LatinLEGAL

MAXIMS
a compilation
for

Statutory Construction
by

LAUSAN, PENNELOPE A.
CHIWERAN, ALPINE SUNSHINE S.
TIAGO, LORETA P.
PASSOL, ALYSSA L.
VILLAMOR, ELIJA FAYE D.
 A
1. A fortiori – “With even stronger reason”, which applies to a situation in which if one thing
is true then it can be deduced that a second thing is even more certainly true

2. A mensa et thoro – From bed and board

3. A posteriori – Relating to or originating by reasoning from the observation of facts

4. A priori – From what was before

5. A vinculo matrimonii – From the bond of matrimony

6. Ab extra – From outside

7. Ab incunablis – From infancy

8. Ab initio – From the beginning

9. Ab intra – From within

10. Abberatio Ictus – Mistake in the blow

11. Absoluta sententia expositore non indigent – An absolute judgment needs no expositor.
When language of the law is clear, no explanation of it is required

12. Abundans cautela non nocet – Abundant caution does no harm

13. Accessorium non ducit sed sequitur suum principale – An accessory does not draw, but
follows its principal

14. Accessorius sequitur – One who is an accessory to the crime cannot be guilty of a more
serious crime than the principal offender

15. Acta exteriora iudicant interiora secreta – Outward acts indicate the inward intent

16. Actio non accrevit infra sex annos – The action has not accrued within six years

17. Actio non datur non damnificato – An action is not given to one who is not injured

18. Actio non datur non damnificato – An action is not given to one who is not injuredActio
personalis moritur cum persona – A personal action dies with the person

19. Actio personalis moritur cum persona – A personal right of action dies with the person.
In other sense, if he dies the right to sue is gone.

20. Actionable per se – The very act is punishable and no proof of damage is required.

21. Actiones legis – Law suits

22. Actori incumbit onus probandi – The burden of proof lies on the plaintiff

23. Actus me invito factus non est meus actus – An act done by me against my will is not my
act

Page 1
24. Actus mi invictu reus, nisi mens facit reum – an act done by me against my will is not my
act

25. Actus nemini facit injuriam – The act of the law does no one wrong

26. Actus non facit reum nisi mens sit rea – The act does not make one guilty unless there be
a criminal intent

27. Actus reus – A guilty deed or act

28. Actus Reus Non Facit Reum Nisi Mens Sit Rea – Conviction of a crime requires proof of
a criminal act and intent. or an act does not make a defendant guilty without a
guilty mind. or an act does not constitute guilt unless done with a guilty intention.

29. Ad absurdum – To the point of preposterousness

30. Ad ea quae frequentius acciduunt jura adaptantur – The laws are adapted to those cases
which occur more frequently

31. Ad eundem – To the same level

32. Ad eundem gradum – To the same degree

33. Ad hoc – For this purpose

34. Ad hominem – Represents an argument made personally against an opponent, rather than a
logical argument against an issue

35. Ad idem – Of the same mind

36. Ad infinitum – Forever, without limit, to infinity

37. Ad locum – At the place

38. Ad nauseam – To a repulsive extent

39. Ad perpetuam rei memoriam – For a perpetual memorial of the matter

40. Ad proximum antecedens fiat relatio nisi impediatur sententia (doctrine of last
antecedent) – relative words refer to the nearest antecedents, unless the context
otherwise requires

41. Ad quaestionem facti non respondent judices – The judges do not answer to a question of
fact

42. Ad quaestionem legis non respondent juratores – The jury do not answer to a question of
Law

43. Ad referendum – Subject to reference

44. Ad valorem – By the value eg ad valorem tax

45. Addenda – Things to be attached

46. Addendum – A thing to be attached

Page 2
47. Aedificare in tuo proprio solo non licet quod alteri noceat – It is not lawful to build on
one's own land what may be injurious to another

48. Aequitas legem sequitur – Equity follows the law

49. Aequitas nunquam contravenit legem – Equity never contradicts the law

50. Affidavit – A sworn written statement usable as evidence in court

51. Agenda – Things to be done

52. Alibi – At another place, elsewhere

53. Alienatio rei praefertur juri accrescendi – Alienation is preferred by law rather than
accumulation

54. Alimony – a husband’s (or wife’s) provision for a spouse after separation or divorce;
maintenance

55. Aliunde – From elsewhere, or, from a different source

56. Allegans contraria non est audiendus – One making contradictory statements is not to be
heard

57. Allegans suam turpitudinem non est audiendus – One alleging his own infamy is not to
be heard

58. Allegatio contra factum non est admittenda – An allegation contrary to a deed is not to
be heard

59. Alter ego – A second identity living within a person

60. Ambiguitas contra stipulatorem est – An ambiguity is most strongly construed against the
party using it

61. Ambiguitas verborum patens nulla verificatione excluditur – A patent ambiguity is

never helped by averment

62. Amicus Curiae – A friend of court or member of the Bar who is appointed to assist the
Court.

63. Amicus omnibus, amicus nemini – A friend to everyone is a friend to none

64. Angliae jura in omni casu libertati dant favorem – The laws of England are favorable in
every case to liberty

65. Animi sermo est – Speech is the index of intention

66. Animo furandi – With an intention of stealing

67. Animo testandi – With an intention of making a will

68. Annus horribilis – A horrible year

69. Annus luctus – The year of mourning

70. Annus mirabilis – A fantastic year

Page 3
71. Ante – Before

72. Ante Litem Motam – Before suit brought; before controversy instituted OR spoken before
a lawsuit is brought.

73. Ante meridiem – Before noon

74. Aqua currit et debet currere, ut currere solebat – Water runs and ought to run

75. Arbitrium est judicium – An award is a judgment

76. Arbor dum crescit; lignum cum crescere nescit – A tree while it grows, wood when it
cannot grow

77. Argumentum a contrario (Negative-Opposite Doctrine) – what is expressed puts an end to

that which is implied

78. Argumentum ab auctoritate fortissimum est in lege – An argument drawn from authority
is the strongest in law

79. Argumentum ab impossibilii plurimum valet in lege – An argument from impossibility is

very strong in law

80. Argumentum ad hominem – An argument directed to a person

81. Argumentum ad ignoratiam – An argument based upon ignorance (ie of one's adversary)

82. Arma in armatos sumere jura sinunt – The laws permit the taking up of arms against the
armed

83. Assentio mentium – The meeting of minds, i.e mutual assent

84. Assignatus utitur jure auctoris – An assignee is clothed with rights of his assignor

85. Audi alteram partem – No man shall be condemned unheard.

86. Aula regis – The King's Court

B
87. Benignior sententia in verbis generalibus seu dubiis est preferenda – The more
favorable construction is to be placed on general or doubtful words

