SYNOPSIS

A STUDY ON LEGAL MAXIMS

SUBJECT:
LEGAL LANGUAGE & LEGAL WRITING

FACULTY:
DR. ARUNA K

SUBMITTED BY
MANSI MISHRA
2019053
INTRODUCTION:
An established principle or proposition. A principle of law universally admitted as being just
and consonant with reason. Maxims in law are somewhat like axioms in geometry. They are
principles and authorities, and part of the general customs or common law of the land; and are
of the same strength as acts of parliament, when the judges have determined what a maxim is
which belongs to the judges and not the Jury. Maxims of the law are held for law, and all other
cases that may be applied to them shall be taken for granted. The application of the maxim to
the case before the court is generally the only difficulty. The true method of making the
application is to ascertain how the maxim arose, and to consider whether the case to which it
is applied is of the same character, or whether it is an exception to an apparently general rule.

Legal maxim, a broad proposition (usually stated in a fixed Latin form), a number of which
have been used by lawyers since the 17th century or earlier. Some of them can be traced to
early Roman law. Much more general in scope than ordinary rules of law, legal maxims
commonly formulate a legal policy or ideal that judges are supposed to consider in deciding
cases. Maxims do not normally have the dogmatic authority of statutes and are usually not
considered to be law except to the extent of their application in adjudicated cases. It seems to
put so much wisdom in so few words and with such conclusive effect. The research is
concerned with three Latin legal maxims namely
 Boni jndicis est ampliare judisdiction
 Utile per inutile non vitiatur
 Cerum est quod certum redid potest.

OBJECTIVE OF THE STUDY:

To study about the historical background of the use of these maxims and cases related to them.
This study aims to:
1. To know about the doctrines/maxims.
2. To understand the applicability of the doctrine under respective law(s).
3. To determine the views of the Judiciary on the doctrine through judicial
pronouncements.

SIGNIFICANCE OF THE STUDY:

The study would help us to understand how these maxims are used in law and legal profession.
The study will help to give a better idea through observation of case studies.
SCOPE OF THE STUDY:
The study is limited to the observation of these three legal maxims and the related case laws.
Limited period of time was the biggest limitation of the study. Territorial and monetary
limitations were also present. The researcher had a limited period of time to complete the
analytical analysis of the given topics that is the three legal maxims and the related case laws.

LITERATURE REVIEW:
The research project is largely based on electronic and secondary sources of data. Data has
been collected from various books, articles, papers and web sources. Footnotes have been
provided wherever needed, either to acknowledge the source or to point to a particular
provision of law.

HYPOTHESIS:
These legal maxims are effective as they are constantly applied in case laws across the world.

RESEARCH METHODOLOGY:
The research methodology used in this project is analytical and descriptive. It is largely based
on electronic and secondary sources of data. Data has been collected from various books,
articles, papers and web sources. Footnotes have been provided wherever needed, either to
acknowledge the source or to point to a particular provision of law.

RESEARCH QUESTION:
What are these legal maxims and how effective are they in law?
 ABSTRACT

The project is mainly focused on explaining the application of legal maxims in various Indian
and foreign judgements. The project will be focussing on detailed description and analysis of
cases to understand three maxims. The three maxims are-

1.Boni jndicis est ampliare judisdictionem.

2. Utile per inutile non vitiatur.

3. Certum est quod certum reddi potest.

The meaning of first maxim is that a new judge will, when necessary extend the limits of
jurisdiction . The cases which will be analysed under the first maxim are Collins v Aron and
Clement v Weaver . The meaning of second maxim is that that which is useful is not rendered
useless by that which is useless. Discussed under the second maxim are Forsyth v Biistowe
and Janes v. Whitbread. The third maxim means that that is certain which is able to be
rendered certain. Cases discussed are Gladstone v Neale and Maughan v Sharpe.

How these fundamental principles have been used will be analysed. Application of the Legal
maxims in the judgement is the focal point of this judgement.