COLLECTION OF LEGAL MAXIMS

BY ADV.SIDHARTH ARORA , SUPREME COURT

OF INDIA

WHAT IS A LEGAL MAXIM?

An established principle or proposition. A principle of law universally

admitted, as being a correct statement of the law, or as agreeable to natural
reason.

Here , I present you some of the most commonly used Latin Legal Maxims
and their practical uses with explanations.

Hope you make good use of it.

ACCUSARE NEMO SE DEBET [NISI CORAM DEO]: NO ONE OUGHT TO

ACCUSE HIMSELF [EXCEPT TO GOD].

Also called the right against self-incrimination.

Similar to Nemo tenetur seipsum accusare.

An accused is fully entitled to plead not guilty whatever the facts may
be.

A witness may refuse to answer questions on the ground that a reply

might incriminate him.

A confession is not admissible unless it is made freely and voluntarily.

It must not be induced through promise or threat.

ACTA EXTERIORA INDICANT SECRETA INTERIORA: THE OUTWARD ACTS SHOW

THE SECRET INTENTIONS.

This involves the ascertainment of someones subjective

interest/purpose motivating his/her actions, by considering what the
immediate, proximate and reasonably to be anticipated consequences
of such actions are and to reason that the person intends to
accomplish them.
Facta non verba actions speak louder than voice.

ACTIO PERSONALIS MORITUR CUM PERSONA: ANY RIGHT OF ACTION DIES

WITH THE PERSON.

It applies to actions in form of ex delicto. Delict meaning

wrong/injury done to someone.

It is a common law rule which states that if an injury were done either
to the person or to the property of another for which damages only
could be recovered in satisfaction, the action died with the person to
whom or by whom the wrong was done.

In case of injury to the person, if either party dies, no action can be

supported either by or against the executors or other representatives.

Thus, going by this maxim, it would be better for a motorist to kill rather than
merely injure a pedestrian who is unemployed, unmarried, childless and an
orphan.

The relevance of this principle has been substantially removed by statutes

which allow a deceaseds estate to pursue the litigation.

It does not apply to personal action founded on contract.

It now seems to be generally confined to defamation.

ACTORE NON PROBANTE, ABSOLVITUR REUS: AN ACTION NOT PROVED,

ABSOLVES THE GUILTY.

When the plaintiff/prosecution does not prove his case, judgment is for
the defendant/accused.

The same principle applies to an appellant if the judges are equally

divided in their decisions.
ACTUS DEI NEMINI FACIT INJURIAM: AN ACT OF GOD CAUSES LEGAL INJURY
TO NO ONE.

The law holds no man responsible for the act of God ~Herbert Broom.

The loss from an injury caused thereby must be borne by the victim.

It refers to an injury, inevitable as a result of an act of God, which no

industry can avoid or policy prevent.

Supposing a storm causes Mr As car to land on B's house, thereby damaging

Mr Bs house, Mr B cannot claim damages from Mr A.

ACTUS NON FACIT REUM, NISI MENS SIT REA: AN ACT DOES NOT MAKE GUILT,
UNLESS THE MIND BE GUILTY.

The intent and the act must both concur to constitute a crime.

Similar to Nemo cogitationis poenam patitur: No one shall be punished for his
thoughts alone.

The existence of a criminal mind may be negated with the defences of:

*Mistake *Accident *Compulsion *Consent *Claim of right.

A lunatic may however be found guilty of crime, but will not be

executed and only kept in custody for lack of real intent [i.e. mens
rea].

AFFIDAVIT: HE SWORE

A written sworn statement of fact voluntarily made by an affiant or

deponent under an oath/affirmation administered by an authorised
person.

Witnessed by a solicitor or a commissioner of oaths.

 It may not be admissible as evidence; must be backed up.

The content should be only within the knowledge of the affiant.

If discovered false, with the intent to deceive; may lead to a charge of

perjury.

