Legal Maxims Flashcards
A priori
From the antecedent to the consequent.
Ab initio
From the beginning
Action mixta
Mixed action
Action personalis moritur
cum persona
A personal right of action dies with the person.
Actionable per se
The very act is punishable and no proof of
damage is required
Actus Curiae Nemnem
Gravabit
Act of the Court shall prejudice no one
Actus non facit reum, nisi
mens sit re
An act does not make a man guilty unless
there be guilty intention
Actus reus
Wrongful act
Ad hoc
For the particular end or case at hand
Ad idem
At the same point.
Ad valorem
According to the value
Aliunde
From another source.
Amicus Curiae
A friend of court or member of the Bar who is
appointed to assist the court.
Anumus possidendi
Intention to possess
Audi alteram partem
Hear the other side
Ad litem
Referring to the case at law.
A fortiori
For a stranger reason.
Alieni juris
Of another’s right.
Autrefois acquit
Previously acquitted.
Benami
Nameless.
Bona finde
In good faith, genuine.
Bona vacantia
Property with no owner or which does not
have an obvious owner and which usually
passes to the crown
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.
Consensus ad idem
Agreement as to the same thing. {Meeting of
the minds}
Corpus delicti
The facts that constitute an offence.
Cy pres
As nearly as may be practicable/ possible
Champerty
Financial help given to a person starting a
proceeding against a party, where the person
giving help has a share in the damages to be
recovered
Corpus legis
Body of laws
Damnum sine injuria
Damage without injury
De facto
In fact. (as a matter of fact)
De jure
“By law” (where the legal title is clear)
Dehors
Outside, foreign to (French term).
De novo
To make something anew.
Dies non
Day on which no legal business is transacted.
E.g. bank holiday, National holiday.
Del credre agent
Is a mercantile agent who is consideration of
extra remuneration called a del credre
commission undertakes to indemnify his
principal against loss arising from the failure of
persons with whom he enters a contract.
Delegates non potest
delegare
A delegate cannot further delegate.
Dictum
Statement of law made by judge in the course
of the decision but not necessary to the
decision itself / Saying or statement made by a judge.
Dispono
Convey legally
De minimis non curat lex
The law does not deal with trivial things.
Detinue
Tort of wrongfully holding goods which belong
to someone else.
Denatio morits causa
Gift because of death
Ejusdem generis
Of the same kind or nature. Where there are
general words following particular and specific
words, the general words must be confined to
things of the same kind as those specified
Estoppels
Prevented from denying
Ex kparte
Proceedings in the absence of the other party.
Ex turpi causa non oritur
actio
No action arises from an illegal or immoral
cause.
Ex gratia
As a favour
Ex officio
Because of an office held.
Expression unius est
exclusion alterius
The mention that one thing is included implies
that another thing is expressly excluded
Fatum
Beyond human foresight
Fait accompli
Things done and no longer worth arguing
against; an accomplished act
Factum probanda
Fact in issue, which is to be proved
Factum probans
Relevant fact.
Farae naturae
Dangerous by nature; of a wild nature
Force majeure
Circumstance beyond one’s control, irresistible
force or compulsion.
Functus officio
No longer having power or jurisdiction.
Habeas corpus
A writ to have the body of a person to be
brought in before the judge
Ignorantia legis neminem
excusat
Ignorance of law is no excuse
Injuria sine damno
Injury without damage.
Interest reipublicae ut sit
finis litium
State or public interest requires that there
should be a limit to litigation.
Ipso facto
By the very nature of the case; by the mere
fact.
In prompt
In readiness
In posse
In a state of possibility
In limine
Initial stage; at the outset
In lieu of
Instead of
Inter alia
Among other things
Inter se
Among themselves
In spece
In kind
Inter vivos
Between living persons.
Intra personam
A proceeding in which relief is sought against
a specific person.
Id or idem
The same thing or the same person
In forma pauperis
As a poor person.
Innuendo
Spoken words which are defamatory because
they have a double meaning
In statu quo
In the present state.
In terrorem
In order to cause terror
Intestate
To die without making a Will
Jus in personam
Right against a specific person
Jus in rem
Right against the world at large
Jus non scriptum
Unwritten law; Customary Law.
Jus scriptum
Written Law.
Jetsam
Caro which is thrown off a sinking ship.
Jurat
Words at the end of an affidavit, showing the
details of when and by whom it was sworn.
Jus
Law or right
Lex Mercatoria
The law merchant. It is a body of legal
principles founded on the customs of
merchants in their dealings with each other,
and though at first distinct from the common
law, afterwards became incorporated into it.
Lex fori
Law of the place where the cases been heard
Lis
A suit or legal action.
Locus standi
Right of a party to an action to appear and be
heard by the court.
Laissez-faire
Political theory where a government does
nothing to control the state
Lex loci actus
Law of the place where the act took place.
Mala fide
In bad faith
Mandamus
We command. A writ of command issued by a
Higher Court to Government/ Public Authority,
to compel the performance of a public duty.
Mens rea
Guilty mind.
Mansuetae naturae
Harmless or tame by nature
Mesne profits
The rents and profits which a trespasser has
received/ made during this occupation of
premises, which are lost to the actual owner.
Misnomer
A wrong or inaccurate name or term.
M’naghten Rules
Rules which a judge applies in deciding if a
person charged with a crime is insane.
Modus operandi
Way of working
Modus Vivendi
Way of living
Nemo dat quod non habet
No one can give what he does not have.
Monfeasance
Not doing something which should be done by
law
Novation
Transaction in which a new contract is agreed
by all parties to replace an existing contract.
Obiter dictum
A saying by the way. An incidental opinion
expressed by a judge, which is not binding.
Onus probandi
Burden of proof
Obiter dicta
Things which are said is passing.
Pari passu
On equal footing or proportionately.
Per se
By itself; taken alone
Prime facie
At first sight; on the face of it.
Pro bono public
For the public good.
Palimony
Money which a court orders a man to pay
regularly to a man with whom he has been
living and from whom he has separated.
Pe curiam
By a court
Per incuriam
Because of lack of care
Privity of contract
Relationship between the parties to a contract
make it valid.
Qui facit per alium facit per
se
He who acts through another is deemed to be
acting by himself.
Quo Warranto
By what authority. A writ calling upon one to
show under what authority he holds or claims
a public office.
Quid pro quo
Something for something (action done in
return for something done)
Ratio decidendi
Principle or reason underlying a court
judgment
Res judicata
A decision once rendered by a competent
court on a mater in issue between the parties
after a full enquiry should not be permitted to
be agitated again
Res ipsa loquitur
The thing speaks for itself
Respodeat superior
Let the principal be liable
Res sub judice
Matter in course of trial
Res gestae
Facts surrounding or relevant to a case and
admissible as evidence.
Status quo
State of things as they are now
Sine quo non
An indispensable condition; a thing which is
absolutely essential.
Suo Motu
On its own motion
Stare decisis
Precedent. Literally let he decision stand.
Sine die
“With no day” (indefinitely)
Sans recours
With no recourse
Sub judice
Under the law
Uberrimae fide
Of utmost good faith; of the fullest confidence
Ubi jus ibi remedium
Where there is a right, there is a remedy
Ultra vires
Beyond the scope, power or authority
Vis major
Act of God; irresistible forces
Volenti non fit injuria
Damage suffered by consent gives no cause of
action
Veto
Ban or order not to allow something to
become law, even if it has been passed by a
parliament
Vice versa
Reverse position
Vexatious
Annoying, done in order to annoy
Waiver
Voluntarily giving up or removing the
conditions
