Legal Maxims

Legal Maxims (A)

1. Ab Initio

Meaning: From the beginning.

Explanation: When something is void from the start, it is treated as if it never existed in law.
Example: A contract made with a minor is void ab initio—no need to challenge it because it
never had legal effect.
Case: Muhammad Aqil v. Muhammad Amir (2023 SCMR 1032)

2. Absolute Sententia Expositore Non Indiget

Meaning: A clear statement needs no interpretation.

Explanation: If legal language is plain and unambiguous, courts should not twist or interpret it.
Example: If a law says ―Tax must be paid by 30 June,‖ courts can’t interpret that as ―around
June.‖ It’s self-explanatory.

3. Accessorium Non Ducit Sed Sequitur Suum Principale

Meaning: The accessory follows the principal.

Explanation: When a main right ends, its dependent rights also end.
Example: If a loan contract ends, the guarantor’s liability also ends automatically.

4. Actionable Per Se

Meaning: Actionable without proof of actual damage.

Explanation: Some torts (like defamation) are punishable even without showing loss.
Example: Saying someone is a thief publicly is actionable per se—you don’t have to prove loss
of reputation.
Case: Jalla v. Shell International Trading (2023 SCMR 1573)

5. Actor Sequitur Forum Rei

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Meaning: The plaintiff follows the defendant’s forum.
Explanation: A lawsuit should be filed in the court where the defendant resides or where the
property is located.
Example: If the defendant lives in Lahore, the plaintiff can’t sue him in Karachi unless property
jurisdiction allows it.
Case: Ejaz v. Abdul Haleem (1999 MLD 1315)

6. A Communi Observentia Non Est Recedendum

Meaning: No departure from common observance.

Explanation: If law prescribes a method, it must be followed exactly that way.
Example: If recruitment law says ―interview + written test,‖ skipping either makes the process
illegal.
Cases: Saqib Ramzan v. State (2023 PCrLJ 1479); Collector of Sales Tax v. Super Asia (2017
SCMR 1427)

7. A Coelo Usque Ad Centrum

Meaning: From the heavens to the center of the earth.

Explanation: The owner of land owns everything above and below it—like airspace and
minerals.
Example: A person owning land also owns the underground oil or minerals beneath it.
Case: Seven Up Bottling Co. v. LDA (2003 CLC 513)

8. Acta Exteriora Indicant Interiora Secreta

Meaning: Outward acts show inward intent.

Explanation: A person’s actions reveal their true intent.
Example: If someone carries a weapon and chases another, his outward act shows intent to
harm.

9. Actio Personalis Moritur Cum Persona

Meaning: Personal actions die with the person.

Explanation: A claim based purely on personal matters (like defamation or divorce) ends with
death.
Example: If a person dies during a defamation suit, it ends there.
Case: Gul Muhammad v. Jan Muhammad (2022 PLD 40 AJK HC)

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10. Actus Curiae Neminem Gravabit

Meaning: No one should suffer because of the court’s mistake.

Explanation: If the court makes an error, it should correct it so no party suffers injustice.
Example: If a court delays issuing a stay order, the loss caused should not penalize the party.
Cases: Abid Jan v. Ministry of Defence (2023 SCMR 1451); Dr. Asma Noreen v. Govt. of Punjab
(2022 SCMR 1546)

11. Actus Dei Nemini Facit Injurium

Meaning: No one is harmed by an act of God.

Explanation: Natural events like floods or earthquakes excuse legal responsibility.
Example: If a delivery is delayed due to an earthquake, the seller isn’t liable.

12. Actus Legis Nemini Facit Injurium

Meaning: The act of law injures no one.

Explanation: If something happens due to operation of law, no one can complain.
Example: If property is taken under legal acquisition, it’s not wrongful.
Case: State v. Asif Adil (1997 SCMR 209)

13. Actus Me Invito Non Est Meus Actus

Meaning: An involuntary act is not one’s own act.

Explanation: Acts done under duress or coercion aren’t punishable.
Example: If a robber forces a cashier at gunpoint to open a vault, the cashier isn’t guilty.

14. Actus Non Facit Reum Nisi Mens Sit Rea

Meaning: An act doesn’t make one guilty unless the mind is guilty too.
Explanation: Crime needs both act (actus reus) and guilty intent (mens rea).
Example: Accidentally hitting someone isn’t murder.
Cases: State of Rajasthan v. Shera Ram (2012 SCMR 1768); Nasir Abbas v. State (2011 SCMR
1966)

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15. Actus Reus

Meaning: The wrongful act.

Explanation: Physical element of a crime; without it, no offence exists.
Example: Planning a murder isn’t punishable until an act (like poisoning) is done.
Cases: Tahir Naqash v. State (PLD 2022 SC 385)

16. Actori Incumbit Probatio, Reus in Excipiendo Fit Actor

Meaning: The burden of proof lies on the plaintiff; when defendant replies, burden shifts.
Example: In a fraud case, the claimant must first prove fraud; then the accused must refute it.

17. Ad Hoc

Meaning: For a particular purpose or temporary period.

Explanation: Temporary appointments or decisions made for a specific case.
Example: Ad hoc lecturer hired for one semester isn’t entitled to permanent status.
Case: PTCL v. Muhammad Samiullah (2021 SCMR 998)

18. Ad Hominem

Meaning: Argument attacking the person, not the issue.

Example: Instead of refuting a lawyer’s argument, saying ―You’re corrupt‖ is ad hominem.

19. Ad Quaestiones Facti Non Respondent Judices; Ad Quaestiones Legis Non

Respondent Juratores

Meaning: Judges decide law; juries decide facts.

Example: In criminal trials, the jury decides if the accused did the act; the judge decides what
law applies.

20. Aequitas Nunquam Contravenit Leges

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Meaning: Equity never opposes the law.
Explanation: Equity supplements law but never replaces or contradicts it.
Example: A judge can grant relief in fairness, but not against the express wording of a statute.

21. Aequitas Factum Habet Quod Fieri Oportuit

Meaning: Equity treats as done what ought to have been done.

Example: If a buyer paid full price but the seller forgot to transfer title, equity treats it as if the
title is transferred.

22. Affirmanti Non Neganti Incumbit Probatio

Meaning: The burden of proof lies on him who affirms, not who denies.
Example: If you claim ownership of land, you must prove it — not the person denying it.

23. A Fortiori

Meaning: For a stronger reason.

Example: If a senior officer can’t be fired without inquiry, a fortiori a junior officer can’t be.
Case: Syed Shoaib Khursheed v. Al-Mal Securities (2019 CLD 1309)

24. Agentes et Consentientes Pari Poena Plectentur

Meaning: Doers and consenters are equally guilty.

Example: Both the killer and the one who planned the murder face equal punishment.

25. Alienatio Rei Praefertur Juri Accrescendi

Meaning: Transfer of property is preferred over right of accumulation.

Example: Sale of property takes precedence over inheritance accumulation.

26. Allegans Contraria Non Est Audiendus

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Meaning: One making inconsistent statements won’t be heard.
Example: You can’t claim a contract is valid to receive money and invalid to avoid liability.
Case: Silver Star Insurance v. Kamal Pipes (2023 CLD 1342)

27. Allegans Suam Turpitudinem Non Est Audiendus

Meaning: One alleging his own bad conduct won’t be heard.

Example: A person admitting he bribed an officer can’t use that as legal defence.
Case: Shafqat Ali Shah v. Nasreen Akhtar (2020 PLD 148 Peshawar HC)

28. Aliquis Non Debet Esse Judex in Propria Causa

Meaning: No one should be judge in his own cause.

Example: A university vice-chancellor can’t head a committee deciding his own misconduct
case.
Case: Rehmat Elahi v. Govt. of West Pakistan (PLD 1965 Lah. 112)

29. Alibi

Meaning: Claim of being elsewhere at the time of crime.

Example: If accused proves he was in another city when the crime occurred, he’s acquitted.
Case: Hamza Sadaqat v. State (2022 YLR 1024)

30. Amicus Curiae

Meaning: Friend of the court.

Explanation: A neutral person appointed by court to assist it.
Example: A senior lawyer may be appointed to explain technical legal issues.
Case: Bank of Punjab v. Institute of Leadership & Management (2017 CLD 1784)

31. Ante Litem Motam

Meaning: Before dispute arose.

Example: Birth certificate made before litigation is strong evidence of age.
Case: Pir Anwar Shah v. Malik Asad Sikandar (1987 MLD 1376)

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32. “A Person Can Tell a Lie but a Document Cannot”

Meaning: Documentary evidence holds more weight than oral testimony.

Example: If a witness says he paid rent but no receipt exists, court prefers the document record.
Case: Riasat Ali v. Rahim Bakhsh (1992 CLC 2193)

33. Assentio Mentium

Meaning: Meeting of minds (mutual consent).

Example: A valid contract requires both parties to agree on the same thing.

34. Quicquid Plantatur Solo, Solo Cedit

Meaning: What is attached to the soil belongs to the soil.

Example: If someone builds on another’s land, that building belongs to the landowner.
Case: Inayatullah v. Lyallpur Improvement Trust (1977 SCMR 488)

35. Argumentum Ab Inconvenienti Plurimum Valet in Lege

Meaning: Argument from inconvenience has great weight in law.

Example: Courts avoid interpretations that cause public hardship if another reasonable reading is
possible.

36. Audi Alteram Partem

Meaning: Hear the other side — no one should be condemned unheard.

Example: Government can’t cancel a license without giving a chance to explain.
Case: Collector Customs v. Muhammad Ismail (2023 SCMR 1319)

37. Autrefois Acquit / Autrefois Convict

Meaning: Previously acquitted or convicted.

Explanation: You can’t be tried twice for the same offence.

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Example: If acquitted for theft once, you can’t be tried again for the same act.
Case: Tariq Irshad v. Special Judge (2022 PCrLJ 1050)

Legal Maxims (B)

1. Balance of Convenience

Meaning:
To weigh the relief granted to the plaintiff against the harm that will be inflicted on the
defendant.

Explanation:
When a court considers whether to grant an injunction (a temporary order stopping an action), it
must compare the likely harm to both parties.
If refusing the injunction would cause more harm to the plaintiff than granting it would cause to
the defendant, the court favors the plaintiff.
It’s basically a weighing test — the court balances the ―convenience‖ or ―hardship‖ on both
sides.

Example:
If a company is about to demolish a disputed building and the plaintiff claims ownership, the
court may grant an injunction to halt the demolition until ownership is decided. Because the
plaintiff’s loss (irreversible demolition) outweighs the defendant’s temporary delay.
Case Law: Atif Ahmad and another v. SECP through Chairman and 5 others, 2023 CLD 313

2. Benefit of Doubt

Meaning:
When uncertainty arises regarding an accused person’s guilt, the accused is entitled to be
acquitted.

Explanation:
In criminal law, the prosecution must prove guilt beyond reasonable doubt. If there’s any doubt
that a rational and cautious person might have, the benefit of that doubt goes to the accused.
This isn’t an act of mercy — it’s a legal right, deeply rooted in both Islamic and common law
principles.

Example:
If two eyewitnesses give contradictory statements about a murder, and the prosecution cannot
prove guilt conclusively, the accused must be acquitted.
Case Law: Bibi Sakina v. Zakir Hussain alias Shah Wali, 2023 YLR 1241
Also: Muhammad Noor v. Riaz Shah, 2016 MLD 757

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Supporting Maxim: ―It is better that ten guilty persons be acquitted than one innocent person be
convicted.‖

3. Benignae faciendae sunt interpretationes chartarum, ut res magis valeat quam

pereat

Meaning:
Documents should be construed favorably so that they remain valid rather than void.

