Most important legal maxim for LLB examinations
1. Res judicata (2020)
A matter that has been adjudicated by a competent court and therefore may
not be pursued further by the same parties. Applies to both civil and
criminal law.
2. Caveat Emptor (2020)
Means buyer beware. The principle that the buyer alone is responsible for
checking the quality and suitability of goods before a purchase is
made.
3. Damnum sine injuria (2020, 2019, 2018, 2017)
Damnum sine injuria means damage without infringement of any legal
rights. This maxim is used and the plaintiff has suffered financial,
physical or any other damages but has not suffered any legal damages. This
injuries are not actionable in the court of law.
In the case of Glaucester Grammer School, 1410, a school master setup a
school just opposite of the school and kept a very low fee. As a result
the GGS had to reduce their fees from 40 pence to 12 pence per quarter.
The school filed a case against the new school pleading for the damages.
It was held that since no legal rights were infringed, no action lies
against the new school.
4. Injuria sine demno
This maxim means legal injury without any physical or financial damages.
As per this if any legal rights are infringed, the plaintiff can ask for
the damages even if there is no loss in terms of money or health.
For example, if a person is wrongfully detained, he can file for damages
even though he might have not suffered any financial loss for the
detention period.
5. Animus domini (2020)
Intention to exercise mastery or ownership.
6. Doli incapax (2020)
Doli incapax means “incapable of doing any harm” in Latin. Section 82 of
the Indian Penal Code (IPC) is premised on this and provides absolute
immunity from criminal legal responsibility to a child below seven
years.
7. Ab-initio (2019)
Ab initio is a Latin term which means 'from the beginning'. This term is
used to indicate the existence of certain facts from the beginning of the
case.
8. Adjudicate (2019)
To make a ruling or judgement on a case. This is a decision made by the
court or any other judging authority on any case under trial. This is
often final but in certain cases may be temporary also.
9. Alibi (2019)
The fact of having been elsewhere when a crime was committed on a certain
place. Alibi, therefore, is a defense which can be taken by the accused in
the criminal proceedings by taking the plea that when the offense was
committed, the accused was not present at that place.
10. In pari-delicto (2019)
In pari-delicto is a Latin maxim which means "in equal fault". The phrase
is used to denote a situation where parties to a case are equally culpable
for the wrong. They shall have no action against each other and there can
not ba any relief for them from the court of law.
11. Nemo dat quod non habet (2019)
Latin maxim meaning “no one gives what they do not have”. Sometimes
referred to as the “nemo dat” rule or principle. It refers to the question
whether someone purporting to give or sell property has legal title or
right to do so.
12. Res ipsa loquitur (2017, 2018, 2019)
Res ipsa loquitur, which translates to “the thing speaks for itself,”
utilizes circumstantial evidence to build a case by inference. This means
you can prove a fact to be true through reasonable inference of certain
events or happenings relevant to the injury.
13. Volenti non fit injuria (2019)
Latin for "to a willing person, no injury is done." This doctrine holds
that a person who knowingly and willingly puts himself in a dangerous
situation cannot sue for any resulting injuries.
14. Ubi jus ibi remedium (2019)
The well-known Latin maxim Ubi jus, ibi remedium – meaning 'where there
is a right, there is a remedy', postulates that where law has established
a right there should be a corresponding remedy for its breach.
15. Audi alteram partem (2017, 2019)
Audi alteram partem – The maxim is taken from Latin which means: “Listen to the other side” or “let the other side be heard as well”. It
is fundamental legal principle in which each party is entitled to a fair
hearing and given the opportunity to respond to evidence against
them.
16. Ignorantia facti excusat (2019)
Ignorantia Facti Excusat is a Latin legal maxim that means ignorance of a
fact is an excuse. Any act done under a mistaken impression of a material
fact is excused. However ignorance of law is not an excuse.
17. Ignorantia legis neminem excusat (2018)
The legal principle of ignorantia legis neminem excusat means ignorance
of the law excuses no one. It is derived from Roman law. Essentially, it
means that if someone breaks the law, he or she is still liable even if
they had no knowledge of the law being broken.
18. Actus reus non facit reum, nisi mens sit rea (2018)
The standard common law test of criminal liability is expressed in the
Latin phrase actus reus non facit reum nisi mens sit rea, i.e. "the act is
not culpable unless the mind is guilty". As a general rule, someone who
acted without mental fault is not liable in criminal law.
Actus Non Facit Reum Nisi Mens Sit Rea explains that for any act to be
illegal in nature it must be done with a guilty mind. Thus to convict the
defendant, it must be proved that the criminal act was carried out with a
criminal intend.
19. Respondeat superior (2017)
Respondeat superior in Latin means "let the master answer". This is a
doctrine in tort law that makes a master liable for the wrong of a servant
or agent.
20. In pari-delicto
In pari-delicto is a Latin maxim which means "in equal fault". The phrase
is used to denote a situation where parties to a case are equally culpable
for the wrong. They shall have no action against each other and there can
not ba any relief for them from the court of law.
21. De facto
De facto describes practices that exist in reality, even though they are
not officially recognized by laws.
22. De Jure
De Jure means 'by law' which refers to the things that happens according
to law
23. Ex post facto
Ex post facto is used to refer to a statute that provides for
retrospective actions, thereby making a conduct illegal that was legal
when originally performed.
24. Prima facie
Prima facie, in Latin, means "at first sight". Prima facie is a legal
claim having enough evidence to proceed to trial or judgment.
25. Sine die
Sine die is Latin and is defined as indefinitely, or without a future
date set.
26. Ratio Decidendi
It is a Latin term which literally means "Rational for the decision". It
is a legal phrase which refers to the legal, moral, political and social
reasons used court to frame the judgement. Unlike obiter dicta, ratio
decidendi is, as a general rule, binding on the lower and later
jurisdictions.
27. Obiter Dicta
It is a Latin phrase which means “that which is said in passing,”. It is
an incidental statement and refers to a passage in a judicial opinion
which is not necessary for the decision of the case before the court. Such
statements are not binding on the lower and later judgements.
28. Nemo judex in causa sua (or nemo judex in sua causa)
The phrase is taken from Latin which means "no-one is judge in his own
cause".
It is a principle of natural justice that no person can judge a case in
which they have an interest.
29. Obiter Dictum
Obiter dictum is a Latin phrase which mean “that which is said in
passing,” an incidental statement. Specifically, in law, it refers to a
passage in a judicial opinion which is not necessary for the decision of the
case before the court. Such statements lack the force of precedent but may
nevertheless be significant.
30. Res nullius
The expression "res nullius" is a Latin term which literally mean "Nobody's thing". The property which belongs to no one i.e. res nullius, belongs to the first possessor of it and he acquires a valid title to it as against the world. Thus the fish of the sea and the bird flying in open sky belong to one who first succeeds in obtaining possession of them and acquire an absolute title over them. This mode of acquisition has been called as occupatio in Roman law.
31. Locus Standi
Locus Standi is a Latin phrase which means “the proper place to stand.” It's a legal concept that refers to the right of an individual or group to bring a lawsuit in court. In other words, locus standi refers to who has the right or ability (locus) to bring an issue before the court for resolution.
The doctrine of locus standi is an old doctrine. The doctrine signifies appearance before the court or before anybody on a given question. According to the doctrine of locus standi, a person who is stranger to a disputed matter cannot be allowed to interfere in the judicial proceedings.
32. Ultra-vires
Ultra vires translates to ‘beyond the powers’. It is used to describe an act which requires legal authority or power but is then completed outside of or without the requisite authority. For example, someone decides to fire a co-worker, despite not being his supervisor.
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