Legal Maxims
खर्या रोमन लोकांसारखा विचार करणे,
वागणे, आणि खरे रोमन कसे बनायचे हे सर्वांना शिकवणे हेच त्यांचे ध्येय होते
जसजसे रोमन साम्राज्य हळूहळू कोसळले आणि नाहीसे होत गेले, तसतसे या सर्व देशांनी हळूहळू विद्यमान कायदेशीर व्यवस्थेचा स्वीकार करायला सुरूवात केली.
उदाहरणार्थ:
१. alibi (अलिबी- इतरत्र, दुसर्या
ठिकाणी) गुन्हा घडला तेव्हा तुम्ही कुठे होता असे तुम्हाला कोणी विचारले तर तुम्हाला
माहित आहे की गुन्हा घडला तेव्हा तुम्ही कुठे होता हे सिद्ध करण्यासाठी तुम्हाला
हे सांगणे आवश्यक आहे की ज्याने हे भयंकर कृत्य केले ते तुम्ही असू शकत नाही.
२. alias (उर्फ, अन्यथा). आज, अनेक लोक त्यांच्या नावासोबत उपनाम वापरतात.
३. versus (विरुद्ध किंवा विपरीत) हा शब्द बर्याचदा संक्षिप्त रूपात वि. (vs) वापरला जाते. अधिक सामान्य इंग्रजी अर्थ " असा आहे.
Term or phrase |
Literal translation |
Definitions |
a posteriori |
from later |
An argument derived from subsequent event OR from
previous event. |
ab extra |
from outside |
Concerning a case, a person may have received
some funding from a 3rd party. |
ab initio |
from the beginning |
Commonly used referring to the time a contract,
statute, marriage, or deed become legal. |
ad interim |
Temporarily |
- |
actus reus |
guilty act |
Part of what proves criminal liability |
ad hoc |
for this |
Generally, signifies a solution or posting designed
for a specific work, problem or task. |
ad infinitum |
to infinity |
To continue forever, without limit |
affidavit |
he has sworn |
A formal statement of fact |
amicus curiae |
friend of the court |
A person who offers information to a court
regarding a case before it. |
ante |
before |
- |
arguendo |
for the sake of argument |
- |
audi alteram partem |
hear the other side |
Refers to the idea that one cannot be fairly
judged unless the cases for and against them have been heard. |
alibi |
Elsewhere |
|
alias |
otherwise called |
otherwise known as used to indicate an
additional name that a person |
bona fide |
in good faith. |
Implies sincere good intention regardless of
outcome. |
Caveat |
May he beware |
When used by itself, refers to a qualification,
or warning. |
Certiorari |
To be apprised, to certify |
A type of writ seeking judicial review. Certiorari means to certify. It is derived from common law. The Writ of
Certiorari is corrective in nature. It is a command or an order issued to an
inferior court or tribunal, board, authorities, officers by High Court or
Supreme Court to submit the records to review. |
cogitationis poenam nemo patitur |
Nobody suffers punishment for mere intent |
|
compos mentis |
Having command of mind |
|
consuetudo pro lege servatur |
Custom is held as law |
Where no laws apply to a given situation, the
customs of the place and time will have the force of law. |
contra |
Against |
|
contra legem |
Against the law |
Used when a court or tribunal hands down a
decision that is contrary to the laws of the governing state. |
Contradictio in adjecto |
Contradiction in itself |
A contradiction in terms. |
coram non judice |
Before one who is not a judge |
Refers to a legal proceeding without a judge, or
with a judge who does not have proper jurisdiction. |
crimen falsi |
Crime of falsifying |
Forgery. |
damnum sine injuria |
- |
Damages without violation of any legal right. |
de facto |
In fact |
|
de jure |
According to law |
something that is established in law, whether or
not it is true in general practice. |
delegator potestas non potest delegari, delegate’s protest non delegare
|
- |
Powers that which has been delegated, cannot
delegated [further] |
de novo trail |
|
A trail from the beginning, a new or fresh trail |
