Legal Maxims Part A

Legal Maxims Part A

A communi observantia non est recedendum

From common observance there should be no departure. Equitable principles are supportive of basic rule of law. They require that public necessity is greater than private necessity and absolute discretion is not the best form of proper governance. It is for the authority, which exercises the power to show that it had the power backed by law and such power has been exercised appropriately. A communi observantia non est recedendum. These are the principles, which must be borne in mind before challenge to executive action is discussed.

A communi observantia non est recedendum

There should be no departure from common observance or usage.

A contrarlo sensu

On the contrary.

A digniori fled debet denominatio et resolutio

The title and exposition of a thing ought to be derived from, or given, or made with reference to, the more worthy degree, quality, or species of it.

A fortiori

With even stronger reason, which applies to a situation in which if one thing is true then it can be inferred that a second thing is even more certainly true. A gratis: From grace or favor; as a matter of indulgence, not of right. A latere: From the side. In connection with the succession to property, the term means "collateral".

A l'impossible nul n'est tenu

No one is bound to do what is impossible.

A lato

From the date.

A mensa et thoro

From bed and board.

A multo fortiori

By far the stronger reason, right or equity.

A nativitate

From birth, or from infancy. Denotes a congenital disability.

A non posse ad non esse sequitur argumentum necessarie negative, licet non affirmative

From the impossibility of doing a thing necessarily follows the conclusion that it has not in fact been done; but the converse does not hold.

A piratis et latronibus capta dominium non mutant

Things taken or captured by pirates & robbers do not change their ownership.

A posteriori

From particular instances to a general principle or law; based upon actual observation or upon experimental data

A prendre

By right to take something out of the soil of another.

A priori

By reasoning from the cause to the effect. An argument founded on analogy, or abstract considerations. Refers to a specified category of reasoning that examines given general principles to discover what particular facts or real-life observations can be derived from them. Another name for this method is deductive reasoning.

A quo

A term used, with the correlative ad quern, (to which,) in expressing the computation of time A rendre: That which is to be rendered or yielded.

A retro

Behind; in arrear.

A spollatus debet ante omnia restltui

A party despoiled [forcibly deprived of possession] ought first of all to be restored.

A summo remedio ad inferiorem actionem non habetur regressus, neque auxilium

From the highest remedy, there can be no recourse (going back) to an inferior action.

A tempore cujus contradi memoria non existet

From a time of which there is no memory to the contrary.

A tort on, a droit

Right or wrong.

A verbis legis non est recedendum

From the words of the law there must be no departure.

A vinculo matrimonii

From the bond of matrimony

Ab

From, eg, ab initio; against, eg, abnormal; in charge of.

Ab abusu ad usum non valet consequentia

Use of a thing cannot be concluded from its abuse.

Ab ante

In advance.

Ab antlquo

From ancient times.

Ab assuetis non fit injuria

From things to which one is accustomed, no legal injury or wrong arises.

Ab extra

From outside.

Ab inconvenienti

An argument based upon the hardship of the case & the inconvenience to which a different course of reasoning wd lead.

Ab initio

From the beginning.

Ab initio mundi

From the beginning of the world.

Ab intestato

From an intestate. [Intestate Succession means succession to the property of a person who has not disposed it of by his will].

Ab intra

From within.

Ab invito

Against ones will.

Abbreviationum ille numerus et sensus accipiendus est, ut concessio non sit inanis

In abbreviations the number & sense is to be taken by which the grant is not rendered void.

Abduco

Take away.

Absence cum dolo et culpa

Wilful non-appearance to a writ, subpoena, citation etc. to delay or defeat creditors or to avoid arrest on civil or criminal process.

Absentia ejus qui reipublicae causa abest, neque ei, neque alii damnosa esse debet

The absence of him who is employed in the service of the state, ought not to be burdensome to him nor to others.

Absoluta sententia expositore non indiget

Plain words require no explanation.

Absque injuria

without any infringement of a right..

Abundans cautela non nocet

Abundant caution does no harm.

