Legal Maxims And Legal Terms

Transcription

1 Legal Maxims And Legal Terms Hi guys, legal maxims and legal terms are something which have been frequently asked in CLAT and AILET featuring in the English section. We have tried to compile a few of them so that it might prove helpful for you all and the rest of the legal terms and maxims section will be provided later. Happy Reading!! LEGAL TERM AD IDEM ALIBI AD VALOREM CAVEAT EMPTOR CITATION DAMNUM SINE INJURIA EX GRATIA FAUX PAS IN TERROREM QUO WARRANTO PRIMA FACIE INJURIA SINE DAMNUM IGNORANTIA JURIS NON EXCUSAT LIS PENDENS LOCUS STANDI SUO MOTO MANDAMUS IPSO FACTO QUASI RES JUDICATA MEANING Identity of minds Elsewhere According to the value Buyers Beware Quotation of decided cases in legal arguments Damage without legal injury As a favour Tactless mistake In order to cause terror By what authority On the face of it Legal injury without actual damage Ignorance of law is not an excuse A pending suit Right to be heard in court On its own Higher court ordering an authority to a certain duty By this very fact Like/Similar A case which has already been decided

2 SUB JUDICE OBITER DICTA QUANTUM MERUIT MODUS OPERANDI RES IPSA LOQUITOR QUID PRO QUO RATIO DECIDENDI SINE QUA NON SINE DIE STARE DECISIS UBERRIMAE FIDE AMICUS CURIAE STATUS QUO ANTE VOX POPULI ABATE ATTACH ASSAULT AFFIDAVIT ADJUDICATE AFFRAY ALLEGIANCE Under judicial consideration Things which are said in passing part of a judgement As much as deserved Mode of working The things speak for itself. Action done in return for something done/promised Reason for deciding the main part of judgement. Without which nothing Indefinitely The principle that courts must abide by precedents set by judgement made in higher courts. Of utmost good faith. He is a member of the Bar or other stand by who informs the court when it is doubtful or mistaken of any fact or decided case. The previous position The voice of the people To reduce or to become null or void. To take into custody of law. Striking another person. A written statement which is signed and sworn before a solicitor or Notary public and which can then be used as evidence in court hearing. To give a judgement between two parties in law. Public fight which frightens other people. Obedience to the state/crown.

3 AMNESTY ANNUL APPELLANT BONAFIDE MALAFIDE BYE LAW BURDEN OF PROOF COERCION CONFISCATE CORROBORATE TESTATE ULTRA VIRES VETO VOID WAGER REMISSION REPUDIATE REPEAL REVOKE STAY TACIT BONAFIDE MALAFIDE BYE LAW Pardon, often for political crimes. To cancel Person who appeals. In good faith. In bad faith. Rules governing the internal running of a club/association. To prove something which has been alleged in court, is true. To force someone by pressure to do an act. To take away private property into the possession of the state. To prove evidence which has already been given Dying after making a will. Outside the powers. Right of executive head to refuse to approve any legislation. Nullity in the eyes of law. A bet. To reduce To refuse to accept. Doing away with law so that it is no longer valid. To cancel/withdraw Temporary stopping of an order made by court. Agreed but not stated. In good faith. In bad faith. Rules governing the internal running of a club/association.

4 BURDEN OF PROOF COERCION CONFISCATE CORROBORATE MALA IN SE MANDAMUS MENS REA NEMO DEBET ESSE JUDEX IN PROPRIA CAUSA NEXUS NISI NON SEQUITUR PARI PASSU PER CURIAM PRO RATA QUANTUM RE RES To prove something which has been alleged in court, is true. To force someone by pressure to do an act. To take away private property into the possession of the state. To prove evidence which has already been given. Bad in themselves. We command. Guilty state of mind. No one can be judge in his own case. Connection Unless An inconsistent statement On an equal footing. In the opinion of the court. In proportion. An amount. In the matter of. Matter, affair, thing, circumstance.res judicata A thing adjudged is accepted for the truth.

5 Legal Maxims AB INITIO ACCESSORIUS SEQUITUR ACTORI INCUMBIT ONUS PROBANDI ACTUS NON FACIT REUM NISI MENS SIT REA ACTUS REUS AD HOC AD INFINITUM AEQUITAS LEGEM SEQUITUR ANIMO TESTANDI ANTE AUDI ALTERAM PARTEM BONA FIDE BONA VACANTIA CAUSA PROXIMA, NON REMOTA SPECTATUR CAVEAT VENDITOR CONSENSUS AD IDEM CONTEMPORANEA EXPOSITIO EST OPTIMA ET FORTISSIMA IN LEGE CONTRA CORPUS DELICTI DE JURE BY LAW, RIGHT DE MINIMIS LEX NON CURAT From the beginning An accessory to the crime cannot be guilty of a more serious crime than the principal offender. The burden of proof lies on the plaintiff. A person will not be guilty without criminal intent. A guilty deed or act. For this purpose. Forever, without limit, to infinity. Equity follows the law.. With an intention of making a will. Before. Hear the other side (A principal of natural justice) Sincere, in good faith Goods without an owner To determine the cause of an injury, the immediate, and not the remote cause is to be considered. Let the seller beware. Agreement as to the same things. A contemporaneous(present) exposition is best and most powerful in law. To the contrary. The body, i.e. the body of crime. The law does not notice trifling matters.

6 DE NOVO DOLI INCAPAX EJUSDEM GENERIS EX GRATIA EX PARTE EX POST FACTO FACTUM HABEAS CORPUS IGNORANTIA FACTI EXCUSAT, IGNORANTIA JURIS NON EXCUSAT IN DELICTO IN JURE NON REMOTA CAUSA SED PROXIMA SPECTATUR IN LIMINE IN PERSONAM IN REM IN SITU INTER ALIA INTERIM IPSO FACTO INTER VIVOS JUDEX NON POTEST ESSE TESTIS IN PROPIRA CAUSA JUS JUS NATURALE LEGES POSTERIORES PRIORES CONTRARIAS ABROGANT ASSENTIO MENTIUM QUI FACIT PER ALIUM, FACIT PER SE QUID PRO QUO Starting afresh. Incapable of crime (minor) Of the same kind. Out of kindness, voluntary. Proceeding brought by one person in the absence of another. By reason of a subsequent act. An act or deed. Produce the body. Ignorance of fact can be excused, but ignorance of law cannot be excused. At fault. In law not the remote but the proximate cause is looked at. At the outset, on the threshold. Against the person. Against the whole world In its place. Amongst other things. Temporary, in the meanwhile. By that very fact. Between living persons A judge cannot be witness in his own cause. A right that is recognised in law. Natural justice. Subsequent laws repeal prior conflicting one. The meeting of minds, i.e. mutual assent. He who acts through another acts himself. Consideration, something for something.

7 RESPONDEAT SUPERIOR SIC UTERE TUO UT ALIENUM NON LAEDAS SUB SILENTIO UBI JUS IBI REMEDIUM EST VOLENTI NON FIT INJURIA PENDENTE LITE NIHIL INNOVETUR Let the principal answer. So use your own as not to injure another s property.. In silence. Where there is a right there is a remedy. An injury is not done to a person consenting to it. During litigation nothing should be changed.