Legal Maxims

Literal Meaning From day to day Origin Latin Explanation The term is used to refer to an action occurring from day to day or a continuing right of action. The maxim often refers to a type of pay schedule. A continuing cause of action is an action which arises from the...

Literal Meaning Incapable of doing any harm Origin Latin Explanation The maxim refers to a presumption in law that a child is incapable of forming the criminal intent to commit an offense. It is a principle of jurisprudence which describes the criminal liability of...

Literal Meaning An Act of the Court shall prejudice no man Origin Latin Explanation The maxim refers to that an act of the Court shall prejudice no one. It is applicable when a situation is projected where the Court is under an obligation to undo the wrong done to a...

Literal Meaning To reduce something to absurdity Origin Latin Explanation It is a strategy of diminishing an argument or theory to absurdity, bringing the assumptions or implications of the case beyond their logical limits and demonstrating how ludicrous the effects...

Literal Meaning No one at the point of death is presumed to lie. Origin Latin Explanation The maxim is also referred to as be a dying declaration. As per this maxim, a man will not meet his creator with a lie in his mouth. It is the philosophy in law underlying...

Literal Meaning Good justice is broad jurisdiction Origin Latin Explanation The maxim refers that a good judge’s duty is to amplify the remedies of the law. The maxim is to amplify its remedies, and without usurping jurisdiction, apply its rules to the advancement of...

Literal Meaning With the intention to return Origin Latin Explanation It applies primarily to refer to an animal that is under the care of another. Under the concept of animus revertendi, any animal that strayed away from the owner's property onto public land cannot...

Literal Meaning In equal fault Origin Latin Explanation It is a descriptive phrase that indicates that parties involved in an action are equally culpable for the wrong committed. In simple terms, when the parties to a legal controversy are in par delictum, neither can...

Literal Meaning Of the same kind Origin Latin Explanation The maxim refers to where a law lists specific classes of persons or things and then refers them in general, the general statements only apply to the same kind of persons or things specifically listed....

Literal Meaning Not before a judge Origin Medieval Latin Explanation When a suit is brought and determined in a court which has no jurisdiction in the matter, it is said to be coram non judice and the judgment thus delivered is considered void. It refers to those...

Literal Meaning Of public right Origin Latin Explanation The Latin phrase in the legal parlance, means, ‘of public right’ or ‘belonging to the public’. It signifies a thing or a right that is open and exercisable by all persons. In general, it designates things that...

Literal Meaning Wrongs prohibited Origin Latin Explanation The Latin maxim refers to those things which are prohibited by law, and therefore unlawful. It is used in modern times and refers to actions that are wrong simply because laws have been passed prohibiting...

Literal Meaning Equity follows the law Origin Latin Explanation It is a concept that equity or the law will not aid a person or party who is at fault. The law will not aid a person whose own fault is what made the legal action necessary. It is interpreted as to law is...

Literal Meaning With an intention to steal Origin Latin Explanation The general meaning of the maxim is an ‘intention to steal.’ It is often used in the context of theft in reference to the intention to steal, or trespass with animus furandi. Thus, in order to...

Literal Meaning The law does not concern itself with trifles Origin It is the short form of a Latin word ‘De minimis’ meaning ‘about minimal things’ Explanation It is a common law principle whereby the court will not sit in judgment of extremely minor transgressions...

Literal meaning The literal meaning of this maxim is "What is useful is not vitiated by useless" Explaination This maxim shines the light on explaining the general rule settled in pleading. It is applied in Criminal as well as civil cases. It says that mere surplusage...

Literal Meaning Beyond the powers Origin Latin Explanation The phrase refers to actions taken by the government bodies or corporations that exceed the scope of power given to them, under the laws or corporate charters. In a legal perspective, while referring to the...

Literal Meaning Between the living Origin Latin Explanation The phrase refers to a transfer of property by agreement between living persons and can be contrasted with a testamentary transfer, which is a transfer made in a will after death. Thus, an inter-vivos gift is...

Literal Meaning Among other things Origin Latin Explanation The above phrase is used in legal pleadings and writings to specify one example out of many possibilities. In general terms, the phrase is used to say that there are other things involved apart from those...

Literal Meaning To stand by things decided/ doctrine of precedent Origin Latin It is short term of the Latin phrase ‘stare decisis et non quieta movere’ which means ‘to stand by decisions and not to disturb settled matters’. The doctrine is the foundation of the...

Literal Meaning Without designating any future date/ for an indefinite period Origin Latin Explanation Sine die means when something has no definite date or period to resume. The term is used where the date to reconvene is not defined to characterize an adjournment. A...

Literal Meaning A pending legal action Origin The doctrine has been derived from a Latin maxim “Ut pendent nihil innovetur” meaning ‘during litigation nothing should be changed or no new rights should be introduced’. Lis means Suit; Pendens means pending Explanation...

Literal Meaning Elsewhere/ at another place Origin Latin In the 18th century alibi meant ‘an assertion by a person that he or she was elsewhere’. However, in the 20th century, a new sense arose to the meaning as ‘an excuse’. Explanation It is a defense used in...

Literal Meaning A testamentary intention or with the intention of making a will/testament Origin Latin Explanation It means that there needs to be an intention to make a valid testament or will. If there is no animus testandi, there can be no will. ‘Animo’ means...