reus Non facit Reum Nisi Mens Sit Rea – The conviction of a crime requires proof of a criminal offence and intent. Or an act does not make an accused guilty without being guilty. Or an act does not constitute guilt unless it is committed with culpable intent. Haeres est nomen collectum: Heir is a collective noun. 121. Rex non protest peccare – The king cannot be wrong. 65. Jus in personam – right against a specific person. 52. Ignorantia facit doth excusat, Ignorance juris non-excusat – ignorance of the facts is an excuse, but ignorance of the law is not an excuse. Read with IPC Articles 76 and 79.
Amicus Curiae – A friend of the court or a member of the Bar Association appointed to assist the court. Nemo plus juris transferre ad alium potest quam ipse habet: No one may confer a greater right on another than himself. 106. Palimonie – money that a man pays to a woman with whom he has lived and from whom he is separated. Palimonie has slightly different meanings in different jurisdictions. 119. Res judicata – A question already assessed. Related: Res Judicate is based on 3 maxims. Related: Res Judicata vs Res Sub Judice 104. Prima facie – Auf den ersten Blick. Or at first glance.
It also refers to the principle that “an offence must be proved before a person can be convicted of committing that offence”. (This definition is mainly used in Western law.) Verba debent intelligi effect: Words must be understood with effect. In diplomacy, a persona non grata is a foreign person whose entry or stay in a particular country is prohibited by the government of that country. Suggestio falsi: The suggestion of something that is false. Judicium non debet esse illusorium, suum effectum habere debet: A judgment should not be illusory; It should have its own effect. Sublato fundamento cadit opus: The foundation is removed, the structure falls. Nemo prohibetur defensionibus uti: No one is prohibited from using multiple defences. Ignorantia juris non excusat – ignorance of the law is no excuse. or ignorance of the law excuses no one. 94.
Nunc pro tunc – Now for then. A nunc pro tunc rule applies retroactively to the correction of a previous decision. 18. Reservation – A warning registered in the public court to tell officials not to act on the matter mentioned in the reservation without first informing the Caveator. 50. Furiosis nulla voluntas est – A madman has no will. Respondeat superior – Let the principal/master answer. 13. Assentio mentium – The meeting of spirits, that is, mutual consent.
Actio personalis moritur persona: The personal right to act dies with the person. Transit terra onoera: The country passes with its burden. Certiorari – A statement that quashes the orders of the subordinate court. Firmior et potentior est operatio legis quam dispositio hominis: The action of the law is firmer and more powerful than the will of a man. 23. Communis hostis omnium – They are common enemies of all. The common enemy of all. See Article 4(2) of the IPC.
122. Salus populi est suprema lex – The good of the people is the supreme law. Ubi eadem ratio ibi idem jus et de similibus ideam est judicium: If there is the same reason, then the law is the same, and the same judgment should be given on similar things. 66. Jus in redinglich – Law against the world as a whole. Related: What is just in rem and right in personam? Mentri est contra mentem ire: TO lieis act against the spirit. 90. Nemo Potest esse tenens et dominus – No one can own and rent the same property at the same time. 117. Answer Yourself Superior – Let the Master answer. For example, there are circumstances in which an employer is responsible for actions taken by employees in the course of their employment.
