CLL 103 NOTE(2017)

NO. MAXIM MEANING AND EXPLANATION

1 Ubi jus ibi remedium Where there is law, there is

remedy.
This maxim simply means the
law functions to state
remedies for damages done to
an aggrieved individual.
2 Injuria non excusat A wrong does not excuse a
injuriam wrong.
This maxim means that a
wrong does not justify another
wrong. No one is entitled to
take law into his own hands
therefore no one is entitled to
commit a wrong in return of
the wrong inflicted on him or
her.
3 Actus dei nemini facit An act of God does injury to
injuriam no one.
No one is responsible for
inevitable accidents. When a
bad event occurs as a result of
the effect of nature without
the interference of humans, it
is an act of God.
4 Res ipsa loquitur The thing speaks for itself.
In torts, the law allows the
plaintiff to meet the burden of
proof which it is, in effect,
circumstantial evidence. The
plaintiff can create a rebuttal
presumption of negligence by
the defendant by proving that
the harm would not have
occurred ordinarily without
negligence, that the object
that caused the harm was
under the defendant control
and the plaintiff does not
contribute to the causation of
the damages
5 Accusare nemo se No one ought to accuse
debet himself.
This legal maxim explains that
any accused is entitled to a
plea of not guilty and it is not
for the accused to make
utterances by incriminating
him or her.
6 Nemo dat quod non No one gives what he does not
habet have. This legal maxim means
that the purchase of a
possession form someone who
has no ownership title denies
the purchaser as well from
claiming ownership.
7 Fraus et jus nunquam Fraud and justice never dwell
cohabitant together.
The law cannot exist with
deliberate falsehood or fraud.
The law frowns at illegal
dealings.
8 Lex non valet extra Law is not strong outside its
territorium territory.
A feature of law is it being
territorial in nature. Each state
has its laws that govern the
entire state. It is not possible
for the laws governing a state
to render it applicable in
another state. See Holman vs
Johnson(legal method)
9 Nullum simile est idem Nothing similar is the same.
This is used in distinguishing
cases. No matter how cases
are alike, the facts of cases
differ from one another. For
instance, a lower court is
bound by the decisions made
by higher court and in the case
whereby the decision of a
higher court is made per
incuriam and the lower court
wishes to rescind the decisions
of the higher court, this maxim
comes into play by make
distinctions among the facts of
the case.
10 Actus non facit reum An act does not make one
nisi mens sit rea guilty unless the mind is
guilty.
 A person’s intent and act must
constitute a crime. This maxim
has faced a lot of criticisms. In
the case of manslaughter, the
guilty person has no criminal
intent to kill the victim.
11 Sub judice Under judicial consideration.
When a matter is yet to be
proved or disproved by the
court, it is a sub judice and it is
unethical for such cases to be
discussed or stated as a fact in
public.
12 Sub poena Under punishment.
A writ issued by a court
ordering a person to duly
appear before the court to
give testimony.
13 Nullum crimen nulla Where there is no crime,
poena there is no punishment.
A maxim meaning that in the
absence of crime, punishments
or penalties can never occur.
14 Sub poena ad A writ ordering a witness to
testificandum come and testify in court.
15 Sub poena duces A writ ordering an individual to
tecum come court with documents.
16 Res judicata The thing judged.
A common law doctrine
meant to prevent relitigation
of cases between same parties
regarding the same issues and
preserve the binding nature of
the court decision.
17 Pro bono public For the public good.
This maxim explains that
some professional works are
done voluntarily for the public
without monetary clause.
18 Lex scripta Written law.
19 Lex non scripta The law that is not written.
20 Commodum ex injuria No one ought to have
sua nemo habere advantage from his own
debet wrong.
A person who ventures into
dangerous acts and get injured
in the process cannot sue for
damages.
21 Ex parte From one party.
This legal maxim means a legal
proceeding brought by an
 individual in the absence of
and without representation or
notification of other parties.
22 Lex dilationes semper The law always abhors delays.
exhorret Justice delayed is justice
denied. Justice is the correct
application of the law. The law
frowns at delays.
23 Interest reipublicae ut It is the interest of the state
sit finis litium that there be an end to
litigation.
This maxim emphasizes the
need to make haste during
litigation for justice to be
administered quickly.
24 Damnum sine injuria There can be a damage
esse potest without injury.
