Legal Maxims

Lawyer

ab initio

:

from the beginning.

locus standi

:

signifies a right to be heard.

ad hoc

:

for particular purpose, pertaining to or for the purpose of, this case only.

mens rea

:

a guilty mind.

ad interim 

:

in the meantime

mesne profits

:

intermediate profits, the profits which a person in wrongful possession of the property actually received or might with ordinary diligence have received therefrom together with interest on such profits excluding the profits due to improvement made by the person in wrongful possession.

amicus curiae

:

friend of the court; one who voluntarily or on invitation of the court, and not on the instructions of any party, helps the court in any judicial proceedings. 

modus operandi

 

:

mode of operating; the way in which a thing, cause etc. operates.

audi alteram

:

hear the other side. Both sides should be heard before a decision is arrived at.

mutatis mutandis

:

with the necessary changes in points of detail, with such change as may be necessary.

caveat emptor

:

let the purchaser beware. A maxim implying that the buyer must be cautious, as the risk is his and not that of the seller.

nexus

:

bond, link or connection.

cestui que trust

a beneficiary under a trust, the person for whose benefit a trust is created.

non obstante

:

"notwithstanding clause." A legislative device which is usually employed to give overriding effect to certain provisions over some contrary provision that may be found either in the same enactment, or some other enactment, that is to say, to avoid the operation and defect of all contrary provisions.

de facto

:

in fact : an expression indicating the actual state of circumstances independently of any question of right or title.

 

 

 

de jure

:

in law : independent of what obtains in fact.

obiter dictum

:

an opinion of law not necessary to the decision. An expression of opinion (formed) by a judge on a question immaterial to the ratio decidendi, and unnecessary for the decision of the particular case. It is no way binding on any court, but may receive attention as being an opinion of high authority.

dehors

:

outside of : unconnected with, unrelated to; 

pendente lite

:

during litigation.

de novo

:

anew.

per incuriam

:

through carelessness, through inadvertence. A decision of the court is not binding precedent if given per incuriam, that is, without the court's attention having been drawn to the relevant authorities, or statutes.

ejusdem generis

of the same kind or nature. Where a list of specific items is followed by general concluding clause, this is deemed to be limited to things of the same kind as those specified.

pro tanto

:

to that extent, for so much, for as much as may be.

ex gratia

:

as a matter of grace or favour.

quid pro quo

:

the giving of one thing of value for another thing of value; one for the other; thing given as compensation.

ex officio

by virtue of an office.

ratio decidendi

:

reasons for deciding, the grounds of decision.

ex parte

:

expression used to signify something done or said by one person not in the presence of his opponent.

res integra

:

an untouched matter; a point without a precedent; a case of novel impression.

fait accompli

:

an accomplished act.

res judicata

:

a case or suit already decided.

in limine

:

at the outset.

rule nisi

:

a rule to show cause why a party should not do a certain act, or why the object of the rule should not be enforced.

in pari materia

:

upon the same matter or subject

rule absolute

:

when, having heard counsels, court directs the performance of that act forthwith.

in personam

:

against the person; an act or proceeding done or directed against or with reference to a specific person.

sine die

:

without day.

in rem

:

an act/proceeding done or directed with reference to no specific person or with reference to all whom it might concern.

sine qua non

:

an indispensable requisite.

inter alia

:

amongst other things.

stare decisis

to stand by things decided; to abide by precedents where the same points come again in litigation.

inter vivos

:

between living persons

status quo

:

existing condition.

intestate

:

a person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition ("will") capable of taking effect. 

sub judice

:

before a judge or court, pending decision of a competent count.

intra vires

:

within the powers; within the authority given by law.

ultra vires

:

beyond one's powers.

ipse dixit

:

he himself said it; there is no other authority for it.

 

 

 

ipso facto

by the mere fact, automatically

 

 

 

ipso jure

:

by the law itself; by the mere operation of law.

 

 

 

lis pendens

:

a pending suit.

 

 

 

  

 

 
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Advocate

Nice. Its useful.

Total likes : 1 times

 
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Forum Moderator

It is a nice collection
 
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COMPANY SECRETARY

A Legal Maxim is an established principle or proposition. The Latin term, apparently a variant on maxima, is not to be found in Roman law with any meaning exactly analogous to that of a legal maxim in the Medieval or modern sense of the word, but the treatises of many of the Roman jurists on Regular definitiones, and Sententiae juris are, in some measure, collections of maxims. Most of the Latin maxims developed in the Medieval era in European countries that used Latin as their language for law and courts. The attitude of early English commentators towards the maxims of the law was one of unmingled adulation. A similar note was sounded in Scotland; and it has been well observed that a glance at the pages of Morrisons Dictionary or at other early reports will show how frequently in the older Scots law questions respecting the rights, remedies and liabilities of individuals were determined by an immediate reference to legal maxims. In later times, less value has been attached to the maxims of the law, as the development of civilization and the increasing complexity of business relations have shown the necessity of qualifying the propositions which they enunciate. But both historically and practically, they must always possess interest and value.
 
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it's very nice to see the collection of the maxims with meanings.Good Work.
 
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thanku sir its very useful to me.......
 
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Advocate.

Thanks for posting important maxims.
 
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ADVOCATE & TAX CONSULTANT

Thank you for the legal maxims. They are ever useful.
 
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