Accessio cedit principali

An accessory thing, when annexed to the principal thing, thereby & thereupon becomes a part of the property of the owner of the principal thing.

Accessorium non ducit sed sequitur suum principale.

The accessory does not lead, but follow its principal.

Accessorium non ducit, sed sequitur suum principale

The accessory right does not lead but follows its principal.

Accessorium non trahit principale

The accessory does not draw the principal, eg, the release of a surety is not the release of his principal, although the release of the principal is release of the surety also.

Accessorium sequitur naturam rei cui accedit

The accessory follows the nature of the thing to which it relates.

Accessorium sequitur principale

The accessory follows its principal; where there is no principal, there can be no accessory.

Accessorius sequit naturam sui principalis.

An accessary follows the nature of his principal

Accessorius sequitur

One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender.

Accessorius sequitur naturam sui principalis

An accessory follows the nature of his principal; an accessory cannot be guilty of a higher crime than his principal.

Accipere quid ut justitiam facias, not est tam accipere quam extorquere

To accept anything as a reward for doing justice is extortion, & not acceptance.

Accusare nemo debet se, nisi coram Deo

No one ought to accuse himself, unless before.

Accusare nemo se debet

No one is bound to accuse oneself.

Accusator post rationabile tempus non est audiendus, nisi se bene de omissione excusaverit

An accuser ought not to be heard after the expiration of a reasonable time, unless he can account satisfactorily for his delay.

Act malum in se

An unlawful act itself renders the accd liable for all the natural consequences arising from his act, eg, A shooting at poultry of B intending to steal it but accidentally kills a man; he will be liable for murder.

Acta exteriora indicant interiora secreta

Acts indicate the intention; acts disclose the mind.

Acta exteriora iudicant interiora secreta

Outward acts indicate the inward intent.

Acta in uno judicio non probant in alio nisi inter easiem personas

Things done in one action cannot be taken as evidence in another unless they be between the same parties.

Actio exteriora indicant interiora secreta.

External actions show internal secrets.

Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur

An action is nothing else than the right of pursuing in a court of justice, that which is due to one.

Actio non accrevit infra sex annos

The action has not accrued within six years.

Actio non datur non damnificato

An action is not given to one who is not injured.

Actio non datur non damnificato

An action is not given to him who has received no damages.

Actio personalis moritur cum persona

A personal claim dies with the person

Actio personalis moritur cum persona

A personal action dies with the person. This must be understood of an action for a tort only.

Actio poenalis in haeredem non datur nisi forte ex damno locupietior haeres factussit

A penal action is not given against an heir unless, indeed, such heir is benefited by the wrong.

Actio quaelibet it sua via

Every action follows its prescribed course.

Actiones legis

Law suits.

Actionum genera maxime suntservanda

The varieties of action are especially to be preserved. Every action must be in its proper form.

Actor qui contra regulam quid abduxit, non est audiendus

Who advances anything against an authority or a proposition against the rules of law is not to be heard.

Actor qui contra regulam quid adduxit, non est audiendus

He ought not to be heard who advances a proposition contrary to the rules of law.

Actor sequitur forum rei

The plaintiff must follow the forum of the thing in dispute.

Actor sequitur forum rel

The plaintiff follows the forum of the thing. The plaintiff follows the Court of the defendant.

Actore non probante reus absolvitur

When the plaintiff does not prove his case, the defendant is absolved.

Actori incumbit onus probandi

The burden of proof lies on the plaintiff.

Actorl non probante absolvitur reus

When plaintiff does not prove his case, the defendant is acquitted.

Actus curiaz neminem gravabit

An act of the court shall prejudice none.

Actus Dei nemini facit injuriam

Act of God injures none.

Actus Dei nemini facit injuriam

The act of God does no injury; that is, no one is responsible for inevitable accidents

Actus Dei nemini nocet

Act of God does not render an act a nullity.

