A legal maxim is a well-established principle or rule of law that is expressed in a short, concise Latin phrase, although some are in English or other languages. These maxims have evolved over centuries through court decisions, legal philosophy, and scholarly writings. They serve as guiding principles in interpreting laws and applying justice.
🔍 Definition:
Legal maxim: A general legal principle, usually expressed in Latin, that is used by judges and lawyers to interpret the law and guide judicial decisions.
🧠 Key Features of Legal Maxims:
- Concise and Memorable
- Example: “Audi alteram partem” – Hear the other side.
- Universally Applicable
- They are applied across various legal systems and subjects (criminal, civil, constitutional law, etc.).
- Aid in Interpretation
- Help in clarifying ambiguous laws or filling in legal gaps.
- Backed by Precedent
- Usually supported by court rulings or longstanding legal traditions.
🧑⚖️ Why Legal Maxims Are Important:
| Purpose | Explanation |
|---|---|
| Interpretation of law | They help courts and lawyers interpret vague or unclear statutes. |
| Application of justice | Promote fairness and consistency in judicial decisions. |
| Legal reasoning | Serve as tools for constructing logical legal arguments. |
| Education & tradition | Help law students and practitioners understand the essence of legal logic. |
List of100 Legal maxim
1. Actus non facit reum nisi mens sit rea
- Meaning: An act does not make a person guilty unless there is a guilty mind.
- Use: Fundamental in criminal law to prove both act (actus reus) and intent (mens rea).
2. Audi alteram partem
- Meaning: Let the other side be heard.
- Use: A principle of natural justice requiring fair hearing.
3. Nemo judex in causa sua
- Meaning: No one should be a judge in their own cause.
- Use: Used to prevent bias in judicial proceedings.
4. Ubi jus ibi remedium
- Meaning: Where there is a right, there is a remedy.
- Use: Establishes that legal rights must have enforceable remedies.
5. Fiat justitia ruat caelum
- Meaning: Let justice be done though the heavens fall.
- Use: Emphasizes justice even if consequences are harsh.
6. Ignorantia juris non excusat
- Meaning: Ignorance of the law is no excuse.
- Use: A person can’t escape liability just by claiming they didn’t know the law.
7. Ex turpi causa non oritur actio
- Meaning: No action arises from an immoral cause.
- Use: Used to deny relief to a party involved in illegal acts.
8. Dura lex sed lex
- Meaning: The law is harsh, but it is the law.
- Use: Acknowledges strict laws must still be obeyed.
9. Lex non cogit ad impossibilia
- Meaning: The law does not compel the impossible.
- Use: Used as a defense when performance is truly impossible.
10. Justice delayed is justice denied
- Meaning: Delayed justice is as bad as injustice.
- Use: Urges prompt legal remedies.
11. Consensus ad idem
- Meaning: Agreement to the same thing.
- Use: Required for a valid contract.
12. Caveat emptor
- Meaning: Let the buyer beware.
- Use: Buyer assumes risk if they don’t inspect goods.
13. Caveat venditor
- Meaning: Let the seller beware.
- Use: Seller must disclose defects post-consumer protection laws.
14. Pacta sunt servanda
- Meaning: Agreements must be kept.
- Use: Enforces the sanctity of contracts.
15. Nemo dat quod non habet
- Meaning: No one can give what they do not have.
- Use: Buyer gets no better title than the seller had.
16. Quicquid plantatur solo, solo cedit
- Meaning: Whatever is affixed to the soil belongs to the soil.
- Use: Fixtures become part of property.
17. Res nullius
- Meaning: Property belonging to no one.
- Use: Can be claimed by the first possessor.
18. Ab initio
- Meaning: From the beginning.
- Use: A void contract is invalid ab initio.
19. In pari delicto
- Meaning: Equally at fault.
- Use: Courts do not assist parties involved in illegal acts.
20. Volenti non fit injuria
- Meaning: To one who consents, no harm is done.
- Use: Used as a defense in tort law.
21. Res judicata
- Meaning: A matter already judged.
- Use: Prevents re-litigation of the same issue.
22. Sub judice
- Meaning: Under judgment.
- Use: Restricts discussion of ongoing legal matters.
23. Obiter dicta
- Meaning: Things said in passing.
- Use: Non-binding part of a judgment.
24. Ratio decidendi
- Meaning: The reason for the decision.
- Use: Binding precedent in case law.
25. De minimis non curat lex
- Meaning: The law does not concern itself with trifles.
- Use: Courts ignore insignificant matters.
26. Amicus curiae
- Meaning: Friend of the court.
