LEGAL MAXIMS
A
A coelo usque ad centrum – From the heavens to centre of earth.
A communi observantia noon est recedendum – There should be no departure from common observance or usage.
A fortiori – with strong reason.
Ab inito - from the very beginning.
Abduction – Whoever by force compels or by any deceitful means includes any person to go from any place, is said to abduct that person. This is an offence committed against a person of any age.
Abettor – One who encourages or aids the offender or commission of an offence.
Abjure – to pronounce solemnly or on oath or to repudiate.
Abrogate – To repeal, cancel or annual an agreement.
A Jure sue cadunt – They loose their right.
A verbis legis non est recedenduam – From the words of the law there is to be no departure.
Ab abusu ad usum non valent consequential – A conclusion about the use of a thing from its abuse is invalid.
Absoluta sententia expositore non indiget – A simple proposition needs no expositor.
Abundans cautela non nocet- Abundant cauton does no harm.
Abandonment – Voluntary relinquishment of an interest or claim , the act of abandoning.
Accessorium principle sequitur - An accessory does not lead, but follows, its principal.
Accomplice – A person who is associated with another person in the commission of an offence.
Acta exteriora indicant interiora secreta – Acts indicate the intention.
Act of God – An event which occurs beyond the human action, which no human foresight can anticipate. It is a complete defence in the law of torts.
Actionable claim – Giving cause for legal action or for demand as one's due or property.
Actionable wrong – A wrong in respect of which an action lies in a court of law, for example, defaming another is an actionable wrong.
Actio non datur no damnificato – An action is not given to one who is not injured.
Actio personalis moritur cum persona – A pursuer follows the forum or Court of the defender.
Actori incumbit probation- Proof of his case is will prejudice no one.
Actus curiae neminem gravabit – Law holds no man responsible for the Act of God.
Actus legis nemini facit injuriam – Law wrongs no man.
Actus me invito factus, non estmeus actus- An act done against my will is not my act.
Actus non reum facit reum nisi mens sit rea – To constitute a crime, it is not enough that the act is criminal, it must also be accompanied by a blameworthy mind.
Actus rea – physical involvement in crime.
Ad ea quae frequentius accidunt jura adaptantur – the laws are adapted to those cases which more frequently occur.
Ad hoc – for a particular purpose.
Ad idem – of the same mind; agrees.
Ad interim – in the meantime.
Ad rem – to the point.
Ad valorem – according to value. For example, stamp fee for sale on land is charged according to the value of the land, or value added price or tax included in price.
Addenda – list of additions.
Adultery – Voluntary sexual intercourse between a married person and a person other than the offender's spouse.
Advocate diabolin – the devil's advocate, an officer of the sacred congregation of rites of rome, whose duty is to prepare all possible argument against the admission of any one to the posthumous honoure of beatification and canonization.
Aedificatum solo, solo Cedit – That which built upon the ground accrues to the ground.
Aequitas agit in personam - Equity acts upon the person.
Aequitas ignorantiae opitulatur, oscitantiae non-item – Equity assists ignorance but not complacency.
Affray – Unlawful fighting or use of force to intimidate others.
Affirmanti, non neganti, incumbit probation – The proof is incumbent upon the one who affirms, not one the one who denies.
Affirmantis est probare – The person who affirms must prove.
Affidavit – a written statement under an oath, which is sworn to and signed by person making it, as true.
Affidavit – A written statement under an oath, which is sworn to and signed by person making it, as true.
Alienatio rei praefertur juri accrescendi- Alience is favoured by the law itself.
Aliud est celare, aliud tacere – It is one thing to conceal, another thing to be silent.
Aliud est possidere, aliud esse in possessione – it is one thing to posses, another to be in possession
Alibi – a plea taken by the accused to prove that the he was else where when the crime had been committed.
Alientio Rei Preferature Juri Accrecendi – alience is favoured by the law itself.
Alimony – a maintenance given by a husband to his divorced wife.
Alien – A person who resides within the borders of a country but is not a citizen or subject of that country.
Allegans contraria non est audiendus – The law will no hear one who alleges contrary facts.
Allegans suam turpitudinem non est audiendus – One is not to heard who alleges things disgraceful or discreditable or discreditable to himself.
Allegans contraria non est audiendus – a person alleging contradictory facts should not be heard.
Ambigua responsio conta proferentem est accipienda – An ambiguous answer it to be interpreted against the person making it.
Ambiguum placitum contra proferentem interpretare debet – An ambiguous agreement ought to be interpreted against the person pleading upon it.
Amicus cuiae – literally 'friend of Court'. The name is given to a lawyer appointed by a Court to help it in any judicial proceeding.
Amnesty – a general pardon for political offences.
Antenuptial – before marriage.
Annulment – Judicial act or nullifying or making void.
Apriori – from the cause to the effect.
Arbitration – setting disputes by referring tem to independent third party, as an alternative to the court proceedings.
Arbitrium est judicium – An award is a judgment
Argumentum ab inconvenienti plurimum valet in lege – An argument drawn inconvenience is forcible in law.
Arma in armatos sumere jura sinunt – The law permits arms to be used aginst the armed or to resist violence by violence.
Arson – Crime or unlawfully damaging or destroying property by fire.
Assault – Striking or attempting to strike another person.
Assignatus utitur jure auctoris – An assignee is clothed with the rights of his principle.
Auctore praetore – With the sanction of the Judge.
Auctoritate judicis – By Judicial Authority.
Audi alteram partem – hear the other side. Both sides should be heard before a decision is arrived at.
Auture fois – nobody cannot be tried twice for the same offence.
Autre fois acquit – formerly acquitted.
Autre fois convict – formerly convicted.
Avulsio – Violent separation of property.
B
Baratrium committ it qui proptor pecuniam justitiam buractal – He commits barratry who perverts justice.
Bail – release of arrested person on furnishing surety bonds.
Bailiff – a subordinate officer of the court who executes writ and other court orders, such as serving summons.
Bailable – Eligible for bail.
Bailment – When goods are left by one person with another to hold in accordance with instructions. For example, leaving luggage at railway luggage office.'
Bailout – A rescue of an entity from financial trouble.
Ballot – a system of secret voting.
Barrister- In England, a lawyer who is admitted to plead at the Bar and who may argue case in superior courts.
