Legal Maxims

Ad Perpetuam Rei Memoriam

Ad Perpetuam Rei Memoriam

Literal Meaning The perpetual memory of the matter. Origin Latin Explanation This maxim was generally used in Roman Documents. It's written at the end of the document to show that it is “permanent” and “trustworthy”. It’s also used in depositions to preserve the...

Nam Nemo Haeres Viventis

Nam Nemo Haeres Viventis

Origin Latin Literal Meaning No one is heir of a living person Explanation Only when the ancestor dies, does an individual become an actual, complete heir to another. His / her father or other from whom he/she inherits must be deceased before a child may become an...

Erga Omnes

Erga Omnes

Literal Meaning “Towards All” Or “Towards Everyone” Origin Latin Explanation The maxim in legal terms means obligations and rights towards all. It is a kind of implied duty of any person or state also to not infringe the rights of anyone by performing his duty or...

Lex Punit Mendaciam

Lex Punit Mendaciam

LITERAL MEANING The Law Punishes Falsehood ORIGIN Latin EXPLANATION In this legal maxim, there are three special components which are explained below: The law: the system of rules which a particular country or the community recognizes as regulating the actions of its...

Lex Succurrit Ignoranti

Lex Succurrit Ignoranti

Literal Meaning The law succors the ignorant Origin Latin Explanation According to this maxim, the law aids the ignorant. Ignorant means someone who has no knowledge of the law which is a rule of conduct or action prescribed or formally recognized as binding or...

Nemo Punitur Pro Alino Delicto

Nemo Punitur Pro Alino Delicto

Literal Meaning No one is punished for the crime of another Origin Latin Explanation This means to say that no person can be punished for any crime which has been done by some other person. He should be punished only for the crime he has done, not for the crime other...

Non Definitur In Jure Quid Sit Conatus

Non Definitur In Jure Quid Sit Conatus

LITERAL MEANING What an attempt is, is not defined in the law ORIGIN Latin EXPLANATION The maxim can be defined as an attempt is nowhere defined in the law. A person commits the offense of ‘attempt to commit a particular offense’ when he intends to commit that...

Executio Est Finis Et Fructus Legis

Executio Est Finis Et Fructus Legis

Origin Latin Literal Meaning Execution is the end and the fruit of the law Explanation The term “execution” has not been defined in the code. The expression “execution” simply means the process for enforcing or giving effect to the judgment of the court. The...

Qui Prior Est Tempore Potior Est Jure

Qui Prior Est Tempore Potior Est Jure

LITERAL MEANING He who is earlier in time is stronger in Law ORIGIN Latin EXPLANATION It means he who is first in time is first in right or one who is prior in time has a superior right in law. The maxim is qui prior est tempore potior est jure: he who is earlier in...

Crimen Falsi

Crimen Falsi

Literal Meaning The crime of falsehood Origin Latin Explanation It refers to the crime of deceit. In common law, the crime of deceit is the main element of falsehood and fraud which refers to a fraudulent alteration or forgery to conceal the truth to the prejudice of...

Ex Injuria Jus Non Oritur

Ex Injuria Jus Non Oritur

Literal Meaning Illegal Acts Cannot Create Law Origin Latin Explanation Ex injuria jus non oritur is a Latin phrase which means “illegal acts cannot create law.” In other words, a legal right or entitlement cannot arise from an unlawful act or omission. This means...

Consensus Ad Idem

Consensus Ad Idem

Literal meaning Meeting of the minds/ mutual agreement Origin Latin Explanation Consensus ad idem means meeting of minds, mostly used in contract law, which refers to the fact that there is an agreement among the parties to contract. It simply means that there exists...

Functus Officio

Functus Officio

LITERAL MEANING Having performed his duty, having served its purpose/ Of no further legal effect ORIGIN Latin EXPLANATION It means no longer holding an office or having official authority. When an officer or agency whose mandate has expired either because of the...

Omne Majus Continet In Se Minus

Omne Majus Continet In Se Minus

Meaning “The greater contains or embraces the less”. Origin This maxim was suggested in the book “A Selection of Legal Maxims, Classified and Illustrated” by Herbert Broom. It’s a Latin Maxim. Explanation It’s a maxim used in criminal law. When this maxim is applied...

Contracture Uberrima Fides

Contracture Uberrima Fides

Literal meaning Utmost good faith/ most abundant faith Origin Latin Explanation The legal maxim uberrima fides refer to utmost good faith. The underlying principle that governs this maxim is that all human acts should be backed by good faith. Talking about,...

Innuendo

Innuendo

LITERAL MEANING An indirect remark / Make a sign to ORIGIN The word innuendo comes from the Latin phrase innuere meaning ‘make a sign’ EXPLANATION An innuendo (pronounced in-yu-EN-do) is when you say something on the surface that's friendly and harmless that...

Ubi Jus Ibi Remedium

Ubi Jus Ibi Remedium

Literal Meaning Where there is a wrong, there is a remedy. Origin Latin Explanation The maxim states that if any wrong has been committed, the law provides a remedy. In simple terms, the law specifies a remedy for every wrong. It shall also be described as the...

Affirmanti Non Neganti Incumbit Probatio

Affirmanti Non Neganti Incumbit Probatio

LITERAL MEANING The burden of proof lies upon him who asserts and not upon him who denies ORIGIN Latin EXPLANATION Generally, it is the duty of the party who is asserting something, to prove the claims. The party affirming has to produce sufficient evidence in order...

Sub Silentio

Sub Silentio

Literal meaning under or in silence : without notice being taken or without making a particular point of the matter in question origin latin Explanation the maxim refer to something that is implied but not expressly stated. Commonly, the term is used when a court...

Mutatis Mutandis

Mutatis Mutandis

Literal Meaning With things changed that should be changed Origin Latin Explanation The maxim refers to the necessary changes having been made or with consideration of the respective differences. In simple terms, the maxim refers to having substituted new terms or...

Assignatus Utitur Jure Auctoris

Assignatus Utitur Jure Auctoris

Literal Meaning An assignee is clothed with the rights of his assignor Origin Latin Explanation The legal principle implies that the assignor has all the privileges of the individual they serve, but the interest of the delegated subject is restricted to an amount...

Accessorium Principale Sequitur

Accessorium Principale Sequitur

Literal Meaning The accessory follows the principal Origin Latin Explanation The maxim explains that an accessory thing does not lead but follows the principal thing to which it is accessory. The grant of a reversion will also include a rent incident thereto, so...

Contra Non Valentem Agere Nulla Currit Praescriptio

Contra Non Valentem Agere Nulla Currit Praescriptio

Literal Meaning No prescription runs against a person who cannot act Origin Latin Explanation This maxim provides that if the person cannot act, the prescription does not run against him. Accordingly, if a person is a minor and cannot file a suit to protect his...

Pari Passu

Pari Passu

Literal Meaning With an equal step or on equal footing Origin Latin Explanation It is a principle which means all unsecured creditors in insolvency processes, such as administration, liquidation, and bankruptcy must share equally any available assets of the company or...

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