Explanation:
Courts always prefer an interpretation of a legal document (like a deed, will, or contract) that
preserves its validity rather than destroys it.
The goal is to give effect to the intention of the parties — not to nullify it through technicalities
or overly strict reading.

Example:
If a will’s wording is slightly ambiguous, the court interprets it in a way that makes the will
effective rather than invalid.
So, if the phrase ―my estate‖ could mean both movable and immovable property, the broader,
inclusive interpretation is preferred.

4. Be That as It May

Meaning:
Nevertheless; despite that fact.

Explanation:
This is more of a transitional legal phrase than a maxim — used by judges and lawyers to
acknowledge a point but then move on to another, often more decisive, consideration.
It politely concedes the first argument without accepting it as correct.

Example:
A judge might write:
―Be that as it may, the petitioner failed to submit the required affidavit within the stipulated time;
therefore, the petition is dismissed.‖
Case Law: Muhammad Ishaq v. Member (Consolidation), Board of Revenue, 2021 CLC 884

5. Bis Dat Qui Cito Dat

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Meaning:
He gives twice who gives promptly.

Explanation:
This maxim means that a prompt payment or act of generosity is more valuable than a delayed
one.
In legal and commercial contexts, timeliness of payment or relief adds value to the act itself —
showing diligence and good faith.

Example:
A debtor who immediately compensates damages caused by him, without waiting for litigation,
is considered to have acted with double virtue — fulfilling the maxim bis dat qui cito dat.

6. Bona Fide

Meaning:
With good or honest intention.

Explanation:
A bona fide act is one done in good faith — without fraud, deceit, or intention to cheat.
Courts always distinguish between bona fide and mala fide actions.
A bona fide purchaser is someone who buys property honestly, without knowing any defect in
the seller’s title.

Example:
If A sells property to B while hiding that it’s already mortgaged, and B buys it honestly without
knowing the mortgage, B is considered a bona fide purchaser for value.
Case Law: Mehr Noor Muhammad v. Nazir Ahmed, PLD 2024 SC 45

7. Bona Vacantia

Meaning:
Ownerless or unclaimed property belongs to the State (or Crown).

Explanation:
If a person dies without legal heirs or ownership cannot be determined, their property
automatically vests in the State.
This reflects the principle of sovereignty — the State is the ultimate owner of property within its
territory when no private title exists.

Example:
If a man dies intestate (without a will) and has no surviving relatives, his property becomes bona

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vacantia and passes to the government.
Case Law: Muhammad Hassan v. Dharamdas, 2000 YLR 637

8. Boni Judicis Est Ampliare Jurisdictionem

Meaning:
It is the duty of a good judge to expand (or interpret broadly) his jurisdiction for the sake of
justice.

Explanation:
A good judge should not avoid responsibility by narrowly interpreting his authority.
When justice requires, he should interpret his jurisdiction liberally to ensure fairness and prevent
injustice.

Example:
If a court has partial jurisdiction over a dispute but justice demands a full hearing, the judge
should interpret the law in a way that allows him to hear the matter instead of dismissing it on
technical grounds.
Case Law: River Steam Navigation Co. Ltd v. The Commissioners for the Port of Chittagong
and another, PLD 1961 Dhaka 412

9. Buyer Beware (Caveat Emptor)

Meaning:
Let the buyer beware.

Explanation:
The buyer is responsible for checking the quality, suitability, or ownership of goods before
purchase.
If he fails to investigate and later discovers defects or fraud, he usually cannot claim damages
unless the seller actively concealed information.

Example:
If a man buys land without verifying the seller’s title and later finds the land was already
mortgaged, he cannot hold the seller liable under the principle of caveat emptor — he should
have been cautious.
Case Law: M. Anwar Qureshi v. Jamiluddin Farooqi, 2007 MLD 1192

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 Legal Maxims (C)
1. Caveat Venditor

Meaning: Let the seller beware.

Explanation:
This maxim places responsibility on the seller to ensure the goods or property sold are free from
defects and conform to the contract terms. If the seller conceals any defect, he may be held
liable.
(Opposite of “Caveat Emptor” — here, the duty shifts to the seller.)

2. Caveat Emptor qui ignorare non debuit quid jus alienum emit

Meaning: Let the buyer beware, who should not be ignorant that he is purchasing the rights of
another person.
Explanation:
The buyer must verify ownership, title, and condition of the property or goods before purchase.
If he fails to do so, he cannot later complain of defects or third-party claims.
Case Law: Rao Abdul Rehman (Deceased) v. Muhammad Afzal (Deceased), 2023 SCMR 815

3. Certiorari

Meaning: A writ of review issued by a superior court to correct jurisdictional errors of a lower
court.
Explanation:
Under Article 199 of the Constitution of Pakistan, the High Court may issue certiorari to
supervise inferior courts or tribunals. It ensures justice where the lower court exceeded its
jurisdiction or acted unlawfully.
Case Laws:

 Muhammad Azim Khan Afridi v. The President of Pakistan, 2023 SCMR 68

 Darvesh Khan v. Muhammad Sher Khan, 1986 SCMR 352

4. Cessante ratione legis, cessat ipsa lex

Meaning: When the reason for a law ceases, the law itself ceases.
Explanation:

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A law exists for a specific reason or social need. If that reason disappears, the application of the
law becomes obsolete or invalid.
Case Law: The Commissioner of Income Tax Karachi v. The Netherland Trading Society, 1960
PTD 758

5. Chirographum apud debitorem repertum praesumitur solutum

Meaning: A deed or bond found with the debtor is presumed to have been paid.
Explanation:
If a document acknowledging a debt is found in possession of the debtor, it implies that the debt
has been settled, unless proven otherwise.

6. Clausulae inconsuetae semper inducunt suspicionem

Meaning: Unusual clauses always raise suspicion.

Explanation:
Any term in a contract that deviates from standard practice may indicate fraud, coercion, or
mistake. Such clauses should be carefully examined by courts to protect fairness in contracts.

7. Crimen trahit personam

Meaning: The crime carries the person with it.

Explanation:
A person who commits an offence is subject to the jurisdiction of the courts where the crime was
committed. The jurisdiction ―follows‖ the offender through the act.

8. Cognovit Actionem

Meaning: Confession of action or claim.

Explanation:
A written confession made by a defendant admitting the plaintiff’s claim in court. It allows the
plaintiff to obtain judgment without further trial, as the defendant acknowledges liability.

9. Cogitationis poenam nemo patitur

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Meaning: No one is punishable for mere thoughts.
Explanation:
The law only punishes actions, not thoughts or intentions. Thinking about a crime, without acting
upon it, is not an offence because it causes no harm and cannot be proven.

10. Confessio facta in judicio omni probatione major est

Meaning: A confession made in court is stronger than any other form of proof.
Explanation:
A voluntary confession by the accused during judicial proceedings carries the highest evidentiary
value and can lead to conviction if found genuine.
Case Law: Muhammad Khan v. Sarkar, 1973 [Link] 269

11. Consuetudo et communis assuetudo vincit legem non scriptam, si sit specialis:
et interpretatur legem scriptam, si lex sit generalis

Meaning: Custom and common usage override unwritten law if special, and interpret written
law if general.
Explanation:
Long-standing customs have legal force. If a custom is specific and widely accepted, it can
override general unwritten law and help interpret written statutes.

12. Corpus Delicti

Meaning: The body of the crime.

Explanation:
Refers to the concrete evidence that a crime has been committed, e.g., a dead body in a murder
case or stolen goods in theft. Without proof of corpus delicti, conviction cannot stand.
Case Law: Inayat v. State, 1983 SCMR 539

13. Coram non judice

Meaning: Before a judge not having jurisdiction.

Explanation:
Any decision or proceeding conducted by a court lacking jurisdiction is void. Such actions are
said to be coram non judice (before a person who is not a judge in law).
Case Law: Muhammad Ahmad Sadiq v. Abdul Abid, PLD 2021 Karachi 1

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14. Consensus ad idem

Meaning: Meeting of minds or mutual consent.

Explanation:
For a contract to be valid, both parties must agree on the same thing in the same sense. This
―mutuality of minds‖ forms the basis of contractual consent.
Case Law: Raja Muhammad Hafeez v. Muhammad Ilyas, 2016 YLR (Note) 52

15. Cursus curiae est lex curiae

Meaning: The practice of the court is the law of the court.

Explanation:
A court’s consistent practice or procedure becomes part of its own law and must be followed
unless changed by competent authority.
Case Law: 1995 PTD (Trib.) 523

16. Custodia Legis

Meaning: In the custody of law.

Explanation:
When property is under the control of a court (e.g., through a receiver), it is said to be in custodia
legis, meaning no one can interfere with it without the court’s permission.
Case Law: Additional Registrar of the Companies v. M.G. Realtors (Pvt.) Ltd., 2021 CLD 1158

17. Cui jurisdictio data est, ea quoque concessa esse videntur sine quibus
jurisdictio explicari non potuit

Meaning: He who is given jurisdiction is deemed to have been granted all powers necessary to
exercise it.
Explanation:
When a court is conferred jurisdiction, it also gains implied powers required to carry out that
jurisdiction effectively.
Case Law: Justice Shaukat Aziz Siddiqui v. Federation of Pakistan, PLD 2018 SC 538

18. Cum confitente sponte mitius est agendum

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Meaning: One who confesses voluntarily should be treated leniently.
Explanation:
If an accused confesses voluntarily, courts should consider it a mitigating factor and impose a
lighter sentence.
Case Law: Muhammad Arif v. The State, 1991 [Link] 623

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 Legal Maxims (D)

1. Debitum in praesenti, solvendum in futuro

Meaning: A present debt or obligation, payment of which is to be made in the future.

Explanation:
This maxim refers to a debt that exists presently but is payable at a future date. The obligation
arises immediately, but its fulfillment (payment) is postponed.
Case Law: 1965 PTD 142 (Kerala High Court, India)

2. Delegatus non potest delegare

Meaning: A delegate cannot further delegate.

Explanation:
When authority is delegated to a person, it implies reliance on that person’s personal judgment
and discretion. Hence, the delegate cannot transfer that power to someone else unless the law
explicitly allows it.
Case Law: Allied Bank Limited v. Commissioner of Income Tax, Lahore, 2023 SCMR 1166

3. De Morte Hominis Nulla Est Cunctatio Longa

Meaning: No delay is long when it concerns the death of a person.

Explanation:
In matters relating to the death of a person, such as inheritance or investigation, law allows
sufficient time for inquiry and confirmation since human life and death are matters of utmost
importance.
Case Law: Gull Zaman v. Sher Zaman and others, PLD 1972 SC 26

4. De Facto

Meaning: In fact; existing in reality, even if not legally recognized.

Explanation:
The de facto doctrine upholds the actions of an officeholder who, though not legally appointed,
performs duties in good faith. It ensures continuity of governance and protects third parties.
However, this applies only if the office itself exists.
Case Law: Muhammad Shabir and another v. Quaid-e-Azam University through Vice
Chancellor, 2022 SCMR 487

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5. De Jure

Meaning: By law; legally rightful.

Explanation:
Something recognized de jure is lawful in principle, even if not existing in practice. It contrasts
with de facto, which means existing in fact but not in law.
Case Law: Abdul Basit Zahid v. Modaraba Al Tijarah, 2002 CLD 46

6. De Novo

Meaning: From the beginning or afresh.