de minimis non curat lex |
The law does not concern itself with the smallest
[things] |
There must be a minimal level of substance or
impact in order to bring a legal action. |
dictum |
(thing) said |
A statement given some weight or consideration
due to the respect given the person making it. |
ei incumbit probatio qui dicit |
Proof lies on him who asserts. |
The concept that one is innocent until proven
guilty. |
et al |
And others |
Abbreviation of et alii, meaning "and
others". |
et uxor |
And wife. |
Usually used instead of naming a man's wife as a
party in a case. |
et vir |
And husband. |
Usually used instead of naming a woman's husband
as a party in a case. |
ex ante |
Of before. |
Essentially meaning "before the event" |
Ex audita |
|
From hearsay |
ex facie |
On the face |
can be considered void ex facie without
any further analysis or arguments. |
ex officio |
From the office, by virtue of office |
Something done or realized by the fact of holding
an office or position. |
ex parte |
From [for] one party |
without the other party being present, in absence
of opposite party. |
ex post |
From after |
Based on knowledge of the past. |
ex post facto |
From a thing done afterward |
Commonly said as "after the fact.",
made after the occurrence. |
exempli gratia |
For the sake of example |
Usually abbreviated "e.g.". |
fiat |
Let it be done |
A warrant issued by a judge for some legal
proceedings. |
facsimile |
|
An exact copy |
fait accompli |
|
No longer worth arguing further |
feme covert |
|
A married woman |
forum |
|
A court |
functus officio |
|
A person who performed his duty |
habeas corpus |
have the body |
A writ used to challenge the legality of
detention. Orders the detaining party to “have the (living) body” of the
detained brought before the court where the detention will be investigated. Literally means to have the body. It is a
prerogative writ. It is an order of release. It provides a remedy for a
person who is wrongfully detained or restrained. |
i.e. |
That is |
Abbreviation of id est, meaning “that
is”, in the sense of restating something that may not have been clear. |
ibid. |
In the same place |
Abbreviation of ibidem, meaning “in
the same place. Used when citing sources, to indicate the cited source came
from the identical location as the preceding one. |
idiot |
|
A feeble minded person, foolish person |
ignorantia juris non excusat |
Ignorance of the law does not excuse |
A principle that states that not having knowledge
of a law is not an excuse for breaking it. |
imprimatur |
Let it be printed. |
An authorization for a document to be printed.
Used in the context of approval by authority. |
in camera |
In the chamber |
Conducted in private, or in secret. The opposite
of in open court. |
in curia |
In court |
Conducted in open court. The opposite of in
camera. |
in futuro |
In the future |
Refers to things to come, or things that may
occur later but are not so now. |
in loco parentis |
In the place of a parent |
This can be used in transfers of legal
guardianship, or in the case of schools or other institutions that act in the
place of the parents on a day-to-day basis. |
in omnibus |
In all |
Used to mean “in every respect.” Something
applying to every aspect of a situation. |
in pari delicto |
In equal offense |
Used when both parties to a case are equally at
fault. |
in posterum |
|
In future |
in prope persona |
On one’s own person |
One who represents themselves in court without
the assistance of an attorney. |
in propria persona |
In one’s own proper person |
Alternate form of in prope persona.