ARMA IN ARMATOS SUMERE JURA SINUNT: THE LAW PERMITS THE TAKING UP
OF ARMS AGAINST THE ARMED.

The use of arms is only lawful if it is necessary as a form of self-

defence, to prevent or repel the commission of a forcible entry or an
heinous crime.

AUDI ALTERAM PARTEM: HEAR THE OTHER SIDE.

First enacted in the Magna Carta, 1215.

Similar to AUDITUR ET ALTERA PARS.

No person shall be condemned, punished or have any property or legal

right compromised by a law court without being heard.

It includes habeas corpus, right to receive notice of hearing and to be

given an opportunity to be represented or heard.

It is a principle of fair-hearing; that both party shall respond to the

evidence against them.

It is considered a principle of fundamental justice or equity.

The ancient Greek dramatists considered hear both sides as part of

common wisdom.

Today, legal systems differ on whether a person can be convicted in

absentia.
Even God, it is said, allowed Adam to make his defence before passing
judgment.

COMMODUM EX INJURIA SUA, NEMO HABERE DEBET: OUT OF HIS OWN

WRONG, NO ONE OUGHT TO HAVE ADVANTAGE.

Mostly applied in insurance cases whereby the assured inflicts injury on

himself, spouse or property to make a fraudulent claim.

CORPUS DELICTI: BODY OF CRIME.

Plural: Corpora delicti.

A principle that a crime must have been proven to have occurred

before a person can be convicted of committing that crime.

It is the fact of a crime having been actually committed 'Blacks law

dictionary.

Out-of-court confession of a defendant is insufficient as evidence.

An accused cannot be convicted solely upon an accomplices

testimony.

If a person disappears and cannot be contacted, a missing person

case is initiated. A body of evidentiary items must be obtained to
establish that the missing individual has indeed been murdered.

Misinterpretation: in the case of British serial killer, John George Haigh, he

destroyed the bodies of his victims with acid thinking that in the absence of a
corpse, murder could not be proven.

DOMUS SUA CINQUE EST TUTISSIMUM REFUGIUM: A MANS HOUSE IS HIS

SAFEST RETREAT.
 The house of everyone is to him a castle/fortress for his safety, and
defence against injury and violence.

A house includes a rented house.

EX PARTE: FOR ONE PARTY ONLY.

It refers to the proceedings where one of the parties has not received
notice and, therefore is neither present nor represented.

It is not ex parte, if a notice is received but the person chose not to

attend.

However, some jurisdictions expand it to mean any proceeding that goes

undefended.

One of the parties applies to the court and is awarded without the
knowledge of the other party who may be bound or affected by the
proceeding/verdict.

Ex parte applications often seek court injunction.

It gives room for injustice.

It is not common in the adversarial system.

Urgency often leads to it.

The party present in court must/is expected to present the case fairly.

EX TURPI CAUSE NON ORITUR ACTIO: OUT OF A BASE/DISGRACEFUL/ILLEGAL

CAUSE, AN ACTION DOES NOT ARISE.

No polluted hand shall touch the pure foundation of justice.

He who comes to equity, must come with clean hands [a maxim of

equity].

It means redress shall not be granted to persons involved in an illegal

deal.
 Illegality in an agreement renders it wholly void of legal effect.

HABEAS CORPUS: MAY YOU HAVE THE BODY.

Habeas: 2nd person singular present subjunctive active of habere to have.

Corpus: accusative singular of corpus; plural is corpora.

Fully written as Habeas corpus ad subjiciendum.

Also called the great writ.

It is a writ [legal action] that requires a person under arrest to be

brought before a judge.

It ensures that a prisoner can be released from unlawful detention.

The remedy can be sought by the prisoner and anyone coming to his
aid.

It is addressed to the prison custodian.

Others, aside the detainee, can write the petition because he might be
held incommunicado.

It may be suspended due to a national emergency.

INTEREST REPUBLICAE UT SIT FINIS LITIUM: IT CONCERNS THE STATE THAT

THERE BE AN END TO LAWSUITS.

