Legal Maxims and Statute Interpretation Pdf
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Top 100 Legal Maxims & Their Meanings
Concise Latin maxims — click Print to save as PDF.
1. Actus reus non facit reum nisi mens sit rea
An act does not make a person guilty unless the mind is also guilty. In criminal law this distinguishes mere conduct from criminal liability — the accused must have a guilty mind (intent or recklessness) accompanying the wrongful act.
2. Audi alteram partem
Hear the other side. A fundamental rule of natural justice: parties affected by a decision must be given a fair opportunity to present their case before an impartial tribunal.
3. Nemo judex in causa sua
No one should be a judge in his own cause. This protects impartiality — decision-makers must avoid conflicts of interest and recuse themselves where bias could be perceived.
4. Ignorantia juris non excusat
Ignorance of the law excuses not. Individuals are generally expected to know the law; lack of knowledge rarely excuses unlawful conduct, though some exceptions exist for complex regulatory matters.
5. Ubi jus ibi remedium
Where there is a right, there is a remedy. Courts provide appropriate remedies (damages, injunctions) when a legal right is violated — the maxim supports enforceability of legal rights.
6. Res ipsa loquitur
The thing speaks for itself. Used in negligence cases where the circumstances strongly imply negligence (e.g., instruments left in a patient), shifting the burden to the defendant to explain.
7. Volenti non fit injuria
To one who is willing, no harm is done. A person who consents to a risk cannot later claim damages for harm resulting from that risk, provided consent was informed and voluntary.
8. Caveat emptor
Let the buyer beware. Historically placed responsibility on purchasers to examine goods; modern consumer-protection laws have softened this but it still applies in some transactions.
9. Actio personalis moritur cum persona
A personal right of action dies with the person. Some personal claims (e.g., defamation) may not survive a plaintiff’s death; many jurisdictions now allow estates to continue certain claims.
10. De minimis non curat lex
The law does not concern itself with trifles. Courts will dismiss trivial claims that do not merit legal remedy to conserve judicial resources and prevent harassment.
11. In pari delicto potior est conditio defendentis
In equal fault, the position of the defendant is the stronger. When both parties are equally at fault in an illegal transaction, courts may refuse relief to the plaintiff and leave parties as they stand.
12. Qui facit per alium facit per se
He who acts through another does the act himself. Principals are generally responsible for acts done by their agents within the scope of the agency (vicarious liability).
13. Lex non cogit ad impossibilia
The law does not compel the impossible. Courts will not enforce obligations that are objectively impossible to perform; impossibility can be a defence to breach under certain conditions.
14. Actori incumbit onus probandi
The burden of proof lies upon the plaintiff. The party asserting a fact must prove it; burden can shift in particular situations, but this is the usual starting point in civil cases.
15. Lex posterior derogat priori
A later law repeals an earlier one. When two statutes conflict, the more recent one generally prevails unless the earlier is expressly preserved or the later is clearly intended to be supplemental.
16. Salus populi suprema lex
The welfare of the people is the supreme law. Public interest can justify measures that limit individual rights when necessary for the common good, subject to legal limits and proportionality.
17. Lex loci
The law of the place. In private international law, the law applicable to a matter is often the law of the place where a contract was made, a tort occurred, or property is situated.
18. Pacta sunt servanda
Agreements must be kept. A cornerstone of contract law: parties are bound by valid agreements and should perform contractual obligations unless legally excused.
19. Ex turpi causa non oritur actio
No action arises from an immoral cause. Courts will not assist a claimant whose cause of action is founded on illegal or immoral conduct.
20. Lex specialis derogat legi generali
Special law overrides general law. When a specific statute addresses a subject, it takes precedence over a general statute covering the same area.
21. Ex nihilo nihil fit
Nothing comes from nothing. Used to express that claims require some factual foundation; in law it implies that rights and obligations arise from identifiable sources.
22. Fiat justitia ruat caelum
Let justice be done though the heavens fall. Judges should apply the law impartially even if the consequences are severe; reflects principle of rule-based adjudication.
23. Habeas corpus
You should have the body. Fundamental writ protecting personal liberty — courts may demand that a detained person be brought before the court to examine lawfulness of detention.
24. In flagrante delicto
In the very act of committing a crime. Evidence of wrongdoing caught at the moment is usually very strong and can justify immediate arrest or court action.
25. Mens rea
Guilty mind. Criminal liability often requires both wrongful act and a culpable mental state (intent, knowledge, recklessness or negligence) depending on the offence.