Bello parta cedunt reipublicae – Things acquired in war go to the State.
Bellum inter duos – A hostile meeting between two persons.
Bench – Another name for judge(s) sitting in the court or the court considered in its official capacity, Judges collectively. The India bench consist of 2/3 or large benches of 5 or more.
Bankruptcy – A person who is unable to pay his debts can be declared bankrupt by the court. All his assets and liabilities are taken over by the court for proper distribution to his creditors.
Benedicta est exposition quando res redimitur a destructione – That interpretation is to be commended by which the matter is rescued from destruction.
Benignior sentential, in verbis generalibus seu dublis, est proeferenda – Of general or doubtful words, the more liberal interpretation is preferred.
Benignius leges interpretandae sunt quo voluntas earum conservatur – Laws are to be more liberally interpreted, in order that their intent may be preserved.
Bicameral – Having two legislative houses.
Bigmamy – Marriage wit one person while still legally married to another. In other words entering into second marriage in the life time of opposite spouse. It is an offence punishable for seven years in prison.
Blasphemy – It consists arising by descent from a common ancestor.
Bona fide possessor facit fructus consumptos suos – A possessor in good faith is entitled to the fruits that he consumes.
Bona fides non patitr ut bis idem exigatur – Good faith does not allow the same thing to be excated twice.
Bona fide- in good faith, honesty, without fraud, collusion or participation in wrong doing.
Boni indicis est ampliare jurisdictionem – It is the part of a good judge to enlarge his jurisdiction.
Boni judicis est causes litium dirimere – It is the duty of a good judge to remove the causes of litigation.
Boni judicis est judicium sine dilatione mandare execution – It is the duty of a good judge to cause judgment to be executed without delay.
Bootlegging – Illegal manufacture or sale of liquor, records, an the like to evade licensing, copyright laws etc.
Breve judiciale non cadit pro defectu formae – A judicial writ does not fail for a defect of form.
Breach – breaking of law, contract.
Burglary – Crime of entering a building without permission of the owner, with the intention of stealing.
Bye-laws – regulation made by the local authority or corporation or company or society for its members for their day- to day operation. They are provided in their principal acts.
Byrlaw – A law made by the members of local community.
C
Cadit quasestio – The dispute falls to ground, the question is at an end.
Caeteris paribus- Other things being equal.
Capital punishment – death sentence.
Caveat – A warning or proviso.
Carte blanche – full discretionary power.
Carcer non supplicii causa sed custodiae constitutus – A prison is established not for the sake of punishment\, but for detainin under guard.
Causa causae est causa causati – The cause of a cause is the cause of the effect.
Causa proxima et non remota spectatur – The immediate and not the remote cause is to be considered.
Causa sine qua non – Factor essential to the occurring of event.
Causa vagu et incerta non est causa rationabilis – A vague and uncertain cause is not a reasonable cause.
Causa sine qua non – factor essential to the occurring of event.
Caveat – an order which says "let him beware" Warning [lat. Let him take heed].
Caveat emptor – let the buyer beware.
Caveat venditor – let the seller beware.
Certum est quod certum redid potest – That is certain which can be rendered certain.
Censure – An official reprimand or condemnation, harsh criticism.
Certiorari – a writ of a superior court calling forth the records and entire proceeding of an inferior court or a write by which causes removed from an inferior court into a superior court.
Cessante ratione legis cessat et ipsa lex – Reason is the soul of la and when the reason of any particular law ceases, so does the law itself.
Chattel - movable property.
Cheating – Fraudulent obtaining of another's property by means of a false symbol or token, or by other illegal practices.
Citation – The quotation of decided cases in legal argument as authorities. To refer to previously decided cases in the trial in court to support an argument.
Civil – Relating to private law (example a dispute between two individuals), as opposed to public law.
Cognizance – Judicial knowledge. Thus to take cognizance of an offence is to bring to the knowledge of law enforcers or to proceed.
Conspiracy – An agreement by two or more persons to commit an unlawful act.
Clausula generalis non refertur ad exressa – A general clause does not refer to things expressly mentioned.
Clausulae inconsuetae semper inducunt suspicionem – Unusual clauses always excite suspicion.
Cogitationis poenam nemo patitur – No one deserves punishment for his thoughts.
Commodum ex injuria sua nemo habere debet – No one should take advantage of his own wrongful act.
Cognate – blood relation other than agnate and includes a female relation.
Congnizance – judicial knowledge. Thus to take cognization of an offence is to bring to the knowledge of law enforcers.
Contempt of Court – Wilful disregard, disobedience or disrespect to a court of law
Coup d'etat – violent or illegal change.
Culpa – wrongful default.
Culpable homicide – An act when committed though no sufficient in ordinary course of nature of cause death, is likely to cause death and if death is actually caused intentionally and with the knowledge that act is likely to cause death.
Curia Regis – the King's Court.
Compromissarii sunt judices – Arbitrators are judges.
Conditio illicita habetur pro non adjecta – An illegal condition is held as not added.
Confessio facta in judicio Omni probatione major est – Judicial admission is stronger than any proof.
Conjunction animorum – The consent of the parties is essential to the contract of marriage.
Consensus facit jus – Consent makes law.
Consensus in idem placitum et conventio – Consent and bargain agreed upon touching the same thing. Its is the essence of the contract.
Consensus, non concubitus facit matrimonium – IT is the consent of the parties, not their cohabitation which constitutes a valid marriage.
Consensus facit jus – Consent makes law.
Consensus in idem placitum et conventio – Consent and bargain agreed upon touching the same thing. It is the essence of the contract.
Consensus, non concubitus, facit matrimonium – It is the consent of the parties, not their cohabitation which constitutes a valid marriage.
Consuetudo est optimus interpres legum- Custom is the best expounder of the law.
Consuetudo loci est observanda – Custom is observed as law.
Conventio privatorum nn potest publico juri derogare – A Private agreement cannot derogate from public la.
Conventio vincit legam – The express agreement of the parties overrides the law.
Crimen dolo Contrabitur – Crime is contracted through evil intention.
Criminology – This refers to a science that deals with crimes as well as criminals.
Crimina morte extinguuntur – Crimes are extinguished by death.
