Legal Maxims Table
S.No. | Legal Maxim (Latin) | English Translation | Explanation & Example |
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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