Most important legal maxim for LLB examinations
1. Res judicata (2020)
A matter that has been adjudicated by a competent court and therefore may not be
pursued further by the same parties. Applies to both civil and criminal law.
2. Caveat Emptor (2020)
Means buyer beware. The principle that the buyer alone is responsible for checking the
quality and suitability of goods before a purchase is made.
3. Damnum sine injuria (2020, 2019, 2018, 2017)
Damnum sine injuria means damage without infringement of any legal rights. This maxim is
used and the plaintiff has suffered financial, physical or any other damages but has not
suffered any legal damages. This injuries are not actionable in the court of law.
In the case of Glaucester Grammer School, 1410, a school master setup a school just
opposite of the school and kept a very low fee. As a result the GGS had to reduce their fees
from 40 pence to 12 pence per quarter. The school filed a case against the new school
pleading for the damages. It was held that since no legal rights were infringed, no action lies
against the new school.
4. Injuria sine demno
This maxim means legal injury without any physical or financial damages. As per this if any
legal rights are infringed, the plaintiff can ask for the damages even if there is no loss in
terms of money or health.
For example, if a person is wrongfully detained, he can file for damages even though he
might have not suffered any financial loss for the detention period.
5. Animus domini (2020)
Intention to exercise mastery or ownership.
6. Doli incapax (2020)
Doli incapax means “incapable of doing any harm” in Latin. Section 82 of the Indian Penal
Code (IPC) is premised on this and provides absolute immunity from criminal legal
responsibility to a child below seven years.
7. Ab-initio (2019)
Ab initio is a Latin term which means 'from the beginning'. This term is used to indicate the
existence of certain facts from the beginning of the case.
8. Adjudicate (2019)
To make a ruling or judgement on a case. This is a decision made by the court or any other
judging authority on any case under trial. This is often final but in certain cases may be
temporary also.
9. Alibi (2019)
The fact of having been elsewhere when a crime was committed on a certain place. Alibi,
therefore, is a defense which can be taken by the accused in the criminal proceedings by
taking the plea that when the offense was committed, the accused was not present at that
place.
10. In pari-delicto (2019)
In pari-delicto is a Latin maxim which means "in equal fault". The phrase is used to denote a
situation where parties to a case are equally culpable for the wrong. They shall have no
action against each other and there can not ba any relief for them from the court of law.
11. Nemo dat quod non habet (2019)
Latin maxim meaning “no one gives what they do not have”. Sometimes referred to as the
“nemo dat” rule or principle. It refers to the question whether someone purporting to give
or sell property has legal title or right to do so.
12. Res ipsa loquitur (2017, 2018, 2019)
Res ipsa loquitur, which translates to “the thing speaks for itself,” utilizes circumstantial
evidence to build a case by inference. This means you can prove a fact to be true through
reasonable inference of certain events or happenings relevant to the injury.
13. Volenti non fit injuria (2019)
Latin for "to a willing person, no injury is done." This doctrine holds that a person who
knowingly and willingly puts himself in a dangerous situation cannot sue for any resulting
injuries.
14. Ubi jus ibi remedium (2019)
The well-known Latin maxim Ubi jus, ibi remedium – meaning 'where there is a right, there
is a remedy', postulates that where law has established a right there should be a
corresponding remedy for its breach.
15. Audi alteram partem (2017, 2019)
Audi alteram partem – The maxim is taken from Latin which means: “Listen to the other
side” or “let the other side be heard as well”. It is fundamental legal principle in which each
party is entitled to a fair hearing and given the opportunity to respond to evidence against
them.
16. Ignorantia facti excusat (2019)
Ignorantia Facti Excusat is a Latin legal maxim that means ignorance of a fact is an excuse.
Any act done under a mistaken impression of a material fact is excused. However
ignorance of law is not an excuse.
17. Ignorantia legis neminem excusat (2018)
The legal principle of ignorantia legis neminem excusat means ignorance of the law excuses
no one. It is derived from Roman law. Essentially, it means that if someone breaks the law,
he or she is still liable even if they had no knowledge of the law being broken.
18. Actus Non Facit Reum Nisi Mens Sit Rea
The standard common law test of criminal liability is expressed in the Latin phrase actus
reus non facit reum nisi mens sit rea, i.e. "the act is not culpable unless the mind is guilty".
As a general rule, someone who acted without mental fault is not liable in criminal law.
Actus Non Facit Reum Nisi Mens Sit Rea explains that for any act to be illegal in nature it
must be done with a guilty mind. Thus to convict the defendant, it must be proved that the
criminal act was carried out with a criminal intend.
19. Respondeat superior (2017)
Respondeat superior in Latin means "let the master answer". This is a doctrine in tort law
that makes a master liable for the wrong of a servant or agent.
20. In pari-delicto
In pari-delicto is a Latin maxim which means "in equal fault". The phrase is used to denote a
situation where parties to a case are equally culpable for the wrong. They shall have no
action against each other and there can not ba any relief for them from the court of law.
21. De facto
De facto describes practices that exist in reality, even though they are not officially
recognized by laws.
22. De Jure
De Jure means 'by law' which refers to the things that happens according to law
23. Ex post facto
Ex post facto is used to refer to a statute that provides for retrospective actions, thereby
making a conduct illegal that was legal when originally performed.
24. Prima facie
Prima facie, in Latin, means "at first sight". Prima facie is a legal claim having enough
evidence to proceed to trial or judgment.
25. Sine die
Sine die is Latin and is defined as indefinitely, or without a future date set.
26. Ratio Decidendi
It is a Latin term which literally means "Rational for the decision". It is a legal phrase which
refers to the legal, moral, political and social reasons used court to frame the judgement.
Unlike obiter dicta, ratio decidendi is, as a general rule, binding on the lower and later
jurisdictions.