88. Bis dat qui cito dat – He gives (pays) twice who pays promptly

89. Bona fide – Sincere/ in good faith/ honest purpose

90. Bona vacantia – Goods without an owner

91. Boni judici est ampliare jurisdictionem – It is the part of a good judge to enlarge his
jurisdiction, i.e. remedial authority

92. Boni judicis est judicium sine dilatione mandare executioni – It is the duty of a good
judge to cause execution to issue on a judgment without delay

Page 4
93. Boni judicis lites dirimere est – It is the duty of a good judge to prevent litigation

94. Bonus judex secundum aequum et bonum judicat et aequitatem stricto juri praefert –
A good judge decides according to justice and right and prefers equity to strict law

95. Breve judiciale non cadit pro defectu formae – A judicial writing does not fail through
defect of form

C
96. Cadit quaestio – The matter admits of no further argument

97. Cassetur billa (breve) – Let the writ be quashed

98. Casus fortuitus non est spectandus; et nemo tenetur divinare – A fortuitous event is not
to be foreseen and no person is bound to divine it

99. Casus omissus pro omisso habendus est – a person, object or thing omitted from an
enumeration must be held to have been omitted intentionally

[Link] reputantur inter minima in lege – Chattels are considered in law among the
minor things

[Link] proxima, non remota spectatur – The immediate and not the remote cause is to be
considered

[Link] – 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.

[Link] actor – Let the doer beware.

[Link] emptor – Let the buyer/purchaser beware

[Link] venditor – Let the seller beware

[Link] corpus et est languidum – I have taken the body and the prisoner is sick

[Link] corpus et paratum habeo – I have taken the body and have it ready

[Link] – A writ by which orders passed by an inferior court is quashed.

[Link] ratione legis, cessat ipsa lex – When the reason of the law ceases, the law itself
ceases

[Link] paribus – Other things being equal

[Link] – Around

[Link], ergo sum – I think, therefore I am

[Link] mentis – Stable, lucid, sane

[Link] – Unanimously or, by general consent

Page 5
[Link] ad idem – Agreement as to the same things

[Link] loci observanda est – The custom of the place is to be observed

[Link] expositio est optima et fortissimo in lege – A contemporary construction

is the strongest law

[Link] – To the contrary

[Link] bonos mores – Against good morals

[Link] non valentem agere nulla currit praescriptio – No prescription runs against a
person not able to act

[Link] est quasi actus contra actum – A contract is an act as it were against an act

[Link] et modus vincunt legem – A contract and agreement overcome the law

[Link] privatorum non potest publico juri derogare – An agreement of private

persons cannot derogate from public right

[Link] Domino Rege – In the presence of our Lord the King

[Link] non judice – Before one who is not a judge

[Link] – Body

[Link] delicti – The body or the gist of crime. The facts and circumstances constituting a
crime and Concrete evidence of a crime, such as a corpse (dead body)

[Link] humanum non recipit aestimationem – A human body is not susceptible of

appraisement

[Link] – A list of things to be rectified

[Link] malitia crescere debet et poena – Vice increasing, punishment ought also to
increase

[Link] omnia ex se nata vitiat – Crime vitiates everything, which springs from it

[Link] trahit personam – The crime carries the person

[Link] est dare, ejus est disponere – He who has a right to give has the right to dispose of
the gift

[Link] est solum, ejus est usque ad coelam; et ad inferos – He who owns the soil owns it
up to the sky; and to its depth

[Link] duo inter se pugnantia reperiuntur in testamentis ultimum ratum est – When two
things repugnant to each other are found in a will, the last is to be confirmed

[Link] curiae est lex curiae – The practice of the court is the law of the court

[Link] morum – A guardian of morals

D

Page 6
[Link] sine injuria – Damage without legal injury

[Link] bonis asportatis – Of goods carried away

[Link] bonis non administratis – Of goods not administered

[Link] die in diem – From day to day

[Link] facto – Existing in fact, however not officially accepted

[Link] futuro – In the future

[Link] integro – As regards the whole

[Link] jure – In accordance with the law

[Link] minimis – About minimal things.

[Link] minimis lex non curat – The law does not notice trifling matters

[Link] Minimis Non Curat Lex – The law does not govern trifles (unimportant things) or law
ignores insignificant details. A common law principle whereby judges will not sit
in judgment of extremely minor transgressions (offence, wrongdoings) of the law.

[Link] novo – To make something anew

[Link] fundamentum fallit opus – Where there is a weak foundation, the work fails

[Link] sequuntur personam debitoria – Debts follow the person of the debtor

[Link] non praesumitur donare – A debtor is not presumed to make a gift

[Link] et contractus sunt nullius loci – Debt and contract are of no particular place

[Link] in praesenti, solvendum in futuro – A present debt is to be discharged in the

future

[Link] potestas non potest delegari – A delegated authority cannot be again delegated

[Link] potestas non potest esse major primitiva – The power which is derived cannot
be greater than that from which it is derived

[Link] – Tort of wrongfully holding goods which belong to someone else

[Link] solus haeredem facere potest, non homo – God alone, not man, can make an heir

[Link] – Statement of law made by judge in the course of the decision but not necessary to
the decision itself

[Link] Dominicus non est juridicus – Sunday is not a day in law

[Link] est discernere per legem quid sit justum – Discretion is to discern through law
what is just

[Link] tempora et concordabis jura – distinguish times and you will harmonize laws

Page 7
[Link] tempora et concordabis jura – Distinguish times and you will harmonize the
law

[Link] incapax – Incapable of crime

[Link] – Ownership

[Link] sua cuique est tutissimum refugium – Every man s house is his safest refuge

