Legal Maxims

A legal maxim is a concise, often aphoristic, statement of a legal principle or rule. These maxims are typically derived from Roman law and are frequently expressed in Latin.

They serve as foundational guidelines for interpreting laws and legal concepts. Legal maxims are used in various jurisdictions to ensure consistency and fairness in the application of legal rules. Here are a few examples:

Actus non facit reum nisi mens sit rea

• Translation: An act does not make a person guilty unless there is a guilty mind.
• Application: Used to express the necessity of intent for criminal liability.

Audi alteram partem

• Translation: Hear the other side.
• Application: Fundamental principle of natural justice ensuring fair hearing to both parties.

Nemo judex in causa sua

• Translation: No one should be a judge in their own case.
• Application: Ensures impartiality in legal proceedings.

Ignorantia legis neminem excusat

• Translation: Ignorance of the law excuses no one.
• Application: Individuals are expected to know the law and cannot avoid liability by claiming ignorance.

Res ipsa loquitur

• Translation: The thing speaks for itself.
• Application: Used in tort law when the cause of harm is obvious and attributable to negligence.

Falsus in uno, falsus in omnibus

• Translation: False in one thing, false in everything.
• Application: This principle suggests that a witness who lies about one thing may be disbelieved in all other testimonies.

In pari delicto potior est conditio defendentis

• Translation: In equal fault, the condition of the defendant is stronger.
• Application: In a situation where both parties are equally at fault, the position of the defendant is favored.

Lex posterior derogat priori

• Translation: A later law repeals an earlier one.
• Application: When two laws conflict, the newer law takes precedence.

Lex specialis derogat legi generali

• Translation: A special law prevails over a general one.
• Application: Specific laws take precedence over more general ones when both apply to a situation.

Nemo debet bis vexari pro una et eadem causa

• Translation: No one should be tried twice for the same cause.
• Application: This is the basis for the legal doctrine of double jeopardy.

Qui tacet consentire videtur

• Translation: He who is silent is taken to agree.
• Application: Silence implies consent in certain legal contexts.

Salus populi suprema lex esto

• Translation: The welfare of the people shall be the supreme law.
• Application: Emphasizes that the common good is the highest priority in the law.

Ubi jus ibi remedium

• Translation: Where there is a right, there is a remedy.
• Application: Every right must have a legal remedy.

Volenti non fit injuria

• Translation: To a willing person, no injury is done.
• Application: If someone willingly puts themselves in a position where harm might result, they cannot sue for that harm.

Dura lex, sed lex

• Translation: The law is harsh, but it is the law.
• Application: The law must be followed, even if it is severe.

Ex turpi causa non oritur actio

• Translation: No action arises from a dishonorable cause.
• Application: A person cannot pursue legal remedy if it arises from their own illegal or immoral act.

Expressio unius est exclusio alterius

• Translation: The expression of one thing is the exclusion of another.
• Application: If a law specifies certain things, it is implied that anything not listed is excluded.

In dubio pro reo

• Translation: When in doubt, for the accused.
• Application: In criminal cases, any doubt should benefit the defendant.

Lex non cogit ad impossibilia

• Translation: The law does not compel the impossible.
• Application: The law does not require individuals to do what is impossible.

Nemo tenetur se ipsum accusare

• Translation: No one is bound to accuse themselves.
• Application: This principle underlies the right against self-incrimination.

Nullum crimen, nulla poena sine lege

• Translation: No crime, no punishment without law.
• Application: A person cannot be punished for an act that was not defined as a crime at the time it was committed.

Pacta sunt servanda

• Translation: Agreements must be kept.
• Application: Contracts and agreements are binding and must be honored.

Qui facit per alium facit per se

• Translation: He who acts through another acts himself.
• Application: A person is legally responsible for the actions of their agent.

Stare decisis et non quieta movere

• Translation: Stand by decisions and do not disturb the undisturbed.
• Application: The principle of adhering to precedent in judicial decisions.

Vigilantibus non dormientibus jura subveniunt

• Translation: The laws aid those who are vigilant, not those who sleep.
• Application: The law favors those who are proactive in asserting their rights.

Actori incumbit onus probandi

• Translation: The burden of proof lies on the plaintiff.
• Application: In civil litigation, the plaintiff must prove their case.

De minimis non curat lex

• Translation: The law does not concern itself with trifles.
• Application: The law ignores trivial matters.

Caveat emptor

• Translation: Let the buyer beware.
• Application: The buyer is responsible for checking the quality and suitability of goods before a purchase is made.

Nemo dat quod non habet

• Translation: No one can give what they do not have.
• Application: One cannot transfer a right or property they do not own.