One who represents themselves in court without the assistance of an attorney. |
in rem |
|
An act is done with reference to no specific
person |
in toto |
In total |
Entirely, wholly |
inter vivos |
Between the living |
Refers to a gift or other non-sale transfer
between living parties. This is in contrast to a will, where the transfer
takes effect upon one party’s death. |
intra |
Within the law |
Used in various contexts to refer to the legal
foundation for a thing |
intra vires |
Within the powers |
Something done which requires legal authority,
and the act is performed accordingly. |
ipso facto |
By the fact itself |
Used in the context that one event is a direct
and immediate consequence of another. “In and of itself.” |
iudex non calculat |
The judge does not calculate |
A principle that calculation errors made by the
court do not invalidate the judgement on a technicality. |
jura novit curia |
The court knows the law |
Concept that parties to a case do not need to
define how the law applies to their case. The court is solely responsible for
determining what laws apply. |
jurat |
(He) swears |
Appears at the end of an affidavit, where the
party making the affirmation signs the oath, and the information on whom the
oath was sworn before is placed. |
jus |
Law, right |
|
lacunae |
Void, gap |
A situation arising that is not covered by any
law. |
lex posterior auditor priority |
Later law removes the earlier |
More recent law overrules older ones on the same
matter. |
lex scripta |
Written law |
Law that specifically codifies something, as
opposed to common law or customary law. |
lex specialis auditor legi generali |
Specific law takes away from the general law |
Where several laws apply to the same situation,
the more specific one(s) take precedence over more general ones. |
lis alibi pendens |
Law-suit elsewhere pending |
Refers to requesting a legal dispute be heard
that is also being heard by another court. To avoid possibly contradictory
judgements, this request will not be granted. |
lis pendens |
Suit pending |
Often used in the context of public announcements
of legal proceedings to come. |
locus |
Place |
|
locus standi |
Place of standing |
The right of a party to appear and be heard
before a court. |
mala fide |
(In) bad faith |
A condition of being fraudulent or deceptive in
act or belief. |
malum in se |
Wrong in itself |
Something considered a universal wrong or evil,
regardless of the system of laws in effect. |
mandamus |
We command |
A writ issue by a higher court to a lower
one, ordering that court or related officials to perform some administrative
duty. Often used in the context of legal oversight of government agencies. Mandamus
literally means a
command. It is issued: |
mens rea |
Guilty mind |
One of the requirements for a crime to be
committed, the other being the guilt act. |
modus operandi |
Manner of operation |
A person’s particular way of doing things. Used when
using behavioral analysis while investigating a crime. Often abbreviated “M.O.” |
mortis causa |
Caused by death |
Donation that is made in contemplation of death |
nemo auditor propriam turpitudinem allegans |
no one can be heard, who invokes his own guilt |
Nobody can bring a case that stems from their own
illegal act |
nemo judex in sua causa |
no one shall be a judge in his own case |
Prevents conflict of interest in courts. Often
invoked when there is really no conflict, but when there is even the
appearance of one. |
nemo plus iuris ad alium transferre potest quam
ipse habet |
no one can transfer a greater right than he
himself has |
A purchaser of stolen goods will not become the
rightful owner thereof, since the seller himself was not the owner to begin
with. |
nisi |
Unless |
A decree that does not enter into force unless
some other specified condition is met. |
nolle prosequi |
Not to prosecute |
A statement from the prosecution that they are
voluntarily discontinuing (or will not initiate) prosecution of a matter. |
nolo contendere |
I do not wish to dispute |
A type of plea whereby the defendant neither
admits nor denies the charge. Commonly interpreted as “No contest.” |
non compos mentis |
not in possession of [one’s] mind |
not having mental capacity to perform some legal
act, Not of sound mind |
non est factum |
It is not [my] deed |
A method whereby a signatory to a contract can
invalidate it by showing that his signature to the contract was made
unintentionally or without full understanding of the implications. |
non faciat malum, ut inde veniat bonum |
not to do evil that good may come |
Performing some illegal action is not excused by
the fact that a positive result came therefrom. |
nulla poena sine lege |
no penalty without a law |
One cannot be prosecuted for doing something that
is not prohibited by law. |
nullum crimen, nulla poena sine praevia lege
poenali |
no crime, no punishment without a previous penal
law |
One cannot be prosecuted for doing something that
was not prohibited by law at the time and place it was committed, notwithstanding
laws made since that time. A form of prohibition on retroactive laws. |
nunc pro tunc |
now for then |
An action by a court to correct a previous
procedural or clerical error. |
null and void |
|