Cuilibet in sua arte perito est credenum – Everyone is to be believed in his own area of expertise.
Cujus est commodum, ejus debet esse incommodum – The person who has the advantage should also have the disadvantage.
Cujus est dominium ejus est periculum- The risk lies upon the owner of the subject.
Cujus est solum, ejus est usque ad coelum – One who is proprietor of land is proprietor also of everything on it.
Culpa caret qui sed prohibere non potest – One is free from fault who knows but cannot prevent.
Culpa lata dolo aequiparatur – Gross fault is Curiosus debet esse creditor quo vertatur – The creditor should inquire how the money is applied. This refers to the duty of a creditor who lends money to a minor.
Curiosus debet esse creditor quo vertatur – the creditor should inquire how the money is applied. This refers to the duty of a creditor who lends money to a minor.
Custome curiae est lex curiae – The course of the court is the law of the court.
Custome serra prise stricte – Custom shall be construed strictly.
D
Dactylography – The scientific study of fingerprints as a method of identification.
Damage – A sum of money which the court orders the defendant to pay to the plaintiff as compensation for breach of contract or tort (i.e., civil wrong).
Debenture – A document or certificate signed by the officer of a corporation acknowledging indebtedness for money lent and guaranteeing repayment with interest.
Deceit – The act of intentionally giving a false impression.
Defamation – Publication of a false or derogatory statement regarding a person, which lowers his reputation in the eyes of members of the society.
Damnum sine injuria – Damage without legal injury.
Damage – a sum of money which the court orders the defendant to pay to the plaintiff as compensation for breach of contract or tort (i.e., civil wrong)
De die in diem – From day-to-day.
De facto – in fact.
De jure judices, de facto juratores, respondent – The judges answer regarding the law, the jury on the facts.
De minimus non curat lex – The law does not concern itself with trifling matters.
Debet esse finis litium – there ought to be a limit to litigation.
Debita sequuntur personam debitoris – Debts follow the person of the debtor.
Debitor non praesumitur donare – A debtor is not presumed to make a gift to his creditor.
Deceptis non decipientibus, jura subveniunt – The laws help persons who are decived, not those deceiving.
Delegatus non potest delegare – A delegated power cannot be further delegated.
Demissio Regis vel coronoe – Transfer of property.
De jure – by virtue of law.
De novo – anew.
Doctrine of harmonious construction –a law is so ineroreted to give effect to all its parts and the presumptin is taken for various provisions of statutes.
Doctrine of pith and substance – true subject matter of legislation.
Dolus praesumitur contra versantem in illicito – Fraud or bad intention is presumed against one engaged in an illegal act or transaction.
Dolus versatur in generalibus – Fraud deals in generalities.
Dominium non potest esse in pendente – A right of property cannot be in suspension, it must always be vested in someone.
Domus sua cuique tutissimum refugium – For everyone his own house is the safest refuge.
Dona clandestine sunt sember suspicia – Clandestine donations are regarded with suspicion.
Donatio non praesumitur – Donation is not presumed.
Donation morits causa – A donation made in the view of, and to take effect after the donor's death.
Double jeopardy – a second prosecution after a first trial for the same offence.
Droit – A legal right or claim.
Droit ne poet pas morier – Right cannot die.
Durento bene placito – During good pleasure.
Dysnomy – Bad laws; the enactment of bad legislation.
Dying declaration – A statement by a person as to the circumstances of the transaction which resulted in his death and such statement can be taken as evidence in court.
E
Ear witness – Witness who testifies about something that he or she learned about but did not see.
Easement – Right which an owner of land has over land of another person, for example, right to light, right of way, etc.
E-converso – Another form of proceeding.
Effectus sequitur causam – The effect follows the cause.
Ejectment – A legal action by which a person wrongfully ejected from property seeks to recover possession and damages.
Ejus est nolle qui potest velle – One who can consent may object.
Ejus est periculum cujus est dominium, aut commodum – Risk is with whom the property belongs, or who reaps the advantage.
Ejus nulla Culpa est cui parere necesse sit – No one incurs fault or blame through the performance of an act which he is under the necessity of perofming.
Emptor emit quam minime potest, venditor Vendit quam maxim potest – A purchaser buys as cheaply as he can, a seller sells as dearly as he can.
Equali jure melior est conditio possidentis – If the right is equal, the claim of party in actual possession shall prevail.
Equitas sequitur legem – Equity follows the law.
Estoppel – A rule of evidence preventing a person from denying truth of statement which he had made previously, and by which he has led another to believe and to act upon.
Ex acquo et bono – In justice and good faith.
Ex gratia – Payment made as a favour, without any legal obligation.
Ex post facto – Acting retrospectively, by a subsequent act; retrospectively.
Ex antecedenibus et consequentibus fit optima Interpretatio – A passage is best interpreted by reference to what precedes and what follows it.
Ex dolo malo non oritur action – Right of action cannot arise out of fraud.
Exmaleficioooriturcotratus- No contract arises from crime, or from an act which is contrary to law.
Ex nudo pacto non oritur actio – An action does not arise from a bare promise.
Ex pacto illicito non oritur actio – No right of action arises from an illegal bargain or agreement.
Ex quo persona quis lucrum capit, ejus factum prestare debet – One who derives advantage from other, should bear that Person's obligations, or make good his deeds.
Ex turpi causa non oritur action – No action arises out of a wrongful consideration.
Etradition – A process by which an offender is transferred from one country to another for trial.
Exceptio quae firmat legem exponit legem – An exception which confirms a law expounds or explains the law.
Executio juris non habet injuriam – The carrying out of the law inflicts no wrong for which damages can be recovered.
Exempla non restringunt regulam, sed loquuntur de casibus crebrioribus – Examples do not of explains the law.
Exempli gratia (e.g.) – For example.
Executio juris non habet injuriam – The carrying out of the law inflicts no wrong for which damages can be recovered.
Exempla non restringunt regulam, sad loquuntur de casibus crebrioribus – Examples do not restrict the rule, but speak of the cases which most frequently occur.
Expressio unius est exclusio alterius – Express mention of one thing implies the exclusion of another.
Extra territorium judicis – Beyond the territory of the judge.
F
Faciendo domino superiori quod de jure facere tenetur – By performing that to the superior which by law he is bound to perform.
