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Legal Maxims And Legal Terms

Hi guys, legal maxims and legal terms are something which have been frequently asked in

CLAT and AILET featuring in the English section. We have tried to compile a few of them so

that it might prove helpful for you all and the rest of the legal terms and maxims section will be

provided later. Happy Reading!!

LEGAL TERM MEANING

AD IDEM Identity of minds

ALIBI Elsewhere

AD VALOREM According to the value

CAVEAT EMPTOR Buyers’ Beware

CITATION Quotation of decided cases in legal arguments

DAMNUM SINE INJURIA Damage without legal injury

EX GRATIA As a favour

FAUX PAS Tactless mistake

IN TERROREM In order to cause terror

QUO WARRANTO By what authority

PRIMA FACIE On the face of it

INJURIA SINE DAMNUM Legal injury without actual damage

IGNORANTIA JURIS NON EXCUSAT Ignorance of law is not an excuse

LIS PENDENS A pending suit

LOCUS STANDI Right to be heard in court

SUO MOTO On its own

MANDAMUS Higher court ordering an authority to a certain

duty

IPSO FACTO By this very fact

QUASI Like/Similar

RES JUDICATA A case which has already been decided

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SUB JUDICE Under judicial consideration

OBITER DICTA Things which are said in passing part of a

judgement

QUANTUM MERUIT As much as deserved

MODUS OPERANDI Mode of working

RES IPSA LOQUITOR The things speak for itself.

QUID PRO QUO Action done in return for something

done/promised

RATIO DECIDENDI Reason for deciding the main part of

judgement.

SINE QUA NON “Without which nothing”

SINE DIE Indefinitely

STARE DECISIS The principle that courts must abide by

precedents set by judgement made in higher

courts.

UBERRIMAE FIDE Of utmost good faith.

AMICUS CURIAE He is a member of the Bar or other stand by

who informs the court when it is doubtful or

mistaken of any fact or decided case.

STATUS QUO ANTE The previous position

VOX POPULI The voice of the people

ABATE To reduce or to become null or void.

ATTACH To take into custody of law.

ASSAULT Striking another person.

AFFIDAVIT A written statement which is signed and sworn

before a solicitor or Notary public and which

can then be used as evidence in court hearing.

ADJUDICATE To give a judgement between two parties in

law.

AFFRAY Public fight which frightens other people.

ALLEGIANCE Obedience to the state/crown.

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AMNESTY Pardon, often for political crimes.

ANNUL To cancel

APPELLANT Person who appeals.

BONAFIDE In good faith.

MALAFIDE In bad faith.

BYE LAW Rules governing the internal running of a

club/association.

BURDEN OF PROOF To prove something which has been alleged in

court, is true.

COERCION To force someone by pressure to do an act.

CONFISCATE To take away private property into the

possession of the state.

CORROBORATE To prove evidence which has already been

given

TESTATE Dying after making a will.

ULTRA VIRES Outside the powers.

VETO Right of executive head to refuse to approve

any legislation.

VOID Nullity in the eyes of law.

WAGER A bet.

REMISSION To reduce

REPUDIATE To refuse to accept.

REPEAL Doing away with law so that it is no longer

valid.

REVOKE To cancel/withdraw

STAY Temporary stopping of an order made by court.

TACIT Agreed but not stated.

BONAFIDE In good faith.

MALAFIDE In bad faith.

BYE LAW Rules governing the internal running of a

club/association.

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BURDEN OF PROOF To prove something which has been alleged in

court, is true.

COERCION To force someone by pressure to do an act.

CONFISCATE To take away private property into the

possession of the state.

CORROBORATE To prove evidence which has already been

given.

MALA IN SE Bad in themselves.

MANDAMUS We command.

MENS REA Guilty state of mind.

NEMO DEBET ESSE JUDEX IN PROPRIA CAUSA No one can be judge in his own case.

NEXUS Connection

NISI Unless

NON SEQUITUR An inconsistent statement

PARI PASSU On an equal footing.

PER CURIAM In the opinion of the court.

PRO RATA In proportion.

QUANTUM An amount.

RE In the matter of.

RES Matter, affair, thing, circumstance.Res judicata

A thing adjudged is accepted for the truth.

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Legal Maxims

AB INITIO From the beginning

ACCESSORIUS SEQUITUR An accessory to the crime cannot be guilty

of a more serious crime than the principal

offender.

ACTORI INCUMBIT ONUS PROBANDI The burden of proof lies on the plaintiff.

ACTUS NON FACIT REUM NISI MENS SIT

REA

A person will not be guilty without

criminal intent.

ACTUS REUS A guilty deed or act.

AD HOC For this purpose.

AD INFINITUM Forever, without limit, to infinity.

AEQUITAS LEGEM SEQUITUR Equity follows the law..

ANIMO TESTANDI With an intention of making a will.

ANTE Before.

AUDI ALTERAM PARTEM Hear the other side (A principal of natural

justice)

BONA FIDE Sincere, in good faith

BONA VACANTIA Goods without an owner

CAUSA PROXIMA, NON REMOTA

SPECTATUR

To determine the cause of an injury, the

immediate, and not the remote cause is to

be considered.

CAVEAT VENDITOR Let the seller beware.

CONSENSUS AD IDEM Agreement as to the same things.

CONTEMPORANEA EXPOSITIO EST

OPTIMA ET FORTISSIMA IN LEGE

A contemporaneous(present) exposition is

best and most powerful in law.

CONTRA To the contrary.

CORPUS DELICTI The body, i.e. the body of crime.

DE JURE – BY LAW, RIGHT

DE MINIMIS LEX NON CURAT The law does not notice trifling matters.

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DE NOVO Starting afresh.

DOLI INCAPAX Incapable of crime (minor)

EJUSDEM GENERIS Of the same kind.

EX GRATIA Out of kindness, voluntary.

EX PARTE Proceeding brought by one person in the

absence of another.

EX POST FACTO By reason of a subsequent act.

FACTUM An act or deed.

HABEAS CORPUS Produce the body.

IGNORANTIA FACTI EXCUSAT,

IGNORANTIA JURIS NON EXCUSAT

Ignorance of fact can be excused, but

ignorance of law cannot be excused.

IN DELICTO At fault.

IN JURE NON REMOTA CAUSA SED

PROXIMA SPECTATUR

In law not the remote but the proximate

cause is looked at.

IN LIMINE At the outset, on the threshold.

IN PERSONAM Against the person.

IN REM Against the whole world

IN SITU In its place.

INTER ALIA Amongst other things.

INTERIM Temporary, in the meanwhile.

IPSO FACTO By that very fact.

INTER VIVOS Between living persons

JUDEX NON POTEST ESSE TESTIS IN

PROPIRA CAUSA

A judge cannot be witness in his own

cause.

JUS A right that is recognised in law.

JUS NATURALE Natural justice.

LEGES POSTERIORES PRIORES

CONTRARIAS ABROGANT

Subsequent laws repeal prior conflicting

one.

ASSENTIO MENTIUM The meeting of minds, i.e. mutual assent.

QUI FACIT PER ALIUM, FACIT PER SE He who acts through another acts himself.

QUID PRO QUO Consideration, something for something.

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RESPONDEAT SUPERIOR Let the principal answer.

SIC UTERE TUO UT ALIENUM NON

LAEDAS

So use your own as not to injure another s

property..

SUB SILENTIO In silence.

UBI JUS IBI REMEDIUM EST Where there is a right there is a remedy.

VOLENTI NON FIT INJURIA An injury is not done to a person

consenting to it.

PENDENTE LITE NIHIL INNOVETUR During litigation nothing should be

changed.