MAXIMS

1. Ab Initio – From the beginning.

2. Actionable per se – The very act is punishable, and no proof of damage is required.

3. Actio personalis moritur cum persona – A personal right of action dies with the person. In
another sense, if he dies, the right to sue is gone.

4. Actori incumbit onus probandi – The burden of proof is on the plaintiff.

5. Actus me invito factus non est mens actus – An act done by me against my will is not my act.

6. Actus non facit reum nisi mens sit rea – An act does not make one guilty unless it is accompanied
by a guilty mind.

7. Actus reus – Guilty act.

8. Actus Reus Non Facit Reum Nisi Mens Sit Rea – Conviction of a crime requires proof of a criminal
act and intent. Or an act does not make a defendant guilty without a guilty mind. Or an act does not
constitute guilt unless done with a guilty intention.

9. Ad hoc – For the particular end or case at hand.

10. Alibi – At another place, elsewhere.

11. Amicus Curiae – A friend of court or member of the Bar who is appointed to assist the court.

12. Ante Litem Motam – Before suit brought; before controversy instituted, or spoken before a
lawsuit is brought.

13. Assentio mentium – The meeting of minds, i.e. mutual assents.

14. Audi alteram partem – No man shall be condemned unheard.

15. Bona fide – In good faith.

16. Bona vacantia – Goods without an owner.

17. Boni judicis est ampliare jurisdictionem – It is the part of a good judge to enlarge his jurisdiction,
i.e. remedial authority.

18. 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.

19. Caveat actor – Let the doer beware.

20. Caveat emptor – Let the buyer beware.

21. Caveat venditor -Let the seller beware.

22. Certiorari – A writ by which orders passed by an inferior court is quashed.

23. Communis hostis omnium – They are common enemies of all. The common enemy of everyone.

24. Corpus – Body.

25. Corpus delicti – The facts and circumstances constituting a crime and Concrete evidence of a
crime, such as a corpse (dead body).

Also, it refers to the principle that ‘a crime must be proved to have occurred before a person can be
convicted of committing that crime.’ (This definition is mostly used in Western Law.)

26. Crimen trahit personam – The crime carries the person. In other words, it means wherever a
person goes, and if he commits a crime there, then he will be covered by the provisions of the Indian
Penal Code, that is, Interterritorial Jurisdiction.

27. Damnum sine injuria – Damages without injuries.

28. De facto – In fact.

29. De jure – By law.

30. De minimis – About minimal things.

31. De Minimis Non Curat Lex – The law does not govern trifles (unimportant things). Or law is not
concerned with small or insignificant things/matters. Or A common law principle whereby judges will
not sit in judgment of extremely minor transgressions (offence, wrongdoings) of the law.

32. De novo – To make something anew.

33. Dictum – Statement of law made by the judge in the course of the decision but not necessary to
the decision itself.

34. Doli capax – Capable of forming necessary intent to commit a crime.

35. Doli incapax – Incapable of crime. Or incapable of forming the intent to commit a crime.

36. Detinue – Tort of wrongfully holding goods that belong to someone else.

37. Donatio mortis causa – Gift because of death. Or a future gift given in expectation of the donor’s
imminent death and only delivered upon the donor’s death.

38. Estoppel – Prevented from denying.

39. Ex gratia – As favour.

40. Ex officio – Because of an office held.

41. Ex parte – Proceedings in the absence of the other party.

42. Ex post facto – Out of the aftermath. Or after the fact.

43. Falsus in uno falsus in omnibus – It means false in one thing, false in everything.

44. Fatum – Beyond human foresight.

45. Factum probandum – It means the facts that need to be proved.

46. Factum probans – Relevant fact. In other words, it means a fact or statement of facts offered in
evidence as proof of another fact.

47. Fraus est celare fraudem – It is a fraud to conceal a fraud.

48. Functus officio – No longer having power or jurisdiction.

49. Furiosi nulla voluntas est – Mentally impaired or mentally incapable persons cannot validly sign a
will, contract, or form the frame of mind necessary to commit a crime. Or a person with mental
illness has no free will.

50. Furious absentis loco est – A madman is like one who is absent.

51. Furiosis furore suo puiner -A madman is best punished by his own madness.

52. Furiosis nulla voluntas est – A madman has no will.

53. Habeas corpus – A writ to have the body of a person to be brought in before the judge.

54. Ignorantia facit doth excusat, Ignorance juris non-excusat – Ignorance of fact is an excuse, but
ignorance of the law is no excuse.