Explanation:
When a case is heard de novo, it means it is retried as if it had never been heard before —
starting from the initial stage.
Case Law: Fida Hussain v. Chief Secretary, Khyber Pakhtunkhwa, 2023 SCMR 1109

7. Delay Defeats Equity

Meaning: Equity aids the vigilant, not those who slumber on their rights.
Explanation:
Those seeking equitable relief must act promptly. A long, unexplained delay can bar relief
because it may create rights or expectations for the other party.
Case Law: Muhammad Yasir v. Additional District Judge (West) Islamabad, 2021 YLR 1676

8. De Minimis Non Curat Lex

Meaning: The law does not concern itself with trifles.

Explanation:
Minor or trivial matters that cause no substantial harm are not addressed by the courts.
Recognized in Section 95, Pakistan Penal Code (PPC).

9. Detur Digniori

Meaning: Let it be given to the more deserving.

Explanation:

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When rights or rewards conflict, they should be given to the one more deserving or worthy, often
applied in moral, administrative, or equitable contexts.

10. Dominus Litis

Meaning: Master of the suit.

Explanation:
The plaintiff, being dominus litis, controls the litigation. He chooses against whom to file the
case and cannot be forced to include or exclude parties.
Case Law: Ali Asghar v. Raja Muhammad Saddique, 2021 CLC 1348

11. Donatio Mortis Causa

Meaning: Gift in contemplation of death.

Explanation:
A gift made by a person anticipating death, which takes effect only if the donor dies. The donor
gives possession during life but retains ownership until death.

12. Damnum Sine Injuria

Meaning: Damage without legal injury.

Explanation:
If someone suffers harm or loss but no legal right is violated, no compensation can be claimed.
The law protects rights, not mere losses or competition.

13. Doli Capax

Meaning: Capable of deceit (or capable of committing crime).

Explanation:
A child above 10 years of age is presumed to be doli capax — capable of understanding the
nature and consequences of their acts, and thus can be held legally responsible.
(Opposite: Doli Incapax — incapable of committing crime.)

14. Double Jeopardy

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Meaning: A person cannot be tried twice for the same offence.
Explanation:
The Constitution and criminal law forbid prosecuting or punishing an individual more than once
for the same cause or offence.
Case Law: Sohail Ahmad v. Government of Pakistan through Secretary of Interior, 2022 SCMR
1387

15. Dubio Secundum Reum Potius Quam Secundum Actorem Litem Dori
Oportet

Meaning: In case of doubt, the decision should favor the defendant rather than the plaintiff.
Explanation:
When evidence or facts are uncertain, courts should lean toward acquittal or relief of the
defendant, as the burden of proof lies on the claimant.
Case Law: Muhammad Khan Durani v. Abdul Ali Durani, 2020 MLD 426

Legal Maxims (E)

1. Ei Incumbit Probatio Qui Dicit Non Qui Negat

Meaning: The burden of proof lies on the one who asserts, not on the one who denies.
Explanation:
The person making a claim must provide evidence to prove it. Denying something does not
require proof unless the denial itself becomes an assertion.
Case Law: Muhammad Subhan v. Biqis Begum PLD 1994 Karachi 106

2. Ejusdem Generis

Meaning: Of the same kind or nature.

Explanation:
Used in statutory interpretation — when general words follow specific ones, the general words
are limited to things of the same type as those specifically mentioned.
Case Law: Al-Rai Memorial Education Society v. Commissioner Sindh Employees Social
Security Institute PLC 2008 Karachi 293

3. Each Day of Delay to Be Explained

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Meaning: Every day of delay must be justified.
Explanation:
When a person approaches a court after the prescribed time limit, they must explain each day’s
delay with sufficient cause. The law helps the vigilant, not the negligent.
Case Law: Umar Ahmad v. Additional District Judge, Burewala 2010 MLD 68

4. Equity Looks to the Intention and Not to the Form

Meaning: Equity regards the intent rather than the appearance.

Explanation:
Courts of equity focus on the real intention behind actions or contracts, not merely their formal
structure or wording.
Case Law: Muhammad Safdar Khan v. Muhammad Nadeem Abbasi 2021 MLD 617

5. Emins Nova Constitutio Futuris Forma Imponere Debet

Meaning: Every new law should regulate the future, not the past.
Explanation:
Laws are generally prospective, not retrospective — meaning they should apply to future actions,
not past events, unless expressly stated otherwise.
Case Law: Fazal-ur-Rehman v. Abdul Rasheed PLD 1967 Lahore 828

6. Equity Follows the Law

Meaning: Equity cannot override the law.

Explanation:
Where there is a conflict between common law and equity, the law prevails. Equity supplements
the law but never contradicts it.
Case Law: Abdul Sattar v. Mudassar Ali 2014 YLR 2087

7. Evidence Has to Be Weighed and Not Counted

Meaning: Quality of evidence matters more than the number of witnesses.

Explanation:
A single credible witness can be sufficient for conviction; it’s the weight and credibility, not
quantity, that counts.
Case Law: Qurban v. State 2015 YLR 2018

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8. Ex Injuria Jus Non Oritur

Meaning: No right can arise from a wrong.

Explanation:
A person cannot derive a legal right from an unlawful act. Law does not recognize claims based
on illegality.
Illustration: A trespasser cannot sue the landowner for getting injured during the trespass.

9. Estoppel

Meaning: To stop or prevent.

Explanation:
A person is barred from denying or asserting something contrary to what they previously
represented or admitted by their words or conduct.
Case Law: Muhammad Raqeeb v. Government of Khyber Pakhtunkhwa 2023 SCMR 992

10. Ex Officio

Meaning: By virtue of one’s office.

Explanation:
Refers to authority or position automatically granted by holding another office.
(Example: The Vice-Chancellor is ex officio Chairman of the Academic Council.)

11. Ex Post Facto

Meaning: After the fact or retrospective.

Explanation:
A law that applies to acts committed before its enactment. Generally, criminal laws are not
applied ex post facto.

12. Ex Parte

Meaning: In the absence of one party.

Explanation:
A decision or order made by the court in favor of one party when the other party is not present or
heard.

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13. Ex Debito Justitiae

Meaning: As a matter of right arising from justice.

Explanation:
When a person is entitled to a remedy not by discretion but by right; the court must grant it to
correct a procedural wrong or injustice.
Case Law: Junaid Wazir v. Superintendent of Police PRU/Dolphin Police Lahore 2024 SCMR
181

14. Expressim Facit Cassare Tacitum

Meaning: What is expressly mentioned excludes what is impliedly silent.

Explanation:
If the law specifies a particular procedure, it should be done in that manner only — not
otherwise.
Case Law:

 Fair Trading Company v. Additional Collector of Customs 2020 PTD 2069

 Main Shaukat Ali v. Punjab Public Service Commission 2019 SCMR 118

15. Ex Turpi Causa Non Oritur Actio

Meaning: No action arises from an immoral or illegal cause.

Explanation:
A person cannot seek legal remedy for a cause based on their own illegal act.
Case Law: Mirza v. Patel 2016 SCMR 1637

16. Ex Dolo Malo Non Oritur Actio

Meaning: No right of action can arise from fraud.

Explanation:
Courts will not aid a person whose cause of action is founded on fraud or deceit.
Case Law: Surraya Begum v. Aftab Ahmad Khan 1995 CLC 1603

17. Ex Antecedentibus et Consequentibus Fit Optima Interpretatio

23
Meaning: The best interpretation is that which considers the whole context.
Explanation:
A contract or document should be read as a whole — the meaning of any clause must be drawn
from its context and relation to other parts.
Case Law: Iqbal Begum v. Abdul Ghaffar 1995 CLC 105

18. Expressio Unius Est Exclusio Alterius

Meaning: The express mention of one thing implies the exclusion of others.
Explanation:
If the law mentions one specific method or person, it excludes others by implication.
Case Law: Electric Equipment Manufacturing Co. Ltd Sheikhupura v. Government of Punjab
1979 PLC 416

Legal Maxims (F)

1. Factum Probandum

Meaning: The fact which needs to be proved.

Explanation:
Refers to the main fact or proposition that requires proof through evidence. It represents the
ultimate fact in issue that the evidentiary facts (facta probantia) are meant to establish.
(Example: In a murder trial, the “factum probandum” is that the accused committed the
murder.)

2. Falsus in Uno, Falsus in Omnibus

Meaning: False in one thing, false in everything.

Explanation:
A principle suggesting that if a witness lies about one material point, his entire testimony may be
disregarded.
However, Pakistani courts treat it cautiously — rejecting only the false parts while accepting
what is proved true.
Case Law:

 Muhammad Nawaz alias Niazi v. The State 2023 PCrLJN 87

 Muhammad Umair v. State 2023 PCrLJN 2

24
3. Falsa Demonstratio Non Nocet

Meaning: A false description does not invalidate the document or proceeding.

Explanation:
If the intent of a document or proceeding is clear, a wrong name, title, or misdescription does not
make it invalid. The law values substance over form.
Case Law:

 Pio Gul v. The State PLD 1960 SC (Pak) 307

 Matiullah v. Mst. Saddiq 2017 MLD 1871

4. Fiat Justitia Ruat Coelum

Meaning: Let justice be done though the heavens fall.

Explanation:
This maxim declares that justice must be served regardless of consequences or external
pressures. The court must remain steadfast in delivering justice.
Case Law:
Malik Zafar Ali Awan, DSP Crime Branch Muzaffarabad Azad Kashmir v. Azad Government of
the State of Jammu and Kashmir 2023 PLC (CS) 844

5. Flagrante Delicto

Meaning: In the very act of committing the offense.

Explanation:
Used when a person is caught red-handed or in the actual commission of a crime.
In criminal law, provocation caused by witnessing adultery (under Section 302 & 304, PPC) may
reduce murder to culpable homicide not amounting to murder.

6. Force Majeure

Meaning: Superior or irresistible force.

Explanation:
Refers to unforeseen events beyond human control (e.g., natural disasters, wars, strikes) that
prevent fulfillment of contractual obligations. Parties may be excused from liability in such
situations.
Case Law: Abdul Waheed v. Additional District Judge PLD 2021 Lahore 453

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7. Fraus et Jus Nunquam Cohabitant

Meaning: Fraud and justice never dwell together.

Explanation:
Any legal right or benefit obtained through fraud cannot stand. Fraud nullifies every act, order,
or judgment it infects.

8. Fraus est Celare Fraudam

Meaning: Concealment of fraud is itself fraud.

Explanation:
Hiding or suppressing fraud is considered participation in it. The law treats concealment as
equivalent to the original deceit because it prevents discovery and justice.

9. Functus Officio

Meaning: Having discharged one’s duty; lacking power to revisit the decision.
Explanation:
Once a court or authority has performed its official act or delivered a judgment, it cannot reopen
or alter that decision except under review powers provided by law.
Case Law: Imran Ahmad Khan Niazi v. Federation of Pakistan through Secretary Law and
Justice Division, Islamabad PLD 2024 102

10. Furiosi Nulla Voluntas Est

Meaning: A person of unsound mind has no free will.

Explanation:
A mentally impaired or insane person cannot enter into a valid contract or execute a valid legal
instrument, as their consent lacks rational will or understanding.

11. Furiosus Absentis Loco Est

Meaning: A lunatic is considered as one who is absent.

Explanation:
A person of unsound mind is legally treated as absent because they cannot manage their affairs
or participate in legal acts.

