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Legal Maxims and Principles Explained

The document defines and provides examples for several Latin legal phrases: 1. Sine qua non means an essential condition that is absolutely necessary. 2. Juntos o separadamente refers to joint and several liability, making each person who signed a document individually liable for full payment. 3. Res judicata establishes that a prior judgment between parties operates as a bar to future litigation on the same claim or issues that could have been litigated.

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58 views1 page

Legal Maxims and Principles Explained

The document defines and provides examples for several Latin legal phrases: 1. Sine qua non means an essential condition that is absolutely necessary. 2. Juntos o separadamente refers to joint and several liability, making each person who signed a document individually liable for full payment. 3. Res judicata establishes that a prior judgment between parties operates as a bar to future litigation on the same claim or issues that could have been litigated.

Uploaded by

Ryan Barnett
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd

1. sine qua non(an essential condition; a thing that is absolutely necessary.

)
Example: In order that special aggravating circumstance of unlicensed firearm may be appreciated, it is a
condition sine qua non that the offense charged be robbery committed by a band.
2. Juntos o separadamente(jointly and severally)
Example: the phrase juntos o separadamentem used in a promissory note, is an express statement,
making each of the persons who signed it individually liable for the payment of the full amount of the
obligation contained therein.
3. Res judicata
Principle: a rule that as between the parties to the first judgment and their privies it operates as a bar to
a second action upon the same claim, not only as to issues actually in litigataion but also as to all
matters which might have been litigated therein, whereas in an action between them upon a different
cause it is a bar only as to matters actually litigated.
4. Ex dolo malo non oritur action(from fraud, no action can arise)
Has always been the rule in this jurisdiction subject to two exceptions that a party who is not in pari
delicto with the other may sue to annul the illegal agreement and that a suit is maintainable on the
contract when the plaintiffs cause of action is not based on its legality.
5. In pari delicto potior est condition defendentis
A maxim expressing rule of pari delicto: the law will not aid either party to an illegal agreement. It leaves
the party where it finds them.
Example: Where the parties are equally guilty, the defendants position is preferred.

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