No longer valid, legitimate, or enforceable |
onus |
|
The burden, load |
par delictum |
equal fault |
Used when both parties to a dispute are at fault |
pater familias |
father of the family |
The head of household, for purposes of
considering the rights and responsibilities thereof. |
per capita |
by head |
dividing money up strictly and equally according
to the number of beneficiaries |
per contra |
by that against |
Legal shorthand for "in contrast to" |
per se |
by itself |
Something that is, as a matter of law. |
prima facie |
at first face |
A matter that appears to be sufficiently based in
the evidence as to be considered true. |
post mortem |
after death |
Refers to an autopsy, or as a qualification as to
when some event occurred. |
Pro per |
“one’s own person” |
Representing oneself, without counsel. Also known
as pro se representation. |
prius quam exaudias ne iudices |
do not judge, before you hear |
|
pro forma |
as a matter of form |
Things done as formalities. |
pro tem OR pro tempore |
"for the time being" |
Something, such as an office held, that is
temporary. |
proviso |
|
A clause which limits or qualifies the principal
clause. |
prohibition |
to forbid |
The Writ of Prohibition is preventive
in nature. It prevents the lower court from exceeding its jurisdiction or
usurping the jurisdiction that it does not possess. The Writ of Prohibition
is available only against judicial and quasi-judicial authorities. |
qua |
which; as |
In the capacity of |
quantum |
how much |
|
quasi |
as if |
Resembling or being similar to something, without
actually being that thing. |
quasi-judicial |
|
Judicial in some sense but not in every sense |
quo warranto |
by what warrant? |
A type of writ. A request made to someone
exercising some power, to show by what legal right they are exercising that
power. To check the legality
of a person’s claim to a public office. It can be issued to check the claim
of public office only. |
quorum |
|
Specific number of members for forming |
ratio decidendi |
|
Reason underlying the decision, the reason for
deciding |
res |
thing, matter, issue, affair |
|
res derelicata |
|
An abandoned property |
res judicata |
a matter already judged |
A matter that has been finally adjudicated,
meaning no further appeals or legal actions by the involved parties is now
possible. |
respondeat superior |
let the master answer |
A concept that the master (e.g. employer) is responsible
for the actions of his subordinates (e.g. employees). |
rex non potest peccare |
The king can do no wrong |
Used to describe the basis for sovereign immunity |
salus populi suprema lex esto |
The good of the people shall be the supreme law |
Used variously as a motto, a reminder, or a
notion of how the law and governments in general should be. |
scire facias |
let them know |
A writ, directing local officials to
officially inform a party of official proceedings concerning them. |
sic utere tuo ut alienum non laedas |
use your property so as not to injure that of your
neighbors |
While an individual is entitled to the use and
enjoyment of one's estate, the right is not without limits. Restrictions can
give rise to tort actions include trespass, negligence, strict liability, and
nuisance. |
sine die |
without day |
Used when the court is adjourning without
specifying a date to re-convene. also called adjournment sine die. |
status quo |
the state in which |
In a case of innocent representation, the injured
party is entitled to be replaced in statu quo. Note the common usage is status
quo from the Latin status quo ante, the "state in which
before" or "the state of affairs that existed previously." |
sub judice |
under the judge |
Refers to a matter currently being considered by
the court. |
suo motu |
of its own motion |
Refers to a court or other official agency taking
some action on its own accord. Similar tosua sponte. |
supersedeas |
refrain from |
A bond tendered by an appellant as surety to the
court, requesting a delay of payment for awards or damages granted, pending
the outcome of the appeal. |
suppressio veri |
suppression of the truth |
Willful concealment of the truth when bound to reveal
it. |
suo moto |
|
Suo motu or Suo Moto are
interchangeable terms meaning "on its own motion," |
supra |
above |
Used in citations to refer to a previously cited
source. |
ultra vires |
beyond the powers |
An act that requires legal authority to perform,
but which is done without obtaining that authority. |
uxor |
wife |
Used in documents in place of the wife's name. Usually
abbreviated et ux. |
veto |
I forbid. |
The power of an executive to prevent an action,
especially the enactment of legislation. |
versus |
against |
|
vice versa |
the other way around |
Something that is the same either way. |
vis-a-vis |
|
The relationship of one or two persons when
situated opposite each other. |
vide |
see |
Used in citations to refer the reader to another
location. |
viz. |
Abbreviation of videlicet |
Namely |
volenti non fit injuria |
injury is not done to the willing |
Notion that a person cannot bring a claim against
another for injury, if said person willingly placed themselves in a situation
where they knew injury could result. |
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