[Link] clandestina sunt semper suspiciosa – Clandestine gifts are always suspicious

[Link] mortis causa – Gift because of death or a future gift given in expectation of the
donor’s imminent death and only delivered upon the donor’s death

[Link] leges aliquando, nunquam moriuntur – The laws sometimes sleep, but never
die

[Link] lex favet; praemium pudoris est; ideo parcatur – The law favors dower; it is the
reward of chastity, therefore let it be preserved

[Link] – Doubting the correctness of the decision

[Link] non possunt in solido unam rem possidere – Two cannot possess one thing each in
entirety

[Link] lex sed lex – The law may be harsh, but that is the law

E
[Link] incumbit probatio qui – The onus of proving a fact rests upon the man

[Link] incumbit probatio qui dicit, non qui negat – The burden of the proof lies upon him
who affirms, not he who denies

[Link] generis – same kind/ same species to give effect to both the particular and general
words, by treating the particular words as indicating the class and the general words
as indicating all that is embraced in said class, although not specifically named by
the particular words

[Link] generis – Of the same kind or specie

[Link] in personae – mistake in identity

[Link], qui non resistitur approbatur – An error not resisted is approved

[Link] – Prevented from denying

[Link] cetera – Other things of that type

[Link] cathedra – With official authority

[Link] concessis – In view of what has already been accepted

[Link] dolo malo actio non oritur – A right of action cannot arise out of fraud

Page 8
[Link] dolo malo non oritur actio – No man can be allowed to found a claim upon his own
wrongdoing

[Link] facie – On the fact of it

[Link] gratia – Out of kindness, voluntary or as a favour.

[Link] necessitate legis – By necessary implication of law

[Link] nihilo nil fit – From nothing nothing comes

[Link] nudo pacto actio non oritur – No action arises on a contract without a consideration

[Link] officio – Because of an office held.

[Link] parte – Proceeding brought by one person in the absence of another

[Link] post facto – By reason of a subsequent act or after the fact. It is a law that retroactively
changes the legal consequences (or status) of actions that were committed, or
relationships that existed, before the enactment of the law.

[Link] praecedentibus et consequentibus optima fit interpretatio – The best interpretation is

made from things preceding and following

[Link] turpi causa non oritur actio – No action arises on an immoral contract

[Link] firmat regulam in casibus non exceptis – A thing not being excepted must be
regarded as coming within the purview of the general rule

[Link] probat regulam – An exception proves the rule

[Link] est executio juris secundum judicium – Execution is the fulfillment of the law
in accordance with the judgment

[Link] est finis et fructus legis – An execution is the end and the fruit of the law

[Link] legis non habet injuriam – Execution of the law does no injury

[Link] firmat regulam in casibus non exceptis – a thing not being excepted must be
regarded as coming within the purview of the general rule

[Link] firmat regulam in casibus non exceptis – a thing not excepted must be regarded
as coming within the purview of the general rule

[Link] unius est exclusio alterius – the express mention of one person, thing or
consequence implies the exclusion of all others

[Link] unius est exclusion alterius – The express mention of one person, thing or
consequence implies the exclusion of all others

[Link] facit cessare tacitum – What is expressed puts an end to that which is implied;
where a statute, by its terms, is expressly limited to certain matters, it may not,
by interpretation or construction, be extended to other matters

[Link] legem positus est civiliter mortuus – One out of the pale of the law (ie an outlaw) is
civilly dead

Page 9
 F
[Link] – Something which is to be done

[Link] – An act or deed

[Link] probans – Relevant fact.

[Link] probationum non est angustanda – The right of offering proof is not to be
narrowed

[Link] demonstratio non nocet – A false description does not vitiate

[Link] demonstratio non nocet, cum de corpore constat – False description does not
preclude construction nor vitiate the meaning of the stature

[Link] facinus qui judicium fugit – He who flees judgment confesses his guilt

[Link] – Beyond human foresight.

[Link] sunt amplianda, adiosa retingenda – translation

[Link] ampliandi sunt; odia restringenda – Penal laws which are favorable to the
accused are given retroactive effect

[Link] qui potuit rerum cognoscere causas – Happy is he who has been able to understand
the causes of things

[Link] implicatur in qualibet proditione – Felony is implied in every treason

[Link] justitiae est noverca infortunii – The hurrying of justice is the stepmother of
misfortune

[Link] cedit veritati; fictio juris non est, ubi veritas – Fiction yields to truth Where truth
is, fiction of law does not exist

[Link] servanda est – Good faith is to be preserved

[Link] facias (abreviated fi fa) – That you cause to be made

[Link] non potest probari – Filiation cannot be proved

[Link] et potentior est operatio legis quam dispositio hominis – The operation of law is
firmer and more powerful than the will of man

[Link] legalis forma essentialis est – Legal form is essential form

[Link] est custodia legis quam hominis – The custody of the law is stronger than that of
man

[Link] diei non recipit lex – The law does not regard a fraction of a day

[Link] est celare fraudem – It is a fraud to conceal a fraud

[Link] est odiosa et non praesumenda – Fraud is odious and is not to be presumed

Page 10
[Link] et jus nunquam cohabitant – Fraud and justice never dwell together

[Link] naturales – Vegetation which grows naturally without cultivation

[Link] probatur quod probatum non relevat – That is proved in vain which when
proved is not relevant

[Link] officio – No longer having power or jurisdiction.

[Link] nulla voluntas est – Mentally impaired or mentally incapable persons cannot
validly sign a will, contract or form the frame of mind necessary to commit a crime.
or a person with mental illness has no free will.

[Link] contrahi matrimonium non sinit, quia consensus opus est – Insanity prevents
marriage from being contracted because consent is needed

G
[Link] dictum generaliter est interpretandum – A general statement is understood in a
general sense

[Link] nihil certum implicat – A general expression implies nothing certain

[Link] praecedunt, specialia sequuntur – Things general precede, things special

follow

[Link] specialibus non derogant – A general law does not nullify a specific or special
law Where the later act is a special law, the general law is partially repealed If the
general law is enacted later, legislative intent must be first determined

[Link] specialibus non derogant – Things general do not derogate from things special

[Link] verba sunt generaliter intelligenda – What is generally spoken shall be

generally understood

[Link] regula generaliter est intelligenda – A general rule is to be generally

understood

[Link] est divinam quam temporalem laedere majestatem – It is more serious to hurt
divine than temporal majesty

H
[Link] corpus – A writ to have the body of a person to be brought in before the judge.