Rex non potest peccare

• Translation: The king can do no wrong.
• Application: A historical principle implying the sovereign’s immunity from legal prosecution.

Ab initio

• Translation: From the beginning.
• Application: Refers to something being void from the outset.

Ad coelum et ad inferos

• Translation: To the sky and to the depths.
• Application: Refers to property rights extending above and below the land.

Alibi

• Translation: Elsewhere.
• Application: A defense that the accused was somewhere else at the time the crime was committed.

Bona fide

• Translation: In good faith.
• Application: Refers to actions done honestly without deception or fraud.

Contra proferentem

• Translation: Against the offeror.
• Application: Ambiguities in a contract are interpreted against the party that drafted the document.

Corpus delicti

• Translation: Body of the crime.
• Application: Refers to the principle that a crime must be proven to have occurred before a person can be convicted of committing that crime.

Cui bono

• Translation: For whose benefit?
• Application: Suggests that the person who benefits from a crime is likely to be responsible for it.

Delegatus non potest delegare

• Translation: A delegate cannot delegate.
• Application: A person to whom power is delegated cannot delegate that power to another.

Fiat justitia, ruat caelum

• Translation: Let justice be done, though the heavens fall.
• Application: Justice should be pursued regardless of the consequences.

Inter alia

• Translation: Among other things.
• Application: Used to indicate that additional items are included in a list.

Jura novit curia

• Translation: The court knows the law.
• Application: The court is presumed to know and apply the law correctly without needing to be instructed by the parties.

Lex loci delicti

• Translation: The law of the place where the crime was committed.
• Application: Refers to the legal jurisdiction applicable to a crime.

Modus operandi

• Translation: Method of operation.
• Application: Refers to the characteristic way someone commits a crime.

Non compos mentis

• Translation: Not of sound mind.
• Application: Refers to a person who is not mentally competent to handle their affairs.

Prima facie

• Translation: At first sight.
• Application: Evidence that is sufficient to establish a fact unless disproved by contrary evidence.

Quid pro quo

• Translation: Something for something.
• Application: Refers to a mutual exchange of goods, services, or favors.

Ratio decidendi

• Translation: The reason for the decision.
• Application: The legal principle or rationale underlying a judicial decision.

Sine qua non

• Translation: Without which not.
• Application: An essential condition or element.

Sub judice

• Translation: Under judgment.
• Application: Refers to matters currently under judicial consideration and therefore prohibited from public discussion.

Uberrima fides

• Translation: Utmost good faith.
• Application: Principle requiring parties to act honestly and not mislead or withhold critical information.

Ad hoc

• Translation: For this purpose.
• Application: Refers to solutions or measures designed specifically for a particular problem or task.

Ad litem

• Translation: For the lawsuit.
• Application: Refers to a party appointed to act in a lawsuit on behalf of another, such as a child or incapacitated person.

Animus nocendi

• Translation: Intention to harm.
• Application: Refers to the intention to commit a wrongful act, particularly in criminal law.

Caveat venditor

• Translation: Let the seller beware.
• Application: The seller is responsible for any issues with the goods or services sold.

Consensus ad idem

• Translation: Agreement to the same thing.
• Application: Refers to mutual agreement and understanding in contract law.

Custodia legis

• Translation: In the custody of the law.
• Application: Refers to property or assets being held by the court or legal authority.

Dictum

• Translation: A remark or statement.
• Application: An authoritative or formal statement or pronouncement.

Ex parte

• Translation: From one party.
• Application: Legal proceedings or orders that involve only one party without the presence of the other.

Fieri facias

• Translation: Cause to be made.
• Application: A writ of execution directing a sheriff to seize and sell a debtor’s property to satisfy a judgment.

In camera

• Translation: In private.
• Application: Court proceedings conducted in private, without the public or press present.

In flagrante delicto

• Translation: In the act of committing a crime.
• Application: Caught in the very act of wrongdoing.

In personam

• Translation: Against the person.
• Application: Legal action directed against a specific individual.

In rem

• Translation: Against the thing.
• Application: Legal action directed against property rather than a person.

Inter vivos

• Translation: Between the living.
• Application: Refers to a transfer or gift made during the giver’s lifetime.

Ipso facto

• Translation: By the fact itself.
• Application: Something that is a direct consequence of the fact or action.

Lis pendens

• Translation: A pending lawsuit.
• Application: Notice that a property is subject to litigation.

Malum in se

• Translation: Wrong in itself.
• Application: Acts that are inherently wrong or evil, such as murder.

Malum prohibitum

• Translation: Wrong because prohibited.
• Application: Acts that are wrong because they are prohibited by law, not because they are inherently evil.