This maxim means the
causation of damages to an
individual without the
violation of such individual’s
legal right. For instance, two
companies, producing same
commodities are situated
beside each other, it is certain
that one company will receive
more demands than the other,
which in turn may affect the
other company negatively.
25 Arma in armatos Laws allow the use of arms
sumere jura sinunt against the armed.
In case of self-defence, the law
allows one to retaliate against
an armed person for self-
protection.
26 Dormus sua cuisque To every man, his house his is
est tutissimum safest refuge.
refugium A principle of natural justice in
which every man’s house is his
safest place. In R vs Hussay,
the landlord was trying to eject
a tenant forcibly by
trespassing. The tenant shot
the landlord and this was
justified by law.
27 Pari passu With equal steps. A doctrine of
equity.
28 Bonus judex A good judge judges according
secundum aequum et to what is good and equal.
bonuum judicat
29 Plus valet onus One eye witness is better than
oculatis testis, quam ten people who speak from
auriti decem hearsays.
In this case, someone present
or who witnesses an
happening, is better than
those who speak based on
rumours.
30 Unus testis, nullus One witness is no witness.
testis This can be applied in criminal
cases. In a criminal case, a
higher standard of prove is
required for the prosecution to
prove its case beyond
reasonable doubt. More
reliable witnesses are needed.
31 Cui bono? For whose good?
32 Consuetudo est Custom is the best interpreter
optimus legum of the law.
interpres The customs and tradition of
the people are regarded as the
interpreter of law. This is
because the customs and
traditions of people are a part
of them already.
33 Qui omnis dicet, nil He who says everything
excludit excludes nothing.
34 Par in parem An equal does not have
imperium non habet authority over an equal.
In public international law, the
principle that one sovereign
power cannot have an
authority over another
sovereign power. This is also
applicable in law courts. The
maxim forms the basis of state
doctrine and soverign power.
35 Nemo debet esse judex No one ought to be a judge in
in propria causa his own cause.
It is a principle of natural
justice whereby a judge cannot
preside over matters that he
has interest. Justice may be
biased if this happens. A judge
ought to be precluded from a
case in which he is a party.
36 Caveat venditor Let the seller beware.
37 Caveat emptor Let the buyer beware.
38 Celera fraudem, fraus To hide a fraud is fraud.
est A person who knows that a
fraud is going on and is silent
 about it, is being a fraud
himself. This maxim is against
the whistle blowing policy in
which a whistle blower reports
matters dealing with fraud in
organisations and government.
39 Inter arma, leges silent In between arms, laws are
silent.
In the case of a coup d’etat,
the constitution is suspended
by the military government.
40 Necessitas non habet Necessity has no laws. A
legem person sometimes might have
to succumb to the pressure of
other parties.
41 Volenti non fit injuria To those willing, injury is not
done.
This maxim explains that for
those who willingly and
knowingly put themselves in
dangerous situations cannot
sue for resulting damages or
injuries. If a person engages in
an event accepting and aware
of the risks involved, such a
person has no right to
complain or demanding for
compensation as a result of
the injuries suffered.
42 Nolle prosequi I do not wish to prosecute.
A legal term used in common
law jurisdictions to describe a
prosecutor’s voluntary
dismissal of criminal charges.
43 Non vult contendere He does not wish to contend.
44 Consensus legem facit Consent make the law.
In the case of contract,
consent is an inevitable
component in determining the
legality of a contract
45 Qui facet consentit He who keeps silence, agrees.
46 Qui non negat He who does not denies,
confifetur agrees.
47 Qui prior est tempore He who is earlier in time is
portior est jure better in law.
Priority in time is given
preference in law. When there
are equal equities, the first in
order must prevail.
48 Actore non probante, When the plaintiff does not
absolvitur reus prove his case, the defendant
is acquitted.
49 Actore incumbit onus The burden of proof lies on the
probandi actor.
50 Qui parcit nocentibus, He who spares the guilty,
innocents punit punishes the innocent.
51 Qui nil habet, nil dat He who has nothing gives
nothing.
52 Qui peccat ebrius, luat He who sins while drunk will
sobrius be punished when sober.
53 Qui non improbat, He who does not disapprove,
approbat approves.
54 Qui non negat,probat He who does not deny,
approves.
55 Qui non culpat probat He who does not find offence,
approves.