[Link] optimum testem confitentem reum – We have the best witness, a confessing
defendant

[Link] est nomen collectum – Heir is a collective name

[Link] est nomen juris, filius est nomen naturae – Heir is a term of law, son, one of
nature

Page 11
[Link] legitimus est quem nuptiae demonstrant – He is the lawful heir whom the
marriage indicates

[Link] quidem perquam durum est sed ita lex scripta est – The law may be exceedingly
hard, but so the law is written

[Link] vocabulum est naturae; persona juris civilis – Man is a term of nature, person of
the civil law

I
[Link] est (ie) – That is

[Link] quod commune est, nostrum esse dicitur – That which is common is said to be ours

[Link] – The same person or thing

[Link] nihil dicere et insufficienter dicere est – It is the same to say nothing as not to say
enough

[Link] facti excusat, ignorantia juris non excusat – Ignorance of fact excuses,
ignorance of law does not excuse

[Link] juris non excusat – Ignorance of the law excuses not or Ignorance of the law
excuses no one. In other words, a person who is unaware of a law may not escape
liability for violating that law merely because one was unaware of its content.

[Link] legis neminem excusat / Ignorantia juris non excusat – Ignorance of the law
excuses no one

[Link] in imperio – A sovereignty within a sovereignty

[Link] nulla obligatio est – There is no obligation to do impossible things

[Link] excusat legem – Impossibility is an excuse in the law

[Link] semper ad deteriora invitat – Impunity always leads to greater crimes

[Link] aequali jure melior est conditio possidentis – When the parties have equal rights, the
condition of the possessor is better

[Link] alta proditione nullus potest esse acessorius; sed principalis solum modo – In high
treason no one can be an accessory; but a principal only

[Link] Anglia non est interregnum – In England there is no interregnum

[Link] camera – In private

[Link] casu extremae necessitatis omnia sunt communia – In a case of extreme necessity
everything is common

[Link] criminalibus probationes debent esse luce clariores – In criminal cases the proofs
ought to be cleared than the light

Page 12
[Link] curia domini regis, ipse in propria persona jura discernit – In the King s Court, the
King himself in his own person dispenses justice

[Link] delicto – At fault

[Link] eo quod plus sit semper inest et minus – The grant of a greater power necessarily
includes the lesser power

[Link] esse – In existence

[Link] extenso – At full length

[Link] fictione legis aequitas existit – A legal fiction is consistent with equity

[Link] foro conscientiae – In the forum of conscience

[Link] futoro – In the future

[Link] jure non remota causa sed proxima spectatur – In law not the remote but the
proximate cause is looked at

[Link] lieu of – Instead of

[Link] limine – At the outset, on the threshold

[Link] loco parentis – In place of the parent

[Link] mortua manu – In a dead hand

[Link] novo casu novum remedium apponendum est – In a new case a new remedy is to be
applied

[Link] omni re nascitur res quae ipsam rem exterminat – In everything is born that which
destroys the thing itself

[Link] omnibus – In every respect

[Link] pari delicto potior est conditio possidentis – When the parties are equally in the wrong
the condition of the possessor is better

[Link] pari materia – when two or more statutes refer to the same or particular subject It may
either be expressed or implied

[Link] personam – A proceeding in which relief is sought against a specific person

[Link] pleno – In full

[Link] promptu – In readiness

[Link] quo quis delinquit in eo de jure est puniendus – In whatever thing one offends in that
he is to be punished according to law

[Link] re dubia magis inficiatio quam affirmatio intelligenda – In a doubtful matter the
negative is to be understood rather than the affirmative

[Link] republica maxime conservanda sunt jura belli – In a State the laws of war are to be
especially observed

Page 13
[Link] situ – In its place

[Link] status quo – In the present state.

[Link] terrorem – As a warning or deterrent

[Link] testamentis plenius testatoris intentionem scrutamur – In wills we seek diligently the
intention of the testator

[Link] traditionibus scriptorum non quod dictum est, sed quod gestum est, inspicitur – In
the delivery of writings (deeds), not what is said but what is done is to be
considered

[Link] verbis, non verba sed res et ratio quaerenda est – In words, not words, but the thing
and the meaning are to be inquired into

[Link] animi sermo est – Speech is the index of intention

[Link] – Marks, signs

[Link] non excusat injuriam – A wrong does not excuse a wrong

[Link] sine damno – Injury without damage

.
[Link] – Spoken words which are defamatory because they have a double meaning.

[Link] inservire debet legibus, non leges intentioni – Intention ought to be subservient
to the laws, not the laws to the intention

[Link] alia – Amongst other things

[Link] vivos – (especially of a gift as opposed to a legacy) between living people

[Link] reipublicae res judicatas non rescindi – It is in the interest of the State that things
adjudged be not rescinded

[Link] reipublicae suprema hominum testamenta rata haberi – It is in the interest of

the State that men s last wills be sustained

[Link] reipublicae ut quilibet re sua bene utatur – It is in the interest of the State that
every one use properly his own property

[Link] reipublicae ut sit finis litium – Public interest requires that by the very nature of
things there must be an end to a legal controversy or end to litigation

[Link] reipublicase ut sit finis litium – It is in the interest of the State that there be an
end to litigation

[Link] – Temporary, in the meanwhile

[Link] et concordare leges legibus est optimus interpretandi modus – To interpret

and harmonize laws is the best method of interpretation

[Link] fienda est ut res magis valeat quam pereat – a law should be interpreted
with a view to upholding rather than destroying it; one portion of a statute should
not be construed to destroy another provision

Page 14
[Link] talis in ambiguis semper fienda est ut evitetur inconveniens et absurdum
– Where there is ambiguity, such interpretation as will avoid inconvenience and
absurdity is to be adopted

[Link] multiplex non tollit praescriptionem semel obtentam – Repeated

interruption does not defeat a prescription once obtained

[Link] beneficium non datur – A benefit is not conferred upon one against his consent