In effect, the law does not encourage prolonged litigation.

The wealthy might cause nuisance to the poor if litigation is not

restricted.

Hence, the court expects the parties to come prepared and present
their points of differences as whole and not in bits.

JUDEX NON REDDIT PLUS QUAM QUOD POTENS IPSE REQUIRIT: A JUDGE
DOES NOT GIVE MORE THAN THAT WHICH THE PLAINTIFF ASKS.
 If a plaintiff claims the sum of 1000/- as debt from the defendant, the
judge cannot grant more even if evidence reveals its actually 2000/-.

JUDICIS EST IUS DICERE, NON DARE: THE JUDGE DECLARES (EXISTING) LAW,
AND DOES NOT MAKE NEW ONES.

Under our constitution, the court can only interpret legislations

LEX DILATIONES SEMPER EXHORRET: THE LAW ALWAYS ABHORS DELAYS.

Justice delayed is justice denied ~William Gladstone.

LEX NON COGIT IMPOSSIBILIA: THE LAW DOES NOT COMPEL THE DOING OF
IMPOSSIBILITIES.

The law which is founded on good sense and reasoning cannot possibly
direct that impossible things be done.

SAME AS: nemo tenetur ad impossible

MANDAMUS: WE ORDER.

A judicial remedy or an order from a superior court to a subordinate

court, corporation or public authority to do or not to do some specific
act which that body is obliged under law to do or refrain from doing.

NEMO DAT QUOD HABET: NO ONE GIVES WHAT HE DOES NOT HAVE.

Sometimes called the nemo dat rule.

 It states that the purchase of a possession from someone who has no
ownership right to it also denies the purchaser any ownership right to it
also denies the purchaser any ownership title.

A person who is not the legitimate owner of an item cannot despatch it

to another person.

Often stays valid even if the purchaser is not aware.

There are exceptions, though, which aim to give a degree of protection

to bona fide purchasers as well as original owners.

Section 27, Sale of Goods Act: anybody purchasing something without

the consent of the legitimate owner only attains the same rights to the
item as the dishonest seller.

Section 26(1): a buyer from a non-owner obtains no better title than

the seller.

Exceptions: *Mercantile agent *Sale by joint-owners *voidable contract *Sale

by an unpaid seller *Termination of offer *Quasi-contract.

NEMO DEBET BIS VIXARI PRO UNA ET ENDEM LITIUM: NO ONE OUGHT TO BE
TWICE VEXED (SUED) FOR ONE AND THE SAME CAUSE.

Similar toNEMO BIS PUNITUR PRO UNO (EODEM) DELICTO No one

should be twice punished for one wrong.

Similar to the principle of Res judicata; in civil matters.

It states that nobody should be twice sued or prosecuted upon one and
the same set of facts, if there has been a final decision of a competent
court.

NEMO DEBET ESSE JUDIX IN PROPRIA CAUSA: NOBODY OUGHT TO BE A

JUDGE IN HIS OWN CAUSE.

This is a principle of natural law.

Popularly known as the rule against bias i.e. anything which tends a
person to decide a case other than on the basis of evidence.
 It is based on the premise that it is against human psychology to
decide a case against himself.

It accords with the dictum of Lord Hewart C.J. in R v Sussex; Justice

should not only be done, but also manifestly and undoubtedly be seen
to be done.

A biased decision is a nullity and is coram non judice.

May also be expressed as: *Nemo judex idoneus in propria causa est
*Nemo judexin parte sua *Nemo judex in causa sua *In propria causa
nemo judex.

Exception [doctrine of necessity]: bias would not disqualify an officer if

no other person is competent to act in his place e.g. Speaker of a
house in impeachment proceedings.

NOLLE PROSEQUI: UNWILLING TO PURSUE.

It is most often used in criminal cases.

It is called voluntary dismissal in civil cases.

Similar to it is declination of prosecution.

