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Frequently asked Legal Maxims

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List of frequently asked Legal Maxims

  • Accessorium principale sequitur – An accessory does not lead, but follows, its principal.
  • Actor sequitur forum rei – A pursuer follows the forum or court the defender.
  • Actus ei nemini facit injuriam – Law holds no man responsible for the act of god.
  • Actus non reum facit reum nisi mens sit rea – To constitute a crime, it is not enough that the act is criminal; it must also be accompanied by a blameworthy mind.
  • Auctoritate judicis – By Judicial Authority.
  • Causa causae est causa causati – The cause of a cause is the cause of the effect.
  • Causa proxima et non remota spectator – The immediate and not the remote cause is to be considered.
  • Causa sine qua non – Factor essential to the occurring of events.
  • Consensus facit jus – Consent makes law.
  • Consensus, non concubitus, facit matrimonium – It is the consent of the parties, not their cohabitation which constitutes a valid marriage.
  • Damnum sine injuria – Damage without legal injury.
  • De die in diem – From day-to-day.
  • De minimus non curat lex – The law does not concern itself with trifling matters.
  • Debita sequuntur personam debitoris – Debtor follows the person of the debtor.
  • Delegatus non potest delegare – A delegated power cannot be further delegated.
  • Ejus est periculum cujus est dominium, aut commodum – Risk is with whom the property belongs, or who reaps the advantage.
  • Ex nudo pacto non oritur action – An action does not arise from a bare promise.
  • Extra territorium judicis – Beyond the territory of the judge.

  • Falsa demonstratio non nocet – Mere false description does not vitiate the object.
  • Ficri non debt, sed factum valet – It ought not to be done, but if done it is valid.
  • Furiosus absentis loco est – An insane person is regarded as an absent person.
  • Ignorantia facti excusat – Ignorance of fact is an excuse.
  • Ignorantia juris non excusat – Ignorance of the law is no excuse.
  • In pari delicto potior est conditio – In equal delict, the position of the defender is the stronger.
  • Injuria non excusat injuriam – A wrong does not excuse a wrong.
  • Injuria non praesumitur – Wrong is not presumed.
  • Is qui omnino desipit – Insane person.
  • Judicium a non suo judice nullius est moment – A judgment pronounced by a judge to decide in a matter falling within his jurisdiction is of no effect.
  • Judicium simper pro veritate accipitur – A judgment always accepted as true.
  • Justo tempore – At the right time.
  • Lex est norma recti – Law is a rule of right.
  • Lex loci contractus – The law of a place where a contract is made. This is generally the proper law of the contract, i.e., the law by which the contract is to be interpreted.
  • Magistratus majores – Superior magistrates.
  • Mutual petition – A counter- claim.
  • Necessitas facit licitum quod alias non est licitum – Necessity makes that lawful which otherwise unlawful.
  • Necessitas publica major est quam private – Public necessity is greater than private.
  • Nemo dat qui non habet – No one pass a better title than what he himself has.
  • Nemo debet bis vexari pro una delicto – No one should be punished twice for the same offence.
  • Nemo debet bis vexari pro una et eadem causa – A man shall not be twice vexed for one and the same cause.
  • Nemo est haeres viventis – No one can be heir during the life of his ancestor.
  • Nemo potest esse simul actor et judex – No one can be at the same time both pursuer and judge.
  • Nemo protest renunciare juri publico – No one can renounce a public right.
  • Nemo punitur pro alieno delicto – No one is punished for another’s crime.
  • Nemo sibi esse judex vel suis jus dicere debet– No one should be judge in his own case or declare the law (pronounce judgment) in his own affair.
  • Nemo tenetur seipsum accusare – No man can be compelled to incriminate himself.
  • Non jus ex requla ex jure – The law does not arise from the rule or maxim, but the rule / maxim from the law.
  • Noscitur a sociis – It is known from its associates.
  • Nullus commodum capere potest de injuria sua propria – no man can take advantage of his own wrong.
  • Nuptias non concubitus sed consensus facit – No cohabitation but consent make marriage.
  • Pacta dant legem contractui – The stipulation of parties constitute the law of the contract.
  • Privatum incommodum bono publico pensatur – Private disadvantage is counter balanced by public good.
  • Qui facit per alium facit per se– He who acts through another is deemed to act in person; a principal is liable for the acts of his agents.
  • Ratio decidendi – The reason of a decision.
  • Resaccessoria sequitur rem principalrm – An accessory follows the principal.
  • Res ipsa loquitur – The things speak for itself
  • Res judicata pro veritate accipitur – A matter adjudged is taken for truth.
  • Res nullius naturaliter fit primi occupantis – A thing that has no owner naturally belongs to the first taker.
  • Res perit suo domino – The thing perishes to its owner, the laws falls on the owner.
  • Rex non potest peccare – The king can do no wrong.
  • Rex nunquam moritur – The sovereign never dies.
  • Rustica et urbana – Rural and urban.
  • Salus populi suprema lex – The welfare of the people is the paramount law.
  • Suppressio veri, Expressio falsi – Suppression of the truth is equivalent to the expression of falsehood.
  • Testibus non testimoniis credendum est – Credence is given to the witness not to their testimony.
  • Transit terra cum onere – The land passes with its burdens.
  • Ubi jus, ibi remedium – When there is a right there is a remedy.
  • Vicarious non habet vicarium – A substitute has no substitute.
  • Void ab initio – Unlawful right of unenforceable rights from the very beginning of the matter or issue or fat.
  • Volenti non fit injuria – Damage suffered by consent is not a cause of action.

Visit our complete collection of legal reasoning questions and posts.

Read our legal reasoning post on void agreements and the practice questions here

Read CLATapult’s post on offer and acceptance here. Also, try their mocks for more legal reasoning practice questions.

Visit CLATalogue for more legal reasoning practice questions for CLAT 2020

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Golden Gate University - upGrad
Golden Gate University - upGrad
Lawctopus Law School
Lawctopus Law School

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