Legal Maxims

Literal Meaning Guilty act 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. To establish actus reus, a lawyer must prove...

Literal Meaning No one gives what he doesn't have. Origin Latin Explanation The maxim is a legal rule and a ground principle regarding the transfer of title. It refers to the question of whether someone purporting to give or sell a property has legal title or right to...

Literal Meaning Wrong or evil in itself Origin Latin Explanation The term Mala In Se refers to criminal acts that are wrong because they violate the moral, public, or natural principles of a society. These are the actions that are considered to be wrong because of...

Literal Meaning Something for something Origin Latin Explanation In general sense, the meaning of Quid Pro Quo is a consideration, i.e. something in return for something or something in exchange for something. Such consideration makes both the parties to the...

Literal Meaning Body of the crime Origin Latin Explanation The maxim corpus delicti refers that a person cannot be put on trial for a crime, unless it has been proven that the crime happened. In simple terms, the prosecution has to demonstrate that something bad...

Literal Meaning Friend of the Court Origin Latin Explanation Amicus Curiae is a friend of the court which involves either a person or an organization who/which is not a party to the proceedings, but is permitted by the court to set out legal arguments or to furnish...

Literal Meaning Ownerless assets Origin Latin Explanation It is a situation in which property is left without any owner. In most cases, such property is held by the government and may be recovered by rightful owners or heirs. Bona vacantia property, which remains...

Literal Meaning The burden of proof is on the plaintiff. Origin Latin Explanation As per this maxim, a plaintiff to a legal action must prove his or her case to win the lawsuit against the defendant. The plaintiff is obliged to submit to the court all the proofs and...

Literal Meaning Injury without damage or infringement of an absolute private right without any actual loss or damage. Origin Latin Explanation According to this maxim, whenever there is an invasion of a legal right, the person in whom the right is vested is entitled...

Literal Meaning As much as is deserved. Origin Latin Explanation The maxim implicates to the doctrine that permits recovery by a party for services provided, despite the absence of an express contract but were accepted and used by the defendant under circumstances,...

Literal Meaning Utmost good faith Origin Latin Explanation The maxim refers to a contract of legal agreement, requiring the highest standard of good faith during disclosure of all material facts that could influence the decision of the other party. A failure to adhere...

Literal Meaning The very action is punishable, no proof of damage is required. Origin Australian Law Explanation Actions that do not require the allegations or proof of additional facts to constitute a cause of action. Such a tort is actionable simply because it...

Literal Meaning The exception proves the rule. Origin Latin Explanation The maxim, Exceptio Probat Regulam is often used to justify something that seems to contradict a rule. It means that if there is an exception that can be applied to a specific case, it proves that...

Literal Meaning A personal right of action dies with the person. Origin Latin Explanation According to the maxim, actions of tort or contract are destroyed by the death of either the injured or the injuring party. Some legal causes of action can no longer be brought...

Literal Meaning Use your own property in such a manner as not to injure that of another. Origin Latin Explanation The maxim ‘sic utere tuo ut alienum non laedas’ means that one must use his property so as not to injure the lawful rights of another. It is a...

Literal Meaning The execution of the law does no injury. Origin Latin Explanation The meaning of the maxim ‘executio juris non habet injuriam’ is that the execution of the law causes no injury. It means, if an action is brought in a court which has jurisdiction on...

Literal Meaning The place governs the act. Origin Latin Explanation It is considered to be a maxim for resolving the conflicts of law. The meaning of the maxim is that the place where a contract is entered into governs the manner in which it shall be formally...

Literal Meaning False in one thing, false in everything. Origin Latin Explanation It is a general presumption of common law, that if certain facts out of a narrative are false, then the entire narrative is also false. However, the Supreme Court bench comprising of...

Literal Meaning One to whom a power is delegated, cannot himself further delegate that power. Origin Latin Explanation The maxim is a principle in the constitutional and administrative law which means that a person to whom an authority or decision-making power has...

Literal Meaning From the words of the law, there must be no departure. Origin Latin Explanation The object of the maxim depends on the interpretation of statutes which is determine the intention of the legislature conveyed expressly or impliedly in the language used....

Literal Meaning Every man’s house is his refuge. Origin Latin Explanation According to this maxim, everyone’s house is to him/her a castle and fortress as well as a defense against injury and violence, as for his repose. In simple terms, the law recognizes the...

Literal Meaning What I cannot do through myself, I cannot do through another. Origin Latin Explanation According to this maxim, one cannot ask anyone else to do something for which he himself does not possess the right to do that thing. If an impermissible act is...

Literal Meaning You shall bring with you. Origin Latin Explanation It is a writ commanding a person to produce in court certain designated documents or evidence. It is generally called a subpoena duces tecum, which the court commands a person to whom it is directed to...

Literal Meaning The rationale for the decision / the reason. Origin Latin Explanation The maxim refers to the principle of law on which the court decides the matter. In general, ratio decidendi is the statement of law applied to the material facts. It is that point in...