LATIN LEGAL MAXIMS

Use them with caution:

The Latin maxim is followed by the English Translation:
A verbis legis non est recedendum You must not vary the words of a statute.
Absoluta sententia expositore non indiget When you have plain words capable of only one
interpretation, no explanation of them is required.
Abundans cautela non nocet There is no harm done by great caution.
Accusare nemo se debet; accusare nemo se debet nisi coram Deo No one is bound to
accuse himself except to God.
Acta exteriora indicant interiora secreta External actions show internal secrets, i.e., intention
may be inferred from a person's actions.
Actus curiae neminem gravabit An act of the Court shall prejudice no one.
Adversus extraneos vitiosa possessio prodesse solet Prior possession is a good title of
ownership against all who cannot show a better.
Aedificatum solo, solo cedit What is built on the land is to be regarded as having become part
of the land.
Aequitas sequitur legem Equity follows the law.
Affirmanti non neganti incumbit probatio The burden of proof is upon him who affirms, not
upon him who denies.
Ambulatoria est voluntas defuncti usque ad vitae supremum exitum The will of a deceased
person is ambulatory [revocable] until the last moment of life.
Audi alteram partem Hear the other side.
Clausulae inconsuetae semper inducunt suspicionem. Unusual clauses always excite
suspicion.
Consuetudo est altera lex A custom has the force of law.
Contemporanea exposito est optima et fortissima in lege The best way to construe a
document is to read it as it would have read when made.
Contra preferentum If the words in a contract are ambiguous the contract should be interpreted
against the one who wrote the words.
Cujus est dare ejus est disponere He who gives anything can also direct how the gift is to be
used.
Cujus est solum ejus est usque ad coelum Whose is the soil, his is also that which is above it.
De minimis non curat lex The law does not concern itself with trifles.
Debitor non praesumitur donare A debtor is not presumed to give.
Delegatus non potest delegare A delegate cannot delegate.
Domus sua cuique est tutissimum refugium To everyone his house is his surest refuge.
Dona clandestina sunt semper suspiciosa Clandestine gifts are always to be regarded with
suspicion.
Eodem modo quo oritur, eodem modo dissolvitur What has been effected by agreement can
be undone by agreement.
Ex dolo malo non oritur actio No right of action can have its origin in fraud.
Ex maleficio non oritur contractus A contract cannot arise out of an illegal act.
Ex nudo pacto non oritur actio. No right of action arises from a contract entered into without
consideration.
Ex turpi causa non oritur actio An illegal contract cannot be enforced.
Expedit reipublicae ut finis sit litium It is in the public interest that the decision of cases should
be final.
Expressio unius personae vel rei, est exclusio alterius The express mention of one person or
thing is the exclusion of another.
Fractionem diei non recipit lex The law does not recognize any fraction of a day.
Fraus omnia vitiat Fraud vitiates everything.
Frustra legis auxilium quaerit qui in legem comittit He who offends against the law vainly
seeks the help of the law.
Generalia specialibus non derogant General things do not derogate from special things.
Ignorantia juris quod quisque scire tenetur non excusat Ignorance of the law, which
everybody is supposed to know, does not constitute an excuse.
Impotentia excusat legem Impossibility of performance of a legal obligation is a good excuse.
In pari causa potior est condition possidentis Everyone may keep what he has got, unless
and until someone else can prove a better title.
Injuria non excusat injuriam One wrong does not justify another.
Interpretatio chartarum benigne facienda est ut res magis valeat quam pereat The
construction of deeds is to be made liberally, so that the thing may survive rather than perish.
Lex non requirit verificari quod apparet curiae The law does not require verification of that
which is apparent to the Court.
Mala grammatica non vitiat chartam Bad grammar does not vitiate a deed.
Nemo agit in seipsum No one can take proceedings against himself.
Nemo contra factum suum proprium venire potest No one can go against his own deed.
Nemo dat quod non habit. One cannot grant what one does not have.
Nemo debet esse judex in propria causa No one can be judge in his own cause.
Nemo potest facere per alium, quod per se non potest No one can do through another what
he cannot do himself.
Nemo tenetur ad impossibile No one is required to do what is impossible.
Non aliter a significatione verborum recedi oportet quam cum manifestum est aliud
sensisse testatorem There should be no departure from the ordinary meaning of words except
where it appears that the testator meant something different.
Non videntur qui errant consentire Those who are mistaken are not deemed to consent.
Noscitur a sociis The meaning of a word can be gathered from the context.
Omnia praesumuntur rite et solemniter esse acta All acts are presumed to have been done
rightly and regularly.
Qui facit per alium facit per se He who acts through another is deemed to act in person, i.e., a
principal is liable for the acts of his agent.
Qui prior est tempore potior est jure He who is first in time has the strongest claim in law.
Res inter alios acta alteri nocere non debet A transaction between others does not prejudice
one who was not a party to it.
Rex non potest peccare The King can do no wrong.
Sic utere tuo ut alienum non laedas So use your property as not to injure your neighbour's.
Ultra vires Without authority. A decision which is beyond the powers or authority of the person
or organization which took it. When a decision is thought to be ultra vires, the typical remedy is to
get a higher level judicial body, such as a Court, to assess and rule on it. If the decision has
already been made, the remedy is certiorari. If the decision is anticipated, the remedy is
prohibition
Verba chartarum fortius accipiuntur contra proferentem The words of deeds are to be
interpreted most strongly against him who uses them.
Volenti non fit injuria That to which a man consents cannot be considered an injury.