First-Year Law Notes & Flashcards

Essential Legal Maxims

1. Actus non facit reum nisi mens sit rea.
• Meaning: An act does not make a person guilty unless the mind is also guilty.
• Example: In criminal law, a person who accidentally causes harm without the intention (mens rea) to do so may not be held criminally responsible for the full offense.
2. Audi alteram partem.
• Meaning: Hear the other side.
• Example: A core principle of natural justice ensuring that both parties in a dispute must be given an opportunity to present their case before a decision is made.
3. Nemo judex in causa sua.
• Meaning: No one should be a judge in his own cause.
• Example: A judge must recuse (withdraw) themselves from a case if they have a personal or financial interest in the outcome, upholding the rule against bias.
4. Ubi jus ibi remedium.
• Meaning: Where there is a right, there is a remedy.
• Example: If a person's legal rights (the jus ) are violated, the legal system will provide a means (the remedium ) for them to seek redress or compensation.
5. Res ipsa loquitur.
• Meaning: The thing itself speaks.
• Example: Used in negligence law; if a surgical sponge is left inside a patient after an operation, the accident itself is sufficient proof of negligence.
6. Stare decisis et non quieta movere.
• Meaning: To stand by things decided and not to disturb the calm.
• Example: This is the doctrine of precedent . A lower court must follow the legal rulings established by a higher court in previous cases with similar facts.
7. Habeas corpus.
• Meaning: You shall have the body.
• Example: A legal writ requiring a person under arrest to be brought before a judge or court, ensuring the legality of their detention.
8. Ignorantia juris non excusat.
• Meaning: Ignorance of the law does not excuse.
• Example: A driver cannot escape a speeding ticket by claiming they were unaware of the posted speed limit.
9. Caveat emptor.
• Meaning: Let the buyer beware.
• Example: Historically, this maxim placed the responsibility on the buyer to inspect goods and ensure they were satisfied before purchase.
10. Volenti non fit injuria.
• Meaning: To a willing person, injury is not done.
• Example: A football player who voluntarily participates in a game cannot sue a fellow player for injuries sustained during a legal tackle.
11. Ex turpi causa non oritur actio.
• Meaning: No action arises from a dishonorable cause.
• Example: A person who sustains an injury while committing a serious crime (like a robbery) cannot sue their accomplice for that injury.
12. Damnum sine injuria.
• Meaning: Damage without legal injury.
• Example: A new shop opening nearby causes a loss of business (damage) to an existing shop, but no legal right has been violated, so there is no legal remedy.
13. Injuria sine damno.
• Meaning: Legal injury without damage.
• Example: A person trespasses on your land without causing any physical destruction (no damage), but your right to exclusive possession has been violated (injury), allowing you to sue.
14. Bona fide.
• Meaning: In good faith.
• Example: A bona fide purchaser is one who buys an item honestly and without knowledge of any defect in the seller's title.
15. In pari delicto potior est conditio defendentis.
• Meaning: Where the parties are equally in fault, the position of the defendant is the stronger.
• Example: If two parties enter into an illegal contract, a court will generally leave them where they stand, favouring the defendant.
16. Ratio decidendi.
• Meaning: The reason for deciding.
• Example: This is the legal principle or rule on which a judicial decision is based, forming the binding part of a precedent.
17. Obiter dictum.
• Meaning: Said by the way.
• Example: Statements or observations made by a judge that are not essential to the final decision. These are persuasive, not binding, precedent.
18. Res judicata.
• Meaning: A matter judged.
• Example: Once a final judgment has been entered on a legal claim, the same parties cannot re-litigate the same claim again.
19. Ultra vires.
• Meaning: Beyond the powers.
• Example: A municipal corporation passing a by-law that exceeds the authority granted to it by the legislature is acting ultra vires .
20. Locus standi.
• Meaning: Place of standing (Right to bring an action).
• Example: A court may deny a claimant locus standi if they cannot show that their rights or interests are directly affected by the issue.
21. Noscitur a sociis.
• Meaning: It is known by its associates.
• Example: A rule of statutory interpretation where the meaning of an ambiguous word is determined by the words surrounding it in the statute.
22. Expressio unius est exclusio alterius.
• Meaning: The express mention of one thing is the exclusion of another.
• Example: If a list of acceptable documents is provided in a statute, the maxim suggests that any document not on the list is intentionally excluded.
23. In camera.
• Meaning: In chambers (in private).
• Example: A judge may hear sensitive evidence in camera to protect the privacy of victims or ensure national security.
24. Inter alia.
• Meaning: Among other things.
• Example: A contract states that the company's duties include, inter alia , providing maintenance, managing accounts, and securing permits.
25. De facto / De jure.
• Meaning: In fact / By law.
• Example: A military regime might be the de facto (actual) ruler, even if the exiled king remains the de jure (legal) sovereign.
26. Amicus curiae.
• Meaning: Friend of the court.
• Example: A non-party legal expert or group may file an amicus curiae brief to offer relevant information or arguments to the court.
27. Quid pro quo.
• Meaning: Something for something.
• Example: In contract law, this refers to consideration —the mutual exchange of value necessary to make an agreement legally binding.
28. Respondeat superior.
• Meaning: Let the master answer.
• Example: A doctrine holding an employer vicariously liable for the wrongful acts of an employee committed within the scope of employment.
29. Quicquid plantatur solo, solo cedit.
• Meaning: Whatever is affixed to the soil belongs to the soil.
• Example: A rule of property law stating that permanent fixtures like buildings constructed on a piece of land become part of the land itself.
30. Corpus delicti.
• Meaning: Body of the crime.
• Example: The essential facts proving that a crime has been committed (e.g., in a murder case, the discovery of a deceased body and proof of criminal agency).
31. Mens rea.
• Meaning: Guilty mind.
• Example: The necessary mental state (e.g., intention, knowledge, recklessness) that must accompany a criminal act for a person to be convicted.
32. Lis pendens.
• Meaning: A suit pending.
• Example: A notice filed to inform the public that title to a property is currently the subject of a lawsuit, preventing its sale until the case is resolved.
33. Prima facie.
• Meaning: At first sight; based on the first impression.
• Example: If the prosecution presents prima facie evidence, it is sufficient to prove the case unless the defense provides contrary evidence.
34. Lex loci.
• Meaning: The law of the place.
• Example: A principle of conflicts of law stating that the law of the place where a contract was signed or where a wrong was committed should govern the matter.
35. Functus officio.
• Meaning: Having performed his office.
• Example: A term used to describe an arbitrator or administrative body whose authority has ended after having completed their assigned duty (e.g., issuing a final award).

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