26. Obiter dictum
A remark in passing. Statements in judgments not essential to the decision are persuasive but not binding precedent; they can influence future cases but lack stare decisis force.
27. Prima facie
At first sight. A prima facie case shows enough evidence to support a claim unless contradicted; it allows a matter to proceed unless the other side rebuts it.
28. Ratio decidendi
The reason for deciding. The legal principle forming the binding part of a judicial decision — precedential and must be followed by lower courts.
29. Stare decisis
To stand by things decided. Courts follow precedents to ensure legal certainty; higher court decisions bind lower courts under this doctrine.
30. Ultra vires
Beyond powers. Acts or decisions taken beyond statutory or constitutional authority are invalid and can be quashed by the courts.
31. Bona fide
In good faith. Actions taken honestly and without intent to defraud; many legal protections apply to bona fide purchasers or parties acting in good faith.
32. Corpus delicti
The body of the crime. The essential elements proving a crime occurred (e.g., loss plus cause); prosecutors must establish these elements to convict.
33. De facto
In fact. Refers to situations that exist in reality (practical control or recognition), even if not legally sanctioned or formally recognized.
34. De jure
By law. Refers to legal entitlement or status as recognized by law, in contrast to de facto situations which are factual.
35. Ex parte
From one side only. Proceedings or applications made by one party without the other present — permitted in urgent situations but often subject to later review.
36. In camera
In private. Hearings held out of public sight to protect privacy, national security, or sensitive evidence; transcript may be sealed.
37. In situ
In its original place. Often used in property, archaeology or evidence contexts to indicate something remains where it was originally found.
38. Inter alia
Among other things. Used in legal drafting and judgments to indicate a non-exhaustive list of items or causes.
39. Ipso facto
By the fact itself. Something that is true by its very nature without further proof or action (e.g., a status change following an event).
40. Modus operandi
Method of operating. Used in criminal law to describe a characteristic pattern of behavior that can link offences to the same perpetrator.
41. Per se
By itself. Describes something inherently or automatically prohibited or sufficient (e.g., per se torts or per se illegal restraints in competition law).
42. Pro bono
For the public good. Legal work provided free of charge for clients who cannot afford representation, often by lawyers or firms as public service.
43. Pro rata
In proportion. Allocation or distribution according to a proportionate share (used often in contracts, insurance, and dividends).
44. Quid pro quo
Something for something. Mutual exchange; in law it can be legitimate (contract consideration) or problematic (bribery or unlawful inducement).
45. Sui generis
Of its own kind. Describes a unique category that does not fit into normal classifications (used in intellectual property and statutory interpretation).
46. Vice versa
The other way around. A simple phrase indicating that the reverse statement is also true; used in drafting for clarity.
47. Ad hoc
For this purpose. Something created for a specific, often temporary, purpose (e.g., an ad hoc committee or tribunal).
48. Ad infinitum
To infinity. Describes repetitive or endless actions; in law sometimes used rhetorically to indicate unending obligations unless limited.
49. Ad nauseam
To a sickening degree. Repetition to the point of annoyance — used in argument critique to note excessive repetition that adds no value.
50. Alibi
Elsewhere. A defence that the accused was at another place when the offence occurred and therefore could not have committed it.
51. Ante
Before. Used in legal chronology (ante-dated events or documents) to indicate something occurred earlier in time.
52. Bona vacantia
Ownerless goods. Property without an owner that may pass to the Crown or state under statutory rules.
53. Caveat
Let him beware. A warning or condition in agreements indicating that one party assumes the risk unless specified protections exist.
54. Certiorari
To be more fully informed. A supervisory writ by which a higher court calls up records for review, often to check jurisdictional errors or excesses.
55. Consensus ad idem
Meeting of minds. A necessary element for valid contracts — both parties must agree on the same thing in the same sense.
56. Contra
Against. A prefix used in legal writing to indicate opposition or contrast (e.g., contra proferentem in contract interpretation).
57. Coram
In the presence of. Used to indicate presence before a particular judge, court or official, often in formal records (e.g., “coram the court”).
58. Curia advisari vult
The court wishes to be advised. A phrase indicating the court will take time to consider the matter before giving judgment.
59. Damnum sine injuria
Damage without legal injury. Harm that does not give rise to a legal remedy because no legal right was violated (e.g., pure economic loss without duty).
60. De die in diem
From day to day. Often used in procedural contexts or to describe ongoing, daily obligations or extensions.
61. De novo
Anew. An appeal or hearing de novo is a fresh hearing where the matter is reconsidered as if for the first time.
