Legal Maxims

Literal Meaning Something absolutely indispensable or essential/ condition without which it could not be. Origin Latin Explanation The Latin phrase refers to an essential condition or qualification; an indispensable thing or absolute prerequisite. It is a circumstance...

Literal Meaning On its own motion Origin Latin Suo Moto has its genesis in the concept of “Epistolary Jurisdiction”, which emerged in the late seventies through judicial activism in order to make the judicial process more accessible to poor, socially and economically...

Literal Meaning Lawsuits Origin Latin term; in Roman law - Legal or lawful action; actions of or at law Explanation The legis actiones is the oldest known form of civil procedure in the history of Roman law. The peculiar aspect of a trial in an action under the legis...

Literal Meaning An entire thing; an entirely new or untouched matter Origin Latin Explanation The term res integra is applied to those points of the law which have not been decided, which are untouched by dictum or decision. It is a point not covered by the authority...

Literal Meaning Let the buyer beware Origin Latin Explanation Caveat Emptor is a principle of contract law, that place the onus on the buyer to perform due diligence before making a purchase. In general, it is the principle that often places the burden to reasonably...

Literal Meaning We command/ we mandate Origin The writ of mandamus was first used by English courts in the early seventeenth century. It has been originated from the ‘Latin’ language. Explanation Article 32 and 226 of the Indian Constitution gives power to the Supreme...

Literal Meaning Against a thing Origin Latin Explanation In rem is a legal term defining the authority, a court can exercise over the property (either actual or personal) or a "status" against an individual over whom the court has no jurisdiction in personam. The...

Literal Meaning Against a particular person Origin Latin Explanation A proceeding in personam is a case demanding a judgment which is clearly enforceable against an individual. An action in personam can impact the rights and interests of the defendant. In a lawsuit...

Literal Meaning The right to appear and be heard before a court Origin Latin Explanation The maxim refers to the right of a party to appear and be heard before a court of law or to institute a suit or an action before the court. For instance, an individual cannot...

Literal Meaning Abundant or extreme caution does no harm. Origin Latin Explanation The theory is usually applied to the creation of instruments in which superfluous terms are added to convey the purpose more explicitly. In general terms, the maxim refers that a great...

Literal Meaning He said it, himself. Origin Latin Explanation The principle applies to an appeal to authority, with the authority being itself. It is a statement that while unfounded and unproven, it may bear some weight depending solely on the authority or status of...

Literal Meaning He who does wrong when drunk must be punished when sober. Origin The maxim is originated from Latin language. Explanation This maxim has wider ambit than just being drunk on alcohol. There could be any type of Intoxication. However, for an act to be...

Literal Meaning Ignorance of law cannot be an excuse. Origin It is quite often said ‘ignorance of law is not an excuse’. As already stated above, it is based on the Latin Maxim “ignorantia legis neminem excusat” or “ignorantia juris, quod quisque, saire tenetur...

Literal Meaning Void/not valid from the beginning Origin Latin Explanation According to the maxim, proposition in law within a court’s jurisdiction, a certain document which purports to affect legal rights is or was null and void from its beginning, because of some...

Literal Meaning The Law must not be violated even by the King. Origin Latin Explanation The maxim lex non a rege est violanda says that every individual should have equal rights and that every presumption on the part of every party should be taken into consideration,...

Literal Meaning Burden of proof Origin Latin Explanation Onus Probandi is a general rule that a party who alleges the affirmative of any proposition shall prove it. The onus probandi lies upon the party who seeks to support his case by a particular fact of which he is...

Literal Meaning To be more fully informed/ to be made certain in regard to. Origin Latin Explanation A writ of Certiorari is a decision of the Supreme Court to call up/ hear an appeal from an inferior court. It is a writ, issued by a higher or appellate court to...

Literal Meaning Through lack of care Origin Latin Explanation Per incuriam is a decision of the court which is mistaken. The one which ignores a contradictory statute or binding authority, and is therefore wrongly decided and of no force. A judgment that is found to...

Literal Meaning No one can derive an advantage from his own wrong. Origin Latin Explanation The above maxim is derived from the general principle of good faith. It means that one party may not avail itself of the fact that the other party has not fulfilled a...

Literal Meaning A matter judged Origin Latin Explanation Section 11 of the Civil Procedure Code defines the doctrine of Res Judicata is the matter which has already been judged. It means that no court will have the power to try any fresh suit or issues which have been...

Literal Meaning Produce the body Origin Latin Explanation The writ of Habeas Corpus is issued by a court or judge directing one (a public official) who holds an imprisoned person in custody, to produce the person before the court for some specified purpose. The...

Literal Meaning A contract without consideration is void. Origin Latin Explanation The general meaning of the above maxim is that no right of action arises from a contract entered into without consideration. It is one of the most essential elements for the formation...

Literal Meaning By what warrant (or authority)? Origin Latin Explanation Quo warranto is a writ or a legal action requiring a person to show by what warrant an office or franchise is held, claimed, or by demanding to know by what authority or right it is doing what it...

Literal Meaning Guilty mind Origin Latin Explanation Every crime involves two parts: The physical act of the crime which is actus reus i.e. a guilty act. The mental intent to do the crime which is mens rea i.e. a guilty mind. Mens Rea refers to criminal intent or a...