Important Maxim

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Important Maxim A priori From the antecedent to the consequent. Ab initio From the beginning. Actio mixta Mixed action. Actionable per se The very act is punishable and no proof of damage is required. Actus non facit reumnisi mens sit rea An act does not make a man guilty unless there be guilty intention. Actus reus Wrongful act. Ad hoc For the particular end or case at hand. Ad idem At some point. Ad valorem According to value. Aliunde From another source. Animus possidendi Intention to possess. Audi alteram partem Hear the other side. Benami Nameless. Bona fide Good faith; genuine. Caveat A caution registered with the public court to indicate to the officials that they are not to act in the matter mentioned in the caveat without first giving notice to the caveator. Caveat emptor Let the buyer beware. Caveat actor Let the doer beware. Caveat venditor Let the seller beware. Contemporanea expositio est optima et fortissima lege A contemporaneous exposition or language is the best and strongest in law. (old is gold). Corpus delicti Body/Gist of offence. Cy pres As nearly as may be practicable. Damnum sine injuria Damage without injury. De facto In fact. De jure By right (opposed to de facto) in law. De novo To make something new; to alter; renew. Dies non Day on which work is not performed. Deceit Anything intended to mislead another. Del credre agent Is a mercantile agent who in consideration of extra remuneration(called as del credre commission) undertake to indemnify his employer against loss arising from the failure of persons with whom he contract to carry out their contracts. Delegate potestas non-potest delegari A delegated power cannot be delegated further. Delegatus non potest delegare A delegate cannot delegate. Dictum Statement of law made by judge in the course of the decision but not necessary to the decision itself.

description

All maxims which are used commonly. Maxim is a word of foreign language which is used in legislation.

Transcript of Important Maxim

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Important Maxim

A priori From the antecedent to the consequent.Ab initio From the beginning.Actio mixta Mixed action.Actionable per se The very act is punishable and no proof of damage is required.Actus non facit reumnisi menssit rea

An act does not make a man guilty unless there be guilty intention.

Actus reus Wrongful act.Ad hoc For the particular end or case at hand.Ad idem At some point.Ad valorem According to value.Aliunde From another source.Animus possidendi Intention to possess.Audi alteram partem Hear the other side.Benami Nameless.Bona fide Good faith; genuine.Caveat A caution registered with the public court to indicate to the officials

that they are not to act in the matter mentioned in the caveatwithout first giving notice to the caveator.

Caveat emptor Let the buyer beware.Caveat actor Let the doer beware.Caveat venditor Let the seller beware.Contemporanea expositio estoptima et fortissima lege

A contemporaneous exposition or language is the best andstrongest in law. (old is gold).

Corpus delicti Body/Gist of offence.Cy pres As nearly as may be practicable.Damnum sine injuria Damage without injury.De facto In fact.De jure By right (opposed to de facto) in law.De novo To make something new; to alter; renew.Dies non Day on which work is not performed.Deceit Anything intended to mislead another.Del credre agent Is a mercantile agent who in consideration of extra

remuneration(called as del credre commission) undertake toindemnify his employer against loss arising from the failure ofpersons with whom he contract to carry out their contracts.

Delegate potestas non-potestdelegari

A delegated power cannot be delegated further.

Delegatus non potest delegare A delegate cannot delegate.Dictum Statement of law made by judge in the course of the decision but

not necessary to the decision itself.

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Dispono Convey legally.Dividend mandate Member desires that dividend will be credited automatically to his

bank account.Ejusdem generis(interpretation)

Where there are general words following particular and specificwords, the general words must be confined to things of same kindas those specified.

Estoppel Stopped from denying.Ex facie Transparently illegal or prohibited by statute.Ex parte Proceedings in the absence of other party.Factum probandum Fact in issue which is to be proved.Factum probans Relevant fact.Fungibility An interchangeability between goods/assets with other goods of

same type. Fungibility assumes that all goods having same value forall. For instance currency notes.

Garnishee An individual who holds money or property that belongs to a debtorsubject to an attachment proceedings by a creditor.

Injuria sine damnum Injury without damage.Ipso facto By the very nature of the case.In lieu of Instead of.Inter alia Among other things.Inter se Among themselves.Inter vivos Between living persons.Intra vires Within the powers.In personam A proceeding in which relief is sought against a specific person.Indicia A symbol; token; mark.Jus in personam Right against a person.Jus in rem Right against the world at large.Jus non scriptum Unwritten law; customary law.Jus scriptum Written law.Lis A suit cause of action.Lis pendens A pending suit.Locus standi Right of a party to an action to appear and be heard on the question

before any tribunal.Mala fide In bad faith.Mens rea Guilty mind.Mutatis mutandis With necessary changes in points of detail (same to same).Noscitur a sociis(interpretation)

A word is known by its associates, one is known by his companions.

Onus probandi Burden of proof.Pari passu On equal footing or proportionately (equal rights).Per se By itself taken alone.Prima facie At first sight; on the face of it.Pro rata In proportion.

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Puisne mortgage Second mortgage.Pari causa Similar circumstances; with equal right.Pari material Relating to same person or thing.Quit facit per alium facit perse

He who acts through another is acting himself (i.e.-Principal).

Quid pro quo Something for something.Ratio decidendi Principal or reason underlying a decision.Repatriation Capital flow from a foreign country to the country of origin.

Returning money to home country from foreign.Res judicata A decision once rendered by a competent court on a matter in issue

between the parties after a full enquiry should not be permitted tobe agitated again.

Respondent superior Let the principal be liable.Res gestae Facts relevant to a case and admissible in evidence.Rule nisi A rule which will become imperative and final unless cause to be

shown against it.Spes successionis Chance of a person to succeed as heir on the death of another.Sui juris Of his own right.Situs Position; situation; location.Suo motu On its own motion.Sine die Without a day being appointed.Tortum Civil wrong actionable without contract.Uberrimae fide Of utmost good faith.Ubi jus ibi remedium Where there is a right there is remedy.Ultra vires Beyond the scope, power/authority.Ut lite pendente nihilinnovertur

Nothing new to be introduced during litigation.

Usufructuary One who has the use and reaps the profits of property, but notownership.

Vis major Act of god.Vigilantibuset, nondormientibus, jura subveniunt

The laws help those who are vigilant and not those who are slumberor lazy.

Vice versa The order being reversed; other way round.Certriorari (writ) A writ by which records of proceeding are removed from inferior

court to High court and to quash decision that goes beyond itsjurisdiction.

Habeas corpus (writ) A writ to have the body to be brought up before the judge.Mandamus (writ) A writ of command issued by the high court to a Lower

court/Govt./Public Authority.Quo warranto (writ) A writ calling upon one to show under what authority he holds or

claims an office.