Factum a judice quod ad officium ejus non pertinet ratum non est – Anything done by a judge which does not belongs to his office is not valid.
Falsa demonstratio non nocet – Mere false description does not vitiate the object.
Fair trial – A trial by an impartial and disinterested tribunal in accordance with regular procedures.
Fourth Estate – The journalistic protection, the media.
Fait accompli – A thing already done.
Faux pas – Tactless mistake.
Fiat – A command.
Fiduciary – A relationship based on trust or good faith.
Fieri non debt, sed factum valet – It ought not to be done, but if done it is valid.
Forfeiture – Forfeiture is the divestiture of specific property without compensation in consequence of some default or act forbidden by law.
Forgery – An act of fraudulently making a false document or altering a real one to be used as if genuine.
Fraus est celare fraudem – It is fraud to conceal fraud.
Fraus est odiosa et non praesumenda – Fraud is odious and not to be presumed.
Fraus latet in generalibus – Fraud lurks in general statements.
Freehold – the absolute ownership of land.
Frustra legis auxilium quarit qui in legem Committit – One seeks the aid of law in vain who is himself acting contrary to the law.
Furiosi nulla voluntas est = Mad men have no free will.
Furiosus absentis loco est – An insane person is regarded as an absent person.
Furtum – Place where theft is committed.
G
Gallows – Structure on which criminals are hanged.
General, nihil certi implicat – A general expression implies nothing certain.
Generale dictum generaliter est inter pretandum – A general expression is to be construed generally.
Generalia specialibus non derogant – General statements/ provisions do not deogate from special statements/provisions.
Generalibus specialia derogant – Special things derogate from general.
Germane – Pertinent or essence of a legal action; the gist of crime.
Grammatica falsa non vitiat chartam – Grammatical error does not vitiate a writing.
Gross negligence – Culpa Lata – The intentional failure to perform a manifest duty in reckless disregard of the Consequences.
Grotis Dictum – Determination of question at issue.
Guarantee – A promise that a thing sold will not go out of order for the specified period. In event of the thing sold going out of order, the seller is under a liability to repair it free of cost and even to replace the thing sold if the purchaser so demands.
H
Haereditas paterna – A succession descending upon the heir from or through his father, in contradistinction from that derived through his mother.
Haeres legitimus est quem nuptiae demonstrant – The common law takes him only to be son whom the marriage proves to be so.
Habeas corpus – A court order which requires a person who has been illegally detained beyond 24 hours to be produced before the court.
Hacking – Unauthorised access to computer material such activity is an offence triable summarily.
Hearsay rule – The rule that no assertion offered as testimony can be received unless it is or has been open to test by cross-examination or an opportunity for cross-examination.
Hearsay – When the witness repeats the statement of another, who was a direct witness to the event in question. Hearsay evidence of a fact is not admissible.
Heinous – Crime, that is shockingly atrocious or ordious.
High seas – The sea not part of the territorial waters of a State.
Hoc quidem Perquam durum es sed ita lex scripta est – Hard may be the law, yet it should be given effect to.
Homicidium vel hominis caedium, est hominis Occisio ab homine facta – homicide or slaughter of a man is the killing of a man by a man.
Hominum causa jus constitutum est – Law was established for the benefit of human kind.
Homo potest esse habilis et inhabilis diversis temporibus – A man may be capable and incapable at different times.
Homicide – Killing of a human being by a human being.
Honorarium – A payment for service given voluntarily.
Hostes sunt qui nobis vel quibus nos bellum decernimus caeteri proditores vel praedones sun – Enemies are those with whom we are at war, all others are traitor or robbers.
Hostage – An innocent person held captive by another who threatens to kill or harm that person if one or more demands are not met.
I
Ibid – From the same source; at the same place.
Id non agebutur – quod de jure possumus – One can do that only which one can lawfully do.
Identitias vera Colligitur ex multitudine signorum – The identiy is collected from a multitude of signs.
Ignorantia facti excusat – Ignorance of facts is an excuse.
Ignorance juris quod quisqueles scire tenetur neminem excusat – Ignorance of the law which everybody is supposed to know does not afford excuse.
Illegitimacy – The state or condition of a child born outside a lawful marriage.
Impertitia enumeratur Culpae – Unskilfulness is reckoned as a fault.
Impossibiium nulla obligatio est – There is not obligation to perform what is impossible.
Impotentia excusat legem – Impotency/inability excuses the non-observance of the law.
Impeachment – The act by a legislature of calling for the removal from office of a public official, accomplished by presenting.
Imprisonment – Act of disabling or depriving of legal capacity.
Inhoate – Already started but not completed.
Indemnify – To make good a loss which one person has suffered in consquence of the act or default of another.
Indictment – A written accusation, read out in court at beginning of a criminal trial.
Insolvent – A person whose assets are insufficient to pay his debts.
In casu extremae necessitates omnia sunt communia – In cases of extreme necessity all things are common.
In civilibus ministerium excusat, in criminalibus non item – In Civil matters agency excuses, but not so in criminal matters.
In criminalibus humanior interpretatio accipienda est – In criminal matters, the more benevolent interpretation is to be received.
In Criminalibus sufficit generalis malitia intentionis cum facto paris gradus – In criminal maters, a general malicious intention, with an act of corresponding degree is sufficient to constitute crime.
In dubio pro innocentia respondendum est – In a doubtful case, the answer or decision should in favour of innocence.
In dubio, sequendum quod tutius est – In a doubtful case, the safer course is to be followed.
In equali jure melior est conditio possidentis – Where the right is equal the claim of the party in actual possession shall prevail.
In fictione juris semper aequitas existit – Equity is the life of a legal fiction.
In jure non remota causa, sed proxima spectatur – In law the immediate, not the remote, cause of any event is regarded.
In jure – In law; in right.
In loco facti imprestabilis subest damnum et interesse – Damages come in the place of an act which cannot be performed.
Innuendo – An innocent looking statement which has a hidden defamatory meaning.
Intra vires – Within power (as opposed to 'ultra vires' which is beyond powe6r).
Maleficiis voluntas spectatur non exitus – In delicts/crimes the intention is regarded, no the result.
In pari delicto potior est conditio defendentis – In equal delict, the position of the defender is the stronger.
