Legal Maxims

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. Amicus Curiae-A friend of court or member of the Bar who is appointed to assist the Court. Bona fide- In good faith. Caveat-A caution registered with the public court to indicate to the officials that they are not to act 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. Damnum sine injuria- Damage without legal 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 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. 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. 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. 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. 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. Status quo-State of things as they are now. Sine die- “with no day”(indefinitely) Vis major-A ct 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. Waiver- Voluntarily giving up or removing the conditions.

Ab initio-from the beginning. Actus reus- Part of what proves criminal liability Ad hominem-Attacking an opponent's character rather than answering his argument Animus possidendi – It means intention to possess Bona fide-Means in good faith De minimis– See de minimis rule of Copyright Dictum- A statement given some weight or consideration due to the respect given the person making it Ejusdem generis-It is one the aids to interpretation of Statutes In curia- In court In loco parentis– Means In the place of a parent, basically a guardian In pari materiaIn the same matter In re- Means in the matter Ipso facto-Means by the fact itself Jus cogens-One of the principles of International Law Lis pendensSuit pending Locus standi– Basically determines why a particular person is coming to court to seek relief Mutatis mutandis - In simple words, having been changed that which needed to be changed Non liquet- It is not clear type of verdict where positive guilt or innocence cannot be determined Noscitur a sociis- Also a statute of interpretation Obiter dictum-Not the judgment but the observations made by the court Pacta sunt servanda – Also part of International Law Per curiam -A decision delivered by a multi-judge panel, such as an appellate court, in which the decision is said to be authored by the court itself, instead of situations where those individual judges supporting the decision are named Quo warranto-Also a writ under Article 226 of the Constitution Ratio decidendi - The point in a legal proceeding, or the legal precedent so involved, which led to the final decision being what it was Res judicata- A matter that has been finally adjudicated, meaning no further appeals or legal actions by the involved parties is now possible Sine qua non – Means an indispensable and essential action, condition, or ingredient

Sui generis-When a special and unique interpretation of a case or authority is found to be necessary

Accessorius sequitur - An accessory to the crime cannot be guilty of a more serious crime than the principal offender. Actori incumbit onus probandi - The burden of proof lies on the plaintiff. Actus non facit reum nisi mens sit rea – A person will not be guilty without criminal intent. Actus reus - A guilty deed or act. Ad infinitum - Forever, without limit, to infinity. Aequitas legem sequitur - Equity follows the law. Alibi - At another place, elsewhere. Animo testandi - With an intention of making a will. Ante - Before. Audi alteram partem - Hear the other side (A principal of natural justice) Bona vacantia - Goods without an owner Causa proxima, non remota spectatur – To determine the cause of an injury, the immediate, and not the remote cause is to be considered. Consensus ad idem - Agreement as to the same things. Contemporanea expositio est optima et fortissima in lege - A contemporaneous(present) exposition is best and most powerful in law. Contra - To the contrary. Corpus delicti - The body, i.e. the body of crime. De minimis lex non curat - The law does not notice trifling matters. Doli incapax - Incapable of crime (minor) Ejusdem generis- Of the same kind. Ex gratia - Out of kindness, voluntary. Ex post facto - By reason of a subsequent act. Factum - An act or deed. Ignorantia facti excusat, ignorantia juris non excusat - Ignorance of fact can be excused, but ignorance of law cannot be excused. In delicto - At fault. In jure non remota causa sed proxima spectatur - In law not the remote but the proximate cause is looked at. In limine - At the outset, on the threshold. In personam - Against the person. In rem- Against the whole world In situ - In its place. Inter alia - Amongst other things. Inter vivos- Between living persons Interim - Temporary, in the meanwhile. Ipso facto - By that very fact. Judex non potest esse testis in propira causa - A judge cannot be witness in his own cause. Jus naturale - Natural justice. Leges posteriores priores contrarias abrogant - Subsequent laws repeal prior conflicting ones. Lis pendens- A pending suit. Mala in se - Bad in themselves. Mandamus - We command.

Nemo debet esse judex in propria causa - No one can be judge in his own case. Nexus - Connection Nisi - Unless Non sequitur - An inconsistent statement Pari passu - On an equal footing. Pendente lite nihil innovetur - During litigation nothing should be changed. Per curiam - In the opinion of the court. Pro rata - In proportion. Quantum - An amount. Qui facit per alium, facit per se - He who acts through another acts himself. Quid pro quo - Consideration. something for something. Re - In the matter of. Res - Matter, affair, thing, circumstance. Res judicata - A thing adjudged is accepted for the truth. Respondeat superior - Let the principal answer. Sic utere tuo ut alienum non laedas - So use your own as not to injure another s property.. Stare decisis - To stand by decisions (precedents). Sub silentio - In silence. Ubi jus ibi remedium est - Where there is a right there is a remedy. Volenti non fit injuria - An injury is not done to a person consenting to it. DOCTRINES Doct basic structure - basic str of cosntituition cant be amended or destroyed by amendment Doct harmonious const - union and state list conflicts to be harmonously resolved Doct of Elipse - if law against Fund rights, it doesn’t die butbecomes inactive Doct Pith and Substance - real nature of law for suject matter in case of conflict in union state lists Doct of Incidential/Ancilliary powes - for LISTS. The power to legislate is also for ancilliary matters Doct of colourable legislation - what cant be done directly cant be done indirectly. Camaflouge Doct of Severeability - if offending part in statute, only that part invalid, not whole statute Doct Territorial Nexus -state can make law for its territory and for other if nexus is there, not void Doct of Laches - Delay . Voids right if inordinate delay. But FR are not voided.

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You must Actus reusdeals with the ‘act’ itself Not allowed in Court In order t Mostly used while dealing with Transfer of Property Act I thought this was English for a very long time Used in cl I recall t R Irani used to write a weekly column by the same name My Copyright professor used it very often, now I use it often too

Enuf Said! Statements by Learned Hand, Justice Frankfurter, Anton Scalia , I am just throwing names It states For example, where "cars, motor bikes, motor powered vehicles" are mentioned, the word "

Habeas co It is used Orders the See Which Indian Supreme Court decisions have been generally recog – Essentia We use it Kidding

The name of cases begin with In Re at times Use of this will earn you brownie points in case of an argument Refers to An example is law prohibiting genocides and crimes against humanity

What is his interest?

A caution The caution is that the reader must adapt the example to change what is needed for it to ap Also called "not proven" in legal systems with such verdicts An ambiguoWhen a word is ambiguous, its meaning may be determined by reference to the rest of the s SometimesSee No 36 Basically means agreements must be kept

Need I explain it? The meani The writ o The issue of summon is followed by legal proceedings, during which an individua

Section 11 of the Civil Procedure Code When citing cases and other authorities, lawyers and judges may refer to "a sui generis case", or "a sui g To know how to use it in conversations which will result in hilarious effects, PM me

same name

wing names are mentioned, the word "vehicles" would be interpreted in a limited sense (therefore vehicles cannot be interpreted as including airplanes

have been generally recognized as being poor legal decisions?

what is needed for it to apply to the new situation

ference to the rest of the statute

during which an individual's right to hold an office or governmental privilege is challenged

ui generis case", or "a sui generis authority", meaning it is a special one confined to its own facts, and therefore may not be of broader app

reted as including airplanes)

may not be of broader application