Legal Maxims Table

Legal Maxims Table

S.No. Legal Maxim (Latin) English Translation Explanation & Example
1 Actus non facit reum nisi mens sit rea An act does not make a person guilty unless there is a guilty mind A person cannot be convicted of a crime without intent.
Example: Accidentally bumping into someone is not a crime, but deliberately hitting someone is.
2 Audi alteram partem Hear the other side No person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.
Example: A court must hear both the plaintiff and the defendant before making a judgment.
3 Caveat emptor Let the buyer beware The buyer assumes the risk in a transaction.
Example: A buyer purchases a car without warranty; if the car breaks down, the buyer cannot hold the seller responsible.
4 De minimis non curat lex The law does not concern itself with trifles Minor matters are not governed by the law.
Example: The law will not prosecute someone for taking a penny that belongs to another.
5 Ex turpi causa non oritur actio No action arises from a dishonorable cause A plaintiff cannot pursue a legal remedy if it arises from their own illegal act.
Example: A person cannot sue a partner for the proceeds of a joint illegal business.
6 Ignorantia juris non excusat Ignorance of the law is no excuse A person who is unaware of a law may not escape liability for violating that law merely because they were unaware of its content.
Example: Claiming ignorance of tax laws does not exempt one from penalties for tax evasion.
7 In loco parentis In the place of a parent A person or organization assuming the responsibilities of a parent.
Example: Teachers have certain responsibilities and authority over students similar to that of parents.
8 Lex talionis The law of retaliation The principle of retributive justice where the punishment corresponds directly to the offense.
Example: "An eye for an eye" is a form of lex talionis.
9 Nemo dat quod non habet No one gives what they do not have A person cannot grant a right that they themselves do not possess.
Example: Selling property that one does not legally own.
10 Nemo judex in causa sua No one should be a judge in their own cause A person cannot pass judgment on a case in which they have an interest.
Example: A judge recusing themselves from a case where a family member is involved.
11 Nemo est supra legis No one is above the law Every person is subject to the law, no matter their status.
Example: Government officials can be prosecuted for crimes like any other citizen.
12 Nullum crimen sine lege No crime without law One cannot be charged with a crime if no law exists against it.
Example: A person cannot be punished for an act that was not legally defined as a crime at the time it was committed.
13 Pacta sunt servanda Agreements must be kept The principle that agreements and contracts are binding.
Example: A contract for the sale of goods must be honored by both parties.
14 Res judicata A matter judged A final judgment rendered by a competent court is conclusive and prevents relitigation of the same matter.
Example: A case dismissed with prejudice cannot be brought back to court on the same grounds.
15 Salus populi suprema lex esto The welfare of the people shall be the supreme law The well-being of the public is the highest law.
Example: Public health regulations during a pandemic are enacted to protect the welfare of the people.
16 Stare decisis To stand by things decided The doctrine that courts should follow precedents established in previous cases.
Example: Courts generally follow previous rulings on similar cases unless there is a strong reason to overturn them.
17 Ubi jus ibi remedium Where there is a right, there is a remedy Legal rights must have legal remedies for enforcement.
Example: If someone breaches a contract, the injured party can sue for damages.
18 Vigilantibus non dormientibus jura subveniunt The law assists those who are vigilant, not those who sleep on their rights Legal protection is granted to those who are proactive in asserting their rights.
Example: Filing a lawsuit within the statute of limitations is crucial to obtaining legal relief.
19 Volenti non fit injuria To a willing person, no injury is done A person who consents to an act cannot claim to be injured by it.
Example: Participating in a contact sport implies consent to the associated risks of injury.
20 Qui tacet consentire videtur He who is silent is taken to agree Silence implies consent.
Example: Not objecting to the terms of a contract may be interpreted as acceptance.
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