​Important Legal Maxims With Their Easy Meaning

1. Ab Initio – From the beginning.

2. Actionable per se – The very act is punishable and no proof of

damage is required.

3. 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.

4. Actori incumbit onus probandi – The burden of proof is on the

plaintiff.

5. 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.

6. Ad hoc – For the particular end or case at hand.

7. Alibi – At another place, elsewhere.

8. Amicus Curiae – A friend of court or member of the Bar who is

appointed to assist the Court.

9. Ante Litem Motam – Before suit brought; before controversy

instituted, or spoken before a lawsuit is brought.

10. Assentio mentium – The meeting of minds, i.e mutual assents.

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

12. Bona fide – In good faith.

13. Bona vacantia – Goods without an owner.

14. Boni judicis est ampliare jurisdictionem – It is the part of a good

judge to enlarge his jurisdiction, i.e. remedial authority.

15. Caveat – 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.

16. Caveat actor – Let the doer beware.

17. Caveat emptor – Let the buyer beware.

18. Caveat venditor -Let the seller beware.

19. Certiorari – A writ by which orders passed by an inferior court

is quashed.

20. Corpus – Body.

21. 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.)

22. Damnum sine injuria – Damage without injury.

23. De facto – In fact.

24. De jure – By law.

25. De minimis – About minimal things.

26. 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.

27. De novo – To make something anew.

28. Dictum – Statement of law made by judge in the course of the

decision but not necessary to the decision itself.

29. Doli incapax – Incapable of crime.

30. Detinue – Tort of wrongfully holding goods which belong to

someone else.

31. 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.

32. Estoppel – Prevented from denying.

33. Ex gratia – As favour.

34. Ex officio – Because of an office held.

35. Ex parte – Proceedings in the absence of the other party.

36. Ex post facto – Out of the aftermath, or After the fact.37. Fatum –
Beyond human foresight.

38. Factum probans – Relevant fact.

39. Fraus est celare fraudem – It is a fraud to conceal a fraud.

40. Functus officio – No longer having power or jurisdiction.

41. 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.

42. Habeas corpus – A writ to have the body of a person to be

brought in before the judge.

43. Ignorantia 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.

44. Injuria sine damno – Injury without damage.

45. Ipso facto – By the mere fact.

46. In promptu – In readiness.

47. In lieu of – Instead of.

48. In personam – A proceeding in which relief I sought against a

specific person.

49. Innuendo – Spoken words which are defamatory because they

have a double meaning.

50. In status quo – In the present state.

51. Inter alia – Among other things.

52. Inter vivos – Between living people. (especially of a gift as

opposed to a legacy)

53. Interest Reipublicae Ut Sit Finis Litium – It means it is in the

interest of the state that there should be an end to litigation.

54. Jus cogens or ius cogens – Compelling law.

55. Jus in personam – Right against a specific person.

56. Jus in rem – Right against the world at large.

57. Jus naturale – Natural law.

Or in other words, A system of law based on fundamental ideas of

right and wrong that is Natural Law.

58. Jus Necessitatis – It means a person’s right to do what is

required for which no threat of legal punishment is a dissuasion.

Dissuasion means: the action or process of trying to persuade

someone not to take a particular course of action.

59. Jus non scriptum – Customary law.

60. Jus scriptum – Written law.

61. Jus – Law or right.

62. Justitia nemini neganda est – Justice is to be denied to nobody.

63. Jus soli – Right of soil.

64. Jus sanguins – Right of blood or descent.

65. Lex non a rege est violanda – The law must not be violated even
by the king.
66. Locus standi – Right of a party to an action to appear and be
heard by the court.

67. Mala fide – In bad faith.

68. 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.

69. 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 requires 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 the law says to drive on
the left side and not on the right side.

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.
For example, Jurisdiction in India requires 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 the law says to drive on
the left side and not on the right side.

70. Mandamus – ‘We command’. A writ of command issued by a

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

71. Mens rea – Guilty mind.

72. Misnomer – A wrong or inaccurate name or term.

73. Modus operandi – Way of working.

74. Modus Vivendi – Way of living.

75. Mutatis Mutandis – With the necessary changes having been

made, or with the respective differences having been considered.

76. Nemo bis punitur pro eodem delicto – Nobody can be twice
punished for the same offence.

77. Nemo debet bis vexari pro una et eadem causa – It means no
man shall be punished twice for the same offence.

78. Nemo 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.

79. 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)

80. Nemo Potest esse tenens et dominus – Nobody can be both a

landlord and a tenant of the same property.

81. Nolle prosequi – A formal notice of abandonment by a plaintiff

or prosecutor of all or part of a suit.

82. Novation – Transaction in which a new contact is agreed by all

parties to replace an existing contract.

83. Nunc pro tunc – Now for then. A ruling nunc pro tunc applies
retroactively to correct an earlier ruling.

84. Non Sequitur – A statement (such as a response) that does not

follow logically from or is not clearly related to anything previously
said.

Source: Merriam Webster Dictionary.

85. Obiter 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.

Source: Britannica
86. Onus probandi – Burden of proof.

87. 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.’

88. Pari passu – With an equal step. Read more about it on

Wikipedia.

89. Particeps criminis – A participator in the actual crime/partner

in crime.

90. Per curiam (decision or opinion) – By the court.

In other words, The decision is made by the court (or at least, a

majority of the court) acting collectively.

91. Per se – By itself.

92. 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.
93. Prima facie – At first sight.

94. Alimony – A husband’s (or wife’s) provision for a spouse after

separation or divorce; maintenance.

Palimony – 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.

95. Per curiam – By a court.

96. Per incuriam – Because of lack of care.

97. Prima facie – On the face of it.

98. 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.

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 the
employer for the act of employee in terms of vicarious (indirect,
secondhand) liability.

100. Quid pro quo – Something for something.

101. Qui sentit commodum, sentire debet et onus – It means he who
receives advantage must also bear the burden.

102. Quo warranto – By what authority. A writ calling upon one to

show under what authority he holds or claims a public office.

103. Ratio decidendi – Principle or reason underlying a court

judgement. or The rule of law on which a judicial decision is based.

104. Respondeat superior – Let the master answer.

For example, There are circumstances when an employer is liable

for acts of employees performed within the course of their
employment. This rule is also called the master-servant rule.

105. Res ipsa loquitor – The thing speaks for itself.

106. Res Judicata – A matter already judged.

Related: Res Judicate Is Based On 3 Maxims

Related: Res Judicata vs Res Sub Judice

107. Res Judicata Pro Veritate Accipitur – It means that a judicial

decision must be accepted as correct.

108. Rex non protest peccare – The king can do no wrong.

109. Salus populi est suprema lex – The welfare of the is the
supreme law.
110. Status quo – State of things as they are now.

111. Sine die – With no day (indefinitely).

112. 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.

113. Suo Motu – On its own motion.

114. Uberrima fides (sometimes uberrimae fidei) – Utmost good

faith.

115. Ubi jus ibi remedium – Where there is a right, there is a

remedy.

116. Veto – Ban or order not to allow something to become law,

even if it has been passed by a parliament.

117. Vice versa – Reverse position.

118. Vis major – Act of God.

119. Volenti non fit injuria – Damage suffered by consent gives no

cause of action.

In other words, If someone willingly places himself in a position

where he knows that harm might result, then he is not able
(allowed) to bring a claim against the other party in tort or delict (a
violation of the law).
120. Vox populi – Voice of the people. or The opinion of the majority
of the people.

121. Waiver – Voluntarily giving up or removing the conditions.