- Use: Experts who help the court.
27. Inter alia
- Meaning: Among other things.
- Use: Used to show additional details.
28. Stare decisis
- Meaning: To stand by things decided.
- Use: Courts follow earlier decisions.
29. Per incuriam
- Meaning: Through lack of care.
- Use: Refers to decisions made ignoring key law.
30. Locus standi
- Meaning: The right to be heard in court.
- Use: Ensures only affected parties sue.
31. Corpus delicti
- Meaning: The body of the crime.
- Use: Evidence that a crime has been committed.
32. Mens rea
- Meaning: Guilty mind.
- Use: Criminal intent required for conviction.
33. Actus reus
- Meaning: Guilty act.
- Use: The physical element of a crime.
34. Alibi
- Meaning: Elsewhere.
- Use: Defense showing accused was elsewhere.
35. Double jeopardy
- Meaning: Tried twice for the same offense.
- Use: Constitutionally prohibited.
36. Nemo tenetur seipsum accusare
- Meaning: No one is bound to accuse themselves.
- Use: Right against self-incrimination.
37. Ignorantia facti excusat
- Meaning: Ignorance of fact excuses.
- Use: Can negate criminal intent.
38. Onus probandi
- Meaning: Burden of proof.
- Use: Lies with the party who asserts.
39. Falsus in uno, falsus in omnibus
- Meaning: False in one thing, false in everything.
- Use: Discredits testimony entirely.
40. Presumption of innocence
- Meaning: Everyone is innocent until proven guilty.
- Use: Core of criminal justice system.
41. Prima facie
- Meaning: At first glance.
- Use: Preliminary evidence to support a case.
42. Mutatis mutandis
- Meaning: With necessary changes.
- Use: Adapting legal principles to different cases.
43. Lex talionis
- Meaning: Law of retaliation.
- Use: Found in ancient legal systems.
44. Ut res magis valeat quam pereat
- Meaning: Interpretation should uphold rather than destroy.
- Use: Courts favor interpretations that validate.
45. Noscitur a sociis
- Meaning: A word is known by its associates.
- Use: Helps interpret words in context.
46. Ejusdem generis
- Meaning: Of the same kind.
- Use: General terms follow specific ones.
47. Expressio unius est exclusio alterius
- Meaning: Mention of one excludes others.
- Use: Legal lists are exhaustive.
48. Delegatus non potest delegare
- Meaning: A delegate cannot further delegate.
- Use: Used in administrative law.
49. Rex non potest peccare
- Meaning: The king can do no wrong.
- Use: Refers to sovereign immunity.
50. Salus populi suprema lex
- Meaning: Welfare of the people is the supreme law.
- Use: Justification for public interest laws.
51. Qui facit per alium facit per se
- Meaning: He who acts through another acts himself.
- Use: Establishes principal-agent liability.
52. Nemo est supra leges
- Meaning: No one is above the law.
- Use: Fundamental in rule of law and constitutional law.
53. Nullum crimen sine lege, nulla poena sine lege
- Meaning: No crime or punishment without law.
- Use: Prevents retroactive criminal liability.
54. Lex posterior derogat priori
- Meaning: A later law repeals an earlier law.
- Use: Used in resolving conflicts between statutes.
55. Lex specialis derogat legi generali
- Meaning: A special law overrides a general law.
- Use: Applied in statutory interpretation.
56. In dubio pro reo
- Meaning: When in doubt, for the accused.
- Use: Doubtful cases resolved in favor of the accused.
57. Nemo moriturus praesumitur mentire
- Meaning: A man will not meet his maker with a lie.
- Use: Basis for admitting dying declarations.
58. Actori incumbit onus probandi
- Meaning: The burden of proof lies on the claimant.
- Use: Plaintiff must prove his case.
59. Vigilantibus non dormientibus jura subveniunt
- Meaning: The law assists the vigilant, not the sleeping.
- Use: Encourages timely legal action.
60. Qui non improbat, approbat
- Meaning: He who does not oppose, approves.
- Use: Implied consent in law.
61. Nemo potest esse tenens et dominus
- Meaning: No one can be both tenant and landlord.
- Use: Applied in property disputes.
62. Qui prior est tempore potior est jure
- Meaning: He who is earlier in time is stronger in law.
- Use: Used in priority of rights.
63. Nemo plus juris ad alium transferre potest quam ipse habet
- Meaning: No one can transfer a better title than they have.
- Use: Reinforces nemo dat rule in property law.
64. Lex loci contractus
- Meaning: Law of the place where the contract is made.
