Legal Maxims with Meaning: Most Used Legal Maxims, Translation And Meaning

Legal Maxims with Meaning: Most Used Legal Maxims, Translation And Meaning

Legal maxims, often expressed in Latin, are concise statements embodying principles or rules of law. Here are some of the most commonly used legal maxims along with their translations and meanings:

1. Actus reus non facit reum nisi mens sit rea
   • Translation: “The act is not culpable unless the mind is guilty.”
   • Meaning: In order for someone to be held criminally liable, there must be both a wrongful act and a guilty mind (intent).
2. Ignorantia juris non excusat
   • Translation: “Ignorance of the law is no excuse.”
   • Meaning: Individuals are expected to know and understand the laws that apply to them, and ignorance of the law is not a valid defense in legal proceedings.
3. In dubio pro reo
   • Translation: “In doubt, for the accused.”
   • Meaning: When there is doubt about a person’s guilt, the decision should favor the accused.
4. Res ipsa loquitur
   • Translation: “The thing speaks for itself.”
   • Meaning: This principle holds that the occurrence of an accident implies negligence, without further explanation needed, if the accident is of a kind that doesn’t usually happen without negligence.
5. Fiat justitia ruat caelum
   • Translation: “Let justice be done though the heavens fall.”
   • Meaning: Justice should be administered regardless of the consequences, even if they are severe.
6. Caveat emptor
   • Translation: “Let the buyer beware.”
   • Meaning: The principle that the buyer is responsible for checking the quality and suitability of goods before purchase, and sellers are not obliged to disclose defects.
7. Audi alteram partem
   • Translation: “Listen to the other side.”
   • Meaning: The principle that all parties should have the opportunity to present their case and be heard before a decision is made.
8. Quid pro quo
   • Translation: “Something for something.”
   • Meaning: This refers to the principle of reciprocity, where something is given or received in exchange for something else.
9. Nulla poena sine lege
   • Translation: “No penalty without law.”
   • Meaning: This principle states that a person cannot be punished for doing something that is not prohibited by law.
10. Nemo dat quod non habet
    • Translation: “No one can give what they do not have.”
    • Meaning: A person cannot transfer a better title to property than they themselves possess.

These are just a few examples of the many legal maxims used in various legal systems around the world. Each maxim encapsulates a fundamental legal principle that guides the interpretation and application of the law.

Legal maxims are established principles or propositions of law that are used to guide legal decisions. Here are some commonly used legal maxims, their translations, and meanings:

1. Actus reus – “Guilty act” – The physical act of a crime.
2. Mens rea – “Guilty mind” – The mental intent to commit a crime.
3. Ignorantia juris non excusat – “Ignorance of the law is no excuse” – Individuals are responsible for knowing the law.
4. Res ipsa loquitur – “The thing speaks for itself” – Inference of negligence from the facts of an event.
5. Stare decisis – “To stand by things decided” – The principle of adhering to legal precedent.
6. Subpoena – “Under penalty” – A court order requiring testimony or evidence.
7. Qui facit per alium facit per se – “He who acts through another does the act himself” – Liability for acts done through agents.
8. Pro bono publico – “For the public good” – Legal services provided free of charge.
9. Innocent until proven guilty – The presumption of innocence in criminal cases.
10. Ad idem – “Of the same mind” – Agreement between parties on contractual terms.

Keep in mind that this list is not exhaustive, and there are many other legal maxims used in various areas of law.

Here are some of the most used legal maxims, their translations, and their meanings:

• Actus non facit reum, nisi mens sit rea (Latin for “An act does not make one guilty unless the mind is guilty”). This maxim means that criminal intent (mens rea) is required for a finding of guilt. In other words, someone cannot be convicted of a crime if they did not intend to commit it.
• Ignorantia juris non excusat (Latin for “Ignorance of the law excuses no one”). This maxim means that a lack of knowledge of the law is not a defense to a crime. Everyone is presumed to know the law.
• Nemo dat quod non habet (Latin for “No one gives what he does not have”). This maxim means that you cannot transfer a greater right than you yourself possess.
• Volenti non fit injuria (Latin for “No injury is done to the willing”). This maxim means that someone who consents to an act cannot claim that they were injured by it.
• De minimis non curat lex (Latin for “The law does not concern itself with trifles”). This maxim means that the law does not concern itself with minor matters.
• Res ipsa loquitur (Latin for “The thing speaks for itself”). This maxim means that the evidence of an accident is so clear that it speaks for itself and negligence can be inferred.
• Audi alteram partem (Latin for “Hear the other side”). This maxim means that everyone has the right to a fair hearing and to be heard before a decision is made about them.
• Stare decisis (Latin for “To stand by things decided”). This maxim is a legal principle that courts should follow precedent, meaning that they should follow the rulings of higher courts in similar cases.

