Professional Documents
Culture Documents
Here , I present you some of the most commonly used Latin Legal Maxims
and their practical uses with explanations.
An accused is fully entitled to plead not guilty whatever the facts may
be.
It is a common law rule which states that if an injury were done either
to the person or to the property of another for which damages only
could be recovered in satisfaction, the action died with the person to
whom or by whom the wrong was done.
Thus, going by this maxim, it would be better for a motorist to kill rather than
merely injure a pedestrian who is unemployed, unmarried, childless and an
orphan.
When the plaintiff/prosecution does not prove his case, judgment is for
the defendant/accused.
The law holds no man responsible for the act of God ~Herbert Broom.
The loss from an injury caused thereby must be borne by the victim.
ACTUS NON FACIT REUM, NISI MENS SIT REA: AN ACT DOES NOT MAKE GUILT,
UNLESS THE MIND BE GUILTY.
The intent and the act must both concur to constitute a crime.
Similar to Nemo cogitationis poenam patitur: No one shall be punished for his
thoughts alone.
The existence of a criminal mind may be negated with the defences of:
AFFIDAVIT: HE SWORE
ARMA IN ARMATOS SUMERE JURA SINUNT: THE LAW PERMITS THE TAKING UP
OF ARMS AGAINST THE ARMED.
It refers to the proceedings where one of the parties has not received
notice and, therefore is neither present nor represented.
One of the parties applies to the court and is awarded without the
knowledge of the other party who may be bound or affected by the
proceeding/verdict.
The party present in court must/is expected to present the case fairly.
The remedy can be sought by the prisoner and anyone coming to his
aid.
Others, aside the detainee, can write the petition because he might be
held incommunicado.
Hence, the court expects the parties to come prepared and present
their points of differences as whole and not in bits.
JUDEX NON REDDIT PLUS QUAM QUOD POTENS IPSE REQUIRIT: A JUDGE
DOES NOT GIVE MORE THAN THAT WHICH THE PLAINTIFF ASKS.
If a plaintiff claims the sum of 1000/- as debt from the defendant, the
judge cannot grant more even if evidence reveals its actually 2000/-.
JUDICIS EST IUS DICERE, NON DARE: THE JUDGE DECLARES (EXISTING) LAW,
AND DOES NOT MAKE NEW ONES.
LEX NON COGIT IMPOSSIBILIA: THE LAW DOES NOT COMPEL THE DOING OF
IMPOSSIBILITIES.
The law which is founded on good sense and reasoning cannot possibly
direct that impossible things be done.
MANDAMUS: WE ORDER.
NEMO DAT QUOD HABET: NO ONE GIVES WHAT HE DOES NOT HAVE.
NEMO DEBET BIS VIXARI PRO UNA ET ENDEM LITIUM: NO ONE OUGHT TO BE
TWICE VEXED (SUED) FOR ONE AND THE SAME CAUSE.
It states that nobody should be twice sued or prosecuted upon one and
the same set of facts, if there has been a final decision of a competent
court.
Popularly known as the rule against bias i.e. anything which tends a
person to decide a case other than on the basis of evidence.
It is based on the premise that it is against human psychology to
decide a case against himself.
May also be expressed as: *Nemo judex idoneus in propria causa est
*Nemo judexin parte sua *Nemo judex in causa sua *In propria causa
nemo judex.
PLUS VALET UNUS OCCULATUS TESTIS, QUAM AURITI DECEM: ONE EYE
WITNESS IS STRONGER THAN TEN HEARSAYS.
Subpoenas are usually issued by the clerk of the court in the presiding
judges name.
That party must have known of his legal rights and either by express
language or sufficient overt act, tells the other party that he is not
insisting on it (or them).
ADV.SIDHARTH ARORA
legalkennen@gmail.com
+91-9560601768