IMPORTANT LEGAL MAXIMS

-Shubham sir

1. 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.
2. 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.
3. A communi observantia non est recedendum- There shall be no departure from
common usage or observance.
4. Ante Litem Motam – Before suit brought; before controversy instituted OR spoken
before a lawsuit is brought.
5. Boni judicis est ampliare jurisdictionem – It is the part of a good judge to broaden his
jurisdiction, i.e. remedial authority. Judicial activism or sometimes overreach
6. Casus omissus et oblivioni datus dispositioni communis juris relinquitur- Cases which
have been omitted and forgotten should be left to the disposition of the common law.
7. Corpus delicti – The facts and circumstances constituting a crime and Concrete evidence
of a crime, such as a corpse (dead body). Also, It refers to the principle that ‘a crime
must be proved to have occurred before a person can be convicted of committing that
crime.’ (This definition is mostly used in Western Law.)
8. De Minimis Non Curat Lex – The law does not govern trifles (unimportant things) or
law ignores insignificant details. or A common law principle whereby judges will not sit
in judgment of extremely minor transgressions (offence, wrongdoings) of the law
9. Delegata potestas non potest delegari- no delegated powers can be further delegated.
(Redelgation is prohibited under division of powers)
10. Dominium non potest esse in pendenti- A property cannot be without an owner. (must
have an owner)
11. Donatio 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.)
12. Ex post facto – Out of the aftermath. 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.
13. Ei incumbit probatio qui dicit, non qui negat- he burden of proof is on the one who

declares, not on one who denies (The presumption of innocence- one is considered
innocent unless proven guilty)
14. Furiosi 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
15. Id quod nostrum est, sine facto nostro ad alium transferi non potest- What belongs to us

cannot be transferred to another without our act. (for traansfer of one's property, there
needs to be his/ her consent)
16. Ignorantia juris non excusat – Ignorance of the law excuses not or Ignorance of 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.
17. In jure non remota causa, sed proxima spectatur- In law the proximate, and not the

remote, cause is to be regarded (principle of reasonableness and remoteness)

18. Injuria non excusat injuriam- a wrong does not excuse a wrong. If a person commits a

wrong, the wrong which s/he suffered will not excuse or exculpate him/her from the
consequences of his/her wrong doing.
19. Interest Reipublicae Ut Sit Finis Litium – It means it is in the interest of the state that

there should be an end to litigation.

20. Jus naturale – Natural law. Or in other words, A system of law based on fundamental
ideas of right and wrong that is Natural Law.
21. Judex damnatur cum nocens absolvitur- A judge is condemned when a guilty man is

acquitted. The ends of justice should be met

22. Legator violare contra jus gentium est- To violate ambassadors is against the law of

nations. Diplomatic immunity

23. Malum in se or Mala in se (plural) – 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.
24. Malum 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.’ For example, Jurisdiction in India require drivers to drive on the left side of the
road. This is not because driving on the right side of a road is considered immoral, but
because law says to drive on the left side and not on right side.
25. Nemo bis punitur pro eodem delicto – Nobody can be twice punished for the same
offence.
26. Nemo dat uad non habet- One cannot give what one doesn't have. (Propoerty ownership
and transfer)
27. Nemo debet bis vexari pro una et eadem causa – It means no man shall be punished
twice for the same offence. Double jeopardy (Article 20(2))
28. Nemo debet esse judex in propria causa/ Nemo judex in causa sua/ Nemo judex in sua
causa – Nobody can be judge in his own case.
29. Nemo 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)
30. Nemo Potest esse tenens et dominus – No body can be both a landlord and a tenant of

the same property.

31. Nolle prosequi – A formal notice of abandonment by a plaintiff or prosecutor of all or

part of a suit.
32. Pacta Sunt Servanda – Agreements must be kept. or Agreements are legally binding. In

International Agreements it means ‘every treaty in force is binding upon the parties to it
and must be performed by them in good faith.
33. Persona non grata – A person who is unacceptable or unwelcome. Opposite of persona
non grata is persona grata. Also, In diplomacy, a persona non grata is a foreign person
whose entering or remaining in a particular country is prohibited by that country’s
government
34. Quantum 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.
35. Qui facit per alium, facit per se – He who acts through another acts himself. In simple
words, It is a fundamental legal maxim of the law of agency. It is a maxim often stated in
discussing the liability of employer for the act of employee in terms of vicarious (indirect,
secondhand) liability.
36. Qui sentit commodum, sentire debet et onus – It means he who receives advantage must

also bear the burden.

37. Res Judicata Pro Veritate Accipitur – It means that a judicial decision must be accepted

as correct.
38. Rex non protest peccare – The king can do no wrong.
39. Salus populi est suprema lex – The welfare of the is the supreme law.
40. Sine 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.
41. Ubi jus ibi remedium – Where there is a right, there is a remedy.
42. Veniae facilitas incentivum est delinquendi- Facility of pardon is an encouragement to

crime. (Advocates of death penalty)

43. Volenti non fit injuria – Damage suffered by consent gives no cause of action.
Vox populi – Voice of the people. or The opinion of the majority of the people