Legal maxims are short, pithy sayings that express a principle of law. They are often used in legal arguments and judgments. While not always binding law themselves, they can be helpful in understanding the reasoning behind a particular legal rule.

Legal Maxims with Meaning: Most Used Legal Maxims, Translation And Meaning

Here are 100+ legal maxims along with their meanings:

1. Actio personalis moritur cum persona
   • Meaning: A personal action dies with the person.
2. Boni judicis est ampliare jurisdictionem
   • Meaning: It is the duty of a good judge to broaden the extent of his jurisdiction.
3. Causa causans
   • Meaning: The cause that causes another thing to happen.
4. Dura lex sed lex
   • Meaning: The law is harsh, but it is the law.
5. Ex nudo pacto non oritur actio
   • Meaning: No action arises on a bare agreement.
6. Falsus in uno, falsus in omnibus
   • Meaning: False in one thing, false in everything.
7. Gross negligence
   • Meaning: A conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both.
8. Habeas corpus
   • Meaning: A legal action through which a person can seek relief from unlawful detention or imprisonment.
9. In pari delicto
   • Meaning: In equal fault; both parties are equally at fault.
10. Jus cogens
    • Meaning: Peremptory norms or principles of international law that are recognized by the international community of states as being fundamental to the maintenance of an international legal order.
11. Lex non cogit ad impossibilia
    • Meaning: The law does not compel a person to do that which is impossible.
12. Mens rea
    • Meaning: The mental element of a crime; the intention or knowledge of wrongdoing that constitutes part of a crime.
13. Nemo dat quod non habet
    • Meaning: No one can give what they do not have.
14. Obiter dictum
    • Meaning: A remark or observation made by a judge in passing, which is not binding as precedent.
15. Pacta sunt servanda
    • Meaning: Agreements must be kept.
16. Quasi-contract
    • Meaning: A legal relationship resembling a contract created by the courts to prevent injustice, even though no formal contract exists.
17. Res judicata
    • Meaning: A matter that has been finally adjudicated by a competent court and may not be pursued further by the same parties.
18. Stare decisis
    • Meaning: To stand by things decided; the legal principle of determining points in litigation according to precedent.
19. Ultra vires
    • Meaning: Beyond one’s legal power or authority.
20. Vicarious liability
    • Meaning: Legal responsibility imposed on one person for the actions of another, based solely on their relationship with the person who committed the wrongful act.
21. Actus reus
    • Meaning: The physical act or conduct that constitutes a criminal offense.
22. Bona fide
    • Meaning: In good faith; sincere intention or belief without any deceit or fraud.
23. Caveat emptor
    • Meaning: Let the buyer beware; the principle that the buyer is responsible for checking the quality and suitability of goods before purchase.
24. Damnum absque injuria
    • Meaning: Loss or harm suffered without a legally actionable injury or wrong.
25. Ex turpi causa non oritur actio
    • Meaning: No action arises from an immoral or illegal cause.
26. Fiat justitia ruat caelum
    • Meaning: Let justice be done though the heavens fall.
27. Generalia specialibus non derogant
    • Meaning: General provisions do not derogate from specific ones.
28. In loco parentis
    • Meaning: In the place of a parent; someone who assumes parental responsibilities and authority.
29. Jura novit curia
    • Meaning: The court knows the law.
30. Locus standi
    • Meaning: The right or capacity to bring an action or to appear in a court.
31. Mala fides
    • Meaning: Bad faith; dishonest or fraudulent intent.
32. Nemo debet bis vexari pro una et eadem causa
    • Meaning: No one should be vexed twice for the same cause.
33. Omnis definitio in jure civili periculosa est; parum est enim, ut non subverti posset
    • Meaning: Every definition in civil law is dangerous; for there is hardly anything that cannot be overthrown.
34. Prima facie
    • Meaning: At first sight; on the face of it.
35. Quid pro quo
    • Meaning: Something given or received in exchange for something else.
36. Res ipsa loquitur
    • Meaning: The thing speaks for itself; a principle that allows the inference of negligence from the nature of an accident or injury.
37. Sine qua non
    • Meaning: Without which not; an indispensable condition.
38. Ubi jus, ibi remedium
    • Meaning: Where there is a right, there is a remedy.
39. Volenti non fit injuria