Its opposite is involuntary dismissal.

It is the prosecutors decision to voluntarily discontinue criminal

charges either before trial or before a verdict is rendered.

Judges seldom challenge such declarations.

It is not a guarantee for the impossibility of a later re-indictment and

nor is it a protection against double jeopardy as the merits of the case
were not adjudicated.

Reasons: *Weak or insufficient evidence *Doubt as to the guilt of the

defendant.*Death of the accused.

PAR IN PAREM, NO HABET IMPERIUM: AN EQUAL POSSESSES NO POWER

OVER AN EQUAL.
 Also called the doctrine of immunity from suit.

This is a precept that a state cannot be sued in the courts of a foreign

state, along-standing rule of customary international law identified with
the personal immunity of a foreign sovereign from suit.

PLUS VALET UNUS OCCULATUS TESTIS, QUAM AURITI DECEM: ONE EYE
WITNESS IS STRONGER THAN TEN HEARSAYS.

Based on the principle that, at all times, justice must be manifestly

seen to have been done.

In law, hearsay evidence is the opposite of direct evidence.

Also, any evidence given in the absence of an accused is not

admissible against him.

PRO BONO PUBLICO: FOR THE GOOD OF THE PUBLIC.

Done or undertaken for public good without any payment or

compensation.

Necessitas publica major est quam privata: public necessity has

priority over a private need.

QUI NON IMPROBAT, APPROBAT: HE WHO DOES NOT DISAPPROVE,

APPROVES.

Hence, a person in authority may be punished for covering a very

serious crime known to him/her.

QUI PARCIT NOCENTIBUS INNOCENTES PUNIT: HE WHO SPARES THE GUILTY,

PUNISHES THE INNOCENT.

For instance, the letting off of a rapist amounts to an ironical/literary

punishment of the victim for her agony, violation of dignity and
molestation.
QUI PECAT EMBRIUS, LUAT SOBRIUS: HE WHO SINS WHEN DRUNK SHALL BE
PUNISHED WHEN SOBER.

even if a person drunk himself to the state of dementia effectum

(self-imposed madness), he will be punished for the crime after his
sober moment; in common law i.e. before 1920 [introduction of the
concept of mens rea].

The present legal position is that voluntary drunkenness which

deprives a person of necessary mens rea cannot ground a criminal
conviction.

If intent is coupled with violent passion, guilt is established as he is

presumed to intend the natural consequence of the act.

RES JUDICATA: MATTER ALREADY ADJUDGED.

Also called claim preclusion.

It is a legal doctrine meant to bar continued litigation between the

same parties.

It may refer to a case which cannot be appealed because there has

been a final judgment.

It cannot be raised whether in the same court or another.

Aims at preventing injustice and a waste of resources.

It prevents contradictory judgments and multiple recoveries of

damages.

Requirements: *Identity in the thing at suit *Identity of the cause at

suit *Identity of the parties to the action *Identity in the designation of
the parties involved *Whether the judgment was final *Whether the
parties were given fair-hearing.

It includes two related concepts: *claim preclusion *issue preclusion or

collateral
estoppel.
 It may be ignored if there is a deficiency in due process in the
adjudged case.

SUB POENA: UNDER PUNISHMENT.

A writ by a government agency (court) compelling testimony by a

witness or production of evidence under a penalty for failure.

Subpoenas are usually issued by the clerk of the court in the presiding
judges name.

Usually referred to as Summons.

VOLENTI NON FIT INJURIA: THAT TO WHICH A MAN CONSENTS CANNOT BE

CONSIDERED AN INJURY.

Expressly or impliedly assenting to an act makes it not to be actionable

as a tort.

In another sense, no one can enforce a legal right which he has

voluntarily waived/abandoned.

That party must have known of his legal rights and either by express
language or sufficient overt act, tells the other party that he is not
insisting on it (or them).

ADV.SIDHARTH ARORA

legalkennen@gmail.com

+91-9560601768