27. Obiter Dicta
It is a Latin phrase which means “that which is said in passing,”. It is an incidental statement
and refers to a passage in a judicial opinion which is not necessary for the decision of the
case before the court. Such statements are not binding on the lower and later judgements.
28. Nemo judex in causa sua (or nemo judex in sua causa)
The phrase is taken from Latin which means "no-one is judge in his own cause".
It is a principle of natural justice that no person can judge a case in which they have an
interest.
29. Obiter Dictum
Obiter dictum is a Latin phrase which mean “that which is said in passing,” an incidental
statement. Specifically, in law, it refers to a passage in a judicial opinion which is not
necessary for the decision of the case before the court. Such statements lack the force of
precedent but may nevertheless be significant.
30. Res nullius
The expression "res nullius" is a Latin term which literally mean "Nobody's thing". The
property which belongs to no one i.e. res nullius, belongs to the first possessor of it and he
acquires a valid title to it as against the world. Thus the fish of the sea and the bird flying in
open sky belong to one who first succeeds in obtaining possession of them and acquire an
absolute title over them. This mode of acquisition has been called as occupation in Roman
law.
31. Locus Standi
Locus Standi is a Latin phrase which means “the proper place to stand.” It's a legal concept
that refers to the right of an individual or group to bring a lawsuit in court. In other words,
locus standi refers to who has the right or ability (locus) to bring an issue before the court
for resolution.
The doctrine of locus standi is an old doctrine. The doctrine signifies appearance before the
court or before anybody on a given question. According to the doctrine of locus standi, a
person who is stranger to a disputed matter cannot be allowed to interfere in the judicial
proceedings.
32. Ultra-vires
Ultra vires translates to ‘beyond the powers’. It is used to describe an act which requires
legal authority or power but is then completed outside of or without the requisite
authority. For example, someone decides to fire a co-worker, despite not being his
supervisor.
Actionable per se – The very act is punishable and no proof of damage is required.
Ad hoc – For the particular end or case at hand.
Alibi – At another place, elsewhere.
Audi alteram partem – No man shall be condemned unheard.
Amicus Curiae – A friend of court or member of the Bar who is appointed to assist the
Court.
Assentio mentium – The meeting of minds, i.e mutual assents.
Bona fide – In good faith.
Caveat – A caution registered with the public court to indicate to the officials that they are
not to act in the matter mentioned in the caveat without first giving notice to the caveator.
Caveat actor – Let the doer beware.
Caveat emptor – Let the buyer beware.
Caveat venditor -Let the seller beware.
Certiorari – A writ by which orders passed by an inferior court is quashed.
Corpus – Body
Damnum sine injuria – Damage without injury.
De facto – In fact.
De jure – By law.
De novo – To make something anew.
Dictum – Statement of law made by judge in the course of the decision but not necessary to
the decision itself.
Doli incapax – Incapable of crime
Detinue – Tort of wrongfully holding goods which belong to someone else.
Denatio mortis causa – Gift because of death.
Estoppel – Prevented from denying.
Ex parte – Proceedings in the absence of the other party.
Ex gratia – As a favour.
Ex officio – Because of an office held.
Fatum – Beyond human foresight.
Factum probans – Relevant fact.
Fraus est celare fraudem – It is a fraud to conceal a fraud
Functus officio – No longer having power or jurisdiction.
Habeas corpus – A writ to have the body of a person to be brought in before the judge.
Injuria sine damno – Injury without damage.
Ipso facto – By the mere fact.
In promptu – In readiness.
In lieu of – Instead of.
In personam – A proceeding in which relief I sought against a specific person.
Innuendo – Spoken words which are defamatory because they have a double meaning.
In status quo – In the present state.
Jus in personam – Right against a specific person.
Jus in rem – Right against the world at large.
Jus non scriptum – Customary law.
Jus scriptum – Written law.
Jus – Law or right.
Justitia nemini neganda est – Justice is to be denied to nobody
Lex non a rege est violanda – The law must not be violated even by the king
Locus standi – Right of a party to an action to appear and be heard by the court.
Mala fide – In bad faith.
Mandamus – We command. A writ of command issued by a Higher Court to
Government/Public Authority, to compel the performance of a public duty.
Mens rea – Guilty mind.
Misnomer – A wrong or inaccurate name or term.
Modus operandi – Way of working.
Modus Vivendi – Way of living.
Nemo bis punitur pro eodem delicto – Nobody can be twice punished for the same offence
Nemo debet esse judex in propria causa – Nobody can be judge in his own case
Novation – Transaction in which a new contact is agreed by all parties to replace an existing
contract.
Onus probandi – Burden of proof.
Per se – By itself
Prima facie – At first sight.
Palimony – Money which the court orders a man to pay regularly to a woman with whom
he has been living and from whom he is separated.
Per curiam – By a court.
Per incuriam – Because of lack of care.
Prima facie – On the face of it
Qui facit per alium, facit per se – He who acts through another acts himself
Quid pro quo – Something for something
Quo warranto – By what authority. A writ calling upon one to show under what authority
he holds or claims a public office.
Ratio decidendi – Principle or reason underlying a court judgement.
Res ipsa loquitor – The thing speaks for itself.
Rex non protest peccare – The king can do no wrong
Salus populi est suprema lex – The welfare of the is the supreme law
Status quo – State of things as they are now.
Sine die – “with no day”(indefinitely)
Ubi jus ibi remedium – Where there is a right, there is a remedy
Vis major – Act of God.
Volenti non fit injuria – Damage suffered by consent gives no cause of action.
Veto – Ban or order not to allow something to become law,even if it has been passed by a
parliament.
Vice versa – Reverse position.
Waiver – Voluntarily giving up or removing the conditions.
