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Superlative Legal Maxims and Phrases for CLAT, Judiciary, and Police Exams

A list of important legal maxims and foreign words to assist you lot in attaining a tight grasp over the aspects of legal bent.

What Are Legal Maxims?

Legal maxims are established principles of law that are universally admitted, and people in the legal field are very well aware of these words. They are by and large Latin words or a combination of a few words.

Just like in Geometry, nosotros have axioms; in law, we have legal maxims and phrases. Maxims are used in legal paperwork and are also asked in law exams similar CLAT, Judiciary, and semester exams.

Important Legal Maxims With Their Piece of cake Pregnant

1. Ab Initio – From the beginning.

2. Actionable per se – The very human action is punishable, and no proof of harm is required.

3. Actio personalis moritur cum persona – A personal correct of activeness dies with the person. In other sense, if he dies, the right to sue is gone.

4. Actori incumbit onus probandi – The burden of proof is on the plaintiff.

5. Actus me invito factus non est mens actus – An act done by me against my volition is not my human action. Read with section 94 of IPC.

6. Actus not facit reum nisi mens sit down rea – An deed does not make one guilty unless it is accompanied by a guilty mind.

7. Actus reus – Guilty act.

8. Actus Reus Not Facit Reum Nisi Mens Sit Rea – Confidence of a crime requires proof of a criminal deed and intent. Or an human action does not brand a accused guilty without a guilty heed. Or an act does not found guilt unless washed with a guilty intention.

9. Ad hoc – For the item end or example at hand.

10. Alibi – At another place, elsewhere.

11. Amicus Curiae – A friend of courtroom or fellow member of the Bar who is appointed to assist the court.

12. Ante Litem Motam – Before accommodate brought; before controversy instituted, or spoken before a lawsuit is brought.

xiii. Assentio mentium – The meeting of minds, i.e. mutual assents.

14. Audi alteram partem – No man shall be condemned unheard.

15. Bona fide – In practiced organized religion.

sixteen. Bona vacantia – Goods without an possessor.

17. Boni judicis est ampliare jurisdictionem – Information technology is the office of a good judge to enlarge his jurisdiction, i.e. remedial dominance.

18. Caveat – A caution registered with the public courtroom to point to the officials that they are not to human activity in the matter mentioned in the caveat without get-go giving notice to the caveator.

19. Caveat actor – Let the doer beware.

twenty. Caveat emptor – Let the buyer beware.

21. Caveat venditor -Let the seller beware.

22. Certiorari – A writ past which orders passed by an junior court is quashed.

23. Communis hostis omnium – They are common enemies of all. The common enemy of anybody. Read with section 4(2) of IPC.

24. Corpus – Body.

25. Corpus delicti – The facts and circumstances constituting a offense and Concrete evidence of a law-breaking, such every bit a corpse (dead body).

Also, it refers to the principle that 'a criminal offense must exist proved to have occurred earlier a person can exist convicted of committing that crime.' (This definition is by and large used in Western Police.)

26. Crimen trahit personam – The law-breaking carries the person. Read with department 2 of IPC. In other words, it means wherever a person goes, and if he commits a crime there, then he will exist covered by the provisions of the Indian Penal Code, that is, Interterritorial Jurisdiction.

27. Damnum sine injuria – Damages without injuries.

28. De facto – In fact.

29. De jure – Past law.

30. De minimis – Virtually minimal things.

31. De Minimis Non Curat Lex – The police force does not govern trifles (unimportant things). Or law is not concerned with small-scale or insignificant things/matters. Read with section 95 of IPC. Or A common police principle whereby judges will not sit in judgment of extremely minor transgressions (offence, wrongdoings) of the law.

32. De novo – To brand something anew.

33. Dictum – Statement of law made by the judge in the grade of the decision but not necessary to the conclusion itself.

34. Doli capax – Capable of forming necessary intent to commit a criminal offense. Read with department 83 of IPC.

35. Doli incapax – Incapable of crime. Or incapable of forming the intent to commit a crime. Read with section 82 of IPC.

36. Detinue – Tort of wrongfully holding appurtenances that belong to someone else.

37. Donatio mortis causa – Souvenir because of expiry. Or a future gift given in expectation of the donor's imminent decease and only delivered upon the donor's death.

38. Estoppel – Prevented from denying.

39. Ex gratia – As favour.

40. Ex officio – Considering of an office held.

41. Ex parte – Proceedings in the absence of the other party.

42. Ex post facto – Out of the backwash. Or afterwards the fact.

According to Wikipedia, It is a law that retroactively changes the legal consequences (or status) of actions that were committed or relationships that existed before the enactment of the law. In criminal law, information technology may criminalise deportment that were legal when committed; it may aggravate a crime by bringing information technology into a more than severe category than it was in when it was committed; it may modify the punishment prescribed for a crime, every bit by adding new penalties or extending sentences; or information technology may alter the rules of evidence in order to make conviction for a criminal offence likelier than information technology would have been when the deed was committed.