- Use: Determines which jurisdiction’s law applies.
65. Lex loci delicti
- Meaning: Law of the place where the tort was committed.
- Use: Governs tort cases involving foreign elements.
66. In jure non remota causa sed proxima spectatur
- Meaning: In law, the immediate cause is considered, not the remote one.
- Use: In negligence and tort law.
67. Commodum ex injuria sua nemo habere debet
- Meaning: No one should benefit from his own wrong.
- Use: Applied in equity and estoppel.
68. Damnum sine injuria
- Meaning: Damage without legal injury.
- Use: No remedy unless a legal right is violated.
69. Injuria sine damno
- Meaning: Legal injury without actual damage.
- Use: Remedy allowed even if no actual harm caused.
70. Donatio mortis causa
- Meaning: Gift made in contemplation of death.
- Use: Treated as a conditional gift upon death.
71. Res ipsa loquitur
- Meaning: The thing speaks for itself.
- Use: Used in negligence where facts imply fault.
72. Sic utere tuo ut alienum non laedas
- Meaning: Use your own property without harming others.
- Use: Basis of nuisance law.
73. Acta exteriora indicant interiora secreta
- Meaning: External actions show internal thoughts.
- Use: Proves intent via behavior.
74. Consensus facit legem
- Meaning: Agreement makes the law.
- Use: Used to establish contractual obligations.
75. Aequitas sequitur legem
- Meaning: Equity follows the law.
- Use: Equity cannot override clear statutory law.
76. He who seeks equity must do equity
- Meaning: A party must act fairly to receive fairness.
- Use: A principle in equitable remedies.
77. He who comes to equity must come with clean hands
- Meaning: No relief for those with unethical conduct.
- Use: Denies equitable remedy to dishonest claimants.
78. Equity looks to the intent rather than the form
- Meaning: Substance over form.
- Use: Applied in will and trust interpretation.
79. Equity regards as done that which ought to be done
- Meaning: Legal fiction to enforce obligations.
- Use: Often used in property and contract law.
80. Equity will not suffer a wrong to be without a remedy
- Meaning: Equity provides a remedy even if law doesn’t.
- Use: Supports development of equitable doctrines.
81. Nulla poena sine culpa
- Meaning: No punishment without fault.
- Use: Principle in criminal liability.
82. Lex non favet votis delicatorum
- Meaning: The law does not favor the wishes of the weak.
- Use: Strict enforcement despite sentiment.
83. Nemo debet bis vexari pro eadem causa
- Meaning: No one should be troubled twice for the same cause.
- Use: Same as double jeopardy.
84. Nemo tenetur prodere seipsum
- Meaning: No one is bound to betray themselves.
- Use: Right against self-incrimination.
85. Lex semper dabit remedium
- Meaning: The law always gives a remedy.
- Use: Ensures remedy where right is violated.
86. Nullus commodum capere potest de injuria sua propria
- Meaning: No one can profit from their own wrong.
- Use: Prevents unjust enrichment.
87. Ex nudo pacto non oritur actio
- Meaning: No action arises from a bare promise.
- Use: A contract without consideration is not enforceable.
88. Contra proferentem
- Meaning: Against the one who drafted the document.
- Use: Ambiguities in contracts are construed against the drafter.
89. Inter vivos
- Meaning: Between the living.
- Use: Refers to transactions made during one’s lifetime.
90. Post mortem
- Meaning: After death.
- Use: Related to wills, estates, or forensic matters.
91. Stipulatio alteri
- Meaning: A contract for the benefit of a third party.
- Use: Allows third-party beneficiaries to claim rights.
92. Jus ad rem
- Meaning: Right to a thing (personal right).
- Use: Gives right to demand performance or property.
93. Jus in rem
- Meaning: Right against the world (real right).
- Use: Property rights enforceable against all.
94. Jus naturale
- Meaning: Natural law.
- Use: Basis of moral and human rights.
95. Jus civile
- Meaning: Civil law (of citizens).
- Use: Law applicable to a specific community.
96. Jus gentium
- Meaning: Law of nations.
- Use: Basis of international law.
97. Jus cogens
- Meaning: Compelling law.
- Use: Peremptory norms in international law.
98. Pactum de non petendo
- Meaning: Agreement not to sue.
- Use: Valid as a waiver of legal right.
99. Ratio legis est anima legis
- Meaning: The reason of the law is its soul.
- Use: Encourages purposive interpretation.
100. Cessante ratione legis cessat ipsa lex
Use: Law becomes obsolete if its purpose disappears.
Meaning: When the reason for a law ceases, the law itself ceases.