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 Legal Maxims (G)
1. Generalia specialibus non derogant
Meaning: General things do not derogate from special things.
Explanation: When a special law covers a specific subject, it overrides the general law that
might otherwise apply. The specific provision displaces the general one.
Case: Securities and Exchange Commission of Pakistan v. Adnan Faisal (2019 CLD 242)

2. Generalibus specialia derogant / Generalia specialibus non derogant

Meaning: Special things derogate from general things, and general things do not derogate from
special things.
Explanation: A special or later Act takes precedence over a general one on the same subject,
even if it doesn’t explicitly repeal it, because it represents the latest intention of Parliament.
Case: Qamar Hussain Shah v. State (PLD 2006 Karachi 331)

3. Give the dog a bad name and hang him

Meaning: A person with a bad reputation is easily accused or punished for future wrongdoing.
Explanation: It reflects bias — once someone’s image is tainted, others expect misconduct even
without proof.
Case: Aftab Ahmad Cheema v. Secretary to Government of Punjab, Home Department (1985
PLC CS 535)

Legal Maxims (H)

4. Habeas Corpus
Meaning: ―Have the body.‖
Explanation: A constitutional remedy commanding that a person detained illegally be brought
before the court. It protects personal liberty.
Case: Abdul Rauf v. Government of Punjab (2023 YLR 2525)

5. He who seeks equity must do equity

Meaning: One who wants equitable relief must act fairly and honestly.
Explanation: A plaintiff seeking an injunction or equitable remedy must come with clean hands.
Dishonesty or unfair conduct defeats equitable relief.
Case: Atif Ahmad v. Securities and Exchange Commission of Pakistan (2023 CLD 313)

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 Legal Maxims (I)
6. In pari delicto potior est conditio defendentis
Meaning: In case of equal fault, the defendant’s position is stronger.
Explanation: If both parties are equally at fault, the law favors the defendant.
Case: Muhammad Mehmood Qureshi v. U.B.L (PLD 1994 Karachi 323)

7. In favorem vitae, libertatis et innocentiae, omnia praesumuntur

Meaning: All presumptions are in favor of life, liberty, and innocence.
Explanation: Courts presume innocence and favor liberty unless strong evidence proves
otherwise.
Case: State through Regional Director ANF v. Aziz-ur-Rehman (2014 YLR 879)

8. Ignorantia legis neminem excusat

Meaning: Ignorance of law is no excuse.
Explanation: One cannot plead ignorance of the law to escape liability.
Cases:

 Hamid Mohamed Ahmed Ali Rehaif v. United States (2019 SCMR 1332)
 Collector of Customs, MCC, Islamabad v. Israr (2021 PTD 501)

9. Ignorantia excusatur juris sed facti

Meaning: Ignorance of fact is excused, but ignorance of law is not.
Explanation: If someone is unaware of a fact (not the law), the court may excuse it; but
ignorance of legal duty or rule is not excused.
Case: Mst. Riyasat Begum v. Ejaz Ahmad (2023 CLC 597)

10. Ignorantia praesumitur ubi scientia non probatur

Meaning: Ignorance is presumed where knowledge is not proved.
Case: Muhammad Shafiullah v. Government of Pakistan (PLD 2002 Peshawar 50)

11. Ignorantia juris sui non praejudicat juri

Meaning: Ignorance of one’s right does not prejudice that right.
Explanation: If a person is unaware of their right, it doesn’t mean they lose it.
Case: Khalif Dad v. Muhammad Gull (1999 CLC 1892)

12. Impossibilium nulla obligatio est

Meaning: There is no obligation to do impossible things.
Explanation: Law does not compel the performance of what cannot be done.
Case: Gull Zamaan v. Shyr Zaman (PLD 1972 SC 26)

13. Impotentia excusat legem

Meaning: Inability excuses from the law.
Explanation: If a person cannot perform a legal duty due to impossibility or incapacity, the law

28
excuses them.
Case: Gull Zamaan v. Shyr Zaman (PLD 1972 SC 26)

14. In pari materia

Meaning: On the same subject matter.
Explanation: Statutes dealing with the same subject should be read together to understand
legislative intent.
Case: Justice Qazi Faiz Isa v. The President of Pakistan (PLD 2021 SC 1)

15. In limine
Meaning: On the threshold.
Explanation: Refers to matters dismissed or decided at the initial stage of proceedings.

16. Injuria non excusat injuriam

Meaning: One wrong does not justify another.
Case: Abdul Majid v. Tehsildar Municipal Administration (2020 CLC 1279)

17. Injuria sine damnum

Meaning: Legal injury without actual loss.
Explanation: Violation of a legal right is actionable even without proof of damage.
Case: Karachi Municipal Corporation v. M.H. Qadri (1988 PLC CS 196)

18. In lieu of
Meaning: In place of / instead of.
Case: Pizada Noor-ul-Basar v. Mst. Pakistan Bibi (2023 SCMR 1980)

19. In rem / In personam

Meaning:

 In rem – affects all persons (public at large).

 In personam – affects specific individuals.
Case: Government of Khyber Pakhtunkhwa v. Maqsad Hayat (2023 SCMR 8)

20. Inter alia

Meaning: Among other things.
Example: Article 14 of the Constitution inter alia ensures dignity of man and privacy of home.

21. Inter vivos

Meaning: Between living persons.
Explanation: A transfer or transaction taking effect during the lifetime of the parties.
Case: Faraz Ahmad Bhutta v. Additional District Judge (PLD 2011 Lahore 483)

22. Interest reipublicae ut sit finis litium

Meaning: It is in the interest of the State that there be an end to litigation.
Explanation: Law favors finality of judgments to maintain order and certainty.
Case: Muhammad Raqeeb v. Government of Khyber Pakhtunkhwa (2023 SCMR 992)

29
23. Ipso facto
Meaning: By the very fact itself.
Explanation: Something that follows automatically as a result of a fact.
Case: Vazir Ali v. State (2023 YLR 1582)

24. Irreparable loss

Meaning: A loss that cannot be compensated or measured in money.
Case: Atif Ahmad v. Securities and Exchange Commission of Pakistan (2023 CLD 313)

Legal Maxims (J)

1. Jus cogens (or Ius cogens)
Meaning: Compelling law / Peremptory norm of international law.
Explanation: A fundamental principle of international law that binds all states without exception
(e.g., prohibitions against genocide, slavery, or torture). States cannot deviate from these norms
even by treaty.

2. Jus naturale
Meaning: Natural law.
Explanation: The body of principles based on morality, justice, and human reason, forming the
foundation of legal systems and fundamental rights.

3. Jus necessitatis
Meaning: Right of necessity.
Explanation: When a person acts out of necessity—doing something ordinarily unlawful to
prevent greater harm—they may be exempted from punishment.
Example: A person breaking into a house during a flood to save their life.

4. Jus scriptum
Meaning: Written law.
Explanation: All laws that are written—whether enacted by legislation or recorded customs.
Opposite to Jus non scriptum (unwritten or customary law).

5. Jus soli
Meaning: Right of the soil.

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Explanation: The principle that nationality or citizenship is determined by birthplace. Anyone
born within a country’s territory acquires its nationality by birth.

6. Jus sanguinis
Meaning: Right of blood.
Explanation: The principle that nationality is determined by parentage, i.e., a child inherits
citizenship from one or both parents.

7. Justitia nemini neganda est

Meaning: Justice is to be denied to no one.
Explanation: Every individual has the right to seek justice, and the courts must provide it
promptly and fairly.
Also expressed as: Justitia non est neganda, non differenda — Justice is not to be denied or
delayed.

8. Judicis est jus dicere non dare

Meaning: It is the duty of a judge to declare the law, not to make it.
Explanation: Judges interpret and apply existing law; they cannot legislate.
Case: Gull Zaman v. Sher Zaman (PLD 1972 SC 26)

9. Justice delayed is justice denied — and justice hurried is justice buried

Meaning:

 If justice takes too long, it loses its meaning.

 If decided too quickly, without due care, it loses fairness.
Explanation: Courts must balance speed with fairness — justice must be both timely and
thoughtful.
Case: Miss Naseema Yousuf v. Tehseen Abbas Gilgiti (2020 PLD 68)

10. Justice should not only be done but should manifestly be seen to be done
Meaning: Justice must appear impartial and transparent to the public.
Explanation: Even if a judge is unbiased, if circumstances create a perception of bias, the case
should be transferred or reconsidered.
Case: Ghulam Server v. The State (1996 PCrLJ 1142)

31
11. Judicial officium suum excedient non paretur
Meaning: No obedience is owed to a judge who exceeds his jurisdiction.
Explanation: A decision given beyond the lawful authority of a judge has no legal effect; it is
void and unenforceable.

Legal Maxims (L)

1. Leges posteriores priores contrarias abrogant
Meaning: Later laws repeal earlier conflicting laws.
Explanation: When a new law contradicts an older one, the newer law prevails.
Case: Messrs Usmani Associates v. Central Board of Revenue (2001 PTD 2982)

2. Lex semper debet remedium

Meaning: The law must provide a remedy.
Explanation: Every legal right must have a corresponding remedy; a right without a remedy is
meaningless.
Case: All Pakistan Textile Mills Association v. Federation of Pakistan (PLD 2009 Lahore 494)

3. Lex non cogit ad impossibilia

Meaning: The law does not compel a person to do the impossible.
Explanation: Legal obligations are limited to what is humanly and practically possible.
Case: Muhammad Yar v. Muhammad (2003 SCMR 1772)

4. Lex fori
Meaning: Law of the forum (law of the court where the case is filed).
Explanation: The procedural law of the country where a case is brought governs the
proceedings.
Case: Khuda Bakhsh v. The State (2023 MLD 1983)

5. Lex neminem cogit ostendere quod nescire praesumitur

Meaning: The law does not compel anyone to disclose what they are presumed not to know.
Case: Muhammad Shafiullah v. Government of Pakistan (PLD 2002 Peshawar 50)

32
6. Lex non a rege est violanda
Meaning: The law is not to be violated even by the King.
Explanation: No one, regardless of rank or power, is above the law.
Case: Mumtaz alias Bhutto v. State (2021 PCrLJ 1300)

7. Locus standi
Meaning: Legal standing or right to bring a case.
Explanation: A person must have a direct interest or be affected by an issue to bring it before
court.
Case: Public Interest Law Association of Pakistan v. Federation of Pakistan (2023 CLC 1535)

8. Locus poenitentiae
Meaning: Opportunity to withdraw or repent before a decision becomes final.
Case: Mumtaz Ali Narai v. Chief Secretary, Government of Sindh (2008 PLC CS 255)

9. Lex loci solutionis

Meaning: Law of the place where the contract is to be performed.
Case: K.S.B. Pumps Co. Ltd. v. Islamic Republic of Pakistan (PLD 1979 Karachi 269)

Legal Maxims (M)

10. Malum prohibitum
Meaning: An act that is wrong only because it is prohibited by law.
Case: Saeed Ghani v. Dr. Shahid Masood (2022 YLR N 3)

11. Mala fide

Meaning: In bad faith; with dishonest intent.
Case: Director General Intelligence Bureau v. Riaz ul Wahab (2023 SCMR 877)

12. Mandamus
Meaning: A writ commanding a public official to perform a legal duty.
Case: Muhammad Ashfaq v. Imran Nadeem (PLD 2023 Lahore 694)

33
13. Mens rea
Meaning: Guilty mind; criminal intent.
Explanation: For conviction, both mens rea (intent) and actus reus (act) must be proven.
Case: Muhammad Touqeer v. State (2023 YLRN 40)

14. Mutatis mutandis

Meaning: With necessary changes having been made.
Explanation: A legal rule applies to a new situation with only necessary modifications.
Case: All Swat Paper Chips & Pops Owners Association v. Bakht Afsar (2019 PCrLJ 225)

Legal Maxims (N)

15. Necessitas non habet legem
Meaning: Necessity knows no law.
Explanation: In emergencies, actions normally illegal may be justified by necessity.