[Link] verba – The very words of a speaker

[Link] facto – By that very fact

[Link] furor brevis est – Anger is brief insanity

[Link] arma leges silent – In war the laws are silent

J
[Link] est lex loquens – A judge is the law speaking

[Link] non potest esse testis in propira causa – A judge cannot be witness in his own
cause

[Link] non potest injuriam sibi datam punire – A judge cannon punish a wrong done to
himself

[Link] non reddit plus quam quod petens ipse requirit – A judge does not give more than
the plaintiff himself demands

[Link] posterioribus fides est adhibenda – Faith must be given to later decisions

[Link] est judicare secundum allegata et probata – It is the duty of a judge to decide
according to the allegations and the proofs

[Link] non debet esse illusorium, suum effectum habere debet – A judgment ought
not to be illusory; it ought to have its proper effect

[Link] non tenentur exprimere causam sententiae suae – Judges are not bound to
explain the reason of their judgment

[Link] naturae sunt immutabilia – The laws of nature are immutable

[Link] publica anteferenda privatis juribus – Public rights are to be preferred to private
rights

[Link] est indivisibile et non est admittendum in parte verum et in parte falsum
– An oath is indivisible and it is not to be held partly true and partly false

[Link] est Deum in testem vocare, et est actus divini cultus – To swear is to call God to
witness and is an act of divine worship

[Link] – A right that is recognised in law

Page 15
[Link] accrescendi praefertur oneribus – The right of survivorship is preferred to
incumbrances

[Link] ad rem; jus in re – A right to a thing; a right in a thing

[Link] cogens (or ius cogens) – Compelling law. It is the undamental principles of
International Law

[Link] dicere, non jus dare – To declare the law, not to make the law

[Link] est norma recti; et quicquid est contra normam recti est injuria – The law is a rule
of right; and whatever is contrary to a rule of right is an injury

[Link] in personam – Right against a specific person

[Link] in rem – Right against the world at large

[Link] naturale – Natural law. Or in other words, a system of law based on fundamental ideas
of right and wrong that is Natural Law

[Link] naturale est quod apud omnes homines eandem habet potentiam – Natural right is
that which has the same force among all men

[Link] non scriptum – Customary law

[Link] scriptum – Written law

[Link] scriptum aut non scriptum – The written law or the unwritten law

[Link] inter alios factum nec nocere nec prodesse debet – An oath made between
third parties ought neither to hurt nor profit

[Link] est duplec; severe puniens et vere praeveniens – Justice is two –fold; severely
punishing and in reality prohibiting (offences)

[Link] firmatur solium – The throne is established by justice

[Link] nemini neganda est – Justice is to be denied to nobody

L
[Link] posteriores priores contrarias abrogant – Subsequent laws repeal prior conflicting
ones

[Link] sumptis desinentibus legibus naturae utendum est – When laws imposed by the
State fail, we must use the laws of nature

[Link] interpretatio legis vim obtinet – The interpretation placed upon the written law by a
competent court has the force of law

[Link] aliquando sequitur aequitatem – The law sometimes follows equity

[Link] citius tolerare vult privatum damnum quam publicum malum – The law would
rather tolerate a private injury than a public evil

Page 16
[Link] dabit remedium – The law will give a remedy

[Link] de futuro, judex de praeterito – The law provides for the future, the judge for the past

[Link] dilationes abhorret – The law abhors delays

[Link] est judicum tutissimus ductor – The law is the safest guide for judges

[Link] est sanctio sancta jubens honesta et prohibens contraria – The law is a sacred
sanction, commanding what is right and prohibiting the contrary

[Link] indendit vicinum vicini facta scire – The law presumes that one neighbor knows the
acts of another

[Link] necessitatis est lex temporis ie instantis – The law of necessity is the law of time, that
is time present

[Link] neminem cogit ad vana seu impossiblia – The law compels no one to do vain or
impossible things

[Link] nil frustra facit – The law does nothing in vain

[Link] non a rege est violanda – The law must not be violated even by the King

[Link] non deficere potest in justitia exhibenda – The law cannot fail in dispensing justice

[Link] non favet delicatorum votis – The law does not favor the wishes of the dainty

[Link] non novit patrem, nec matrem; solam veritatem – The law does not know neither
father nor mother, only the truth

[Link] non oritur ex injuria – The law does not arise from a mere injury

[Link] non requirit verificari quod apparet curiae – The law does not require that to be
proved which is apparent to the Court

[Link] plus laudatur quando ratione probatur – The law is the more praised when it is
supported by reason

[Link] prospicit, non respicit – The law looks forward, not backward

[Link] punit mendaciam – The law punishes falsehood

[Link] rejicit superflua, pugnatia, incongrua – The law rejects superfluous, contradictory
and incongruous things

[Link] spectat naturae ordinem – The law regards the order of nature

[Link] succurrit ignoranti – The law succors the ignorant

[Link] tutissima cassis, sub clypeo legis nemo decipitur – Law is the safest helmet; under
the shield of the law no one is deceived

[Link] uno ore omnes alloquitur – The law speaks to all through one mouth

[Link] standi – Right of a party to an action to appear and be heard by the court and be
heard by the court

Page 17
[Link] possessio est pacis jus – Long possession is the law of peace

[Link] possessio parit jus possidendi et tollit actionem vero domino – Long possession
produces the right of possession and takes away from the true owner his action

M
[Link] rerum usus; magistra rerum experientia – Use is the master of things;
experience is the mistress of things

[Link] continet in se minus – The greater contains the less

[Link] est delictum se ipsum occidere quam alium – It is a greater crime to kill one s self
than another

[Link] fide – In bad faith

[Link] grammatica non vitiat chartam – Bad grammar does not vitiate a deed

[Link] in se – Bad in themselves

[Link] prohibita – Crimes prohibited

[Link] est exposito quae corrumpit textum – It is dangerous construction which is

against the text

[Link] supplet aesatem – Malice supplies age

[Link] animo – With evil intent

[Link] in se – (Mala in se) Wrong or evil in itself. Or Mala in se is ‘A term that signifies
crime that is considered wrong in and of itself.’ For Example, Most human beings
believe that murder, rape, and theft are wrong, regardless of whether a law governs
such conduct or where the conduct occurs and is thus recognizably malum in se

[Link] prohibitum – In a way opposite of Malum in se. It means ‘Crimes are criminal not
because they are inherently bad, but because the act is prohibited by the law of the state.’