Actus incaeptus cujus perfectio pendet, ex voluntate partium, revocari potest; si autem pendet ex vo

An act already begun, the completion of which depends upon the will of the parties, may be recalled; but if it depend on the consent of a third person, or of a contingency, it cannot be recalled

Actus incseptus cujus perfectio pendet ex voluntate partium revocari potest si autem pendet ex voluntate tertire persona vel ex contingenti revocari non potest

An act already begun, the completion of which depends upon the will of the parties, may be revoked, but if it depends on the will of a third person, or on a contingency, it cannot be revoked.

Actus judiciarius coram non judice irritus habeturde ministeriall ateem a quocunque provenit ratum esto

A judicial act done without authority is void, not so a ministerial act.

Actus legis nemini est damnosus /Actus legis nemini facit injuriam

The act of the law shall prejudice none:

Actus legis nemini facit injuriam

 The act of the law does no one an injury.

Actus legitimi non recipiunt modum

Acts required by law to be done, admit of no qualification.

Actus me invito factus, non est meus actus

An act done by me against my will, is not my act.

Actus ne invito factus non est meus actus

An act done by one against ones will is not ones act.

Actus nemini facit injuriam

The act of the law does no one wrong.

Actus non facit reum nisi mens sit rea

The act does not make one guilty unless there be a criminal intent.

Actus non facit reum, nisi mens sit rea

Act itself does not constitute crime unless done with the guilty mind.

Actus non reum facit, nisi mens sit rea

An act does not make a person guilty, unless the intention be also guilty. This maxim applies only to criminal cases; in civil matters it is otherwise

Actus repugnum non potest in esse produce

A repugnant act cannot be brought into being: it cannot be made effectual.

Actus reus

A guilty deed or act.

Actus servi in Hs quibus opera ejus communitur adhihita actus domini habetur

The acts of a servant in those things in which he is usually employed is considered the acts of his master.

Ad

At, by, concerning, for, near, of, on account of, to, until, upon.

Ad abundantio rem cautelam

For greater or more abundant caution.

Ad alium diem

At another day.

Ad audiendum

To hear.

Ad certum diem

At a certain day.

Ad communem legem

At the common law.

Ad curiam

At a court.

Ad damnum

To the damage.

Ad defendendum

To defend.

Ad diem

At the day.

Ad ea quae frequentius acciduunt jura adaptantur

The laws are adapted to those cases which occur more frequently.

Ad exitum

At the end of the pleadings; at issue.

Ad fidem

In allegiance.

Ad filum aqua

To the middle of a stream.

Ad finem

at the end

Ad hoc

For this purpose

Ad infinitum

Forever, without limit, to infinity.

Ad instantiam

At the instance.

Ad interim

In the interval/meantime.

Ad libitum

At pleasure.

Ad litem

appointed for a lawsuit

Ad Longum

At length.

Ad miserl cardium

Out of desperation.

Ad Mum via

To the middle of the way.

Ad nauseam

Disgusting.

Ad perpetuam rei memoriam

For a perpetual memorial of the matter.

Ad personam

personal

Ad proximum antecedens fiat relatio, nisi impediatur sententia

The antecedent bears relation to what follows next, unless it destroys the meaning of the sentence.

Ad proximum antecedens fiat relatlo/nisi impediatur sententia

Relative words refer to the next antecedent unless by such a construction the meaning of the sentence would be impaired.

Ad punctuam temposis

At the point of time.

Ad quem

To which.

Ad referendum

For reference & consideration.

Ad rem

to the point; to the purpose

Ad seriatum

In aerial order:

Ad tristam partem strenua est suspicio

Suspicions strongly rests on the unfortunate side.

Ad tune et ibidem

At the time & in the same place.

Ad valorem

In proportion to the value;

Ad verbum

Word for word.

Ad vim majorem vel ad casus fortuitos non tenetur gills, nisi sua culpa ihtervenerit

No one is held to answer for the effects of a superior force, or of accidents unless his own fault has contributed to them.

Ad vitam aut culpam

For life or till misconduct, usually applied to the tenure of office.

