The table below contains a list of important Legal Maxims. Commit these to memory, as they are commonly asked directly in Law Entrance Exams.
Term | Definition |
Ab initio mundi | from the beginning of the world |
Actus non facit reum nisi mens sit rea | A guilty mind is necessary to constitute a crime |
Affirmanti, non neganti, incumbit probation | The proof is incumbent upon the one who affirms, not on the one who denies |
Amicus curiae | Friend of court, a lawyer appointed by a court to represent a poor litigant |
Audi alteram partem | Hear the other side, no one shall be condemned unheard |
Causa patet | The reason is obvious |
Causa sine qua non | Cause essential to the occurring of the event |
Consensus ad idem | Agreement as to the same thing in the same sense |
Consensus, non concubitus, facit matrimonium | It is the consent of the parties, not their cohabitation, which constitutes a valid marriage |
Damnum sine injuria | Damnum means damage or harm. Sine means without. Injuria means legal injury, i.e. infringement of a legal right.A person may have suffered damage or harm but if there is no infringement of his legal right, such damage is not actionable |
De die in diem | From day to day |
Injuria sine damnum | Legal injury without damage. Even where no damage or harm is caused to a person he can still sue under tort if his legal right is infringed |
Qui facit per alium facit per se | He who acts through another acts himself |
Respondeat superior | Superior is responsible |
Volenti non fit injuria | Voluntarily suffered injury is not fit for action.Essential ingredients:(i) The plaintiff had knowledge of risk
(ii) He ran the risk with his free consent |