56 Qui sentit commodum, He who has the benefit, ought
sentire debet et onus to bear the burden.
Qui habet commode,
ferre debet onera
57 Nullus commodum No one can take an advantage
capere potest de from his own wrong.
injuria sua propria
58 Lex non cogit The law does not compel
impossiilia impossibilities.
59 Quod ab intio non What is not strong from the
valet, in tractu beginning, does not get well in
temporis non time.
convalescit
60 Ex turpi causa non From a bad cause, no action
oritur actio can arise.
It is a legal doctrine in which a
plaintiff or a complainant will
be unable to pursue legal
remedies if it arises in
connection with his own illegal
acts.
61 Ex dolo malo non From a bad deed, an action
oritur actio does not rise.
62 Ex maleficio non oritur A contract cannot arise from
contractus an illegal act.
63 Ex nudo pacto non No action arises from a
oritur actio contract without agreement.
Since agreement is the
founding platform of contract,
a contract without agreement
is void. A cause of action
cannot be based on mere
promises but legal
consideration.
64 Pacta dant legem The agreements give the law
contractive to the contract.
Stipulations constitute the law
for the contract whereby
parties involved in the contract
are to abide by the terms and
conditions of the contract.
65 Acta exteriora Exterior acts indicate interior
indicant interiora secrets.
secreta The actions of a person
discloses his intentions.
66 Actio personalis The action of a person dies
moritur cum persona with the person.
Some legal cause of action can
no longer be brought after a
person’s death. Any action
that purely relates to the
personal or private character
or affairs comes to an end
upon his death. For example,
defamation of character. This
is applicable in torts law.
67 Confessio non est Confession does not need
probatio prove.
68 Habeas corpus You may have the body.
It is a writ issued by the court
or a judge ordering a prisoner
to be released to help the
judge determine whether the
prisoner is lawfully in prison or
not. The writ is a protection
against illegal confinement.
69 In criminalibus , In criminal cases, the proves
probationes debent ought to be clearer than light.
esse luce clariores
70 Jus nuptiae est The law of nature is
immutabile immutable. (read natural law)
71 Judex non reddit plus A judge does not give more
quam quod petens than what the plaintiff
ipse requirit requires.
This is common in civil cases.
For instance, if a plaintiff
demands a million naira and
the judge knows the plaintiff
deserves more than that, the
judge is not bound to give
more.
72 Dormiunt aliquando The laws sometimes sleep, but
leges, nunquan never dies.
moriuntur
73 Vim vi repellere licet It is lawful to repel force with
force.
Self defense is justified in law.
74 Prima facie On the first appearance.
In legal term, it means the
presentation of sufficient
evidence by a civil claimant to
support the legal claims. A
sufficient evidence presented
by the plaintiff unless
disproved.
75 Qui terram possidet, He who possesses a land,
usque ad caelum possesses up to the sky.
possidet
76 Morbus est Sickness is an impediment in
impedimentum in law.
leges
77 Qui timide rogat, doct He who speaks timidly,
sagare teaches a denial.
The claimant who has the
greatest share of confidence is
the most likely to succeed.
78 Ex incumbit probation The burden of proof lies on
qui dicit non qui whom affirms, not who denies.
negant
79 Manifestas probatione Facts that are manifest do not
non indigent need proves.
80 Aequitas est quasi Equality is as it were equity
equitas
81 Justitia nemini Justice is to be denied to no
neganda est one.
82 Nemo est haeres No one is the heir of a living
viventis person.
A person becomes an actual,
complete heir of another only
when the person he wants to
inherit it from dies.
83 Corpus delicti The body of crime.
The corpus delicti is used to
describe an evidence that
proves that a crime has been
committed. The body(material
substance) upon which a crime
has been committed.
84 alibi In another place.
It is a form of defense used in
criminal procedure wherein
the accused attempts to prove
that he was in some other
place at the time the alleged
offense was committed.
85 mandamus We command.
 It is a judiciary remedy in the
form of an order from a
superior court, to any
government surbodinate
court, corporation,or public
authority to do some specific
acts which that body is obliged
to do by law.
86 certiorari To be informed of
. It is an order a higher court
issues to review the decision
and proceedings in a lower
court and determine whether
there are irregularities or
inconsistencies.
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Compiled by Ogunbowale Fehintoluwa Iyanu.

Sources : Google.