Additio probat minoritatem

An addition proves deficiency.

Administratio ad litem

An administrator of a deceased persons estate appointed for the purpose of litigation only.

Administratio cum testamento annexo

That which is granted where no executor is named in the will, or where the one named dies, or is incompetent or unwilling to act; administration with the will annexed.

Administratio de bonis non cum testamento annexo

That which is granted when an. administrator dies leaving a part of the estate unadministered.

Administratio durante absentia

An administrator appointed to act during the absence of appointed administrator; that which subsists during the absence of the executor.

Administratio durante minore estate

An administrator appointed to act during the minority of the executor or of the person legally entitled to a grant of letters of administration.

Administratio pendente lite

An administrator appointed to administer an estate pending any suit respecting the validity of a will or any other matter in dispute.

Administratio tedificare in tuo proprio sdlo non licet quod alteri noceat

It is not permitted to build upon ones own land what may be injurious to another. Hence, an action lies if by an erection on his own land, a man causes a nuisance by obstructing anothers ancient lights.

Administratio, ancillary

That which is subordinate to the principal administrator, for collecting the assets of foreigners, taken out in the country where the assets are locally situate.

Adversus periculum naturalis ratio permittit se defendere

Natural reason allows one to defend oneself against danger.

Aedificare in tuo proprio solo non licet quod alteri noceat

It is not lawful to build on one's own land what may be injurious to another.

Aemulatio vicini

spite against one's neighbour which, if a motive, may render unlawful an act other

Aequilas sequitier legem

Equity follows the law.

Aequitas agit in personam

Equity acts upon the person.

Aequitas legem sequitur

Equity follows the law.

Aequitas nunquam contravenit legem

Equity never contradicts the law

Aequum et bonum est lex legum

What is equitable & good is the law of laws.

Aequum et bonum, est lex legum

What is good and equal, is the law of laws.

Aestimatio praeteriti delicti ex postremo facto nunquam crescit

The weight of a past offend, is never increased by subsequent fact.

Aestimatio praeteriti delicti ex postremo facto nunquam crescit

The estimation of a crime committed never increased from a subsequent fact.

Affectio tua nomen imponit operi tuo

The affection of a person gives a name to his work.

Affects punitur licet non sequitur effectus

The intention is punished although the consequence does. not follow.

Affinis mei, affinis non est mihi affinis

A person related by affinity to one who is not related to me by affinity is not related to me by affinity.

Affirmanti non neganti incumbit probatio

The burden of proof lies upon him who affirms, not upon him who denies.

Affirmati, non neganti incumbit probatio.

The proof lies upon him who affirms, not on him who denies.

Agentes et consentientes pan poena plectentur

Acting & consenting parties are liable to the same punishment.

Aggregatio mentium

Literally, the meeting of the minds; the moment when a contract is complete.

Agreementum

A word compounded of two words, viz, aggregatio & mentium. And so by the contraction of the two words, viz, agreementum, which is no other than a union, collection, copulation, & conjunction of two or more minds in anything done or to he done.

Ah acts

An officer in charge of public records & registers.

Alia intuitu

With the motive other than the ostensible & proper one.

Alibi

At another place, elsewhere.

Alienatio licet prohibeatur consensu tamen omnium in quorum favorem prohibits est potest fieri

Although alienation be prohibited, yet it may take place with the consent of all the persons in whose interests it is prohibited.

Alienatio licet prohibeatur, consensu tamen omnium in quorum favorem prohibits est, potest fieti, et quilibet potest renunciare juri pro se introducto

Although alienation be prohibited, yet, by the consent of all in whose favour it is prohibited, it may take place; for it is in the power of any man to renounce a law made in his own favour.

Alienatio rei praefertur juri accrescendi

Alienation is preferred by law rather than accumulation.

Alienatio rei prmfertur juri accrescendi

Alienation rather than accumulation is favoured by the law.

Aliquid conceditur ne injuria remanerit impunita quod alias non concederetur

Something is conceded, which would not otherwise be conceded, lest an injury should be left unpunished.