In re Communi melior est conditio prohibentis – In common property the condition of the one prohibiting is the better.
In situ – In its original situation.
In suo hacterus facere licet quatenus nibilin alienum immittit – One may use what is his own as be pleases, so long as he does not invade the rights of others.
In turpi causa potior est conditio possidentis – In any claim arising out of an immoral consideration, the condition of the defender is stronger.
Inaedificatum solo cedit solo – Anything built on the ground belongs to the ground.
Infantem innocentia Concilii tuetur- Innocence of design protects an infant from criminal punishment.
Injuria non excusat injuriam – A wrong does not excuse a wrong.
Injuria non praesumitur – Wrong is not presumed.
Interest reipublicae, ut sit finis litium – It is for the interest of the State that there should be an end of lawsuits.
Interest reipublicae, ne quis re sua male utatur – It is for the interest of the State that no one shall use his property improperly.
Iso facto – By reason of that fact.
Is qui dolo malo desiit possidere, pro possessore habetur – One who has fraudulently ceased to possess is still held to be the possessor.
Is qui omnino desipit – Insane person.
J
Jobber – A middleman in the exchange of securities among brokers.
Judecas dati – Judges given or appointed.
Judex – A private person appoin ted by a practor or other Magistrate to hear and decide the case.
Judex tenetur impertiri judicium suum – A judge is bound to communicate his decision.
Judicandum est legibus non exemplis – Judgment must be given by the laws, not by examples.
Judicia posteriora sunt in lege fortiori – Later judgments are stronger in law.
Judicis est judicare secundum allegata et probata – It is the duty of a judge to decide in accordance with what has been alleged and proved.
Judicium a non suo judice nullius est momenti – A judgment pronounced by a judge in a matter not falling within his jurisdiction is of no effect.
Judicium simper pro veritate accipitur – A judgment is always accepted as true.
Juratus creditur in judicio – In a judgment a person who has sworn an oath is believed.
Jury – A body of sworn persons summoned to decide questions of fact in a judicial proceeding.
Justiciable – Properly brought before a court of justice, capable – Young; pertaining to youth.
Juris executio non habet injuriam – The execution of the law inflicts no wrong.
Jus constitui oportet in his quae ut plurimum accident non quae ex inopinato – the law ought to be established to meet those cases which most frequently happen, not those which arise unexpectedly.
Jus ex injuria non oritur – A right does not arise from a wrong.
Jus respicit aequitatem – The law pays regard to equity
Justo tempore – At the right time.
L
Labes realis quae rei inhaeret – A real defect which attaches to the thing.
Laesio poetatos – Breach of duty.
Label – An informative logo, title or similar marking, a narrow slip of paper attached to a deed or writ.
Laissezfaire – Government abstention from interfering. In economic or commercial affairs.
Lata Culpa aequiparatur dolo – Gross fault is held as equivalent to fraud.
Leges posteriors priores contratias abrogant – Later laws repeal earlier laws inconsistent therewith.
Legis constructio non facit injuriam – Legal construction inflicts no wrong.
Legum Beccalaurius (LL.B.) – Bachelor of laws.
Legum Majister (LL.B.) Master of laws.
Lex est norma recti – Law is rule of right.
Lex – Statute.
Lex loci contractus – The law of a place where a contract is made. This is generally the proper law of the contract, i.e, the law by which the contract is to be interpreted.
Lex neminem Cogit ad vana seu inutilia peragenda – The law compels no man to do which is futile.
Lex nil frustra facit – The Law does not compel a man to do that which he cannot possibly perform.
Lex non requirit verificari quod apparet curiae – The Law does not require that to be proved which is apparent to the Court.
Lex posterior derogat priori – A later statute derogates from a prior.
Lex semper naturae ordinem – Law regards the order or course of nature.
Libel – Defamation by means of writing, print; or some other permanent form, other permanent form. The publication of false defamatory words, etc, is a tort actionable without proof of special damage.
Litigation – A process of involing a person of property or a fact to a law suit.
LL.B. – (Legum Baccalaureus) Bachelor of Laws.
LL.M. – (Legum Majister) Master of Laws.
Locus – Place or postion where something is done or exists.
Loco facti non praestabilis, vel non praestiti, succedit damnum – Damages come in the place an act which cannot be, or has not been performed.
Locus regit actum – The place governs the act.
Locus rei sitae – The place where the subject is situated.
Longa possessio jus parit – Long possession begets a right.
Luito cum persona qui luere non potest cum crumena – Let him pay in his person who cannot pay out of his purse.
M
Magistratus majores – Superior Magistrates.
Magna Carta – Great charter.
Mala fide – Bad faith.
Mala in se – Acts bad or wrong in themselves.
Malus usus est abolendus – Bad custom or usage is to be abolished.,
Malice – Reckless disregard of the law or a person's legal rights.
Malicious – Institution of a criminal or civil proceedings for an improper purpose and without probable cause.
Malicious prosecution – Instittion of a criminal or civil proceeding for an improper purpose and without probable cause.
Mandamus – We command; a command of court to an authority to do something.
Manifesta probatione non indigent – Things manifest do not require proof.
Melior est conditio possidentis vel defendents – The condition of a possessor of a subject is better than that of the person challenging the right of possession.
Mens rea – Guilty mind. The criminal intention of accused to commit a crime.
Melius est ut decem noxii evadant quam ut unus innocens pereat – It is better than ten guilty persons should escape than that one innocent person should perish or suffer.
Mistake of law – Mistake of law is no defence in Indian context. But in UK it is a defence.
Mobilia Sequuntur personam – Movables have no locality of their own different from that of the domicile of their owner.
Modus et conventio vincunt legem – Form of agreement and convention of parties over rule the law.
Mock trial - A fictitious trial organized to allow law students or sometimes lawyers to practice the techniques of trial advocacy.
Mortgage – A loan of money taken after giving security of immovable property.
Mortuary =- Where dead bodies are kept before final disposal.
Mutilation – Act or an instance of rendering a document legally ineffective by substrating or altering, but not completely destroying.
Mutuum – A transaction as to a bailment in which goods are delivered, but instead of being returned are replaced by other goods of the same kind.
