Legal Maxims Flashcards
Ignorantia juris non excusat
Ignorance of the law excuses no one
Nullum crimen, nulla poena sine lege
There is no crime when there is no law punishing the same
Actus me invito factus non est meus actus
An act done by me against my will is not my act
Ubi lex non distinguit nec nos distinguere debemos
Where the law does not distinguish, nor should we distinguish
Stare decisis et non quieta movere
Follow past precedents and do not disturb what has been settled
Legis interpretatio legis vim obtinet
The interpretation placed upon the written law by a competent court has the force of law
Verba legis
Where the statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without interpretation
Verba legis non est recedendum
From the words of a statute there should be no departure (Republic vs. Lacap)
Falsus in uno, falsus in omnibus
false in one thing, false in everything
Aberratio Ictus
Mistake in the blow
Error in personae
Mistake in the identity
Praeter intentionem
Having an injurious result that is greater than that intended
Obiter dictum
Latin for “something said in passing.” A comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case, and as such, it is not legally binding on other courts but may still be cited as persuasive authority in future litigation.
Ejusdem generis
Is a Latin phrase that means “of the same kind.” The statutory and constitutional construction principle of “ejusdem generis” states that where general words or phrases follow a number of specific words or phrases, the general words are specifically construed as limited and apply only to persons or things of the same kind or class as those expressly mentioned.
Contra Bonus Mores
Against the morals and customs