55. Ignorantia juris non excusat – Ignorance of law is not an excuse. Or ignorance of the law excuses
no one. In other words, a person who is unaware of a law may not escape liability for violating that
law merely because one was unaware of its content.

56. Injuria sine damnum – Injury without damage.

57. Ipso facto – By the mere fact.

58. In promptu – In readiness.

59. In lieu of – Instead of.

60. In personam – A proceeding in which relief I sought against a specific person.

61. Innuendo – Spoken words that are defamatory because they have a double meaning.

62. In status quo – In the present state.

63. Inter alia – Among other things.

64. Inter vivos – Between living people (especially of a gift as opposed to a legacy).

65. Interest Reipublicae Ut Sit Finis Litium – It means it is in the interest of the state that there
should be an end to litigation.

66. Jus cogens or ius cogens – Compelling law.

67. Jus in personam – Right against a specific person (or party).

68. Jus in rem – Right against the world at large.

69. Jus naturale – Natural law. Or in other words, a system of law based on fundamental ideas of
right and wrong that is natural law.

70. Jus Necessitatis – It means a person’s right to do what is required, for which no threat of legal
punishment is a dissuasion.

Dissuasion means the action or process of trying to persuade someone not to take a particular
course of action.

Question asked by a law student: I have a doubt about the maxim jus necessitatis. Does it come
under section 81 or 87 of IPC?
Answer: This is called the doctrine of necessity. It means a person doing a thing under compulsion of
a situation. It is not considered a wrongful act. It comes under the ambit of section 81 of IPC.

71. Jus non scriptum – Customary law.

72. Jus scriptum – Written law.

73. Jus – Law or right.

74. Justitia nemini neganda est – Justice is to be denied to nobody.

75. Jus soli – Right of soil.

76. Jus sanguins – Right of blood or descent.

77. Lex Fori – The law of the country. The law of evidence is lex fori. It means the law of evidence is
the law of the land where court proceedings are taken.

78. Lex non a rege est violanda – The law must not be violated even by the king.

79. Locus standi – Right of a party to an action to appear and be heard by the court.

80. Mala fide – In bad faith.

81. Malum in se or Mala in se (plural) – Wrong or evil in itself. Or Mala in se is ‘a term that signifies
crime that is considered wrong in and of itself.’ For example, most human beings believe that murder,
rape, and theft are wrong, regardless of whether a law governs such conduct or where the conduct
occurs and is thus recognisably malum in se.

82. Malum prohibitum – In a way, opposite of Malum in se. It means ‘crimes are criminal not
because they are inherently bad, but because the act is prohibited by the law of the state.’ For
example, jurisdiction in India requires drivers to drive on the left side of the road. This is not because
driving on the right side of a road is considered immoral, but because the law says to drive on the left
side and not on the right side.

83. Mandamus – ‘We command’. A writ of command issued by a higher court to government and
public authority to compel the performance of public duty.

84. Mens rea – Guilty mind.

85. Misnomer – A wrong or inaccurate name or term.

86. Modus operandi – Way of working. Or mode of operation.

87. Modus Vivendi – Way of living.

88. Mutatis Mutandis – With the necessary changes having been made. Or with the respective
differences having been considered.

89. Nemo bis punitur pro eodem delicto – Nobody can be twice punished for the same offence.

90. Nemo debet bis vexari pro una et eadem causa – It means no man shall be punished twice for
the same offence.

91. Nemo debet esse judex in propria causa or Nemo judex in causa sua or Nemo judex in sua
causa – Nobody can be the judge in his own case.
92. Nemo moriturus praesumitur mentire – A man will not meet his maker (God) with a lie in his
mouth. Or, in other words, ‘no man at the point of death is presumed to lie.’ This maxim is related
to dying declaration.

93. Nemo Potest esse tenens et dominus – Nobody can be both a landlord and a tenant of the same
property.

94. Nolle prosequi – A formal notice of abandonment by a plaintiff or prosecutor of all or part of a
suit.

95. Novation – Transaction in which a new contract is agreed by all parties to replace an existing
contract.

96. Nullum crimen sine lege, nulla poena sine lege – There must be no crime or punishment except
in accordance with fixed, predetermined law. In other words, there must be no punishment without
law.

97. Nunc pro tunc – Now for then. A ruling nunc pro tunc applies retroactively to correct an earlier
ruling.

98. Non Sequitur – A statement (such as a response) that does not follow logically from or is not
clearly related to anything previously said.

