Legal Maxims Flashcards
(140 cards)
1
Q
A priori
A
From the antecedent to the consequent.
2
Q
Ab initio
A
From the beginning
3
Q
Action mixta
A
Mixed action
4
Q
Action personalis moritur
cum persona
A
A personal right of action dies with the person.
5
Q
Actionable per se
A
The very act is punishable and no proof of
damage is required
6
Q
Actus Curiae Nemnem
Gravabit
A
Act of the Court shall prejudice no one
7
Q
Actus non facit reum, nisi
mens sit re
A
An act does not make a man guilty unless
there be guilty intention
8
Q
Actus reus
A
Wrongful act
9
Q
Ad hoc
A
For the particular end or case at hand
10
Q
Ad idem
A
At the same point.
11
Q
Ad valorem
A
According to the value
12
Q
Aliunde
A
From another source.
13
Q
Amicus Curiae
A
A friend of court or member of the Bar who is
appointed to assist the court.
14
Q
Anumus possidendi
A
Intention to possess
15
Q
Audi alteram partem
A
Hear the other side
16
Q
Ad litem
A
Referring to the case at law.
17
Q
A fortiori
A
For a stranger reason.
18
Q
Alieni juris
A
Of another’s right.
19
Q
Autrefois acquit
A
Previously acquitted.
20
Q
Benami
A
Nameless.
21
Q
Bona finde
A
In good faith, genuine.
22
Q
Bona vacantia
A
Property with no owner or which does not
have an obvious owner and which usually
passes to the crown
23
Q
Caveat
A
A caution registered with the public court to
indicate to the officials that they are not to act
in the matter mentioned in the caveat without
first giving notice to the caveator.
24
Q
Caveat actor
A
Let the doer beware
25
Caveat emptor
Let the buyer beware.
26
Caveat venditor
Let the seller beware
27
Certiorari
A writ by which orders passed by an inferior
| court is quashed.
28
Consensus ad idem
Agreement as to the same thing. {Meeting of
| the minds}
29
Corpus delicti
The facts that constitute an offence.
30
Cy pres
As nearly as may be practicable/ possible
31
Champerty
Financial help given to a person starting a
proceeding against a party, where the person
giving help has a share in the damages to be
recovered
32
Corpus legis
Body of laws
33
Damnum sine injuria
Damage without injury
34
De facto
In fact. (as a matter of fact)
35
De jure
“By law” (where the legal title is clear)
36
Dehors
Outside, foreign to (French term).
37
De novo
To make something anew.
38
Dies non
Day on which no legal business is transacted.
| E.g. bank holiday, National holiday.
39
Del credre agent
Is a mercantile agent who is consideration of
extra remuneration called a del credre
commission undertakes to indemnify his
principal against loss arising from the failure of
persons with whom he enters a contract.
40
Delegates non potest
| delegare
A delegate cannot further delegate.
41
Dictum
Statement of law made by judge in the course
of the decision but not necessary to the
decision itself / Saying or statement made by a judge.
42
Dispono
Convey legally
43
De minimis non curat lex
The law does not deal with trivial things.
44
Detinue
Tort of wrongfully holding goods which belong
| to someone else.
45
Denatio morits causa
Gift because of death
46
Ejusdem generis
Of the same kind or nature. Where there are
general words following particular and specific
words, the general words must be confined to
things of the same kind as those specified
47
Estoppels
Prevented from denying
48
Ex kparte
Proceedings in the absence of the other party.
49
Ex turpi causa non oritur
| actio
No action arises from an illegal or immoral
| cause.
50
Ex gratia
As a favour
51
Ex officio
Because of an office held.
52
Expression unius est
| exclusion alterius
The mention that one thing is included implies
| that another thing is expressly excluded
53
Fatum
Beyond human foresight
54
Fait accompli
Things done and no longer worth arguing
| against; an accomplished act
55
Factum probanda
Fact in issue, which is to be proved
56
Factum probans
Relevant fact.
57
Farae naturae
Dangerous by nature; of a wild nature
58
Force majeure
Circumstance beyond one’s control, irresistible
| force or compulsion.
59
Functus officio
No longer having power or jurisdiction.
60
Habeas corpus
A writ to have the body of a person to be
| brought in before the judge
61
Ignorantia legis neminem
| excusat
Ignorance of law is no excuse
62
Injuria sine damno
Injury without damage.
63
Interest reipublicae ut sit
| finis litium
State or public interest requires that there
| should be a limit to litigation.
64
Ipso facto
By the very nature of the case; by the mere
| fact.