    • Meaning: To a willing person, no injury is done.
40. Actio personalis cum persona moritur
    • Meaning: A personal right of action dies with the person.
41. Bona vacantia
    • Meaning: Vacant goods; property without a known owner.
42. Causa sine qua non
    • Meaning: A cause without which not; an essential or indispensable cause.
43. De facto
    • Meaning: In fact; something that exists in fact, regardless of whether it is legally recognized.
44. Ex contractu
    • Meaning: Arising from a contract; a legal term describing obligations arising from the agreement of the parties.
45. Fieri facias
    • Meaning: A writ of execution commanding a sheriff to levy and sell as much of a debtor’s property as necessary to satisfy a creditor’s judgment.
46. In personam
    • Meaning: Directed against a specific person; a legal action that seeks to establish a personal right or obligation.
47. Jus gentium
    • Meaning: Law of nations; principles of international law.
48. Lapsus linguae
    • Meaning: Slip of the tongue; an unintentional error in speech.
49. Modus operandi
    • Meaning: Method of operation; the way in which something is done.
50. Nemo dat quod non habet
    • Meaning: No one can give what they do not have.
51. Ab initio: From the beginning.
52. Actus reus: Guilty act.
53. Mens rea: Guilty mind.
54. Ignorantia juris non excusat: Ignorance of the law is no excuse.
55. Res ipsa loquitur: The thing speaks for itself.
56. Stare decisis: To stand by things decided.
57. Subpoena: Under penalty.
58. Qui facit per alium facit per se: He who acts through another does the act himself.
59. Pro bono publico: For the public good.
60. Innocent until proven guilty: The presumption of innocence in criminal cases.
61. Actus curiae neminem gravabit: An act of the court shall prejudice no one.
62. Caveat emptor: Let the buyer beware.
63. Damnum sine injuria: Damage without injury.
64. Ex turpi causa non oritur actio: From an immoral cause, no action arises.
65. Injuria sine damno: Injury without damage.
66. Nemo debet esse judex in propria causa: No one should be a judge in their own cause.
67. Nemo plus juris ad alium transferre potest quam ipse habet: No one can transfer a greater right to another than they themselves have.
68. Nemo tenetur seipsum accusare: No one is bound to accuse themselves.
69. Ratio legis est anima legis: The reason of the law is the soul of the law.
70. Ubi jus, ibi remedium: Where there is a right, there is a remedy.
71. Audi alteram partem: Hear the other side.
72. Falsus in uno, falsus in omnibus: False in one thing, false in everything.
73. Res judicata: A matter already judged.
74. Suppressio veri, suggestio falsi: Suppression of the truth is equivalent to the suggestion of falsehood.
75. Volenti non fit injuria: To a willing person, no injury is done.
76. Actus non facit reum, nisi mens sit rea: The act does not make a person guilty unless the mind is also guilty.
77. Ex post facto: After the fact.
78. Ignorantia facti excusat: Ignorance of fact excuses.
79. Lex non cogit ad impossibilia: The law does not compel the impossible.
80. Nulla poena sine lege: No penalty without a law.
81. Nullus commodum capere potest de injuria sua propria: No one can take advantage of their own wrong.
82. Nemo judex in parte sua: No one can be a judge in their own case.
83. Non sequitur: It does not follow.
84. Reus non facit, nisi mens rea: There is no crime unless there is criminal intent.
85. Salus populi suprema lex: The welfare of the people is the supreme law.
86. Ad idem: Of the same mind.
87. A posteriori: From the effect to the cause.
88. Ceteris paribus: All other things being equal or held constant.
89. Ex aequo et bono: In justice and fairness.
90. Ex ante: Before the event.
91. Ex nudo pacto non oritur actio: No action arises from a naked promise.
92. In personam: Against the person.
93. In rem: Against the property.
94. Modus operandi: Mode of operation.
95. Prima facie: At first sight.
96. Quantum meruit: As much as is deserved.
97. Res ipsa loquitur: The thing speaks for itself.
98. Sine qua non: An essential condition or requirement.
99. Status quo: The existing state of affairs.
100. Sub judice: Before a judge or court.
101. Ab Initio (From the beginning): A defect that existed from the outset can render an entire transaction void.
102. Actio personalis moritur cum persona (A personal right of action dies with the person): Certain legal claims cannot be pursued by or against the heirs of a deceased person.
103. Actori incumbit onus probandi (The burden of proof is on the plaintiff): The plaintiff (the one who brings the lawsuit) has the burden of proving their case by a preponderance of the evidence.
