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PALNITKAR V.V. (Lawyer)     16 January 2009

Legal Maxims

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 A decision of the court is not binding precedent if given per incuriam, that is, without the court's attention having been drawn to the relevant authorities, or statutes.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

 

 

 

  

A mensa et thoro - From bed and board.
A vinculo matrimonii - From the bond of matrimony.

Ab extra - From outside.
Ab initio - From the beginning.
Absoluta sententia expositore non indiget - An absolute judgment needs no expositor.
Abundans cautela non nocet - Abundant caution does no harm.
Accessorium non ducit sed sequitur suum principale - An accessory does not draw, but follows its principal.
Accessorius sequitur - One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender.
Acta exteriora iudicant interiora secreta - Outward acts indicate the inward intent.
Actio non accrevit infra s*x annos - The action has not accrued within six years.
Actio non datur non damnificato - An action is not given to one who is not injured.
Actio personalis moritur cum persona - A personal action dies with the person.
Actiones legis - Law suits.
Actori incumbit onus probandi - The burden of proof lies on the plaintiff.
Actus nemini facit injuriam - The act of the law does no one wrong.
Actus non facit reum nisi mens sit rea - The act does not make one guilty unless there be a criminal intent.
Actus reus - A guilty deed or act.
Ad ea quae frequentius acciduunt jura adaptantur - The laws are adapted to those cases which occur more frequently.
Ad hoc - For this purpose.
Ad infinitum - Forever, without limit, to infinity.
Ad perpetuam rei memoriam - For a perpetual memorial of the matter.
Ad quaestionem facti non respondent judices; ad quaestionem legis non respondent juratores - The judges do not answer to a question of fact; the jury do not answer to a question of Law.
Aedificare in tuo proprio solo non licet quod alteri noceat - It is not lawful to build on one's own land what may be injurious to another.
Aequitas legem sequitur - Equity follows the law.
Aequitas nunquam contravenit legem - Equity never contradicts the law.
Alibi - At another place, elsewhere.
Alienatio rei praefertur juri accrescendi - Alienation is preferred by law rather than accumulation.
Aliunde - From elsewhere, or, from a different source
Allegans contraria non est audiendus - One making contradictory statements is not to be heard.
Allegans suam turpitudinem non est audiendus - One alleging his own infamy is not to be heard.
Allegatio contra factum non est admittenda - An allegation contrary to a deed is not to be heard.
Ambiguitas contra stipulatorem est - An ambiguity is most strongly construed against the party using it.
Ambiguitas verborum patens nulla verificatione excluditur - A patent ambiguity is never helped by averment.
Amicus curiae - A friend of the Court.
Angliae jura in omni casu libertati dant favorem - The laws of England are favorable in every case to liberty.
Animo furandi - With an intention of stealing.
Animo testandi - With an intention of making a will.
Annus luctus - The year of mourning.
Ante - Before.
Aqua currit et debet currere, ut currere solebat - Water runs and ought to run.
Arbitrium est judicium - An award is a judgment.
Arbor dum crescit; lignum cum crescere nescit - A tree while it grows, wood when it cannot grow.
Argumentum ab auctoritate fortissimum est in lege - An argument drawn from authority is the strongest in law.
Argumentum ab impossibilii plurimum valet in lege - An argument from impossibility is very strong in law.
Argumentum ad hominem - An argument directed a the person.
Argumentum ad ignoratiam - An argument based upon ignorance (i.e. of one's adversary).
Arma in armatos sumere jura sinunt - The laws permit the taking up of arms against the armed.
Assentio mentium - The meeting of minds, i.e. mutual assent.
Assignatus utitur jure auctoris - An assignee is clothed with rights of his assignor.
Audi alteram partem - Hear the other side.
Aula regis - The King's Court.



Learning

 2 Replies

Prakash Yedhula (Lawyer)     16 January 2009

 Hi,


Gr8 Post. Thanks. Hope you continue to contribute to the site.


Regards,


 


Prakash

SHEKHAR MISHRA (public servant)     18 January 2009

thanks.


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