Candidates appearing for AIBE should start learning and revising these important legal maxims, to help them save time and be prepared to score well in the exam.
Important Legal Maxims for Lawyers
Some of the key legal maxims that all law graduates must know and remember are:
Allegans Contraria Non Est Audiendus: A person alleging contradictory facts should not be heard
Alter Ego: A second identity within a person
Ambiguitas Contra Stipulatorem Est: Any ambiguity is interpreted against the drafter
Actus Curiae Neminem Gravabit - An Act of the Court shall prejudice no man or Court Actions could be heavy.
Actus Non Facit Reum Nisi Mens Sit Rea - The intent and act must both concur to constitute the crime
Audi Alterem Partem - No man shall be condemned unheard.
Actori incumbit onus probandi - The burden of proof lies on the plaintiff
Actus Reus - A guilty deed or act
Benignae faciendae sunt interpretationes chartarum, ut res magis valeat quam pereat - Liberal constructions and interpretations are different, so they have an effect rather than fail.
Boni judicis est ampliare jurisdictionem: It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority
Also Read:
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Bis dat qui cito dat - He gives twice who gives quickly
Caveat-A caution registered with the public court to indicate to the officials that they are not to act in the matter mentioned in the caveat without first giving notice to the caveator.
Caveat actor – Let the doer beware.
Caveat emptor – Let the buyer beware.
Caveat venditor -Let the seller beware.
Certiorari – A writ by which orders passed by an inferior court is quashed.
Communis hostis omnium – They are common enemies of all. The common enemy of everyone. Read with section 4(2) of IPC.
Also Read: Family Law for AIBE
Corpus – Body.
Corpus delicti – The facts and circumstances constituting a crime and Concrete evidence of a crime, such as a corpse (dead body).
De Facto - Existing in actuality, especially when contrary to or not established by law.
De Minimis Non Curat Lex - The law does not concern itself with trifles
Dominus Litis - Owner of riot
Donatio Mortis Causa - A gift in anticipation of death
Lex Non Cogit ad Impossibilia: The law does not compel the doing of impossibilities.
Fiat Justitia Ruat Caelum: Let justice be done though the heavens fall
Everything Which Is Not Forbidden Is Allowed: unless restricted by law, actions are permissible
No one is obligated to do more than he can: a person is not required to perform an impossible task or act beyond the limits of their own ability
Damnum sine injuria - Damage without legal injury.
Debitum in praesenti, solvendum in futuro - Debt in present, to be paid in Future.
Estoppel – Prevented from denying.
Ex gratia – As favour.
Ex parte – Proceedings in the absence of the other party.
Ex post facto – Out of the aftermath, or After the fact.
Ex turpi causa non oritur actio: No action arises on an immoral contract.
Ex injuria jus non oritur - Law (or right) does not arise from injustice
Fraus et jus nunquam cohabitant - Fraud and justice never stay together.
A vinculo matrimoni- From the bond of matrimony
Ab extra- From outside
Pacta sunt servanda: Treaties are legally binding
Absoluta sententia expositore non indiget- An absolute judgment needs no expositor
Abundans cautela non nocet- Abundant caution does no harm
Accessorium non ducit sed sequitur suum principale- An accessory does not draw, but follows its principal
Accessorius sequitur: One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender.
Ab initio - From the beginning
Habeas Corpus - You have the body.
Ipse Dixit - He himself said it.
Also Read: Bare Acts for AIBE Exam
Injuria sine damno - Violation of a legal right without causing any harm
Leges Posteriores Priores Contrarias Abrogant - Later laws repeal earlier laws inconsistent therewith.
Lex Non Cogit Ad Impossiblia - The law does not compel a person to do that which he cannot possibly perform.
Locus Standi - The right of a party to appear and be heard before a court.
Mandamus - A writ or order that is issued from a court of superior juris diction that commands an inferior tribunal/ court to perform, or refrain from performing, a particular act, the performance of which is required by law as an obligation.
Ignorantia Facti Excusat, Ignorantia Juris Non Excusat - Ignorance of facts may be excused but not ignorance of law.
Impotentia Excusat Legem - Impossibility excuses the law
Jus naturale – Natural law. Or in other words, a system of law based on fundamental ideas of right and wrong that is natural law.
Sub Silentio - When a rule or principle on a particular point of law in a decision is passed and applied by the court in silence without any consideration to the applicable law or any argument
Pendente lite - During Litigation
Cognovit actionem - One has confessed the action
Quantum Merit – As much as deserved.
Actio Personalis Moritur Cum Persona - A personal right of action dies with the person
Amicus curie - A friend of the court
Quantum - How much, an amount.
In lieu of: Instead of
Nulla poena sine lege - Every criminal law has to fulfil all the qualifications
Modus Operandi - Method of working
Res Ipsa Loquitur - Thing speaks for itself
Falsus in uno falsus in omnibus: It means false in one thing, false in everything. Read under section 16 of the Indian Evidence Act. But this maxim is not followed in India, as held in the case of Suchita Singh and Anr vs State of Punjab and Ors (2015).
Functus officio: No longer having power or jurisdiction
Ex officio- Because of an office held
Pari passu: With an equal step.
Actori incumbit onus probandi - Actor rests the burden of proof or The burden of proof lies on the plaintiff.
Actus me invito, non est meus actus - The act done by me against my will is not my act.
Post mortem: After death.
Impotentia Excusat Legem - Inability excuses the law.
Factum Valet - An act that should not be done is valid when it is done
Prima Facie - Based on the first impression
Jus Cogens - A compelling law
Nullum Crimen Nulla Poena Sine Lege: There is no crime without law
Dura Lex Sed Lex: The law is harsh but it is the law
Jus ad rem - Right to the point
Parens Patriae - Doctrine of parens patriae is a doctrine under which a state has third-party standing to bring a lawsuit on behalf of a citizen.
Prior tempore potior iure / lex posterior - Earlier in time, stronger in law.
Locus Standi - Right of a party to appear and be heard before a court of law or to institute a suit or an action before the court.
Dominus Litus - The person to whom a suit belongs
Stricto Sensu - In the narrow sense
Volenti Non Fit Injuria: To one who consents, no injury is done.
Mutatis Mutandis - The necessary changes
Also Read: How to enroll with State Bar Councils for AIBE exam? Fees, Documents Required, Eligibility
Falsus in Uno, Falsus in Omnibus: False in one thing, false in everything
Ejusdem Generis: Of the same kind or nature.
Nemo Debet Esse Judex in Propria Sua Causa - No man can be judge in his own case. No one ought to be a judge in his own cause.
Nemobis punitur poreo dem delicto - No one can be punished twice for the same crime or offence.
Nemo Debet Bis Vexari Pro Una Et Eadem Causa - A man shall not be vexed twice for the same cause
Pactum De Non Agerendo: An agreement not to act.
Res Judicata - A thing adjudged
Assentio mentium- The meeting of minds, mutual assents
Audi alteram partem- No man shall be condemned unheard.
Bona vacantia - Goods without an owner.
Mens rea – Guilty mind.
Jus- Law or right.
Mala fide:In bad faith
Nemo Potest esse tenens et dominus – Nobody can be both a landlord and a tenant of the same property.
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