62. Duces tecum
Bring with you. A subpoena duces tecum requires a witness to bring documents or evidence to court.
63. Ejusdem generis
Of the same kind. A rule of statutory construction: where general words follow specific words, interpret the general words in light of the specific ones.
64. Et al
And others. Used in citations and lists to indicate additional parties or authors without naming all.
65. Et seq
And the following. Indicates that the cited section and the sections that follow are relevant.
66. Ex post facto
After the fact. Laws that retroactively change legal consequences are generally disfavored and often prohibited in criminal contexts.
67. Ex gratia
As a favor. Payments or actions made voluntarily without admission of liability (common in settlements or discretionary relief).
68. Ex officio
By virtue of office. Authority or duties that arise automatically from holding a particular office.
69. Forum non conveniens
Inconvenient forum. A doctrine allowing courts to decline jurisdiction if another forum is better suited for hearing the case.
70. Functus officio
Having performed his office. Describes an official or tribunal whose mandate is exhausted and who has no further power over the matter.
71. Gravamen
The substance of a complaint. The core grievance or essential element giving rise to a cause of action.
72. In absentia
In absence. Trials or proceedings held without a party present — permitted in some jurisdictions under strict safeguards.
73. In esse
In existence. Refers to rights, interests or things that presently exist as opposed to contingent or future interests.
74. In extenso
At full length. To set out something in full detail (e.g., a judgment or transcript written out completely).
75. In limine
On the threshold. A preliminary objection or ruling decided at the beginning of a trial before substantive evidence is heard.
76. In loco parentis
In the place of a parent. Legal doctrine where an institution or person temporarily assumes parental responsibilities (e.g., schools).
77. In personam
Against the person. Jurisdiction or orders directed at a particular individual rather than at property (in rem).
78. In re
In the matter of. Used in case captions for proceedings concerning a subject rather than opposing parties (e.g., “In re Estate of…”).
79. In rem
Against the thing. Jurisdiction or proceedings directed at property which affects all persons’ rights in that property.
80. In toto
In full. Means entire or wholly, for instance transferring an estate in toto means the whole estate.
81. Inferior courts
Lower courts. Courts of limited jurisdiction whose decisions may be reviewed by higher appellate courts.
82. Inter vivos
Between the living. Transactions or gifts made during the donor’s lifetime (as opposed to testamentary dispositions).
83. Intra vires
Within the powers. Acts that fall within an authority’s legal powers are valid; ultra vires acts can be declared void.
84. Jus
Law or legal right. A root word used in many legal terms (jus sanguinis, jus soli) referring to rights or law.
85. Lis pendens
Pending suit. Notice that litigation concerning a property is pending; protects parties and buyers by making potential claims public.
86. Locus standi
Right to appear in court. A party must have sufficient interest to bring a case; locus standi limits who may sue.
87. Mandamus
We command. A writ ordering a public authority to perform a statutory duty it has failed to perform.
88. Mala fide
In bad faith. Conduct done with dishonest intent; bad faith can negate contractual defenses and attract sanctions.
89. Mala in se
Wrongs in themselves. Acts that are inherently immoral or evil (e.g., murder), as opposed to mala prohibita which are wrong because prohibited.
90. Mala prohibita
Prohibited wrongs. Acts that are offences because they are prohibited by statute, not inherently immoral (e.g., regulatory offences).
91. Mutatis mutandis
With necessary changes. Used when applying a rule or principle to a new situation with appropriate adjustments.
92. Nisi prius
Unless before. Historically referred to trial at the first instance; today used in procedural contexts referencing original trial courts.
93. Non compos mentis
Not of sound mind. A status relevant to capacity — affects validity of contracts, wills, and criminal responsibility.
94. Non sequitur
It does not follow. An illogical inference; used to point out arguments or conclusions that lack proper reasoning.
95. Pari passu
With equal step. Means equal treatment or ranking (e.g., creditors sharing assets pari passu receive proportionate shares).
96. Per curiam
By the court. A brief, unsigned opinion issued collectively by the court rather than a single judge.
97. Per stirpes
By roots or stocks. An inheritance rule distributing an estate by representation to descendants of deceased beneficiaries.
98. Post
After. Used to describe events occurring subsequent to a reference point (post-dated, post hoc).
99. Pro forma
As a matter of form. Done to satisfy formalities or preserve rights without substantive effect (e.g., pro forma hearing).
100. Sub judice
Before a judge. Matters under adjudication — public commentary may be restricted to avoid prejudicing ongoing proceedings.