16. Necessitas publica major est quam privata

Meaning: Public necessity outweighs private interest.
Case: Shafiqur Rehman v. PDA Peshawar (2015 CLC 814)

17. Neminem oportet legibus esse sapientiorem

Meaning: No one should think themselves wiser than the law.

18. Nemo contra factum suum venire potest

Meaning: No one can go against their own act.
Case: Arbab Muhammad Kabir Khan v. Arbab Abdul Rehman (2020 YLR 2645)

19. Nemo dat quod non habet

Meaning: No one can transfer a better title than they possess.
Case: Muhammad Jameel v. Abdul Ghafoor (2022 SCMR 348)

34
20. Nemo debet bis vexari pro una et eadem causa
Meaning: No one should be tried twice for the same cause (Double jeopardy).
Case: Dr. Hazrat Khan v. The State (2023 MLD 312)

21. Nemo judex in causa sua

Meaning: No one should be a judge in their own cause.
Case: Shaheryar Gul v. Government of KPK (2022 PLC (CS) 985)

22. Nemo debet bis puniri pro uno delicto

Meaning: No one should be punished twice for one offence.
Case: Ubedullah Pahore v. NAB (PLD 2020 Karachi 739)

23. Nemo fit repente turpissimus

Meaning: No one becomes dishonest all of a sudden.
Case: Muhammad Zubair v. National Command Authority (2018 PLC (CS) 519)

24. Nemo in communione potest invitus detineri

Meaning: No one can be forced to remain in joint ownership against their will.
Case: Noor Muhammad v. Allah Ditta (PLD 2009 SC 198)

25. Nemo moriturus praesumitur mentire

Meaning: A dying person is not presumed to lie (basis of dying declaration).

26. Nemo plus juris in alium transferre potest quam ipse habet
Meaning: No one can transfer a better right than he himself possesses.
Case: Saifullah Khan Bangash v. Jaseem Khan (2017 CLC 84)

27. Nemo potest esse tenens et dominus

Meaning: One cannot be both tenant and landlord at the same time.

35
28. Nemo tenetur accusare se ipsum nisi coram Deo
Meaning: No one is bound to accuse himself except before God.
Explanation: Protects against self-incrimination.

29. Nemo prohibetur pluribus defensionibus uti

Meaning: A person may use multiple defences simultaneously.

30. Nihil facit error nominis cum de corpore constat

Meaning: An error in name is irrelevant if the identity is clear.

31. Nolle prosequi

Meaning: A formal notice that a prosecutor will no longer pursue a case.

32. Non sequitur

Meaning: A conclusion or statement that does not logically follow from the previous one.

33. Non obstante veredicto

Meaning: Judgment notwithstanding the verdict.

34. Non est factum

Meaning: ―It is not my deed.‖ Used when someone denies signing a document knowingly.
Case: Mst. Waris Jan v. Liaqat Ali (PLD 2019 Lahore 333)

35. Nova constitutio futuris imponere debet non praeteritis

Meaning: A new law should apply to future acts, not to past ones (non-retroactivity).
Case: Sara Enterprises v. Secretary Finance, Balochistan (PLD 2024 Quetta 13)

36
36. Noscitur a sociis
Meaning: A word is known by the company it keeps (interpretation by context).
Case: Shakeel Shah v. State (2022 SCMR 1)

37. Nullus commodum capere potest de injuria sua propria

Meaning: No one can take advantage of their own wrong.
Case: Allah Ditta v. Muhammad Anwar (2022 YLR 336)

38. Nullum crimen sine lege / Nulla poena sine lege

Meaning: No crime without law; no punishment without law.
Case: Falak Sher v. Government of Punjab (2022 MLD 1900)

39. Nunc pro tunc

Meaning: ―Now for then‖ — an order made to have retroactive legal effect.
Case: Fazal Din v. The State (1982 PCrLJ 277)

Legal Maxims (O)

1. Obiter Dicta
Meaning: Remarks or opinions of a judge which are not essential to the decision — hence, not
binding.

 Ratio decidendi = binding reasoning.

 Obiter dicta = persuasive only.
Case: Ayesha Sajid v. Federation of Pakistan (2022 CLC 1188)

2. Onus Probandi
Meaning: The burden of proof lies on the one who asserts a fact.
If someone claims a right or liability, they must prove the facts supporting it.
Case: Nasir Ali v. Muhammad Asghar (2022 SCMR 1054)

37
3. Omnia Praesumuntur Legitime Facta Donec Probetur in Contrarium
Meaning: Every act is presumed to have been lawfully done unless proved otherwise.
Used to maintain presumption of regularity in official actions.

4. Omnia Praesumuntur Rite et Solenniter Esse Acta

Meaning: All acts are presumed to have been done properly and regularly.
This is recognized in Article 129(e) of the Qanun-e-Shahadat Order, 1984.
Case: Rohail Rizwan Qureshi v. Global Cosmetics Co. (2021 PLC 30)

5. Omnia Praesumuntur Contra Spoliatorem

Meaning: Every presumption is made against a wrongdoer.
Case: F.M.C. United (Pvt.) Ltd. v. P.O.P. (2009 PCrLJ 1319)

6. Optima Est Lex Quae Minimum Relinquit Arbitrio Judicis: Optimus Judex Qui
Minimum Sibi
Meaning:

 Best system = gives least discretion to the judge.

 Best judge = uses least of his own discretion.

7. Once a Tenant, Always a Tenant

Meaning: A tenant remains a tenant unless tenancy is legally terminated.
Case: Sikandar Hayat Gondal v. Bashir Ahmad Qureshi (2023 MLD 797)

8. Optima Legum Interpres Est Consuetudo

Meaning: Custom is the best interpreter of law.
A long-standing practice helps clarify vague laws.
Case: Razak v. Usman (PLD 1975 Karachi 944)

9. Omne Majus Continet in Se Minus

Meaning: The greater power includes the lesser.
If a judge can decree a suit, he can also pass incidental orders like demanding security.
Case: Agrofoster (Pvt.) Ltd. v. Judge Banking Court No. 5 (PLD 1999 Karachi 398)

38
 Legal Maxims (P)
1. Pacta Sunt Servanda
Meaning: Agreements must be honored.
Parties are bound to follow the agreed terms.
Case: Shafiq-ul-Hassan v. Federation of Pakistan (2020 PLC CS 1593)

2. Pari Delicto Potior Est Conditio Defendentis

Meaning: When both parties are at fault, the defendant’s position is stronger.
Courts do not help a party equally guilty in an immoral or illegal act.
Case: Mirza v. Patel (2016 SCMR 1637)

3. Pari Delicto Potior/Melior Est Conditio Possidentis

Meaning: If both sides are equally at fault, the possessor’s position is better.
Case: Ghousuddin v. Executive Engineer, WAPDA (1989 CLC 1789)

4. Pari Passu
Meaning: On equal footing or with equal rank.
Used in distribution of assets or priorities among creditors.
Case: Bankers Equity Ltd. v. Galadari Cement (2023 CLD 253)

5. Particeps Criminis
Meaning: An accomplice in crime.
But a bribe given under compulsion doesn’t make one a particeps criminis.
Case: Noor Muhammad v. The State (PLD 1963 SC 38)

6. Pendente Lite, Nihil Innovetur

Meaning: Nothing new should be introduced during pending litigation.
Embodied in Section 52 of the Transfer of Property Act.
Cases:

 Allah Ditta v. Muhammad Anwar (2022 YLR 336)

39
  Mst. Naseem Sajjad v. Additional District Judge (2021 CLC 1319)

7. Per Se
Meaning: ―By itself‖ or ―in itself.‖
Used to mean something is evident on its own, without additional proof.

8. Persona Non Grata

Meaning: An unacceptable or undesirable person.
Case: Masud Ali Khan v. Government of Pakistan (1992 PLC CS 592)

9. Per Incuriam / Per Curiam

Meaning:

 Per incuriam = given in ignorance of law or precedent.

 Per curiam = by the court as a whole.
Cases:
 Sindh High Court Bar Association v. Federation (PLD 2009 SC 879)
 Ayesha Sajid v. Federation (2022 CLC 1188)

10. Prior Tempore Potior Iure (Lex Posterior)

Meaning: He who is earlier in time is stronger in right.
Priority is given to earlier claimants.

11. Prima Facie

Meaning: At first glance; accepted as correct until disproved.
Case: Atif Ahmad v. SECP (2023 CLD 313)

12. Power Corrupts and Absolute Power Corrupts Absolutely

Meaning: Unchecked authority leads to corruption and abuse.
Case: 2005 PTD 745

40
13. Palimony
Meaning: Financial support granted to a partner from a non-marital relationship upon separation.

14. Propositus
Meaning: The person from whom descendants are traced (in inheritance).

15. Praesumuntur Rite Esse Acta

Meaning: Transactions are presumed to be done in good faith; burden of proving bad faith lies on
the accuser.
Case: Central Bank of India v. Muhammad Abdul Jalil Shah (1999 CLC 671)

16. Permutatio Vicina Est Emptioni

Meaning: Exchange is similar to sale.
Used in contract law when considering barter as akin to sale.
Case: Pakistan v. Ismail Jee & Sons Ltd. (1980 CLC 1522)

Legal Maxims (Q)

1. Quantum Meruit:
―As much as he deserves.‖
When Section 70 of the Contract Act applies and no specific compensation is stated, the Court
may award a reasonable payment for services rendered. It is not applicable where the contract
already specifies consideration.
Case: Manhattan Pakistan Pvt. Ltd. v. Government of Pakistan, PLD 2000 Karachi 22

2. Quando Aliquid Prohibetur ex Directo, Prohibetur et per Obliquum:

What cannot be done directly must not be done indirectly either.
This maxim prevents the evasion of law through indirect means.

3. Quando Aliquid Mandatur, Mandatur et Omne per Quod Pervenitur ad Illud:

When anything is commanded, everything necessary to accomplish it is also commanded.

41
4. Quando Lex Aliquid Alicui Concedit, Concedere Videtur et Illud Sine Quo Res Ipsa Esse
Non Potest:
When the law grants a right, it is deemed to grant all that is necessary for its exercise.
Cases:

 Asma Hafeez v. City Police Officer, Gujranwala, 2012 PLC (CS) 1025
 State v. Fazeelat Bibi, PLD 2010 Lahore 498

5. Qui Facit per Alium, Facit per Se:

He who acts through another, acts himself.
A person may lawfully do through an agent what he can do personally.
Case: Pakistan v. Messrs H. Pir Muhammad Shamsuddin, PLD 1962 Karachi 810

6. Qui Approbate Non Reprobat:

One who accepts cannot later reject the same thing.
No one can both approbate and reprobate simultaneously.
Case: Asrar Ahmad v. Chairman Pakistan Aeronautical Complex Board, KAMRA, 2023
SCMR 1427

7. Qui Peccat Ebrius, Luat Sobrius:

He who sins while drunk must be punished when sober.
Intoxication is no defense to wrongdoing; accountability remains after sobriety.