Aliquis non debet esse judex in propria causa quia non potest esse judex et pars

No man ought to be a judge in his own cause, because he cannot act as judge & at the same time be a party.

Aliud est celare aliud tacere

Silence is not equivalent to concealment.

Aliud est celare, aliud tacere

To conceal is one thing, to be silent another.

Aliud est distinctio aliud separatio

Distinction is one thing, separation is another.

Aliud est possidere aliud esse in possessione

It is one thing to possess, another to be in possession.

Aliud est vendere, aliud vendenti consentire

To sell is one thing; to consent to sell is another. Allegans contraria non est audiendus; He who alleges contradictory things is not to be heard.

Aliunde

From elsewhere, or, from a different source

Allegans contraria non est audiendus

One making contradictory statements is not to be heard.

Allegans suam turpitudinem non est audiendus

One alleging his own infamy is not to be heard.

Allegari non debuit quod probatum non relevat

That ought not to be alleged which, if proved, is not relevant.

Allegata et probata

Allegations & proof.

Allegata probanda

Material allegations of fact or law.

Allegatio contra factum non est admittenda

An allegation contrary to a deed is not to be heard.

Alterius circumventio alii non pnebet actionem

No action can be based upon fraud.

Alternatica petitio non est audienda.

An alternate petition is not to be heard.

Alternativa petitio non est audienda

An alternative petition is not to be heard.

Altius non tollendi

A servitude preventing the servient owner from building beyond a certain heigh

Ambigua responsio contra proferentem est accipienda

An ambiguous answer is to be interpreted against the party who delivers it.

Ambiguis casibus semper prwsumitur pro rege

In doubtful cases the presumption is always in favour of the Crown.

Ambiguitas contra stipulatorem est

An ambiguity is most strongly construed against the party using it.

Ambiguitas verborum patens nulla verificatione excluditur

A patent ambiguity is never helped by averment.

Ambiguitas verborum patens nulla verificatione exduditur

A patent ambiguity cannot be cleared by extrinsic evidence.

Ambiguum placitum interpretari debet contra proferentem

An ambiguous pleading ought to be construed against the party offering or delivering it.

Ambulatoria est voluntas defuncti usque ad vita supremum exitum

The will of a deceased person is changeable until the last moment of life.

Amicus curiae

A friend of the Court.

Amicus Curim

Friend of Court, ie, a third party to assist Court.

Amour propore

self respect.

Angliae jura in omni casu libertati dant favorem

The laws of England are favorable in every case to liberty.

Animo furandi

With an intention of stealing.

Animo manendi

Intention of permanence.

Animo testandi

With an intention of making a will.

Animus ad se omne jus ducit

It is to the intention that all law applies.

Animus apiendi

Intention of taking.

Animus cancellandi

Intention of cancelling.

Animus dedicandi

Intention of dedicating.

Animus defamandi

Intention of defaming.

Animus dere liquendi

Intention of abandoning.

Animus deserendi

Intention of deserting, ie, bringing cohabitation permanently to an. end.

Animus donandi

Intention of donating.

Animus et factum

Combination of intention with the act.

Animus fruandi

Intention to defraud; Intention of wrongful appropriation.

Animus hominis est anima scripti

The intent of a man is the soul of his writing. In order to give life or effect to an instrument, it is necessary to look to the intention of the individual who executed the same.

Animus imponentis

Intention of the law maker expressed in the law itself:

Animus manendi or morandi

Intention of living.

Animus moninis est anima scripti

The intention of the party is the soul of the instrument.

Animus possidendi

Intention of possessing.

Animus quo

Intention with which.

Animus recipiendi

Intention of receiving.

Animus recuperandi

Intention of recovering.

Animus republicandi

Intention of republishing.

Animus restituendi

Intention of restoring.

Animus revertendi

Intention of returning. Intention to reside in the premises in question.

Animus revocandi

Intention of revoking.

Animus testandi

Intention of making a will.