[Link] – ‘We command’. A writ of command issued by a Higher Court to

Government/Public Authority, to compel the performance of a public duty

[Link] magister erroris populus est – The people are the greatest master of error

[Link] est conditio possidentis, ubi neuter jus habet – Better is the condition of the
possessor where neither of the two has the right

[Link] testatoris in testamentis spectanda est – In wills the intention of a testator is to be

regarded

[Link] conditionem suam facere potest minor deteriorem nequaquam – A minor can
make his position better, never worse

[Link] rea – Guilty state of mind

Page 18
[Link] est contra mentem ire – To lie is to act against the mind

[Link] beneficium legis amittit, qui legem ipsam subvertere intendit – He justly loses
the benefit of the law who seeks to infringe the law

[Link] innocentibus qui parcit nocentibus – He threatens the innocent who spares the
guilty

[Link] est servitus, ubi jus est vagum aut incertum – It is a miserable slavery where the
law is vague or uncertain

[Link] – A wrong or inaccurate name or term.

[Link] operandi – Way of working.

[Link] Vivendi – Way of living

[Link] dicitur ultimum supplicium – Death is called the extreme penalty

[Link] exercitatione facilius quam regulis percipies – You will perceive many things
more easily by experience than by rules

[Link] Mutandis – with the necessary changes having been made OR with the respective
differences having been considered

N
[Link] nemo haeres viventis – For no one is an heir of a living person

[Link] vis maxima est – The force of nature is the greatest

[Link] inducit privilegium quoad jura privata – With respect to private rights
necessity induces privilege

[Link] non habet legem – Necessity has no law

[Link] publica est major quam privata – Public necessity is greater than private
necessity

[Link] semper habet infortuniam comitem – Negligence always has misfortune for a
companion

[Link] admittendus est inhabilitare se ipsum – No one is allowed to incapacitate himself

[Link] bis punitur pro eodem delicto – Nobody can be twice punished for the same
offence

[Link] cogitur suam rem vendere, etiam justo pretio – No one is bound to sell his own
property, even for a just price

[Link] contra factum suum venire potest – No man can contradict his own deed

[Link] debet bis vexari pro una et eadem causa – It means no man shall be punished twice
for the same offence

Page 19
[Link] debet esse judex in propria causa – No one can be judge in his own case

[Link] debet esse judex in propria causa or Nemo judex in causa sua or Nemo judex in
sua causa – Nobody can be judge in his own case

[Link] moriturus praesumitur mentire – A man will not meet his maker (God) with a lie
in his mouth or in other words ‘No man at the point of death is presumed to lie.’
(This maxim is related to DYING DECLARATION)

[Link] plus juris transferre ad alium potest quam ipse habet – No one can transfer to
another a larger right than he himself has

[Link] potest contra recordum verificare per patriam – No one can verify by the country,
that is, through a jury, against the record

[Link] Potest esse tenens et dominus – Nobody can be both a landlord and a tenant of the
same property

[Link] potest facere per alium, quod per se non potest – No one can do through another
what he cannot do himself

[Link] potest mutare consilium suum in alterius injuriam – No one can change his
purpose to the injury of another

[Link] praesumitur esse immemor suae aeternae salutis et maxime in articulo mortis –
No one is presumed to be forgetful of his eternal welfare, and particularly in the
hour of death

[Link] prohibetur pluribus defensionibus uti – No one is forbidden to make use of several
defences

[Link] punitur pro alieno delicto – No one is punished for the crime of another

[Link] se accusare debet, nisi coram Deo – No one should accuse himself except in the
presence of God

[Link] tenetur accusare se ipsum nisi coram Deo – No one is bound to accuse himself
except in the presence of God

[Link] tenetur armare adversarium contra se – No one is bound to arm his adversary
against himself

[Link] – Connection

[Link] quod est inconveniens est licitum – Nothing inconvenient is lawful

[Link] facit error nominis cum de corpore constat – An error of name makes not difference
when it appears from the body of the instrument

[Link] – Unless

[Link] prosequi – A formal notice of abandonment by a plaintiff or prosecutor of all or part

of a suit.

[Link] compus mentis – Not of sound mind and understanding

[Link] constat – It is not certain

Page 20
[Link] decipitur qui scit se decipi – He is not deceived who knows that he is deceived

[Link] definitur in jure quid sit conatus – What an attempt is, is not defined in law

[Link] est arctius vinculum inter homines quam jusjurandum – There is no stronger link
among men than an oath

[Link] est factum – It is not his deed

[Link] est informatus – He is not informed

[Link] facias malum ut inde veniat bonum – You shall not do evil that good may come of it

[Link] jus, sed seisina, facit stipitem – Not right, but seisin makes a stock (from which the
inheritance must descend)

[Link] refert quid notum sit judici si notum non sit in forma judicii – It matters not what
is known to the judge if it is not known judicially

[Link] Sequitur – A statement (such as a response) that is inconsistent or does not follow
logically from or is not clearly related to anything previously said.

[Link] a sociis – Word construed with reference to accompanying or associated words or

where a particular word or phrase is ambiguous in itself or is equally susceptible of
various meanings, its correct construction may be made clear and specific by
considering the company of words in which it is found or with which it is
associated

[Link] constitutio futuris formam imponere debet non praeteritis – A new statute should
affect the future, not the past

[Link] crimen sine poena, nulla poena sine lege –There is no crime without a penalty,
and there is no penalty without a law

[Link] crimen, nulla poena sine lege – There is no crime when there is no law punishing
the same

[Link] tempus occurit regi – There can be no legal right as against the authority that
makes the law on which the right depends

[Link] tempus occurrit regi – No time runs against the king

[Link] commodum capere potest ex sua injuria propria – No one can derive an
advantage from his own wrong

[Link] commodum potest de injuria propriasua – No man should be allowed to take

advantage of his own wrong

[Link] recedat e curia cancellaria sine remedio – No one should depart from a Court of
Chancery without a remedy

[Link] crimen, nulla poena sine lege – there is no crime when there is no law punishing
the same

[Link] pro tunc – Now for then. A ruling nunc pro tunc applies retroactively to correct an
earlier ruling.