8. Quid Pro Quo:

―Something for something.‖
A reciprocal exchange — a favor or benefit given in return for another.
Case: Attock Petroleum Ltd. v. National Highway Authority, 2022 PTD 222

9. Qui Sentit Commodum, Sentire Debet et Onus:

He who enjoys the benefit must also bear the burden.
Privileges come with corresponding responsibilities.

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10. Quicquid in Ædificatur Solo, Solo Cedit:
Whatever is built upon the land becomes part of the land.
A structure built by a stranger belongs to the landowner.
Case: Qadeeruddin Ahmad v. Director Excise & Taxation, PLD 1970 Karachi 1

11. Qui Prior Est Tempore, Potior Est Jure:

He who is earlier in time is stronger in right.
Priority in time gives priority in law.
Case: Saudi Pak Commercial Bank Ltd. v. A.H. International (Pvt.) Ltd., 2007 CLD 175

12. Quod Fieri Non Debuit Factum:

That which ought not to have been done becomes valid once done.
Also expressed as Factum Valet — once an act is completed and ratified, its initial procedural
irregularity is cured.
Case: Muhammad Aslam Khan v. Federal Land Commission, PLD 1976 Peshawar 66

13. Quo Warranto:

A writ requiring a person to show by what authority they hold a public office.
Courts issue it sparingly — not as a matter of right but of discretion, especially where bad faith
or delay exists.
Cases:

 Rizwan Ali Sayal v. Federation of Pakistan, PLD 2024 Lahore 54

 Abrar Hassan v. Government of Pakistan, PLD 1976 SC 315
 Asif Hassan v. Sabir Hussain, 2019 SCMR 1720

Legal Maxims (T)

1. Terra Nullius:
A land without any owner.
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2. Trial de Novo:
To do the fresh trial again from the beginning.
3. Tentum et tale:
This and such.

Legal Maxims (U)

4. Ubi jus ibi remedium:
A corresponding remedy is always available to an existing right.
This principle acknowledges the existence of a legal right and can be invoked even when
the law appears to lack a remedy for enforcing that right.
Case Reference: Sana Jamali v. Mujeeb Qamar (2023 SCMR 316)
5. Ut res magis valet quam pereat:
It’s preferable for something to be effective rather than rendered void.
The Court should strive, whenever possible, to avoid interpretations that attribute
unreasonableness to the legislature’s intent.
When interpreting any law or provision, the primary objective should be to ensure the
law’s survival, with a presumption in favor of its constitutionality. Interpretations that
render the statute or its provisions inoperative or unworkable should be avoided.
While the Court has the authority to invalidate a law if it is unconstitutional, it should
refrain from introducing inaccuracies, absurdities, or unduly restrictive interpretations
that make the law meaningless or ineffective.
Case Reference: Federation of Pakistan through Secretary Ministry of Communications
Islamabad v. Shujja Sharif (2023 SCMR 129)

Legal Maxims (V)

6. A verbis legis non est recedendum:
There will be no departure from the words of law.
Case Reference: Inhabitants of Village Leepa v. District Judge Jehlum Valley/Hattian
Bala (2022 CLC 1912)
7. Verba cum effectu accipienda sunt:
Every provision and every word ought to be interpreted or used so as to give them their
effect.
No word or provision should be ignored or duplicated. Redundancy should not be
attributed to legislation, as words are presumed to have been used purposefully.
Case Reference: Messrs Zakwan Steel and others v. Federation of Pakistan through
Secretary (Revenue/Chairman) and others (2023 PTD 9)

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8. Verba relata hoc maxime operantur per refrentiam ut in eis inessee vindentur:
Words referenced in a document have the same effect and operation as if they were
explicitly included in the clause that mentions them.
Case Reference: Rana Aamir Raza Ashfaq v. Dr. Minhaj Ahmad (2012 SCMR 6)
9. Veto:
A right to reject a decision made by an adjudicating body.
10. Vigilentibus non dormientibus aequitas subvenit:
Law aids the vigilant, not those who sleep on their rights.
―Sleeping over one’s rights‖ refers to a situation where delay bars a legal claim due to
laches. Writ jurisdiction, being discretionary, may not be invoked by a negligent or
careless party.
Case References:
o Malik Shah Jahan v. Government of Khyber Pakhtunkhwa (2023 PLC (CS) 236)
o Settlement Commissioner Board of Revenue v. Syed Ashfaque Ali (PLD 2003 SC
132)
11. Vice versa:
With the same items in reverse or conversely.
12. Vis major:
A greater or irresistible power or force.
13. Vox Populi:
Majority view or opinion of a larger number of persons.
14. Voluntas in delictis non exitus spectatur:
In crimes, the focus is on intent rather than outcome.
15. Volenti non fit injuria:
A willing person suffers no harm.
That to which a man consents cannot be considered an injury.
Case Reference: United Exports Company, Karachi v. Regional Tax Officer through
Commissioner, Enforcement and Collection Division, Karachi (2011 PTD 1128)

Legal Maxims (W)

16. Waiver:
An act of relinquishment of a right or claim.
17. Wherever there was a wrong there was a remedy:
This legal maxim ensures that a remedy exists for every injury.
If neither Civil Courts nor the Companies Judge passes any order in a company dispute, a
legal vacuum may cause injustice. In such a situation, Civil Courts may intervene until a
decisive order is issued.
Case Reference: Main Ejaz Siddique and others v. Mst. Kaneez Begum and 2 others
(1992 CLC 1658)

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 LEGAL MAXIMS — 100 MCQs
(Each question has four options: A, B, C, D)

1. Actus non facit reum nisi mens sit rea means:

A) An act does not make a person guilty unless there is guilty intent.
B) Every act is a crime.
C) Law punishes intention alone.
D) Ignorance of law excuses crime.
2. Actus reus refers to:
A) The mental element of crime.
B) The physical act or omission constituting a crime.
C) The sentence imposed.
D) The motive behind an act.
3. Mens rea in criminal law denotes:
A) The mensuration of damages.
B) The guilty mind or criminal intention.
C) The burden of proof.
D) The quantum of restitution.
4. Nemo debet bis vexari pro una et eadem causa means:
A) A person should not be prosecuted or punished twice for the same cause.
B) A person must be punished twice for the same offence.
C) Trial must be held in two courts simultaneously.
D) Civil suits can always be repeated.
5. Audi alteram partem requires that:
A) Both sides are heard before decision — no one be condemned unheard.
B) Evidence of one side suffices.
C) Jury alone decides facts.
D) No hearing is necessary in administrative matters.
6. Nemo judex in causa sua embodies:
A) The rule that no one should be judge in his own cause (no bias).
B) The doctrine that judges decide their own affairs.
C) That accused can be judge of their case.
D) That parties may sit as judges.
7. Ignorantia juris non excusat stands for:
A) Ignorance of fact excuses responsibility.
B) Ignorance of the law is no excuse.
C) Courts must inform parties of all laws.
D) Ignorance of law is always a defense.
8. Res judicata means:
A) A matter already adjudicated by a competent court cannot be re-litigated.
B) Any judgment may be re-opened at will.
C) Every dispute is sub judice forever.
D) A judgment is only persuasive.

46
9. Res ipsa loquitur is applied when:
A) The defendant proves his innocence automatically.
B) The circumstance shows negligence because the accident itself implies it.
C) The plaintiff has no burden.
D) The matter is outside court jurisdiction.
10. Volenti non fit injuria means:
A) If a person consents to a risk, he cannot claim an injury for that risk.
B) Consent increases liability automatically.
C) Consent is irrelevant in torts.
D) Consent removes all legal consequences always.
11. De minimis non curat lex means:
A) Law attends to trifles diligently.
B) The law does not concern itself with trifles (insignificant matters).
C) Small harms deserve heavy remedies.
D) Courts must decide trivial issues.
12. Ubi jus ibi remedium means:
A) Remedy exists irrespective of legal right.
B) Where there is a right, there must be a remedy.
C) Rights are irrelevant to remedies.
D) Remedies are always statutory only.
13. Qui facit per alium facit per se signifies:
A) Acting through another is not acting at all.
B) One who acts through an agent is treated as acting himself.
C) Agents always escape liability.
D) Agency is void ab initio.
14. Salus populi suprema lex esto expresses:
A) Public welfare should be the supreme law.
B) Private interests override public welfare.
C) The King’s pleasure is supreme.
D) Law must never consider public good.
15. Lex non cogit ad impossibilia means:
A) Law compels performance of impossible acts.
B) Law does not compel a person to do what is impossible.
C) Impossibility never excuses performance.
D) Courts will always create impossibilities.
16. Lex posterior derogat legi priori declares:
A) Earlier law always overrides later law.
B) A later inconsistent statute will supersede the earlier one.
C) Laws never conflict.
D) Precedent always trumps statute.
17. Lex specialis derogat legi generali means:
A) General law overrules special law.
B) Special law prevails over general law on the same subject.
C) Both operate equally always.
D) Courts choose which to follow randomly.

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18. Expressio unius est exclusio alterius indicates:
A) Express mention of one excludes others not mentioned.
B) Mentioning one implies inclusion of all others.
C) Expressions are irrelevant for interpretation.
D) Only the spirit of law matters.
19. Nemo debet esse judex in propria causa aligns with:
A) The doctrine that no one should be a judge in his own cause.
B) The rule permitting self-judging.
C) The rule that litigants must judge each other.
D) The principle of res judicata.
20. Caveat emptor means:
A) Let the buyer beware — buyer buys at his own risk.
B) Let the seller beware always.
C) Buyer is always entitled to refund.
D) The state guarantees goods.
21. Caveat venditor is best expressed as:
A) Let the seller beware (seller’s responsibility).
B) Let the buyer beware only.
C) Seller is never liable.
D) Sale cancels all warranties.
22. Bona fide means:
A) In good faith; honestly.
B) In bad faith intentionally.
C) Without legal title.
D) Under duress.
23. Mala fide denotes:
A) In bad faith; dishonestly.
B) In good faith.
C) In absence of negligence.
D) Merely negligent behavior.
24. In pari delicto potior est conditio defendentis implies:
A) Where both are equally at fault the defendant’s position is stronger (court will not aid
either).
B) Plaintiff always enjoys favor.
C) Defendant always loses.
D) Both parties are immune.
25. Actio personalis moritur cum persona means:
A) A personal action dies with the person (does not survive).
B) Personal actions always survive indefinitely.
C) All tort claims survive death.
D) Heirs can always continue personal actions.
26. Obiter dicta in a judgment are:
A) Binding legal principles.
B) Non-binding remarks or observations made by a judge.
C) The operative decree only.
D) Synonymous with ratio decidendi.

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27. Onus probandi refers to:
A) The court’s own duty to find facts.
B) The burden of proof placed on the party who asserts a fact.
C) The burden of proof on the accused always.
D) An evidentiary privilege.
28. Omnia praesumuntur rite et solenniter esse acta embodies:
A) All acts are presumed done duly and regularly until proved otherwise.
B) All acts are presumed fraudulent.
C) Documents are invalid until verified.
D) Officials act at their peril always.
29. Omnia praesumuntur contra spoliatorem means:
A) Presumptions are always in favor of a wrongdoer.
B) Presumptions are made against a wrongdoer (spoliator).
C) Courts presume innocence of spoliators.
D) Nothing is presumed against wrongful acts.
30. Optima est lex quae minimum relinquit arbitrio judicis suggests:
A) Best law leaves the greatest discretion to judges.
B) Best law leaves the least discretion to judges.
C) Judges should legislate.
D) Laws should be vague.
31. Optima legum interpres est consuetudo holds that:
A) Statute is always the best interpreter.
B) Longstanding custom is the best interpreter of law.
C) Judges must ignore custom.
D) Equity replaces custom.
32. Omne majus continet in se minus denotes:
A) The lesser contains the greater.
B) The greater contains the less (a larger power includes smaller ones).
C) No relation of greater and lesser.
D) Only text matters for interpretation.
33. Pacta sunt servanda is the principle that:
A) Agreements ought not to be enforced.
B) Agreements must be observed and performed.
C) Contracts are merely advisory.
D) Contracts are void if inconvenient.
34. Pari passu means:
A) With unequal priority.
B) On equal footing (proportionately).
C) One after another only.
D) Exclusion of priorities.
35. Particeps criminis refers to:
A) A principal witness.
B) An accomplice or participant in a crime.
C) The injured party.
D) The judge in a criminal trial.

