Legal Maxims for AIBE: Commonly asked Legal Maxims Questions for AIBE

Candidates appearing for AIBE should start learning and revising theses important legal maxims, to help them save time and be prepared to score well in the exam.

Important Legal Maxims for Lawyers

Some of the key legal maxims that all law graduates must know and remember are:

A vinculo matrimoni- From the bond of matrimony

Ab extra- From outside

Pacta sunt servanda: Treaties are legally binding

Absoluta sententia expositore non indiget- An absolute judgment needs no expositor

Abundans cautela non nocet- Abundant caution does no harm

Accessorium non ducit sed sequitur suum principale-  An accessory does not draw, but follows its principal

Accessorius sequitur: One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender.

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Ab initio - From the beginning

Actus Curiae Neminem Gravabit - An Act of the Court shall prejudice no man or Court Actions could be heavy.

Actus Non Facit Reum Nisi Mens Sit Rea - The intent and act must both concur to constitute the crime

Audi Alterem Partem - No man shall be condemned unheard. 

Actori incumbit onus probandi - The burden of proof lies on the plaintiff

Actus Reus - A guilty deed or act 

Benignae faciendae sunt interpretationes chartarum, ut res magis valeat quam pereat - Liberal constructions and interpretations are different, so they have an effect rather than fail.

Boni judicis est ampliare jurisdictionem: It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority

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Bis dat qui cito dat -  He gives twice who gives quickly

Caveat-A caution registered with the public court to indicate to the officials that they are not to act in the matter mentioned in the caveat without first giving notice to the caveator.

Caveat actor – Let the doer beware.

Caveat emptor – Let the buyer beware.

Caveat venditor -Let the seller beware.

Certiorari – A writ by which orders passed by an inferior court is quashed.

Communis hostis omnium – They are common enemies of all. The common enemy of everyone. Read with section 4(2) of IPC.

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Corpus – Body.

Corpus delicti – The facts and circumstances constituting a crime and Concrete evidence of a crime, such as a corpse (dead body).

De Facto - Existing in actuality, especially when contrary to or not established by law.

De Minimis Non Curat Lex - The law does not concern itself with trifles

Dominus Litis - Owner of riot

Donatio Mortis Causa - A gift in anticipation of death.

Damnum sine injuria - Damage without legal injury.

Debitum in praesenti, solvendum in futuro - Debt in present, to be paid in Future.

Estoppel – Prevented from denying.

Ex gratia – As favour.

Ex parte – Proceedings in the absence of the other party.

Ex post facto – Out of the aftermath, or After the fact.

Ex turpi causa non oritur actio: No action arises on an immoral contract.

Ex injuria jus non oritur - Law (or right) does not arise from injustice

Fraus et jus nunquam cohabitant - Fraud and justice never stay together.

Habeas Corpus - You have the body.

Ipse Dixit - He himself said it.

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Injuria sine damno - Violation of a legal right without causing any harm

Leges Posteriores Priores Contrarias Abrogant - Later laws repeal earlier laws inconsistent therewith.

Lex Non Cogit Ad Impossiblia - The law does not compel a person to do that which he cannot possibly perform. 

Locus Standi - The right of a party to appear and be heard before a court.

Mandamus - A writ or order that is issued from a court of superior juris diction that commands an inferior tribunal/ court to perform, or refrain from performing, a particular act, the performance of which is required by law as an obligation.

Ignorantia Facti Excusat, Ignorantia Juris Non Excusat - Ignorance of facts may be excused but not ignorance of law.

Impotentia Excusat Legem - Impossibility excuses the law

In lieu of: Instead of

Nulla poena sine lege - Every criminal law has to fulfil all the qualifications

Modus Operandi - Method of working

Res Ipsa Loquitur - Thing speaks for itself

Falsus in uno falsus in omnibus: It means false in one thing, false in everything. Read under section 16 of the Indian Evidence Act. But this maxim is not followed in India, as held in the case of Suchita Singh and Anr vs State of Punjab and Ors (2015).

Functus officio: No longer having power or jurisdiction

 Ex officio- Because of an office held

 Jus naturale – Natural law. Or in other words, a system of law based on fundamental ideas of right and wrong that is natural law.