65
In prompt
In readiness
66
In posse
In a state of possibility
67
In limine
Initial stage; at the outset
68
In lieu of
Instead of
69
Inter alia
Among other things
70
Inter se
Among themselves
71
In spece
In kind
72
Inter vivos
Between living persons.
73
Intra personam
A proceeding in which relief is sought against
| a specific person.
74
Id or idem
The same thing or the same person
75
In forma pauperis
As a poor person.
76
Innuendo
Spoken words which are defamatory because
| they have a double meaning
77
In statu quo
In the present state.
78
In terrorem
In order to cause terror
79
Intestate
To die without making a Will
80
Jus in personam
Right against a specific person
81
Jus in rem
Right against the world at large
82
Jus non scriptum
Unwritten law; Customary Law.
83
Jus scriptum
Written Law.
84
Jetsam
Caro which is thrown off a sinking ship.
85
Jurat
Words at the end of an affidavit, showing the
| details of when and by whom it was sworn.
86
Jus
Law or right
87
Lex Mercatoria
The law merchant. It is a body of legal
principles founded on the customs of
merchants in their dealings with each other,
and though at first distinct from the common
law, afterwards became incorporated into it.
88
Lex fori
Law of the place where the cases been heard
89
Lis
A suit or legal action.
90
Locus standi
Right of a party to an action to appear and be
| heard by the court.
91
Laissez-faire
Political theory where a government does
| nothing to control the state
92
Lex loci actus
Law of the place where the act took place.
93
Mala fide
In bad faith
94
Mandamus
We command. A writ of command issued by a
Higher Court to Government/ Public Authority,
to compel the performance of a public duty.
95
Mens rea
Guilty mind.
96
Mansuetae naturae
Harmless or tame by nature
97
Mesne profits
The rents and profits which a trespasser has
received/ made during this occupation of
premises, which are lost to the actual owner.
98
Misnomer
A wrong or inaccurate name or term.
99
M’naghten Rules
Rules which a judge applies in deciding if a
| person charged with a crime is insane.
100
Modus operandi
Way of working
101
Modus Vivendi
Way of living
102
Nemo dat quod non habet
No one can give what he does not have.
103
Monfeasance
Not doing something which should be done by
| law
104
Novation
Transaction in which a new contract is agreed
| by all parties to replace an existing contract.
105
Obiter dictum
A saying by the way. An incidental opinion
| expressed by a judge, which is not binding.
106
Onus probandi
Burden of proof
107
Obiter dicta
Things which are said is passing.
108
Pari passu
On equal footing or proportionately.
109
Per se
By itself; taken alone
110
Prime facie
At first sight; on the face of it.
111
Pro bono public
For the public good.
112
Palimony
Money which a court orders a man to pay
regularly to a man with whom he has been
living and from whom he has separated.
113
Pe curiam
By a court
114
Per incuriam
Because of lack of care
115
Privity of contract
Relationship between the parties to a contract
| make it valid.
116
Qui facit per alium facit per
| se
He who acts through another is deemed to be
| acting by himself.
117
Quo Warranto
By what authority. A writ calling upon one to
show under what authority he holds or claims
a public office.
118
Quid pro quo
Something for something (action done in
| return for something done)
119
Ratio decidendi
Principle or reason underlying a court
| judgment
120
Res judicata
A decision once rendered by a competent
court on a mater in issue between the parties
after a full enquiry should not be permitted to
be agitated again
121
Res ipsa loquitur
The thing speaks for itself
122
Respodeat superior
Let the principal be liable
123
Res sub judice
Matter in course of trial
124
Res gestae
Facts surrounding or relevant to a case and
| admissible as evidence.
125
Status quo
State of things as they are now
126
Sine quo non
An indispensable condition; a thing which is
| absolutely essential.
127
Suo Motu
On its own motion
128
Stare decisis
Precedent. Literally let he decision stand.
129
Sine die
“With no day” (indefinitely)
130
Sans recours
With no recourse
131
Sub judice
Under the law
132
Uberrimae fide
Of utmost good faith; of the fullest confidence
133
Ubi jus ibi remedium
Where there is a right, there is a remedy
134
Ultra vires
Beyond the scope, power or authority
135
Vis major
Act of God; irresistible forces
136
Volenti non fit injuria
Damage suffered by consent gives no cause of
| action
137
Veto
Ban or order not to allow something to
become law, even if it has been passed by a
parliament
138
Vice versa
Reverse position
139
Vexatious
Annoying, done in order to annoy
140
Waiver
Voluntarily giving up or removing the
| conditions