Page 21
 O
[Link] dictum – Things said by the way. It is generally used in law to refer to an opinion or
non –necessary remark made by a judge. It does not act as a precedent. In other
words, Obiter dictum means “that which is said in passing,” an incidental
statement. Specifically, in law, it refers to a passage in a judicial opinion which is not
necessary for the decision of the case before the court. Such statements
lack the force of precedent but may nevertheless be significant.

[Link] sacramentum debet esse de certa scientia – Every oath ought to be of certain
knowledge

[Link] delicta in aperto leviora sunt – All crimes (committed) in the open are
(considered) lighter

[Link] praesumuntur contra spoliatorem – All things are presumed against a wrongdoer

[Link] innovatio plus novitate perturbat quam utilitate prodeat – Every innovation
disturbs more by its novelty than it benefits by its utility

[Link] probandi – Burden of proof

[Link] legum interpres est consuetudo – The best interpreter of laws is custom

[Link] statuti interpretatrix est ipsum statutum – The best interpreter of a statute is the
statute itself

[Link] interpres rerum usus – The best interpreter of the law is usage

P
[Link] privata juri publico non derogare possunt – Private contracts cannot derogate from
public law

[Link] Sunt Servanda – Agreements must be kept. or Agreements are legally binding

[Link] – Money which a man pays to a woman with whom he has been living and from
whom he is separated. Palimony has slightly different meanings in different
jurisdictions

[Link] delictum – Equal fault

[Link] Materia – Relating to the same matter

[Link] passu – On an equal footing

[Link] criminis – A participator in the actual crime/partner in crime

[Link] sequitur ventrem – The offspring follows the mother

[Link] est quem nuptiae demonstrant – The father is he whom the marriage points out

Page 22
[Link] contra naturam sunt gravissima – Wrongs against nature are the most serious

[Link] lite nihil innovetur – During litigation nothing should be changed

[Link] curiam (decision or opinion) – In the opinion of the court. In other words, the decision
is made by the court (or at least, a majority of the court) acting collectively

[Link] incuriam – Because of lack of care

[Link] minas – By means of menaces or threats

[Link] quod – By reason of which

[Link] se – By itself

[Link] non grata – Person not allowed in a country/Person not wanted in a

country/Person prohibited in a country

[Link] mortem – After death

[Link] est in tempore, potior est in jure – He who is first in time is preferred in right

[Link] Intentionem – Different from that which was intended

[Link] facie – On the face of it/ Sufficient to establish a fact or raise a presumption unless
disproved or rebutted

[Link] impressionis – On first impression

[Link] recipient largam interpretationem voluntati consonam concedentis –

Privileges are to be interpreted in accordance with the will of him who grants them

[Link] hac vice – For this occasion

[Link] rata – In proportion

[Link] tanto – So far, to that extent

[Link] tempore – For the time being

[Link] juris – Of public right

Q
[Link] – The question is raised

[Link] aliquid prohibetur ex directo, prohibetur et per obliquum – What is prohibited

directly is prohibited indirectly

[Link] – How much, an amount

Page 23
[Link] meruit – What one has earned. or The amount he deserves. In other words, a
reasonable sum of money to be paid for services rendered or work done when the
amount due is not stipulated (specified, written down) in a legally enforceable
contract

[Link] facit per alium, facit per se – He who acts through another acts himself

[Link] haeret in litera, haeret in cortice – He who stices to the letter, sticks to the bark

[Link] in utero est, pro jam nato habetur, quoties de ejus commodo quaeritur – He who is
in the womb is considered as already born as far as his benefit is considered

[Link] non habet potestatem alienandi, habet necessitatem retinendi – He who has not the
power of alienating is under the necessity of retaining

[Link] non habet, ille non dat – He who has not, does not give

[Link] non improbat, approbat – He who does not disapprove, approves

[Link] non obstat quod obstare potest facere videtur – He who does not prevent what he is
able to prevent, is considered as committing the thing

[Link] non prohibet quod prohibere potest assentire videtur – He who does not prohibit
when he is able to prohibit, is in fault

[Link] peccat ebrius, luat sobrius – He who does wrong when drunk must be punished when
sober

[Link] potest et debet vetare et non vetat jubet – He who is able and ought to forbit and
does not, commands

[Link] prior est tempore potior est jure – He who is prior in time is stronger in right

[Link] sentit commodum, sentire debet et onus – He who derives a benefit ought also to
bear a burden

[Link] tacet consentire videtur – He who is silent appears to consent

[Link] pro quo – Consideration something for something

[Link] plantatur solo, solo cedit – Whatever is planted in or affixed to the soil,
belongs to the soil

[Link] warranto – By what authority. A writ calling upon one to show under what authority
he holds or claims a public office

[Link] ab initio non valet, in tractu temporis non convalescit – What is not valid in the
beginning does not become valid by time

[Link] constat curiae opere testium non indiget – What appears to the Court needs not the
help of witnesses

[Link] necessarie intelligitur, id non deest – What is necessarily understood is not wanting

[Link] necessitas cogit, defendit – What necessity forces it justifies

[Link] non apparet, non est – What does not appear, is not

Page 24
[Link] non habet principium non habet finem – What has no beginning has no end

[Link] per me non possum, nec per alium – What I cannot do through myself, I cannot do
through another

[Link] prius est verius est; et quod prius est tempore potius est jure – What is first is
more true; and what is prior in time is stronger in law

[Link] vanum et inutile est, lex non requirit – The law does not require what is vain and
useless

[Link] in verbis nulla est ambiguitas, ibi nulla expositio contra verba expressa fienda
est – When there is no ambiguity in words, then no exposition contrary to the
expressed words is to be made

R
[Link] mandato aquiparatur – Legislative ratification is equivalent to a mandate

[Link] decidendi – Principle or reason underlying a court judgement. or The rule of law on
which a judicial decision is based.