43. Fatum – Beyond human foresight.

44. Factum probans – Relevant fact.

45. Fraus est celare fraudem – Information technology is a fraud to conceal a fraud.

46. Functus officio – No longer having power or jurisdiction.

47. Furiosi nulla voluntas est – Mentally impaired or mentally incapable persons cannot validly sign a will, contract, or course the frame of mind necessary to commit a crime. Or a person with mental illness has no gratis volition.

48. Furious absentis loco est – A madman is like one who is absent. Read with section 84 of IPC.

49. Furiosis furore suo puiner -A madman is best punished by his own madness.

50. Furiosis nulla voluntas est – A madman has no will.

51. Habeas corpus – A writ to take the torso of a person to be brought in before the approximate.

52. Ignorantia facit doth excusat, Ignorance juris non-excusat – Ignorance of fact is an excuse, but ignorance of the law is no excuse. Read with sections 76 and 79 of IPC.

53. Ignorantia juris non excusat – Ignorance of law is not an excuse. Or ignorance of the law excuses no one. In other words, a person who is unaware of a constabulary may not escape liability for violating that law merely considering one was unaware of its content.

54. Injuria sine damnum – Injury without damage.

55. Ipso facto – By the mere fact.

56. In promptu – In readiness.

57. In lieu of – Instead of.

58. In personam – A proceeding in which relief I sought against a specific person.

59. Allusion – Spoken words that are defamatory because they take a double meaning.

60. In status quo – In the nowadays land.

61. Inter alia – Among other things.

62. Inter vivos – Between living people (peculiarly of a gift as opposed to a legacy).

63. Interest Reipublicae Ut Sit Finis Litium – It means it is in the interest of the state that there should be an end to litigation.

64. Jus cogens or ius cogens – Compelling police force.

65. Jus in personam – Right against a specific person.

66. Jus in rem – Right against the world at large. Related: What Is Right in Rem and Right in Personam?

67. Jus naturale – Natural law. Or in other words, a arrangement of law based on key ideas of right and wrong that is natural law.

68. Jus Necessitatis – It means a person'due south right to practise what is required for which no threat of legal penalisation is a dissuasion.

Dissuasion means the activity or process of trying to persuade someone not to have a particular class of action.

Question asked past a law student: I accept a doubt nearly the maxim jus necessitatis. Does it come nether section 81 or 87 of IPC?
Answer: This is called the doctrine of necessity. It ways a person doing a thing nether coercion of a state of affairs. It is not considered a wrongful act. It comes under the ambit of section 81 of IPC.

69. Jus non scriptum – Customary law.

70. Jus scriptum – Written constabulary.

71. Jus – Police or right.

72. Justitia nemini neganda est – Justice is to be denied to nobody.

73. Jus soli – Right of soil.

74. Jus sanguins – Right of blood or descent.

75. Lex non a rege est violanda – The law must not be violated even by the king.

76. Locus standi – Correct of a party to an action to appear and exist heard by the court.

77. Mala fide – In bad faith.

78. Malum in se or Mala in se (plural) – Incorrect or evil in itself. Or Mala in se is 'a term that signifies criminal offence that is considered wrong in and of itself.' For example, most homo beings believe that murder, rape, and theft are wrong, regardless of whether a law governs such conduct or where the conduct occurs and is thus recognisably malum in se.

79. Malum prohibitum – In a way, reverse of Malum in se. It means 'crimes are criminal not because they are inherently bad, but because the act is prohibited by the law of the state.' For example, jurisdiction in India requires drivers to drive on the left side of the route. This is not considering driving on the right side of a road is considered immoral, but considering the police says to drive on the left side and non on the correct side.

lxxx. Mandamus – 'We command'. A writ of command issued by a higher court to regime and public authority to hogtie the operation of public duty. Related: 5 Types of Writs.

81. Mens rea – Guilty listen.

82. Misnomer – A wrong or inaccurate name or term.

83. Modus operandi – Style of working. Or mode of operation.

84. Modus Vivendi – Way of living.

85. Mutatis Mutandis – With the necessary changes having been made. Or with the respective differences having been considered.

86. Nemo bis punitur pro eodem delicto – Nobody can be twice punished for the same offence.

87. Nemo debet bis vexari pro una et eadem causa – It means no man shall be punished twice for the same offence.

88. Nemo debet esse judex in propria causa or Nemo judex in causa sua or Nemo judex in sua causa – Nobody can be the judge in his ain case.

89. Nemo moriturus praesumitur mentire – A human will not run across his maker (God) with a prevarication in his mouth. Or, in other words, 'no human being at the point of death is presumed to lie.' This maxim is related to dying declaration.

ninety. Nemo Potest esse tenens et dominus – Nobody tin exist both a landlord and a tenant of the same belongings.

91. Nolle prosequi – A formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit.

92. Novation – Transaction in which a new contract is agreed past all parties to supervene upon an existing contract.

93. Nullum crimen sine lege, nulla poena sine lege – In that location must be no crime or punishment except in accord with fixed, predetermined constabulary. In other words, in that location must be no punishment without police force.