Mutua petitio – A counter – claim
N
Narco analysis – The process of injecting a truth serum drug into a patient to induce semiconsciousness, and then interrogating the patient. This process has been utilized to enhance the memory of a witness.
Naevi materni – Natural marks on the person.
Nam scire debet cum quo contrabit – One ought to know about the person with whom he contracts.
Necessitas facit licitum quod alias non est licitum – Necessity facit licitum quod alias non est licitum – Necessity makes that lawful which otherwise unlawful.
Nepotism – Bestowal of official favour on one's relatives.
Necessitas inducit Privilegium – Necessity brings the privilege into play.
Necessitas publica major est quam privata – Public necessity is greater than private.
Negotiable Instrument – A transferable security or Bills etc., e.g., cheque, promissory note, bill of exchange.
Nemo Cogitationis poenam patitur – Non one suffers punishment on account of his thought or intention.
Nemo dat qui non habet – Non one can pass a better title than what he himself has.
Nemo debet bis puniri pro Uno delicto – Non one should be punished twice for the same offence.
Nemo debet bis vexari pro una et eadem causa – A man shall no be twice vexed for one and the same cause.
Nemo debet esse judex in propria causa – No man can be judge in his own cause.
Nemo debet ex alieno damno lucrari – No one should be enriched out of the loss or damage sustained by another.
Nemo ex proprio dolo consequitur actionem – No one can pursue an action based upon his own wrong doing.
Nemo potest esse simul actor et judex – Non can be at the same time both pursuer and Judge.
Nemo praesumitur malus – No one is presumed to be guilty of any particular offence with which he may have been charged.
Nemo protest renumciare juri publico – No one can renounce a public right.
Nemo punitur pro alieno delicto – No one is punished for another's Crime.
Nemo rem suam amittit nisi ex facto, aut delicto suo, aut reglectu – No one loses what is his, except by his own act, his delict or his neglect.
Nemo sibi esse judex vel suis jus dicere debet – No one should be judge in his own case or declare the law (Pronounce judgment) in his own affairs.
Nemo tenetur ad impossibilia – No man can be compelled to incriminate himself.
Nemo tenetur ad impossibilia – No one is bound to perform impossibilities.
Nemo tenetur seipsum accusare – No man can be compelled to incriminate himself.
Nihil Consensui tam Contrarium est quam vis atque metus – Nothing is so contrary to sonsent as force and fear.
Non decipitur qui scit se decipi – He is not deceived who knows that he is being deceived.
Non efficit affectus nisi sequatur effectus – The intention is of no avail unless some effect follows.
No est novum ut priores leges ad posteriors trabantur – It is no new doctrine that prior laws are drawn to later laws.
Non Jus e regula sed requla ex jure – The law does not arise from the rule or maxim, but the rule/maxim from the Law.
Non-cognizable offence – This is an offence where the police has no legal authority to arrest an offender without a warrant from court.
Notary – A person authorised by a state to administer oaths, certify documents, atest to the authenticity of signatures and perform official acts in matters.
Non possessori incumbit necessitas probandi possessions ad se partinere – There is not necessity laid upon a possessor of proving that his possessions belong to him.
Non remota sed proxima causa spectatur – No the remote but the near/immediate cause is regarded.
Noscitur a sociis – It is known from its associates.
Noxa caput sequitur – Punishment follows the person guilty of the crime; Punishment is personal.
Nuda pactio obligationem non parit – A bare bargain gives birth to no oblgation.
Nullus commodum capere potest de injuria sua propria – No man can take advantage of his own wrong.
Nuisance – Condition or situation that interferes with the use or enjoyment of property.
Nun quam crescit ex post factor praeteriti delicti aestimatio – The extent of a post delict is never increased by a subsequent act.
Nunquam decurritur ad extraordinarium sed ubi deficit ordinarium- Extraordinary remedies are never had recourse to except when ordinary remedies are insufficient.
Nuptias non concubitus sed consensus facit – Not cohabitation but consent makes marriage.
O
Ob contingentiam – On account of similarity.
Occupantis fiunt derelicta – Things abandoned become the property of the occupier.
Omne actum ab intentione agentis est judicandum – Every act is to be judged of by the intention of the doer.
Omne verbum de ore fideli cadit in debitum – Every presumption is made against a wrong doer.
Omnia praqesumuntur legitime facta donec probetur in contrarium – All things are presumed to have been done according to law until the contrary is proved.
Omnia quae jure contrabuntur contrario jure pereunt – All obligations contracted or imposed by law perish through a contrary law.
Omnium contributione sarciatur quod pro omnibus datum est – That which is sacrificed for all is made good by the contribution of all.
Onus probandi – Burden of proof. The most prominent canon evidence is, that the point in issue to be proved by the party who asserts the affirmative.
Op. cit. – The book previously cited.
Optima fide – In the best faith.
Optima est lex quae minimum relinquit arbitrio judicis – That is the best law which leaves least to the discretion of the Judge.
Optimus interpres rerum usus – Usage is the best interpreter of things.
Ore tenus – By word of month.
Ordo – Order
Overt – Clear; open.
P
Pacta dant legem contractui – The stipulations of parties constitute the law of the contract.
Par in parem non habet imperium – An equal has no Power over an equal.
Pacta sunt servanda – Contracts are to kept/respected.
Pariculum rei vendiate nondum traditae est emptoris – The risk of a subject sold, but not yet delivered, lies with the purchaser.
Partes rei su8nt favorabiliores – The condition of a defender is more favourable than that of the pursuer.
Parole – A process by which a prisoner is allowed to be conditionally released during the term of imprisonment.
Partisan Witness – A person who gives his witness or evidence in support of a party.
Passing off- A tort whereby another's label is used to sell one's own goods, thereby making the buyers believe that the goods actually come from the former.
Pendente lite nihil innovetur – During litigation let nothing be changed.
Per capita – Individually.
Per mensem – By the month.
Persona non grata – An unacceptable person.
Persona non grata – An unacceptable person.
Perempt – To quash, do away with or extinguish.
Peril – Exposure to the risk of injury, damage, or loss.
Petition – A formal written request presented to a court or other official body.
Plaintiff – A person who moves the court in a civil action. (THe party against whom he moves the court is called defendant).
Plea- An accused person's formal response of guilty, not guilty or no contest to a criminal charge.