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36. Pendente lite nihil innovetur forbids:
A) Introducing changes that affect the subject matter while litigation is pending.
B) Filing suits while another is pending.
C) Any interim relief during litigation.
D) Use of evidence after trial begins.
37. Per se in legal context means:
A) By reason of itself; inherently.
B) By public authority.
C) By accident.
D) By proxy.
38. Persona non grata is:
A) A person welcome in an office.
B) An unwelcome or unacceptable person in certain contexts.
C) A person given public honors.
D) A judicial officer.
39. Per incuriam describes a judgment:
A) Rendered with due consideration of relevant law and precedent.
B) Rendered without regard to a relevant statute or binding precedent.
C) That is always final and binding.
D) That is the highest authoritative ruling.
40. Prima facie proof means:
A) Final proof after full trial.
B) Sufficient evidence at first sight to establish a fact unless rebutted.
C) No evidence necessary.
D) Evidence beyond reasonable doubt.
41. Quantum meruit allows recovery of:
A) Nominal damages only.
B) Reasonable remuneration for services rendered where no contract price specified.
C) Punitive damages only.
D) No payment at all.
42. Quando aliquid prohibetur ex directo, prohibetur et per obliquum implies:
A) What is prohibited directly may be attempted indirectly.
B) What is prohibited directly is also prohibited indirectly.
C) Prohibition has no legal effect.
D) Direct prohibitions only apply to statutes.
43. Qui facit per alium facit per se is the agency principle that:
A) A principal is not bound by acts of agent.
B) A principal is bound by acts done through an agent as if done by himself.
C) Agent acts are never attributable.
D) Agency is illegal.
44. Qui approbat non reprobat prevents a person from:
A) Accepting and later rejecting the same transaction; one cannot approbate and
reprobate.
B) Approving every transaction unconditionally.
C) Seeking redress after approval.
D) Pursuing inconsistent claims simultaneously.

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45. Quid pro quo is best described as:
A) Gratuitous gift without expectation.
B) Something given in exchange for something else — reciprocal exchange.
C) A legal writ.
D) Always a criminal act.
46. Qui sentit commodum, sentire debet et onus means:
A) One who enjoys benefits should bear the burdens attached.
B) Benefits are given without obligations.
C) Burden shifts to the innocent always.
D) Privileges never bring responsibilities.
47. Quicquid in ædificatur solo, solo cedit states that:
A) Buildings and fixtures attached to the land become part of the land.
B) Fixtures always belong to the builder even on another’s land.
C) Structures are always movable property.
D) Landowner has no claim over fixtures.
48. Qui prior est tempore potior est jure means:
A) Priority in time gives priority in right — earlier claim has advantage.
B) Later claimants prevail.
C) Temporal order is irrelevant.
D) First-in-time loses rights.
49. Quod fieri non debuit factum valet (factum valet) suggests:
A) An act void from the start is never validated.
B) An irregularity may be cured by subsequent ratification or acceptance.
C) Every invalid act remains so despite ratification.
D) Courts cannot validate any act.
50. Quo warranto writ is used to:
A) Challenge the authority by which a person holds a public office.
B) Execute sentence on a convict.
C) Recover property only.
D) Obtain interim custody orders.
51. Res judicata pro veritate accipitur conveys that:
A) A judicial decision must be treated as final and binding among the parties.
B) Judgments are advisory only.
C) Every judgment is open to fresh evidence.
D) Judgments apply to all persons always.
52. Res ipsa loquitur shifts what burden?
A) From plaintiff to defendant to rebut the presumption of negligence arising from the
accident.
B) From defendant to plaintiff always.
C) From judge to witness.
D) From court to legislature.
53. Restitutio in integrum aims to:
A) Partially penalize parties.
B) Restore parties to their original position as far as possible.
C) Impose criminal punishment.
D) Create new legal relations.

51
54. Ratio decidendi is:
A) The binding legal principle on which a decision rests.
B) Every remark made in judgment.
C) A dissenting view.
D) Trial evidence.
55. Res sub judice prescribes:
A) That parties must wait if the same matter is already pending in another court; avoid
parallel litigation.
B) That suits may proceed in multiple jurisdictions without concern.
C) That all pending suits are void.
D) That court must stay all matters indefinitely.
56. Rex non potest peccare historically means:
A) The sovereign is incapable of wrongdoing (doctrine of sovereign immunity).
B) The sovereign is always criminally liable.
C) Monarch must stand trial first.
D) Monarch’s acts are always void.
57. Salus populi suprema lex esto justifies:
A) Public welfare being treated as paramount in law-making and interpretation.
B) Private rights always supersede public welfare.
C) The ruler’s whim is supreme.
D) Courts should ignore public interest.
58. Semper praesumitur pro negante indicates:
A) Presumptions favour the party who asserts.
B) Presumption is always in favour of the person denying the allegation.
C) No presumptions exist in law.
D) Presumptions only apply in criminal law.
59. Secundum allegata et probata requires:
A) Courts decide matters beyond pleadings freely.
B) Decisions must correspond to what is alleged and what is proved.
C) Pleadings are irrelevant to proof.
D) Witnesses need not support pleadings.
60. Sensus verborum ex causa decendi accipiendus est means:
A) Words must be interpreted in light of the subject-matter and purpose.
B) Words are to be read literally regardless of context.
C) Context is irrelevant.
D) Dictionaries are forbidden.
61. Sic utere tuo ut alienum non laedas requires that:
A) You may use your property regardless of harm to others.
B) You must use your property so as not to injure the rights of your neighbours.
C) Property rights are absolute always.
D) Nuisance claims are never valid.
62. Sine die adjournment means:
A) Adjourned to a definite next date.
B) Adjourned without fixing a day to resume (indefinitely).
C) Adjourned with severe penalties.
D) Adjourned after full trial.

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63. Sine qua non refers to:
A) A non-essential element.
B) An indispensable condition without which the result cannot follow.
C) A trivial clause.
D) An optional requirement.
64. Spes successionis denotes:
A) A vested right of inheritance before ancestor’s death.
B) Mere hope of succession — not a legal right until death of ancestor.
C) A guaranteed bequest.
D) A trust for future heirs.
65. Stare decisis requires courts to:
A) Ignore previous decisions always.
B) Follow established precedents unless strong reason to depart.
C) Never follow higher courts.
D) Apply precedent only if convenient.
66. Status quo in interim relief aims to:
A) Change the existing situation at once.
B) Maintain the existing situation until final adjudication.
C) Force parties to new conditions.
D) Remove all restrictions.
67. Suggestio falsi & suppressio veri involves:
A) Full and fair disclosure of truth.
B) Suggesting falsehood and suppressing the truth — misrepresentation.
C) An advisory opinion.
D) Innocuous omission with no consequence.
68. Summum jus, summa injuria warns that:
A) Maximal application of law may produce the greatest injustice.
B) Harshest law always best.
C) Strict application never harms.
D) Justice must be severe.
69. Terra nullius refers to:
A) Land clearly owned by the state only.
B) Land belonging to no one (unclaimed territory).
C) Private land in dispute.
D) Crown lands always.
70. Trial de novo means:
A) A retrial de novo — a fresh hearing as if no previous trial occurred.
B) A review limited to points of law only.
C) Simple appeal on record.
D) Summary dismissal.
71. Ubi jus ibi remedium is the maxim that:
A) Remedies pre-exist rights always.
B) Where there is a legal right, the law provides a remedy.
C) Remedies are more important than rights.
D) Rights are irrelevant without remedy.

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72. Ut res magis valet quam pereat commands:
A) Courts should prefer invalidating instruments.
B) Courts should interpret so as to preserve effect of instruments where reasonably
possible.
C) Statutes must be struck down at first doubt.
D) Vague laws must be declared void.
73. A verbis legis non est recedendum instructs:
A) One may depart from plain words of statute to achieve fairness.
B) The courts should not depart from the literal words of statute where clear.
C) Words are always optional.
D) Legislators must be ignored.
74. Verba cum effectu accipienda sunt requires that:
A) Words be read so as to give effect to every provision, avoiding surplusage.
B) Words may be discarded for policy.
C) Some words can be purposely ignored.
D) Repetition of words shows ambiguity.
75. Veto in governance is:
A) A power to approve by majority only.
B) A power to reject or forbid an act or proposal.
C) A ceremonial approval.
D) Always exercisable by courts.
76. Vigilantibus non dormientibus aequitas subvenit means:
A) Equity helps those who vigilantly protect their rights, not those who sleep on them.
B) Equity helps those who delay.
C) Equity is indifferent to laches.
D) Equity always aids the late claimant.
77. Vice versa means:
A) In reverse order; conversely.
B) Always in same order.
C) Without any change.
D) With prejudice.
78. Vis major or force majeure denotes:
A) A controllable human event.
B) An irresistible, unforeseeable force excusing performance.
C) An act of negligence.
D) A legal fiction.
79. Vox populi literally means:
A) Voice of the judge.
B) Voice of the people (public opinion).
C) Voice of statute.
D) Voice of counsel.
80. Voluntas in delictis non exitus spectatur teaches that:
A) Only outcome matters in crimes.
B) Intention, not merely outcome, is central in criminal liability.
C) Crimes are judged solely by consequences.
D) Intent is irrelevant.

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81. Volenti non fit injuria is a strong defense when:
A) The claimant did not consent.
B) The claimant willingly accepted the risk or consented to the act.
C) Consent was obtained under fraud.
D) Consent is irrelevant in torts.
82. Waiver is properly described as:
A) Enforcing a right more strictly.
B) An intentional relinquishment or abandonment of a known right.
C) A method to create new rights.
D) An order of the court.
83. Wherever there was a wrong there was a remedy asserts:
A) Legal system provides some remedy where legal wrongs exist; no wrong should be
without a remedy.
B) Some wrongs must remain remediless.
C) Remedies are always criminal only.
D) Wrong is irrelevant to remedies.
84. Falsa demonstratio non nocet means:
A) A wrong description always vitiates a document completely.
B) An incorrect description does not necessarily vitiate a transaction if identity and
intention are clear.
C) Descriptions are the only thing that matters.
D) Documents are always void if one word is wrong.
85. Factum probandum is:
A) The evidentiary detail only.
B) The principal fact to be proved in a case (ultimate fact in issue).
C) The method of proof exclusively.
D) The judge’s opinion.
86. Falsus in uno, falsus in omnibus as a doctrine suggests:
A) If a witness is false in one matter, automatic rejection of all testimony is mandatory.
B) Falsehood on one material point may affect witness credibility on other points; courts
exercise caution before rejecting all testimony.
C) Witnesses cannot be impeached.
D) Perjury always destroys all testimony.
87. Fiat justitia ruat caelum expresses:
A) Justice must be postponed for convenience.
B) Let justice be done though the heavens fall — justice should be done regardless of
consequences.
C) Justice must prefer peace over truth.
D) Justice is subordinate to policy.
88. Force majeure as contractual concept excuses performance when:
A) The non-performance was voluntary.
B) Performance is prevented by extraordinary unforeseen events beyond parties’ control.
C) The party simply changed mind.
D) Performance is impossible only due to negligence.
89. Functus officio denotes that:
A) An officer retains continuing power to revisit every finished decision.

