IMPORTANT LEGAL MAXIMS*

 *IMPORTANT LEGAL MAXIMS*


1.Ubi jus ibi remedium – Where there is a right, there is a remedy.


2.Volenti non fit injuria – Damage suffered by consent gives no cause of action.


3.Alibi – At another place, elsewhere


4.Audi alteram partem – No man shall be condemned unheard.


5.Locus standi – Right of a party to an action to appear and be heard by the court and be heard by the court


6.Ratio decidendi – Principle or reason underlying a court judgement.


7.Nemo debet esse judex in propria causa – Nobody can be judge in his own case.


8.Nemo bis punitur pro eodem delicto – Nobody can be twice punished for the same offence.


9.Actionable per se – The very act is punishable and no proof of damage is required


10.Quo warranto – By what authority. A writ calling upon one to show under what authority he holds or claims a public office


11.Mandamus – ‘We command’. A writ of command issued by a Higher Court to Government/Public Authority, to compel the performance of a public duty


12.Estoppel – Prevented from denying.


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


14.Ex gratia – As a favour.


15.Ex officio – Because of an office held.


16.Justitia nemini neganda est – Justice is to be denied to nobody.


17.Lex non a rege est violanda – The law must not be violated even by the king.


18.Amicus Curiae – A friend of court or member of the Bar who is appointed to assist the Court


19.Mala fide – In bad faith.


20.Mens rea – Guilty mind.


21.Modus operandi – Way of working.


22.Modus Vivendi – Way of living.


23.Fatum – Beyond human foresight.


24.Detinue – Tort of wrongfully holding goods which belong to someone else.


25.Assentio mentium – The meeting of minds, i.e mutual assents


26.Nolle prosequi – a formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit.


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


28.Doli incapax – Incapable of crime


29.Res ipsa loquitor – The thing speaks for itself.


30.Rex non protest peccare – The king can do no wrong.


31.Salus populi est suprema lex – The welfare of the is the supreme law.


32.Status quo – State of things as they are now.


33.Sine die – “with no day”(indefinitely).


34.Sine qua non – “without which nothing”. An essential condition; a thing that is absolutely necessary. Basically a component of an argument that, if debunked, causes the entire argument to crumble.


35.Denatio mortis causa – Gift because of death. 


36.Vis major – Act of God.


37.Ad hoc – For the particular end or case at hand.


28.Misnomer – A wrong or inaccurate name or term.


39.Veto – Ban or order not to allow something to become law, even if it has been passed by a parliament.


40.Vice versa – Reverse position.

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