Pleading – Formal document in which a party to a legal proceeding sets forth or responds to allegation, clams, denials, or defences.
Pledge – It is a contract where a movable article is deposited power is centred in rich.
Placita negativa duo exitum non faciunt – Two negative pleas do not form an issue.
Plures eandem rem in solidum possidere non possunt – Two or more persons cannot each have the entire right to the some thing at the same time.
Plus valet unus oculatus testis quam auriti decem – One eyewitness is better than ten ear witness.
Posteriora derogant prioribus – Subsequent (enactments) repeal prior ones.
Potior est conditio possidentis vel defendentis – The condition of a possessor is better than the person challenging the possession.
Presumptio juris et de jure – Irrebutable presumption of law.
Prerogative – A special power.
Prima facie – On the first view.
Prior possessio cum titulo posteriore melior est priore titulo sine possessione – Prior possession with a subsequent title is better than a prior title without possession.
Prior tempore potior jure – Prior in date, preferable in right.
Privatorum conventio juri publico non derogat – An agreement or bargain between individuals doe not derogate from the public law.
Privatum incommodum bono publico pensatur – Private disadvantage is counterbalanced by the public good.
Pro tempore – For the time being.'
Public interest litigation – It is a process of litigation which is filed in court by any public spirited citizens representing the cause of others.
Q
Qua – As; in the character of
Quasi Judicial – Relating to, or involving an executive or administrative officials adjudicative acts.
Question of fact – An issue that has not been predetermined an authoritatively answered by the law.
Question of law – An issue to be decided by the Judge, concerning the application or interpretation of the law.
Qui facit per alium facit per se- He who acts through another is deemed to act in person; a principal is liable for the acts of his agents.
Qui non negat fatefur – One who does not deny, admits.
Qui non prohibet quod prohibere potest assentire videtur – One who does prevent what he can prevent is regarded as assenting.
Qui Omne dicit mihil excludit – He who says everything excludes nothing.
Qui per alium facit per seipsum facere videtur – He who does an at through another is deemed in law to do it himself.
Qui prior est jure – Better title for first presence in first point of time.
Qui sentit commodum sentire debet et onus – One who reaps the benefit must also bear the burden.
Qui tacet consentire videtur – One who does not object is held as consenting; silence implies consent.
Quid pro quo - - Something for something.
Quisque scire debet cum quo contrabit – Everyone ought the know with whom he contracts.
Quod constat curiae opere testium non in idiget – What is manifest to the court needs not the help of witness.
Quod nullius est fit occupantis – That which is the property of no one becomes the property of the person finding or taking possession of it.
Quovis tempore – At any time.
R
Ratio decidendi – The reason of a decision.
Raison d'etre – Reason for the existence of a thing.
Rainmaker – A lawyer, who generates a large amount of business for a law firm through wide contracts within the business community.
Ratio decidendi – The reasoning of a judicial decision or a principle laid down in a case by court.
Regalia – Royal rights pertaining to the Crown.
Remission – Relief from penalty.
Renunciation – Express or tacit abandonment of a right without transferring it to another.
Reprieve – Temporary postponement of the execution of a criminal sentence I.e. death sentence.
Rescind – To abrogate or cancel unilaterally or by agreement. to repeal or make void or to annul.
Res accessoria sequitur rem principalem – An accessory follows the Principal.
Res inter allios – A matter between strangers.
Res inter alios acta alteri nocere non debet – Things done between others not to injure an outsider.
Res ipsa loquitur – The things speak for itself.
Res judicata pro vertitate accipitur – A matter adjudged is taken for truth.
Res nullius naturaliter fit primi occuapantis – A thing that has no owner naturally belongs to the first taker.
Res perit suo domino – The thing perishes to its owner; the loss falls on the owner.
Respondent – Let him answer.
Retribution – Punishment imposed as repayment or revenge for the offence committed; requital.
Revocation – Annulment, cancellation or reversal of an act or power.
Rex debet esse sub lege, quia lex facit regem – The King ought to be under the law, because the law makes the king.
Rex non potest peccare – The King can do no wrong.
Right to die – The right of a terminally ill person to refuse life- sustaining treatment.
Right to information – A right to information accessible, which is held by or under the control of any public authority.
Robbery – Crime of using force or causing fear of force in order to steal.
Rule of law – This means absolute supremacy or predominance or regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness or even of wide discretionary authority on the part of government.
Rustica et urbana – Rural and urban.
S
Sacramenta puberum sunt sarvanda – Oaths of minors are to be kept inviolate.
Salus populi suprema lex – The welfare of the people is the paramount law.
Scienti et volenti non fit injuria – An injury is not done to one who knows and wills it.
Scientia utrinque par pares contrahentes facit – Equal knowledge on both sides makes the contracting parties equal.
Scire debes cum quo contrabis – You ought to know with whom you contract.
Scire et scire debere aequiparantur in jure – To know a thing, and to be bound to know it, are regarded in law as equivalent.
Semper in obscuris quod minimum est sequimur – In matters which are doubtful, one should adopt that interpretation which is least doubtful.
Semper pro legitimatione praesumitur – The presumption is always in favour of legitimacy.
Separation of power – This is doctrine which means that hone person or body of persons should not exercise all the three types of powers of Government i.e. executive, legislature and judiciary. French jurist Montesquieu advocated this doctrine.
Sedition – Any acts done or words spoken with the intention of exciting disaffection, hatred or contempt against the sovereign, or the government.
Sham – A counterfeit; something that is not what it seems.
Slander- A defamatory statement expressed in a transitory form.
Simples commendatio non obligate – A mere recommendation does not infer an obligation.
Simple imprisonment – The variety of imprisonment in which the convict is not required to work or labour as opposed to rigorous imprisonment.
Sine a die – Indefinitely.
Specialia generalibus derogant – Special provisions derogate from general.
Speedy trail – A trial that the prosecution, with reasonable diligence, begins promptly and conducts expeditiously.
Stabit praesumptio donec probetur in contrarium – The presumption will stand the contrary is proved.
Status quo – To maintain the present state of affairs.
Sub judice – Under judicial consideration or in course of trial.
Subordinate legislation – Legislation made by a person or body on whom powers have been conferred by Act of Parliament.