55
 B) Once an officer has performed the function and decision is final, the officer has no
further power in that matter except as provided by law.
C) Officers must always re-hear matters.
D) Officers are immune from review.
90. In pari delicto in contract disputes usually results in:
A) Court aiding both equally guilty parties.
B) Denial of relief to the plaintiff who is equally at fault.
C) Plaintiff getting enhanced remedy.
D) Defendant always paying damages.
91. Ignorantia juris non excusat is subject to exceptions such as:
A) No exception ever exists.
B) Certain acts where law is not reasonably knowable or where statute requires notice;
but generally ignorance is no excuse.
C) Always excuses for everyone.
D) Only criminal law is exempt.
92. Impossibilium nulla obligatio est underlines that:
A) Agreements to do impossible things are enforceable.
B) There is no obligation to perform the impossible and such promises are void.
C) Courts will invent powers to compel impossibilities.
D) Parties must attempt impossibilities.
93. Ipso facto means:
A) By the very fact itself; automatically by virtue of the fact.
B) Only upon a court order.
C) After full trial.
D) Never automatically.
94. Judicis est jus dicere non dare means:
A) It is the judge’s role to make new laws.
B) It is the judge’s role to declare and apply the law, not to legislate.
C) Judges must ignore law.
D) Judges always create statutory rules.
95. Lex non cogit ad impossibilia is related to:
A) Forcing performance of impossible obligations.
B) Law will not require impossibilities of parties.
C) Courts mandate impossibilities.
D) Legislatures must ignore practicalities.
96. Lex fori denotes:
A) Law of the foreign state always.
B) Law of the forum — the law of the court where proceedings are instituted (procedural
law).
C) Universal law only.
D) Law of no jurisdiction.
97. Lex posterior derogat priori is applied when:
A) Two statutes are consistent.
B) A later inconsistent statute displaces an earlier statute to the extent of inconsistency.
C) Earlier statute overrides new one always.
D) Statutes never conflict.

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 98. Lex semper debet remedium expresses:
A) A right without remedy is meaningless — law should provide remedies for rights.
B) Remedies should be discretionary only.
C) Rights are meaningless.
D) Courts never grant remedies.
99. Mutatis mutandis means:
A) Without any change.
B) With necessary alterations; with the required modifications.
C) With punitive adjustments only.
D) With disregard for differences.
100. Nemo dat quod non habet affirms that:
A) A person can transfer a superior title he does not own.
B) No one can transfer a better title than he himself possesses.
C) Title is irrelevant to transfers.
D) Possession always equals title.

ANSWER KEY

1. A — Actus non facit reum nisi mens sit rea means a guilty act requires guilty intent; both
actus reus and mens rea are typically necessary for criminal liability.
2. B — Actus reus is the physical act or omission forming the criminal conduct.
3. B — Mens rea denotes the mental element (intent, knowledge, recklessness) required for
many crimes.
4. A — Nemo debet bis vexari is double jeopardy: no person should be tried/punished twice
for same cause.
5. A — Audi alteram partem requires that both sides be heard; it is a fundamental rule of
natural justice.
6. A — Nemo judex in causa sua prevents bias: one must not judge one’s own case.
7. B — Ignorance of law is generally no excuse; law presumes knowledge of legal
obligations.
8. A — Res judicata bars re-litigation of an issue already finally decided by a competent
court.
9. B — Res ipsa loquitur allows negligence to be inferred because the nature of the event
normally indicates negligence.
10. A — Volenti non fit injuria holds that voluntary consent to risk precludes claim for injury
arising from that risk.
11. B — De minimis non curat lex the law ignores trivialities; courts avoid wasting resources
on trifles.
12. B — Ubi jus ibi remedium establishes that rights must have remedies; otherwise a right is
meaningless.
13. B — Qui facit per alium facit per se is agency principle: principal is responsible for acts
done through an agent.
14. A — Salus populi suprema lex esto prioritizes welfare/public interest in legal decisions.

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15. B — The law does not require performance of the impossible — impossibility excuses
performance.
16. B — Lex posterior derogat priori means later statutes govern if inconsistent with earlier
ones.
17. B — Lex specialis states that special law on a subject displaces general law.
18. A — Expressio unius est exclusio alterius means express mention of one thing implies
exclusion of others omitted.
19. A — Same principle as Q6: a person cannot be judge in his own cause — avoids bias.
20. A — Caveat emptor — buyer beware; buyer must take care when contracting.
21. A — Caveat venditor — seller beware; modern consumer law shifts some risk onto
sellers.
22. A — Bona fide = in good faith; honest intention without fraud.
23. A — Mala fide = bad faith; dishonest or fraudulent intent.
24. A — In in pari delicto situations, courts often refuse to aid parties equally at fault;
defendant’s condition is stronger.
25. A — Actio personalis moritur cum persona — personal actions do not survive the death
of the person; they die with the person.
26. B — Obiter dicta are non-binding observations of a judge, contrasted with binding ratio
decidendi.
27. B — Onus probandi places burden of proof on the party asserting a fact.
28. A — This maxim presumes official acts were properly and duly done until proved
otherwise.
29. B — Presumptions are often drawn against the person who wrongfully stripped or
dispossessed (spoliator).
30. B — Best laws reduce judicial discretion to avoid arbitrary decision-making.
31. B — Custom (consuetudo) is often the best interpreter where practice clarifies meaning
of ambiguous law.
32. B — The concept that the greater includes the lesser: if one has greater power, the lesser
powers are included.
33. B — Pacta sunt servanda: parties must perform agreements they enter into.
34. B — Pari passu denotes equal rank or proportionate distribution.
35. B — Particeps criminis is an accomplice or participant in criminal activity.
36. A — Pendente lite nihil innovetur prohibits introducing novelties that would affect the
pending subject matter.
37. A — Per se means by itself or inherently.
38. B — Persona non grata is someone unwelcome or unacceptable in a given context.
39. B — Per incuriam refers to a decision given without regard to a relevant statute or
binding precedent.
40. B — Prima facie means sufficient on first view to establish a fact unless rebutted.
41. B — Quantum meruit allows reasonable payment where no contract price fixed — ―as
much as deserved.‖
42. B — What is forbidden directly should not be done indirectly either (to avoid
circumvention).
43. B — Agent’s acts bind the principal as if the principal acted personally.
44. A — One cannot both accept benefits and later reject obligations of the same transaction
(approbate and reprobate).

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45. B — Quid pro quo is a reciprocal exchange — something for something.
46. A — Who benefits must also bear corresponding burdens or obligations.
47. A — Fixtures and improvements on land generally vest in the landowner (quicquid
plantatur solo).
48. A — Priority in time often creates priority in right — first in time has advantage.
49. B — Factum valet indicates an irregularity may be validated by subsequent ratification or
acceptance.
50. A — Quo warranto challenges a person’s right to hold public office — show by what
authority.
51. A — A final judicial decision is to be accepted as conclusive between the parties (res
judicata).
52. A — Res ipsa loquitur shifts burden to defendant to show absence of negligence where
event normally implies negligence.
53. B — Restitutio in integrum seeks to restore parties to original position to remedy wrongs.
54. A — Ratio decidendi is the binding principle or reason for a court’s decision.
55. A — Res sub judice counsels avoidance of parallel litigation on same matter pending
elsewhere.
56. A — Historical maxim that the sovereign cannot commit a wrong; reflects sovereign
immunity principles.
57. A — Public welfare (salus populi) is a paramount consideration in law.
58. B — Presumption is often in favor of the denier (semper praesumitur pro negante) in
certain contexts.
59. B — Courts must decide within what has been alleged and proved; no surprise rulings
beyond evidence/pleadings.
60. A — Words must be read in context and purpose to interpret meaning (sensus
verborum...).
61. B — Use property so as not to injure others’ rights — principle against nuisance.
62. B — Sine die adjournment is without a day fixed (indefinite).
63. B — Sine qua non is an indispensable condition — essential prerequisite.
64. B — Spes successionis is mere expectation or hope to inherit; no legal right until death.
65. B — Stare decisis requires following precedent to ensure legal certainty.
66. B — Interim relief aims to preserve the state of affairs until final decision (status quo).
67. B — Suggesting falsehood and concealing the truth constitutes misrepresentation
(suggestio falsi & suppressio veri).
68. A — Overzealous application of the strict law can produce grave injustice (summum jus,
summa injuria).
69. B — Terra nullius denotes land belonging to no one — unclaimed territory.
70. A — Trial de novo means a fresh trial as if the prior trial had not occurred (new hearing).
71. B — Where a legal right exists, the law should provide an effective remedy (ubi jus ibi
remedium).
72. B — Courts favor interpretations that keep instruments effective rather than voiding them
(ut res magis valet quam pereat).
73. B — Do not depart from the plain words of the statute where they are clear (a verbis legis
non est recedendum).
74. A — Read words to give them effect and avoid rendering provisions redundant (verba
cum effectu...).

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75. B — A veto is the power to forbid or reject a decision or measure.
76. A — Equity aids the vigilant; those who delay (laches) are disadvantaged.
77. A — Vice versa means conversely or in reverse order.
78. B — Vis major or force majeure: unforeseeable, uncontrollable events may excuse
performance.
79. B — Vox populi means the voice of the people (public opinion).
80. B — Criminal liability focuses on intention (mens rea) rather than merely consequences
in many offences.
81. B — If claimant consented to the risk, volenti often bars recovery for resultant harms.
82. B — A waiver is intentional relinquishment or abandonment of a known right.
83. A — The maxim underscores availability of remedies for legal wrongs; no wrong should
be remediless.
84. B — A false description does not void a document where identity/intent remain clear
(falsa demonstratio non nocet).
85. B — Factum probandum is the principal fact to be proved (ultimate fact in issue).
86. B — Courts treat falsus in uno, falsus in omnibus cautiously; falsehood on a material
point affects credibility but does not automatically negate all testimony.
87. B — Let justice be done though the heavens fall; justice must be served regardless of
consequences.
88. B — Force majeure excuses performance where extraordinary unforeseen events prevent
fulfillment.
89. B — Functus officio means the official has no further power after performing the
function unless law provides.
90. B — In pari delicto usually bars relief to a plaintiff equally at fault.
91. B — Ignorance of law is not a general excuse, though narrow exceptions may exist where
law was unknowable.
92. B — There can be no legal obligation to do the impossible; such promises are void.
93. A — Ipso facto means by the very fact itself; the consequence follows automatically.
94. B — Judges declare and apply law; they do not make (legislate) law — principle of
separation of powers.
95. B — Law will not require a person to perform impossibilities — related to lex non cogit
ad impossibilia.
96. B — Lex fori denotes the law of the forum — the law of the court where case is heard
(procedural rules).
97. B — A later statute inconsistent with an earlier one displaces the earlier law to that
extent.
98. A — The law should provide remedies for rights; otherwise rights are ineffectual (lex
semper debet remedium).
99. B — Mutatis mutandis means apply with necessary changes or adjustments.
100. B — Nemo dat quod non habet — one cannot give a better title than one
possesses; a person cannot confer rights he does not have.

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