99. Obiter dictum – Things said by the way. It is generally used in law to refer to an opinion or non-
necessary remark made by a judge. It does not act as a precedent. In other words, Obiter dictum
means “that which is said in passing,” an incidental statement. Specifically, in law, it refers to a
passage in a judicial opinion that is not necessary for the decision of the case before the court. Such
statements lack the force of precedent but may nevertheless be significant.

100. Onus probandi – Burden of proof.

101. Pacta Sunt Servanda – Agreements must be kept. Or Agreements are legally binding.

In international agreements it means ‘every treaty in force is binding upon the parties to it and must
be performed by them in good faith.’

102. Pari passu – With an equal step.

103. Particeps criminis – A participator in the actual crime/partner in crime.

104. Per curiam (decision or opinion) – By the court. In other words, the decision is made by the
court (or at least, a majority of the court) acting collectively.

105. Per se – By itself.

106. Persona non grata – A person who is unacceptable or unwelcome.

Opposite of persona non grata is persona grata.

Also, in diplomacy, a persona non grata is a foreign person whose entering or remaining in a
particular country is prohibited by that country’s government.

107. Potior est conditio possidentis – It means in equal fault (better is the condition of the
possessor).

108. Prima facie – At first sight. Or on the face of it.

109. Alimony – A husband’s (or wife’s) provision for a spouse after separation or
divorce; maintenance.

110. Palimony – Money which a man pays to a woman with whom he has been living and from
whom he is separated. Palimony has slightly different meanings in different jurisdictions.

111. Per curiam – By a court.

112. Per incuriam – Because of lack of care.

113. Quantum meruit – What one has earned. Or the amount he deserves.

In other words, A reasonable sum of money to be paid for services rendered or work done when the
amount due is not stipulated (specified, written down) in a legally enforceable contract.

Source: Oxford

114. Qui facit per alium, facit per se – He who acts through another acts himself.

In simple words, It is a fundamental legal maxim of the law of agency. It is a maxim often stated in
discussing the liability of the employer for the act of employee in terms of vicarious (indirect,
secondhand) liability.

115. Qui peccat ebrius luat sobrius – He who does wrong when drunk must be punished when
sober.

116. Quid pro quo – Something for something.

117. Qui sentit commodum, sentire debet et onus – It means he who receives advantage must also
bear the burden.

118. Quo warranto – By what authority. A writ calling upon one to show under what authority he
holds or claims a public office.

119. Quod necessitas non habet legem or Necessitas non habet legem – Necessity knows no law.

120. Ratio decidendi – Principle or reason underlying a court judgement. Or the rule of law on which
a judicial decision is based.

121. Respondeat superior – Let the master answer. For example, there are circumstances when an
employer is liable for acts of employees performed within the course of their employment. This rule
is also called the master-servant rule.

Or let the principal answer. In other words, it means to hold the employer or the principal legally
responsible for the wrongful acts of an employee or agent committed within the scope of the
employment or agency.

122. Res ipsa loquitor – The thing speaks for itself.

123. Res Judicata – A matter already judged. In other words, it means a matter finally decided by a
competent court on the basis of merits.

124. Res Judicata Pro Veritate Accipitur – It means that a judicial decision must be accepted as
correct.

125. Rex non protest peccare – The king can do no wrong.

126. Salus populi est suprema lex or Suprema lex salus populi – The welfare of the people is the
supreme law. In other words, it means public welfare is the highest law.

127. Status quo – State of things as they are now.

128. Sine die – With no day (indefinitely).

129. Sine qua non – “Without which nothing”. An essential condition. A thing that is absolutely
necessary. Basically a component of an argument that, if debunked, causes the entire argument to
crumble.

130. Suo Motu – On its own motion.

131. Uberrima fides (sometimes uberrimae fidei) – Utmost good faith.

132. Ubi jus ibi remedium – Where there is a right, there is a remedy.

133. Veto – Ban or order not to allow something to become law, even if it has been passed by a
parliament.

134. Vice versa – Reverse position.

135. Vis major – Act of God.

136. Volenti non fit injuria – Damage suffered by consent gives no cause of action. Or harm caused
with consent cannot be considered an injury.

In other words, If someone willingly places himself in a position where he knows that harm might
result, then he is not able (allowed) to bring a claim against the other party in tort or delict (a
violation of the law).

137. Vox populi – Voice of the people. Or the opinion of the majority of the people.

138. Waiver – Voluntarily giving up or removing the conditions.