104. Actus Reus Non Facit Reum Nisi Mens Sit Rea (An act does not make one guilty unless the mind is guilty): Criminal intent (mens rea) is required for a finding of guilt.
105. Ad hoc (For the particular purpose): Created or used for a specific purpose.
106. Alias (Otherwise): A different name used by a person.
107. Alibi (At another place): A defense in which the defendant claims to have been somewhere else when the crime was committed.
108. Amicus Curiae (Friend of the court): Someone who is not a party to a case but who is permitted to submit information to the court to help it reach a decision.
109. Caveat emptor (Let the buyer beware): The buyer is responsible for ensuring that the goods they are purchasing are as described and fit for purpose.
110. Damnum sine injuria (Loss without legal wrong): A person may suffer a loss but not have a legal cause of action because no legal right was infringed upon.
111. De bonis asportatis (Of goods carried away): A trespassory taking of goods.
112. De minimis non curat lex (The law does not concern itself with trifles): The law does not concern itself with minor matters.
113. De novo (Anew): To start something over again from the beginning.
114. Dictum (A saying): A statement made by a judge in a legal opinion that is not essential to the decision of the case.
115. Doli incapax (Incapable of crime): A person who is too young or mentally impaired to understand the nature of their actions and the potential consequences.
116. Donatio mortis causa (A gift in contemplation of death): A gift given by a person who believes they are about to die.
117. Estoppel (Prevented from denying): A legal doctrine that prevents a person from denying something that they have previously asserted or acted upon.
118. Ex gratia (As a favor): Done as a favor and not as a legal obligation.
119. Ex parte (One-sided): Done by or for one party only.
120. Expressio unius est exclusio alterius (The express mention of one thing is the exclusion of another): If a statute lists specific things that are covered, then other things are not covered.
121. Fiat justitia ruat caelum (Let justice be done though the heavens fall): Justice must be served, even if it has negative consequences.
122. Force majeure (An act of God): An unforeseen event beyond human control that can excuse a party from performing their obligations under a contract.
123. Forum non conveniens (An inconvenient forum): A court that is not a convenient place for a case to be heard.
124. He who comes to equity must come with clean hands : A person who seeks equitable relief from a court must themselves be acting fairly and honestly.
125. Ignorantia juris non excusat (Ignorance of the law excuses no one): A lack of knowledge of the law is not a defense to a crime.
126. In camera (In chambers): In private, outside the public courtroom.
127. In loco parentis (In the place of a parent): A person who has assumed some of the responsibilities of a parent for a child.
128. In pari delicto (In equal fault): Both parties to a contract are equally at fault.
129. Indemnify (To compensate): To reimburse someone for a loss or expense that they have suffered
130. Jus sanguinis (Right of blood): Citizenship derived from a parent.
131. Jus soli (Right of soil): Citizenship derived from being born in a particular country.
132. Nemo dat quod non habet (No one gives what he does not have): You cannot transfer a greater right than you yourself possess.
133. Nemo judex in sua causa (No one should be a judge in their own case): A person cannot judge a case in which they have a personal interest.
134. Nullum crimen sine lege (No crime without a law): An act cannot be a crime unless it is clearly defined as such by law.
135. Nullus commodum capere potest de injuria sua propria (No one can take advantage of his own wrong): A person cannot benefit from their own wrongdoing.
136. Omnia praesumuntur rite esse acta (All things are presumed to have been done regularly): It is presumed that official actions have been taken correctly.
137. Pacta sunt servanda (Agreements must be kept): Contracts must be upheld by the parties involved.
138. Pari passu (With equal step): Sharing equally in proportion to their claims.
139. Respondeat superior (Let the superior answer): An employer is liable for the acts of their employees while they are acting within the scope of their employment.
140. Res ipsa loquitur (The thing speaks for itself): The evidence of an accident is so clear that it speaks for itself and negligence can be inferred.