Sub Silentio - When a rule or principle on a particular point of law in a decision is passed and applied by the court in silence without any consideration to the applicable law or any argument

Pendente lite - During Litigation

Cognovit actionem - One has confessed the action

Quantum Merit – As much as deserved.

Actio Personalis Moritur Cum Persona - A personal right of action dies with the person

Amicus curie - A friend of the court

Quantum - How much, an amount.

Pari passu: With an equal step.

Actori incumbit onus probandi - Actor rests the burden of proof or The burden of proof lies on the plaintiff.

Actus me invito, non est meus actus - The act done by me against my will is not my act.

Post mortem: After death.

Impotentia Excusat Legem - Inability excuses the law.

Factum Valet - An act that should not be done is valid when it is done

Prima Facie - Based on the first impression

Jus Cogens - A compelling law

Jus ad rem - Right to the point

Parens Patriae - Doctrine of parens patriae is a doctrine under which a state has third-party standing to bring a lawsuit on behalf of a citizen.

Prior tempore potior iure / lex posterior - Earlier in time, stronger in law.

Locus Standi - Right of a party to appear and be heard before a court of law or to institute a suit or an action before the court.

Dominus Litus - The person to whom a suit belongs

Stricto Sensu - In the narrow sense

Mutatis Mutandis - The necessary changes

Nemo Debet Esse Judex in Propria Sua Causa - No man can be judge in his own case. No one ought to be a judge in his own cause.

Nemobis punitur poreo dem delicto - No one can be punished twice for the same crime or offence. 

Nemo Debet Bis Vexari Pro Una Et Eadem Causa - A man shall not be vexed twice for one and the same cause 

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Nova Constitutio Futuris Formam Imponere Debet, Non Praeteritis - A new law ought to be prospective and not retrospective, in operation. 

Qui Facit Per Alium Facit Per Se - He who acts by or through another, acts for himself

Dictum- Statement of law made by the judge in the course of the decision but not necessary to the decision itself

Detinue- Tort of wrongfully holding goods that belong to someone else 

Quid pro quo - What for what or Something for something. 

Res Integra - An entire thing; an entirely new or untouched matter.

Furious absentis loco est:  A madman is like one who is absent. Read with section 84 of IPC.

Res Judicata - A thing adjudged

Mens rea – Guilty mind.

Jus- Law or right.

Mala fide:In bad faith

Nemo Potest esse tenens et dominus – Nobody can be both a landlord and a tenant of the same property.

Suppressio Veri or Suggestio Falsi - Concealment of truth or a statement of falsehood. 

Ubi Jus Ibi Remedium - There is no wrong without a remedy. Wherever there is a right there is a remedy. 

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Ubi Non Est Principalis Non Potest Esse Accessorius - Where there is no principal there is no accessory.

Volenti Non Fit Injuria - To the consenting, no injury is done. 

Vigilantibus et non dormientibus jura sub veniunt - Law aids the vigilant and not the dormant or laws aid/assist those who are vigilant, not those who sleep upon/ over their rights.

A verbis legis non recedendum est. - From the words of the law, there must be no departure.

Novation – Transaction in which a new contract is agreed by all parties to replace an existing contract.

Lex Fori – The law of the country. The law of evidence is lex fori. It means the law of evidence is the law of the land where court proceedings are taken.

Malum prohibitum – In a way, opposite of Malum in se. It means ‘crimes are criminal not because they are inherently bad, but because the act is prohibited by the law of the state.’ For example, jurisdiction in India requires drivers to drive on the left side of the road. This is not because driving on the right side of a road is considered immoral, but because the law says to drive on the left side and not on the right side.

Re - In the matter of.

Secus - The legal position is different, it is otherwise

Talis qualis:  Such as it is.

Per se – By itself

Verbatim - Word by word, exactly.

Vi et armis - With the force and arms.

Vigilantibus non dormientibus jura subveniunt - The laws serve the vigilant, not those who sleep.
Volens - Willing.

Waiver – Voluntarily giving up or removing the conditions.

Judex non petest esse testis in propira cause: A judge cannot be a witness inhis own cause.

Judicium non debet esse illusorium, suum effectum habere debet: A judgement ought not to be illusory; it ought to have its proper effect.

Jura na turae sunt immutabilia: The laws of natural justice is immutable.

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