94. Nunc pro tunc – Now for then. A ruling nunc pro tunc applies retroactively to right an earlier ruling.

95. Not Sequitur – A statement (such equally a response) that does not follow logically from or is not conspicuously related to anything previously said.

Source: Merriam Webster Dictionary.

96. Obiter dictum – Things said past the way. Information technology is generally used in law to refer to an opinion or non-necessary remark made by a estimate. It does non human activity equally a precedent.

In other words, Obiter dictum ways "that which is said in passing," an incidental statement. Specifically, in law, it refers to a passage in a judicial opinion that is non necessary for the decision of the instance before the courtroom. Such statements lack the forcefulness of precedent but may nevertheless exist significant.

Source: Britannica

97. Onus probandi – Brunt of proof.

98. Pacta Sunt Servanda – Agreements must be kept. Or Agreements are legally binding.

In international agreements it means 'every treaty in force is binding upon the parties to it and must exist performed by them in skillful faith.'

99. Pari passu – With an equal step. Read more than about it on Wikipedia.

100. Particeps criminis – A participator in the bodily criminal offence/partner in crime.

101. Per curiam (conclusion or stance) – By the court. In other words, the determination is made by the court (or at least, a majority of the court) interim collectively.

102. Per se – Past itself.

103. Persona non grata – A person who is unacceptable or unwelcome.

Opposite of persona non grata is persona grata.

Too, in diplomacy, a persona non grata is a foreign person whose inbound or remaining in a particular country is prohibited by that land's regime.

104. Prima facie – At showtime sight. Or on the face of information technology.

105. Alimony – A husband'south (or wife'south) provision for a spouse after separation or divorce; maintenance.

106. Palimony – Money which a human being pays to a woman with whom he has been living and from whom he is separated. Palimony has slightly unlike meanings in different jurisdictions.

107. Per curiam – By a court.

108. Per incuriam – Because of lack of care.

109. Quantum meruit – What one has earned. Or the amount he deserves.

In other words, A reasonable sum of money to exist paid for services rendered or work washed when the corporeality due is non stipulated (specified, written down) in a legally enforceable contract.

Source: Oxford

110. Qui facit per alium, facit per se – He who acts through another acts himself.

In unproblematic words, It is a fundamental legal maxim of the law of agency. Information technology is a maxim often stated in discussing the liability of the employer for the act of employee in terms of vicarious (indirect, secondhand) liability.

111. Qui peccat ebrius luat sobrius – He who does wrong when boozer must be punished when sober. Read with section 86 of IPC.

112. Quid pro quo – Something for something.

113. Qui sentit commodum, sentire debet et onus – It means he who receives advantage must also comport the burden.

114. Quo warranto – By what authority. A writ calling upon i to evidence under what authority he holds or claims a public office.

115. Quod necessitas non habet legem or Necessitas non habet legem – Necessity knows no constabulary. Read with section 81 of IPC.

116. Ratio decidendi – Principle or reason underlying a court judgement. Or the rule of police on which a judicial decision is based.

117. Respondeat superior – Let the chief answer. For example, there are circumstances when an employer is liable for acts of employees performed within the grade of their employment. This rule is also chosen the master-servant dominion.

Or let the chief answer. In other words, it means to hold the employer or the primary legally responsible for the wrongful acts of an employee or agent committed within the scope of the employment or agency. Read with sections 154 & 155 of IPC.

118. Res ipsa loquitor – The matter speaks for itself. Related: What Is Res Ipsa Loquitor

119. Res Judicata – A matter already judged. Related: Res Judicate Is Based On three Maxims. Related: Res Judicata vs Res Sub Judice

120. Res Judicata Pro Veritate Accipitur – It means that a judicial decision must be accepted every bit correct.

121. Rex non protest peccare – The king can practice no wrong.

122. Salus populi est suprema lex – The welfare of the people is the supreme police.

123. Status quo – State of things as they are now.

124. Sine dice – With no day (indefinitely).

125. Sine qua non – "Without which nothing". An essential condition. A thing that is absolutely necessary. Basically a component of an statement that, if debunked, causes the unabridged argument to crumble.

126. Suo Motu – On its own movement.

127. Uberrima fides (sometimesuberrimae fidei) – Utmost practiced faith.

128. Ubi jus ibi remedium – Where in that location is a right, there is a remedy.

129. Veto – Ban or society not to allow something to become police force, fifty-fifty if it has been passed by a parliament.

130. Vice versa – Reverse position.

131. Vis major – Act of God.

132. Volenti non fit injuria – Impairment suffered past consent gives no cause of activity. Or harm caused with consent cannot be considered an injury. Read with section 87 of IPC.

In other words, If someone willingly places himself in a position where he knows that harm might event, then he is not able (allowed) to bring a claim against the other political party in tort or delict (a violation of the police).

133. Vocalism populi – Voice of the people. Or the opinion of the majority of the people.

134. Waiver – Voluntarily giving upwards or removing the conditions.

Read Side by side:
i. Of import Words of Hindu Police
two. Important Words of Muslim Police force
3. Must-know Case Nomenclatures Used in Indian Courts

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Source: https://www.writinglaw.com/important-legal-maxims-and-phrases/

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