Anna in armatos sumere jura sinunt

The law permits us to take up arms against the armed.

Annus luctus

The year of mourning.

Ante

Before.

Anticipitis usus

Of doubtful use.

Apices juris non sunt jura

Mere niceties of law are not law.

Apices juris non sunt jura.

Points of law are not laws.

Apud acta

at the time of the proceedings

Aqua cedit solo.

The water yields or accompanies the soil. The grant of the soil or land carries the water.

Aqua curit et debet currere

Water runs and ought to run.

Aqua currit et debet currere, ut currere solebat

Water runs and ought to run.

Arbitrium boni

The view which would be taken by the good & worthy people

Arbitrium est judicium boni viii, secundum aequum et bonum

An award is the judgment of a good man, according to justice.

Arbitrium est judicium

An award is a judgment.

Arbor dum crescit; lignum cum crescere nescit

A tree while it grows, wood when it cannot grow.

Arguendo

In the course of argument.

Argumenta ignota et obscura ad lucem rationis proferunt et reddunt splendida

Arguments bring things hidden & obscure to the light of reason & render them clear.

Argumentum a communiter accidentibus in jure frequens est

An argument drawn from common understanding of a thing is common in law.

Argumentum a divisione est fortissimum in jure

An argument from division is of the greatest force in law.

Argumentum a majori ad minus negative non valet- valet e converso

An argument from the greater to the less is of no force negatively; affirmatively it is.

Argumentum a simili valet in lege

An argument from a like or analogous case is good in law

Argumentum ab auctoritate est fortissimum in lege

An argument from authority is the strongest in law.

Argumentum ab auctoritate fortissimum est in lege

An argument drawn from authority is the strongest in law.

Argumentum ab authoritate est fortissimum in lege

An argument drawn from authority is the strongest in law.

Argumentum ab impossibili plurimum valet in lege

An argument from an impossibility is of weight in law.

Argumentum ab impossibilii plurimum valet in lege

An argument from impossibility is very strong in law.

Argumentum ab inconvenient

Argument from being caught in inconvenience (arising from cross question of court) is no answer:

Argumentum ab inconvenienti est validum in lege; quia lex non permittit aliquod inconveniens.

An argument drawn from what is inconvenient is good in law, because the law will not permit any inconvenience.

Argumentum ab inconvenienti est validum in lege; quits lex non permittit aliquod inconveniens

An argument drawn from what is inconvenience is good in law, because the law will not permit any inconvenience.

Argumentum ab inconvenienti plurimum valet in lege

An argument drawn from inconvenience is forceful in law.

Argumentum ad hominem

An argument directed a the person.

Argumentum ad ignoratiam

An argument based upon ignorance (i.e. of one's adversary).

Argumentum divisione est fortissimum in jure

An argument arising from a division is most powerful in law.

Argumentum majori ad minus negative non valet; valet converso

An argument from the greater to the less is of no force negatively; conversely it is.

Argumentum simili valet in lege

An argument drawn from a similar case, or analogy, avails in law.

Arma in armatos sumere jura sinunt

The laws permit the taking up of arms against the armed.

Assensio mentium

Meeting of minds. Mutual assent/consent.

Assentio mentium

The meeting of minds, i.e. mutual assent.

Assignatus utitur jure auctoris

An assignee is clothed with rights of his assignor.

Aucupia verborum sunt judice indigna

Quibbles are beneath the dignity of a judge. Catching at words is unworthy of a judge.

Audi alteram partem

Hear the other side.

Audietur et altera pars

Hear the other side

Augupia verforum sunt judice indigna

A twisting of language is unworthy of a judge.

Augusta legibus soluta non est

The wife of the Emperor is subject to the Laws. Even the queen is not exempted from subjection to the laws of the country.

Aula regis

The King's Court.

Auter(re) droit

Anothers right.

Autrefois convict

Previous conviction by a competent court of law is a bar to further prosecution for the same offence.

Avizandum

the period during which the court considers its judgement

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