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IMPORTANT LEGAL MAXIMS




🔸 IMPORTANT LEGAL MAXIMS 🔸


1.Ubi jus ibi remedium – Where there is a right, there is a remedy.

2.Volenti non fit injuria – Damage suffered by consent gives no cause of action.

3.Alibi – At another place, elsewhere

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

5.Locus standi – Right of a party to an action to appear and be heard by the court and be heard by the court

6.Ratio decidendi – Principle or reason underlying a court judgement.

7.Nemo debet esse judex in propria causa – Nobody can be judge in his own case.

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

9.Actionable per se – The very act is punishable and no proof of damage is required

10.Quo warranto – By what authority. A writ calling upon one to show under what authority he holds or claims a public office

11.Mandamus – ‘We command’. A writ of command issued by a Higher Court to Government/Public Authority, to compel the performance of a public duty

12.Estoppel – Prevented from denying.

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

14.Ex gratia – As a favour.

15.Ex officio – Because of an office held.

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

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

18.Amicus Curiae – A friend of court or member of the Bar who is appointed to assist the Court

19.Mala fide – In bad faith.

20.Mens rea – Guilty mind.

21.Modus operandi – Way of working.

22.Modus Vivendi – Way of living.

23.Fatum – Beyond human foresight.

24.Detinue – Tort of wrongfully holding goods which belong to someone else.

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

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

27.Novation – Transaction in which a new contact is agreed by all parties to replace an existing contract.

28.Doli incapax – Incapable of crime

29.Res ipsa loquitor – The thing speaks for itself.

30.Rex non protest peccare – The king can do no wrong.

31.Salus populi est suprema lex – The welfare of the is the supreme law.

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

33.Sine die – “with no day”(indefinitely).

34.Sine qua non – “without which nothing”. An essential condition; a thing that is absolutely necessary. Basically a component of an argument that, if debunked, causes the entire argument to crumble.

35.Denatio mortis causa – Gift because of death.

36.Vis major – Act of God.

37.Ad hoc – For the particular end or case at hand.

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

39.Veto – Ban or order not to allow something to become law, even if it has been passed by a parliament.

40.Vice versa – Reverse position.


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