Substantive law – It imposes the rights and obligations.
Sui – of himself.
Suo moto – On its own.
Summons case – This denotes to the case relating to an offence not being a warrant case.
Summon- To command a person by service of a summons to appear in court.
Suppressio veri, expressio falsi – Suppression of the truth is equivalent to the expression of falsehood.
Surrogatum capit naturam rei surrogatae – A thing substituted partakes of the nature or character of that for which it is substituted.
Suum cuique tribuere – To give to every one that which is his own.
T
Tacere per quadriennium untile- It is null from the beginning because a minor is incapable of contracting or binding himself.
Tacita quaedam or binding himself.
Tacita quaedam habentur pro expressis – Certain things though unexpressed are considered as expressed.
Testamentum omne morte consummatum – Every Will is completed by death.
Testibus non testimoniis credendum est – Credence is given to the witness not to their testimony.
Testimonia ponderanda sunt, non numeranda – Testimonies are to be weighed no numbered.
Testis de visu praeponderat aliis – An eye witness out weighs others.
Testis nemo is sua causa esse potest – No one can be a witness in his own cause.
Third degree – It denotes the process of securing a confession or information from a suspect or prisoner by prolonged questioning, the use of threats or actual violence.
Time barred – Right barred on account of non-action for the period prescribed under the law of limitation.
Tort – A civil wrong, other than a breach of contract or breach of trust.
Transgressione multiplicata, crescat poenae inflictio – When transgression is multiplied let the infliction of punishment be increased.
Transit terra cum onere – The land passes with its burdens.
Tutius est rei incumbere quam personae – A real security is safer than a personal security.
Typographum – Written with the hand.
U
Uberrima fides – Good faith of the most full and copious character.
Ubi eadem est ratio, ibi idem est jus – Where there is the same reason there is the same law.
Ubit – Where; When.
Ubi jnus, ibi remedium – When there is a right there is a remedy.
Ubicunque est injuria, ibi damnum sequitur – Wherever there is a legal wrong, there damages follow.
Universal Declaration of Human Rights – An international bill of rights approved by the United Nations in December 1948, being that body's first enumeration of human rights and fundamental freedoms.
Unlawful assembly – For the provisions of IPC, it must consist of five or more persons pursuing a common object of doing a crime.
Undertaking – A promise, especially a promise in the course of legal proceedings by a party or his counsel, which may be enforced by attachment or otherwise in the same manner as an injunction.
Unpaid seller – A seller, who has not been paid the price of the things sold by him. He may have rights against the goods, e.g., lien and rights against buyer, e.g., an action for the price.
Ultra vires – Outside the powers.
Unusquisque debet esse gnarus conditionis ejus cum quo contrabit – Every one ought to be acquainted with the condition of the person with whom he contracts.
Usus fit ex iterates actibus – Usage arises from repeated acts.
Ut poena ad paucos, metus ad omnes perveniat – That punishment may happen to a few, the fear of it affects all.
Utitur jure communi – He uses common law.
V
Value added tax (VAT) VAT replace sales tax. It is a tax on retail sale, collected in various stages of production and trade but levied in such a manner that value added in each stage is taxed one and only once. It is payable in effect by the ultimate consumer of goods or services.
Valiat quantum – For whatever value it may value.
Vani timoris justa excusatio non est – There is not legal excuse based on a groundless fear.
Verba aliquid operari debent – debent intelligi ut aliquid operentur – Words ought to have some operation. They ought to be interpreted in such a way us have some operation.
Verba ita sunt intelligenda ut res magis valeat quam perseat – Words are to be so understood as will make the matter effectual and valid rather than destroy it.
Verbis standum ubi nulla ambiguitas – One must abide by the words where there is no ambiguity.
Vicarious non habet vicarium – A substitute has no substitute.
Vicarious – Performed or suffered by one person as substitute for another, indirect, surrogate.
Void – No legal effect. One that law regards as never having taken pleace or legally inapplicable.
Voidable – Capable of being set aside at the option of other party.
Vicarious liability – Liability of a person for acts of another (e.g., master's liability for the acts of his servant or principal against the act of agent).
Victus victori in expensis damnandus est – The unsuccessful party is to be found liable in expenses to the successful party.
Vigilantibus et non dormientibus jura sub-veniunt – The laws assist those who are vigilant of their rights, not those who are careless of them.
Void ab initio – Unlawful right or unenforceable right from the very beginning of the matter or issue or fact.
Void – Of no legal effect.
Voidable contract – This is a valid contract where one of the parties to the agreement is entitled to rescind, and uncil that happens, has full legal effect, e.g., in case of fraud in a contract.
Volenti non fit injuria – Damage suffered by consent is not a cause of action.
Volte face – To face about.
Voluntas in delictis non exitus spectatur – In crimes, the intention and not the result is looked into.
Voluntas ultima testatoris est perimplenda secundum veram intentionem suam – The last will of a testator is to be fulfilled according to his true intention.
Vox signata – A marked word.
Vox emissa volat – Litera scripta manet – A word spoken files away – a writing remains.
W
Wagering agreement – A transaction where no delivery of commodity is ever intended by the parties thereto, and the parties were dealing only in differences.
Warrant – A written authority used in executing process in civil and criminal cases.
Warrant case – This denotes to case which relates to an offence punishable with death, imprisonment for life or imprisonment exceeding 2 years.
White collar crimes – Financial crimes, such as fraud or insider dealing committed primarily by persons at high places or at management level.
White paper – A Government document in which the government outlines the policy and proposals for legislative change.
Whips – The party officials whose duty is to see that their party is as fully represented as possible at parliamentary divisions when a vote is taken.
Whistleblower – An employee who discloses his employer's confidential information which in his reasonable belief tends to show a criminal offence, a failure to comply with a legal obligation, a miscarriage of justice, a health and safety danger, environmental damages or deliberate concealment of any of the foregoing.
Writ – A judicial process of written command or order by court, by which any one is summoned or directed; a legal instrument to enforce obedience to the order for restraining to do some act.
Y
Yellow dog contract – An employment contract forbidding membership in a labour union.
Yellow Journalism: New of Media creating sensation.
Z
Zero tolerance – A policy of non-tolerance and rigorous prosecution of even minor offences.
