Legal GK for CLAT : Legal Maxims and Latin Terms

Legal GK for CLAT: Legal Maxims

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Legal GK for CLAT: Legal Maxims

By CLATapult
March 25, 2017
2:25 am

A priori	From the antecedent to the consequent.
Ab initio	From the beginning.
Action mixta	Mixed action.
Actio personalis moritur cum persona	A personal right of action dies with the person.
Actionable per se	The very act is punishable and no proof of damage is required.
Actus Curiae Neminem Gravabit	Act of the Court shall prejudice no one.
Actus non facit reum, nisi mens sit rea	An act does not make a man guilty unless there be guilty intention.
Actus reus	Wrongful act.
Ad hoc	For the particular end or case at hand.
Ad idem	At the same point.
Ad valorem	According to the value.
Aliunde	From another source.
Amicus Curiae	A friend of court or member of the Bar who is appointed to assist the Court.
Animus possidendi	Intention to possess.
Audi alteram partem	Hear the other side.
Ad litem	Referring to the case at law.
A fortiori	For a stronger reason.
Alieni juris of another’s right.	Of another’s right.
Autrefois acquit	Previously acquitted.
Benami	Nameless.
Bona fide	In good faith, genuine.
Bona vacantia	Property with no owner or which does not have an obvious owner and which usually passes to the crown.
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.
Cartiorari	A writ by which orders passed by an inferior court is quashed.
Consensus ad idem	Agreement as to the same thing (Meeting of the minds)
Corpus delicti	The facts that constitute an offence.
Cy pres	As nearly as may be practicable / possible.
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.
Corpus legis	Body of laws.
Damnum sine injuria	Damage without injury.
Defacto	In fact. (As a matter of fact).
De jure	“By law” (where the legal title is clear).
Dehors	Outside, foreign to (French term).
De novo	To make something anew.
Dies non	Day on which no legal business is transacted. E.g. Bank holiday, National holiday.
Del credre agent	Is a mercantile agent who in consideration of extra remuneration called a del credre commission undertakes to indemnify his principle against loss arising from the failure of persons with whom he enters a contract.
Delegatus non potest delegare	Adelegate cannot further delegate.
Dictum	Statement of law made by judge in the course of the decision but not necessary to the decision itself.
Dispono	Convey legally.
Deminimis non curat lex	The law not deal with trivial things.
Detinue	Tort of wrongfully holding goods which belong to someone else.
Dictum	Saying or statement made by a judge.
Denatio mortis causa	Gift because of death.
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.
Estoppel	Prevented from denying.
Ex parte	Proceedings in the absence of the other party.
Ex turpi causa non oritur actio	No action arises from an illegal or immoral cause.
Exgratia	As a favour.
Ex officio	Because of an office held.
Expressio unius est exclusion alterius	The mention that one thing is included implies that another thing is expressly excluded.
Fatum	Beyond human foresight.
Fait accompli	Things done and no longer worth arguing against; an accomplished act.
Factum probanda	Fact in issue, which is to be proved.
Factum probans	Relevant fact.
Ferae naturae	Dangerous by nature; of a wild nature.
Force majeure	Circumstance beyond one’s control, irresistible force or compulsion.
Functus officio	No longer having power or jurisdiction.
Habeas corpus	A wirt to have the body of a person to be brought in before the judge.
Ignorantia legis neminem excusat	Ignorance of law is no excuse.
Injuria sine damno	Injury without damage.
Interest reipublicae ut sit finis litium	State or public interest requires that there should be a limit to litigation.
Ipso facto	By the very nature of the case; by the mere fact.
In prompt	In readiness.
In posse	In a state of possibility.
In limine	Initial stage; at the outset.
In lieu of	Instead of.
Inter alia	Among other things.
Inter se	Among themselves.
In spece	In kind.
Inter vivos	Between living persons.
Intra vires	Within the powers.
In personam	A proceeding in which relief is sought against a specific person.
Id or idem	The same thing or the same person.
In forma pauperis	As a poor person.
Innuendo	Spoken words which are defamatory because they have a double meaning.
In statu quo	In the present state.
In terrorem	In order to cause terror.
Intestate	To die without making a Will.
Jus in personam	Right against a specific person.
Jus in rem	Right against the world at large.
Jus non scriptum	Unwritten law; Customary Law.
Jus scriptum	Written Law.
Jetsam	Cargo which is thrown off a sinking ship.
Jurat	Words at the end of an affidavit, showing the details of when and by whom it was sworn.
Jus	Law or right.
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.
Lex fori	Law of the place where the cases been heard.
Lis	A suit legal action.
Locus standi	Right of a party to an action to appear and be heard by the court.
Laissez-faire	Political theory where a government does nothing to control the.
Lex loci actus	Law of the place where the act took place.
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.
Mansuetae naturae	Harmless or tame by nature.
Mesne profits	The rents and profits which a trespasser has received / made during his occupation of primises, which are lost to the actual owner.
Misnomer	A wrong or inaccurate name or term.
M’ Naghten Rules	Rules which a judge applies in deciding if a person charged with a crime is insane.
Modus operandi	Way of working.
Modus Vivendi	Way of living.
Nemo dat quod non habet	No one can give what he does not have.
Monfeasance	Not doing something which should be done by law.
Novation	Transaction in which a new contract is agreed by parties to replace an existing contract.
Obiter dictum	A saying by the way. An incidental opinion expressed by a judge, which is not binding.
Onus Probandi	Burden of proof.
Obiter dicta	Things which are said in passing.
Pari passu	On equal footing or proportionately.
Per se	By itself; taken alone.
Prima facie	At first sight; on the face of it.
Pro bono public	For the public good.
Palimony	Money which a court orders a man to pay regularly to a woman with whom he been living and from whom he has separated.
Per curiam	By a court.
Per incuriam	Because of lack of care.
Privity of contract	Relationship between the parties to a contract make it valid.
Qui facit per alium facit per se	He who acts through another is deemed to be acting by himself.
Quo Warranto	By what authority. A writ calling upon one to show under what authority he holds or claims a public office.
Quid pro Quo	Something for something (action done in return for something done).
Ratio decidendi	Principle or reason underlying a court judgment.
Res judicata	A decision once rendered by a cometent court on a matter in issue between the parties after a full enquiry should not be permitted to be agitated again
Res ipsa loquitur	The thing speaks for itself.
Respondeat superior	Let the principal be liable.
Res sub judice	Matter in course of trial.
Res gestae	Facts surrounding or relevant to a case and admissible as evidence.
Status quo	State of things as they are now.
Sine qua non	An indispensable condition; a thing which is absolutely essential.
Suo Motu	On its own motion.
State decisis	Precedent. Literally let the decision stand.
Sine die	“With no day” (indefinitely).
Sans recours	With no recourse.
Sub judice	Under the law.
Uberrimae fide	Of utmost good faith; of the fullest confidence.
Ubi jus ibi remedium	Where there is a rights, there is a remedy.
Ultra vires	Beyond the scope, power or authority.
Vis major	Act of God; irresistible forces.
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.
Vexatious	Annoying, done in order to annoy.
Waiver	Voluntarily giving up or removing the conditions.