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 MEANING

AD IDEM Identity of minds
ALIBI Elsewhere
AD VALOREM According to the value
CAVEAT EMPTOR Buyers Beware
CITATION Quotation of decided cases in legal arguments
DAMNUM SINE INJURIA Damage without legal injury
EX GRATIA As a favour
FAUX PAS Tactless mistake
IN TERROREM In order to cause terror
QUO WARRANTO By what authority
PRIMA FACIE On the face of it
INJURIA SINE DAMNUM Legal injury without actual damage
IGNORANTIA JURIS NON EXCUSAT Ignorance of law is not an excuse
LIS PENDENS A pending suit
LOCUS STANDI Right to be heard in court
SUO MOTO On its own
MANDAMUS Higher court ordering an authority to a certain
duty
IPSO FACTO By this very fact
QUASI Like/Similar
RES JUDICATA A case which has already been decided

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 SUB JUDICE Under judicial consideration
OBITER DICTA Things which are said in passing part of a
judgement
QUANTUM MERUIT As much as deserved
MODUS OPERANDI Mode of working
RES IPSA LOQUITOR The things speak for itself.
QUID PRO QUO Action done in return for something
done/promised
RATIO DECIDENDI Reason for deciding the main part of
judgement.
SINE QUA NON Without which nothing
SINE DIE Indefinitely
STARE DECISIS The principle that courts must abide by
precedents set by judgement made in higher
courts.
UBERRIMAE FIDE Of utmost good faith.
AMICUS CURIAE 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.
STATUS QUO ANTE The previous position
VOX POPULI The voice of the people
ABATE To reduce or to become null or void.
ATTACH To take into custody of law.
ASSAULT Striking another person.
AFFIDAVIT 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.
ADJUDICATE To give a judgement between two parties in
law.
AFFRAY Public fight which frightens other people.
ALLEGIANCE Obedience to the state/crown.

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

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

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 Legal Maxims

AB INITIO From the beginning

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

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

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 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.

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