Legal Maxims

Question 1

lex loci celebrationis

Answer 1

“law of the place of the ceremony”

It refers to the law of the place where a contract, especially a marriage contract, is made. This law usually governs when the validity of a marriage is at issue.

Question 2

legis interpretatio legis vim obtinet

Answer 2

the interpretation placed upon the written law by a competent court has the force of law

Question 3

prima facie

Answer 3

at first sight

Question 4

coup de grâce

Answer 4

an action or event that finally ends or destroys something that has been getting weaker or worse

Question 5

orbiter dictum

Answer 5

a passage in a judicial opinion which is not necessary for the decision of the case before the court

Question 6

res judicata

Answer 6

“a matter judged”

prevents a party from bringing a claim once that particular claim has been subjected to a final judgment in some previous lawsuit

Question 7

stare decisis

Answer 7

“let the decision stand”

to stand by things decided

Question 8

nullum crimen nulla poena sine lege

Answer 8

there is no crime when there is no law punishing it

Question 9

salus populi est suprema lex

Answer 9

the welfare of the people is the supreme law

Question 10

quo warranto

Answer 10

special form of legal action used to resolve a dispute over whether a specific person has the legal right to hold the public office that he or she occupies

Question 11

ejusdem generis

Answer 11

of the same kind

Question 12

expressio unius est exclusion alterius

Answer 12

when one or more things of a class are expressly mentioned others of the same class are excluded

Where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to others.

Question 13

casus omisus pro omisso habendus est

Answer 13

a person, object or thing omitted from an enumeration must be held to have been omitted intentionally

Question 14

redendo singula singulis

Answer 14

“by giving each thing to each thing”

is used to describe the practice of assigning or distributing separate things to separate people, or separate words to separate subjects.

Question 15

fiat justice ruat coelum

Answer 15

let justice be done though the heavens fall

Question 16

index animi sermo est

Answer 16

speech is the index of intention

Question 17

verba legis non est recedendum

Answer 17

from the words of a statute there should be no departure

Question 18

nemo ex alterius incommode debet lecupletari

Answer 18

no man ought to be made rich out of another’s injury

Question 19

lex prospicit, non respicit

Answer 19

the law looks forward, not backward

Question 20

locus contractus regit actum

Answer 20

the place where a legal transaction takes place determines the rules that apply to it

Question 21

forum non conveniens

Answer 21

a court acknowledges that another forum or court where the case might have been brought is a more appropriate venue for a legal case, and transfers the case to such a forum.

Question 22

lex loci contractus

Answer 22

the law of the place where a contract was made

Question 23

generalia specialibus non derogant

Answer 23

general words do not derogate from special

Question 24

Nemo cum alterius detrimento locupletari potest

Answer 24

no one shall unjustly enrich himself at the expense of another

Question 25

damnum absque injuria

Answer 25

damage without prejudice

Question 26

que jure suo utitur nullum damnum faci

Answer 26

a person who only exercises his legal right does no injury

Question 27

mobilia sequentur personam

Answer 27

movable things follow the person

Question 28

expressium facit cessare tacitum

Answer 28

what is expressed puts an end to what is implied

Question 29

expresio unius est exclusio alterius

Answer 29

where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to others

Question 30

stare decisis et non quieta novere

Answer 30

when the Supreme Court has once laid down a principal of law as applicable to a certain state of facts, it will adhere to the principle and apply it to all future cases where the facts are substantially the same

Question 31

lex prospicit, non respicit

Answer 31

the law looks forward, not backward

Question 32

pro hac vice

Answer 32

for this time only

Question 33

expressium facit cessare tacitum

Answer 33

what is expressed puts an end to what is implied.