Nemo debt bis vexari pro una et eadem causa The legal maxim “Nemo debet bis vexari pro una et eadem causa” is a Latin phrase which means “no one should be punished twice for the same offense.” This principle is a fundamental principle of criminal law and is also known as the “double jeopardy” rule. …
Injuria sine damnum This maxim means infringement or violation of a legal private right of a person even if there is no actual loss or damage. In such a case the person whose right is infringed has a good cause of action. It is not necessary for him to prove any special damage. The infringement …
Verba chartarum fortius accipiuntur contra preferentem – The words of deeds are accepted more strongly against the person offering them. Verba debent intelligi cum effectu – Words ought to be understood with effect. Verba intentioni, non e contra, debent inservire – Words ought to serve the intention, not the reverse. Verbatim – Word by word, …
Ubberime fide – In utmost good faith. Ubi jus ibi remedium – Wherever there is a right, there is a remedy/For every wrong there is a remedy. Ubi non est principalis, non potest esse accessorius – Where there is no principal, there can be no accessory. Ubi nullum matrimonium, ibi nulla dos es – Where …
Salus populi est suprema lex – The safety of the people is the supreme law. Sans recours – With no recourse. Sciens – Knowingly. Scienter – Knowingly. Scire facias – That you cause to know. Scribere est agere – To write is to act. Se defendendo – In self-defence. Secus – The legal position is different, …
Ratio Decidendi – The rule of law on which a judicial decision is based. The reason or rationale for the decision by Court. Re – In the matter of. Reprobata pecunia leberat solventem – Money refused releases the debtor. Res – Matter, affair, thing, circumstance. Res gestae – Facts surrounding or relevant to a case …
Quaeitur – The question is raised. Quantum – How much, an amount. Quantum Merit – As much as deserved. Qui facit per alium facit per se – He who acts through another acts by himself/Liability of an employer for the act of employee. A person who does a thing through the instrumentality of another, is …
Pacta sund servanada – Treaties are legally binding. 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. Par delictum – Equal fault. Pari Materia – Of the same matter; on the same subject Pari passu – On an equal …
Obiter Dicta – Things which are said in passing. Remarks of a judge which are not necessary to reaching a decision, but are made as comments, illustrations or thoughts. Omne sacramentum debet esse de certa scientia – Every oath ought to be of certain knowledge. Omnia delicta in aperto leviora sunt – All crimes (committed) …
Nam nemo haeres viventis – For no one is an heir of a living person. Naturae vis maxima est – The force of nature is the greatest. Necessitas non habet legem – Necessity has no law. Necessitas publica est major quam privata – Public necessity is greater than private necessity. Nemo admittendus est inhabilitare se …
Major continet in se minus – The greater contains the less. Mala fide – In bad faith. Mala grammatica non vitiat chartam – Bad grammar does not vitiate a deed. Mala in se – Bad in themselves. Mala prohibita – Crimes prohibited. Malitia supplet aesatem – Malice supplies age. Malo animo – With evil intent. …
Laissez-faire – Political theory where a government does nothing to control the market. The policy of leaving things to take their own course, without interfering. Leges posteriores priores contrarias abrogant – Subsequent laws repeal prior conflicting ones. Legibus sumptis desinentibus legibus naturae utendum est – When laws imposed by the State fail, we must use …
Jetsam – Cargo which is thrown off a sinking ship. Judex est lex loquens – A judge is the law speaking. Judex non potest esse testis in propira causa – A judge cannot be witness in his own cause. Judex non potest injuriam sibi datam punire – A judge cannon punish a wrong done to …
Id est (i.e) – That is. Id quod commune est, nostrum esse dicitur – That which is common is said to be ours. Idem – The same person or thing. Ignorantia legis neminem excusat- Ignorance of law is no excuse. Ignorantia Facti Excusat – Ignorantia Juris Non Excusat – Ignorance of facts may be excused …
Generale nihil certum implicat – A general expression implies nothing certain. Generalia praecedunt, specialia sequuntur – Things general precede, things special follow. Generalia specialibus non derogant – Things general do not derogate from things special. General statements or provisions do not derogate from special statements or provisions. Generalis regula generaliter est intelligenda – A general …
Faciendum – Something which is to be done. Fatum – Beyond human foresight. Factum – An act or deed. Factum probanda – Fact in issue, which is to be proved. Factum probans – Relevant fact. Facultas probationum non est angustanda – The right of offering proof is not to be narrowed. Falsa demonstratio non nocet …
Ei incumbit probatio qui – The onus of proving a fact rests upon the man. Ei incumbit probatio qui dicit, non qui negat – The burden of the proof lies upon him who affirms, not he who denies. Ejusdem generis – Of the same kind or nature. Where there are general words following particular and …
Damnum sine injuria – Damage without legal injury. 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. Dehors – other than, not including, or outside the scope of. …
Cadit quaestio – “the question falls” or “argument collapses.” The matter admits of no further argument. 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 …
Benignior sententia in verbis generalibus seu dubiis est preferenda – The more favorable construction is to be placed on general or doubtful words. Bis dat qui cito dat – He gives (pays) twice who pays promptly. Bona fide – Sincere, in good faith, Sincere good intention regardless of outcome. Benignae faciendae sunt interpretationes chartarum, ut …