[Link] est legis anima, mutata legis ratione mutatur et lex – Reason is the soul of the law;
when the reason of the law changes the law also is changed

[Link] legis – Interpretation according to the spirit

[Link] legis est anima – the reason of the law is its spirit

[Link] legis est anima legis – The reason of the law is its soul

[Link] Decidendi – The rule of law on which a judicial decision is based

[Link] – In the matter of

[Link] est maioribus motivator – Recognition is the greatest motivator

[Link] singula singulis – Referring each to each; referring each phrase or expression to
its appropriate object; or let each be put in its proper place

[Link] pecunia leberat solventem – Money refused releases the debtor

[Link] – Matter, affair, thing, circumstance

[Link] gestae – Things done

[Link] integra – A matter untouched by decision

[Link] inter alios acta alteri nocere non debet – Things done between strangers ought not to
affect a third person, who is a stranger to the transaction

[Link] ipsa loquitor – The thing speaks for itself

[Link] Judicata – A case which has already been decided

Page 25
[Link] judicata accipitur pro veritate – A thing adjudged is accepted for the truth

[Link] Judicata Pro Veritate Accipitur – It means that a judicial decision must be accepted
as correct

[Link] nulis – Nobody s property

[Link] superior – Let the principal answer

[Link] est major singulis, minor universis – The King is greater than individuals, less than
all the people

[Link] non debet judicare sed secundum legem – The King ought not to judge but according
to the law

[Link] non protest peccare – The king can do no wrong

[Link] nunquma moritur – The King never dies

[Link] quod injustum est facere non potest – The King cannot do what is unjust

S
[Link] populi est suprema lex – The safety of the people is the supreme law

[Link] – Knowingly

[Link] facias – That you cause to know

[Link] est agere – To write is to act

[Link] defendendo – In self defence

[Link] – The legal position is different, it is otherwise

[Link] praesumitur pro legitimatione puerorum – Everything is presumed in favor of

the legitimacy of children

[Link] praesumitur pro matriomonio – It is always presumed in favor of marriage

[Link] interlocutoria revocari potest, definitiva non potest – An interlocutory order

can be revoked, a final order cannot be

[Link] personalia sequuntur personam – Personal services follow the person

[Link] utere tuo ut alienum non laedas – So use your own as not to injure another s property

[Link] commendatio non obligat – A simple recommendation does not bind

[Link] die – With no appointed date for resumption

[Link] qua non – “without which nothing”. An essential condition; a thing that is absolutely
necessary. Basically a component of an argument that, if debunked, causes the
entire argument to crumble.

Page 26
[Link] decisis – To stand by decisions (precedents)

[Link] decisis et non quieta movere – Follow past precedents and do not disturb what has
been settled

[Link] quo – State of things as they are now

[Link] pro publico commodo late interpretandtur – statutes made for the public good
ought to be literally construed

[Link] – Do not delete, let it stand

[Link] modo – Within limits or subject to a modification or qualification

[Link] nomine – Under the name of

[Link] silentio – In silence

[Link] causa, tollitur effectus – The cause being removed, the effect ceases

[Link] fundamento, cadit opus – The foundation being removed, the structure falls

[Link] matrimonium tollit peccatum praecedens – A subsequent marriage removes

the preceding wrong

[Link] falsi – The suggestion of something which is untrue

[Link] generis – Unique

[Link] ratio est quae pro religione facit – The highest reason is that which makes for
religion, ie religion dictates

[Link] Motu – On its own motion.

[Link] veri – The suppression of the truth

[Link] veri expressio falsi – A suppression of truth is equivalent to an expression of

falsehood

[Link] non nocet – Surplusage does not vitiate a statute

T
[Link] qualis – Such as it is

[Link] firma – Solid ground

[Link] latissimam interpretationem habere debent – Testaments ought to have the

broadest interpretation

[Link] loqui chartam facit – Delivery makes a deed speak

Page 27
[Link] terra cum onere – The land passes with its burden

U
[Link] fides (sometimes uberrimae fidei) – Utmost good faith

[Link] eadem ratio ibi idem jus, et de similibus idem est judicium – When there is the same
reason, then the law is the same, and the same judgment should be rendered as to
similar things

[Link] jus ibi remedium – Wherever there is a right, there is a remedy/ For every wrong there
is a remedy

[Link] lex non distinguit, nec nos distinguere debemus – Where the law does not
distinguish, we should not distinguish

[Link] non est principalis, non potest esse accessorius – Where there is no principal, there
can be no accessory

[Link] nullum matrimonium, ibi nulla dos es – Where there is no marriage, there is no
dower

[Link] voluntas testatoris est perimplenda secundum veram intentionem suam – The
last will of a testator is to be fulfilled according to his true intentio

[Link] poena ad paucos, metus ad omnes, perveniat – That punishment may come to a few,
the fear of it should affect all

[Link] res magis valeat quam pereat – It is better for a thing to have effect than to be made
void

[Link] per inutile non vitiatur – What is useful is not vitiated by the useless

V
[Link] Accipienda sunt secundum subjectam materiam – A word is to be understood
in the context in which it is used

[Link] chartarum fortius accipiuntur contra preferentem – The words of deeds are
accepted more strongly against the person offering them

[Link] debent intelligi cum effectu – Words ought to be understood with effect

[Link] intentioni, non e contra, debent inservire – Words ought to serve the intention, not
the reverse

[Link] legis – the language of the law

[Link] legis non est recedendum – From the words of the statute there should be no
departure

[Link] – Word by word, exactly

Page 28
[Link] – Ban or order not to allow something to become law, even if it has been passed by a
parliament.

[Link] et armis – With the force and arms

[Link] antiqua via est tuta – The old way is the safe way

[Link] versa – The other way around

[Link] – See

[Link] non dormientibus jura subveniunt – The laws serve the vigilant, not those
who sleep

[Link] et uxor consentur in lege una persona – A husband and wife are regarded in law as
one person

[Link] major – Act of God

[Link] commendamus – We recommend a visitation

[Link] – Willing

[Link] non fit injuria – Damage suffered by consent gives no cause of action

[Link] in delictis non exitus spectatur – In offences the intent and not the result is
looked at

[Link] reputatur pro facto – The will is taken for the deed

621. Vox populi – Voice of the people or the opinion of the majority of the people

Page 29