Legal Maxims And Legal Terms
L EGAL T ERM M EANING A D I DEM Identity of minds A LIBI Elsewhere A D V ALOREM According to the value C AVEAT E MPTOR Buyers’ Beware C ITATION Quotation of decided cases in legal arguments D AMNUM S INE I NJURIA Damage without legal injury E X G RATIA As a favour F AUX P AS Tactless mistake I N T ERROREM In order to cause terror Q UO W ARRANTO By what authority P RIMA F ACIE On the face of it I NJURIA S INE D AMNUM Legal injury without actual damage I GNORANTIA J URIS N ON E XCUSAT Ignorance of law is not an excuse L IS PENDENS A pending suit L OCUS S TANDI Right to be heard in court S UO M OTO On its own M ANDAMUS Higher court ordering an authority to a certain duty I PSO F ACTO By this very fact Q UASI Like/Similar R ES JUDICATA A case which has already been decided S UB JUDICE Under judicial consideration O BITER D ICTA Things which are said in passing part of a judgement Q UANTUM M ERUIT As much as deserved
R ES IPSA LOQUITOR The things speak for itself. Q UID P RO Q UO Action done in return for something done/promised R ATIO D ECIDENDI Reason for deciding the main part of judgement. S INE QUA NON “Without which nothing” S INE DIE Indefinitely S TARE DECISIS The principle that courts must abide by precedents set by judgement made in higher courts. U BERRIMAE FIDE Of utmost good faith. A MICUS C URIAE He is a member of the Bar or other stand by who informs the court when it is doubtful or mistaken of any fact or decided case. S TATUS QUO ANTE The previous position V OX P OPULI The voice of the people A BATE To reduce or to become null or void. A TTACH To take into custody of law. A SSAULT Striking another person. A FFIDAVIT A written statement which is signed and sworn before a solicitor or Notary public and which can then be used as evidence in court hearing. A DJUDICATE To give a judgement between two parties in law. A FFRAY Public fight which frightens other people. A LLEGIANCE Obedience to the state/crown. A MNESTY Pardon, often for political crimes. A NNUL To cancel A PPELLANT Person who appeals. B ONAFIDE In good faith.
B YE L AW Rules governing the internal running of a club/association. B URDEN OF PROOF To prove something which has been alleged in court, is true. C OERCION To force someone by pressure to do an act. C ONFISCATE To take away private property into the possession of the state. C ORROBORATE To prove evidence which has already been given T ESTATE Dying after making a will. U LTRA VIRES Outside the powers. V ETO Right of executive head to refuse to approve any legislation. V OID Nullity in the eyes of law. W AGER A bet. R EMISSION To reduce R EPUDIATE To refuse to accept. R EPEAL Doing away with law so that it is no longer valid. R EVOKE To cancel/withdraw S TAY Temporary stopping of an order made by court. T ACIT Agreed but not stated. B ONAFIDE In good faith. M ALAFIDE In bad faith. B YE L AW Rules governing the internal running of a club/association. B URDEN OF PROOF To prove something which has been alleged in court, is true. C OERCION To force someone by pressure to do an act.
C ORROBORATE To prove evidence which has already been given. M ALA IN SE Bad in themselves. M ANDAMUS We command. M ENS REA Guilty state of mind. N EMO DEBET ESSE JUDEX IN PROPRIA CAUSA No one can be judge in his own case. N EXUS Connection N ISI Unless N ON SEQUITUR An inconsistent statement P ARI PASSU On an equal footing. P ER CURIAM In the opinion of the court. P RO RATA In proportion. Q UANTUM An amount. R E In the matter of. R ES Matter, affair, thing, circumstance.Res judicata A thing adjudged is accepted for the truth.
A CCESSORIUS SEQUITUR An accessory to the crime cannot be guilty of a more serious crime than the principal offender.
C ONSENSUS AD IDEM Agreement as to the same things. C ONTEMPORANEA EXPOSITIO EST OPTIMA ET FORTISSIMA IN LEGE A contemporaneous(present) exposition is best and most powerful in law. C ONTRA To the contrary. C ORPUS DELICTI The body, i.e. the body of crime. D E JURE – B Y LAW , RIGHT D E MINIMIS LEX NON CURAT The law does not notice trifling matters.
A CTUS NON FACIT REUM NISI MENS SIT REA A person will not be guilty without criminal intent. A CTUS REUS A guilty deed or act. A D HOC For this purpose. A D INFINITUM Forever, without limit, to infinity. A EQUITAS LEGEM SEQUITUR Equity follows the law.. A NIMO TESTANDI With an intention of making a will. A NTE Before. A UDI ALTERAM PARTEM Hear the other side (A principal of natural justice) B ONA FIDE Sincere, in good faith
D E NOVO Starting afresh. D OLI INCAPAX Incapable of crime (minor) E JUSDEM GENERIS Of the same kind. E X GRATIA Out of kindness, voluntary. E X PARTE Proceeding brought by one person in the absence of another. E X POST FACTO By reason of a subsequent act. F ACTUM An act or deed. H ABEAS CORPUS Produce the body. I GNORANTIA FACTI EXCUSAT , IGNORANTIA JURIS NON EXCUSAT Ignorance of fact can be excused, but ignorance of law cannot be excused. I N DELICTO At fault. I N JURE NON REMOTA CAUSA SED PROXIMA SPECTATUR In law not the remote but the proximate cause is looked at. I N LIMINE At the outset, on the threshold. I N PERSONAM Against the person. I N REM Against the whole world I N SITU In its place. I NTER ALIA Amongst other things. I NTERIM Temporary, in the meanwhile. I PSO FACTO By that very fact. I NTER VIVOS Between living persons J UDEX NON POTEST ESSE TESTIS IN PROPIRA CAUSA A judge cannot be witness in his own cause. J US A right that is recognised in law. J US NATURALE Natural justice. L EGES POSTERIORES PRIORES CONTRARIAS ABROGANT Subsequent laws repeal prior conflicting one. A SSENTIO MENTIUM The meeting of minds, i.e. mutual assent. Q UI FACIT PER ALIUM , FACIT PER SE He who acts through another acts himself.
R ESPONDEAT SUPERIOR Let the principal answer. S IC UTERE TUO UT ALIENUM NON LAEDAS So use your own as not to injure another s property.. S UB SILENTIO In silence. U BI JUS IBI REMEDIUM EST Where there is a right there is a remedy. V OLENTI NON FIT INJURIA An injury is not done to a person consenting to it. P ENDENTE LITE NIHIL INNOVETUR During litigation nothing should be changed.