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.
