Important Legal Maxims Commonly asked in CLAT Exam!
Important legal maxims and foreign words to assist for Legal Aptitude
- 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.
- Alibi –
At another place, elsewhere.
- Audi alteram partem –
No man shall be condemned unheard.
- Amicus Curiae –
A friend of court or member of the Bar who is appointed to assist the Court.
- Assentio mentium –
The meeting of minds, i.e mutual assents.
- Bona fide –
In good faith.
- Caveat –
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.
- 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.
- Corpus –
Body
- Damnum sine injuria – Damage without
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 but not necessary
to the decision itself.
- Doli incapax –
Incapable of crime
- 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.
- Fraus est celare fraudem –
It is a fraud to conceal a fraud
- 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.
- Justitia nemini neganda est –
Justice is to be denied to nobody
- Lex non a rege est violanda – The
law must not be violated even by the king
- 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.
- Nemo bis punitur pro eodem
delicto – Nobody can be twice punished for the same offence
- Nemo debet esse judex in
propria causa – Nobody can be judge in his own
case
- 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.
- Prima facie –
On the face of it
- Qui facit per alium, facit
per se – He who acts through another acts himself
- Quid pro quo –
Something for something
- 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.
- Rex non protest peccare –
The king can do no wrong
- Salus populi est suprema lex –
The welfare of the is the supreme law
- Status quo –
State of things as they are now.
- Sine die –
“with no day”(indefinitely)
- Ubi jus ibi remedium –
Where there is a right, there is a remedy
- Vis major –
Act 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.
- Vice versa –
Reverse position.
- Waiver –
Voluntarily giving up or removing the conditions.
Important legal maxims and foreign words to assist for Legal Aptitude
Important Legal Maxims Commonly asked in CLAT Exam!
Reviewed by GAURAV SINGH
on
January 14, 2019
Rating:
Reviewed by GAURAV SINGH
on
January 14, 2019
Rating:


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