Mens rea

• Translation: Guilty mind.
• Application: The intention or knowledge of wrongdoing in criminal law.

Nemo est supra leges

• Translation: No one is above the law.
• Application: Everyone is subject to the law, regardless of status or position.

Non sequitur

• Translation: It does not follow.
• Application: A conclusion or statement that does not logically follow from the previous argument or statement.

Pendente lite

• Translation: While the litigation is pending.
• Application: Refers to orders or actions that take effect during the course of litigation.

Pro bono

• Translation: For the public good.
• Application: Legal work undertaken voluntarily and without payment for the benefit of those in need.

Quasi

• Translation: As if.
• Application: Refers to something that is similar to or resembling something else but not exactly the same.

Terra nullius

• Translation: Land belonging to no one.
• Application: Land not claimed or owned by any nation or sovereign state.

A fortiori

• Translation: From the stronger argument.
• Application: If something is true in a less probable situation, it is even more true in a more probable situation.

A priori

• Translation: From the earlier.
• Application: Knowledge or reasoning based on theoretical deduction rather than empirical evidence.

Causa causans

• Translation: The cause of the cause.
• Application: Refers to the primary cause from which a particular effect arises.

Causa sui

• Translation: The cause of itself.
• Application: Refers to something that exists by its own virtue, often used in discussions about self-causing entities or principles.

Compos mentis

• Translation: Of sound mind.
• Application: Refers to someone who is mentally competent.

Contributory negligence

• Translation: Shared negligence.
• Application: A doctrine that reduces the amount of damages a plaintiff can recover if they were partially at fault for their injury.

De bene esse

• Translation: Of well-being.
• Application: Refers to evidence or testimony taken provisionally, with the understanding that it may be used later.

Ex gratia

• Translation: Out of kindness.
• Application: Refers to something done as a favor or out of goodwill, rather than a legal obligation.

Ex turpi causa non oritur actio

• Translation: From a dishonorable cause, an action does not arise.
• Application: Prevents a person from claiming legal rights if they are seeking to benefit from their own illegal act.

Forum non conveniens

• Translation: An inconvenient forum.
• Application: Refers to a court’s discretion to dismiss a case if another court or forum is more suitable for the case.

In loco parentis

• Translation: In the place of a parent.
• Application: Refers to a person or organization that assumes the role of a guardian or caretaker.

Jus ad rem

• Translation: Right to the thing.
• Application: Refers to a right to a particular property that is not yet possessed but is claimable.

Jus in personam

• Translation: Right against a person.
• Application: A legal right that is enforceable only against a specific individual.

Jus naturale

• Translation: Natural law.
• Application: Refers to a system of law based on inherent human rights and moral principles.

Locus standi

• Translation: Place of standing.
• Application: Refers to the right of an individual or organization to bring a lawsuit to court.

Nemo judex in causa sua

• Translation: No one should be a judge in their own cause.
• Application: Ensures impartiality by preventing a person from being their own judge in a case.

Non bis in idem

• Translation: Not twice in the same.
• Application: The principle that one cannot be prosecuted twice for the same offense.

Optima ratio

• Translation: The best reason.
• Application: Refers to the most compelling justification or rationale for a legal decision or principle.

Pacta sunt servanda

• Translation: Agreements must be kept.
• Application: Contracts and agreements are legally binding and must be honored by the parties involved.

Praecepta

• Translation: Precepts or rules.
• Application: Refers to fundamental principles or rules that guide legal practice or interpretation.

Ratio decidendi

• Translation: Reason for the decision.
• Application: The principle or rationale underlying a judicial decision.

Res judicata

• Translation: A thing adjudicated.
• Application: The principle that a matter that has been judged cannot be brought before the court again.

Stare decisis

• Translation: To stand by things decided.
• Application: The doctrine that courts should follow precedents set by previous decisions.

Usus fructus

• Translation: Use and enjoyment.
• Application: Refers to the legal right to use and enjoy the benefits of property owned by another.

Voluntas testatoris 

• Translation: The will of the testator.
• Application: Refers to the intention or wishes of a person making a will, which should guide the interpretation of the will’s provisions.

Ad infinitum

• Translation: To infinity.
• Application: Refers to something that continues indefinitely, without end.

Actus curiae neminem gravabit

• Translation: An act of the court shall prejudice no one.
• Application: Legal principle that no party should suffer due to an error or delay by the court.

Alter ego

• Translation: Another self.
• Application: Refers to a second self or persona; used in law to describe a situation where a person or entity acts as an agent for another.

Amicus curiae

• Translation: Friend of the court.
• Application: Refers to a person or organization that is not a party to a case but offers information or expertise to assist the court in its decision.