50 Important Legal Maxims and Latin Terms

1. Ab Initio - From the beginning.
Explanation: This means that something is valid or applicable from the very start or the beginning.

2. Actionable per se - The act is punishable, and no proof of damage is required.
Explanation: This refers to an action or behaviour that is inherently wrong or punishable without needing to prove any specific harm or damage caused.

3. Actio personalis moritur cum persona - A personal right of action dies with the person.
Explanation: When a person passes away, their legal rights also cease.

4. Actori incumbit onus probandi - The burden of proof is on the plaintiff.
Explanation: In a legal case, the responsibility to provide evidence and prove their case lies with the person who initiates the lawsuit (plaintiff).

5. Actus Reus Non Facit Reum Nisi Mens Sit Rea - Conviction of a crime requires proof of a criminal act and intent.
Explanation: To be found guilty of a crime, it is necessary to prove that a wrongful act was committed (actus reus) and that there was a criminal intention or guilty mind (mens rea).

6. Ad hoc - For the particular end or case at hand.
Explanation: Something done or created specifically for a particular purpose or situation.

7. Alibi - At another place, elsewhere.
Explanation: The claim or evidence that someone was in a different location when a crime was committed, providing them with an alibi or an alternative explanation.

8. Amicus Curiae - A friend of the court or member of the Bar appointed to assist the Court.
Explanation: An individual or organization who is not directly involved in a case but offers their expertise or opinion to the court to provide additional guidance.

9. Ante Litem Motam - Before a suit or controversy arises.
Explanation: Actions or events that occur before a lawsuit is filed or before a dispute arises.

10. Assentio mentium - The meeting of minds, mutual assents.
Explanation: When two or more parties have a shared understanding or agreement on a particular matter.

11. Audi alteram partem - No man shall be condemned unheard.
Explanation: The principle is that everyone can present their side of the story and be heard before any judgment or condemnation is passed.

12. Bona fide - In good faith.
Explanation: Acting or behaving sincerely, honestly, and without deceit or ill-intention.

13. Bona vacantia - Goods without an owner.
Explanation: Refers to unclaimed property or assets that have no rightful owner.

14. Boni judicis est ampliare jurisdictionem - It is part of a good judge to enlarge their jurisdiction.
Explanation: A competent judge is responsible for interpreting and applying the law broadly to ensure justice.

15. Caveat - A caution registered with the public court to indicate that they are not to act in a matter without giving prior notice to the caveator.
Explanation: A notice or warning registered with the court to prevent any action or decision without notifying the party who issued the caveat.

16. Caveat actor - Let the doer beware.
Explanation: A warning to the person taking action or initiating a legal process to be cautious and aware of the consequences or potential risks involved.

17. Caveat emptor - Let the buyer beware.
Explanation: The principle that places the responsibility on the buyer to be cautious and diligent when making a purchase, as they are responsible for evaluating the quality and suitability of the goods or services.

18. Caveat venditor - Let the seller beware.
Explanation: The principle that places the responsibility on the seller to be cautious and honest when selling a product, as they may be held accountable for any defects or misrepresentations.

19. Certiorari - A writ used to quash orders passed by an inferior court.
Explanation: A legal writ that allows a higher court to review and potentially overturn a lower court's decision.

20. Corpus - Body.
Explanation: Refers to the physical body of a person, often used in legal contexts such as "habeas corpus" (the right to challenge unlawful detention

21. Corpus delicti - The facts and circumstances constituting a crime and concrete evidence of a crime, such as a corpse (dead body).
Explanation: In criminal law, it refers to the concrete evidence or material elements that prove a crime has been committed.

22. Damnum sine injuria - Damage without injury.
Explanation: Refers to a situation where harm or damage occurs without any legal injury, meaning there is no legal right violation.

23. De facto - In fact.
Explanation: Describes a situation that exists or is true in practice, even if it may not be legally recognized or formally established.

24. De jure - By law.
Explanation: Something that is recognized or established by law.

25. De minimis - About minimal things.
Explanation: Refers to matters or issues that are so insignificant or minimal that they are not considered worthy of attention or legal action.

26. De Minimis Non Curat Lex - The law does not govern trifles or ignores insignificant details.
Explanation: It is a legal principle stating that the law does not concern itself with minor or trivial matters.

27. De novo - To make something anew.
Explanation: Refers to starting afresh or from the beginning.

28. Dictum - Statement of law made by a judge in the course of the decision but not necessary to the decision itself.
Explanation: A statement or remark made by a judge in a court decision that is irrelevant or necessary to the case's outcome.

29. Doli incapax - Incapable of crime.
Explanation: Refers to the presumption that a person below a certain age (usually a child) cannot commit a crime due to a lack of understanding or criminal intent.

30. Detinue - The tort of wrongfully holding goods that belong to someone else.
Explanation: Refers to the wrongful act of retaining or refusing to return someone else's property or goods.

31. Donatio mortis causa - A gift because of death.
Explanation: Refers to a gift given in anticipation of the donor's imminent death and is only delivered upon the donor's death.

32. Estoppel - Prevented from denying.
Explanation: A legal doctrine that prevents a person from denying or contradicting a previous statement or position they have taken.

33. Ex gratia - As a favor.
Explanation: Something done or given voluntarily, out of kindness or goodwill, without legal obligation.
34. Ex officio - By virtue of the office held.
Explanation: By the authority or power granted to someone because of their position or office.

35. Ex parte - Proceedings in the absence of the other party.
Explanation: Legal proceedings or actions that take place without the presence or participation of the opposing party.

36. Ex post facto - After the fact or retroactively.
Explanation: Refers to a law or action that is applied retroactively, affecting events or actions that occurred before the law was enacted.

37. Fatum - Beyond human foresight.
Explanation: Something beyond human prediction or anticipation, often referring to unforeseen or uncontrollable events or circumstances.

38. Factum probans - Relevant fact.
Explanation: A fact or evidence that is significant or relevant in establishing a claim or proving a case.

39. Fraus est celare fraudem - It is a fraud to conceal a fraud.
Explanation: Refers to the principle that intentionally concealing or hiding fraudulent activities is considered fraudulent.

40. Functus officio - No longer having power or jurisdiction.
Explanation: Describes a person or entity no longer holding the authority or jurisdiction to act in a particular capacity.

41. Furiosi nulla voluntas est - Mentally impaired or mentally incapable persons cannot validly sign a will, contract, or form the necessary intent to commit a crime.
Explanation: States that individuals with mental impairments or incapacity lack the legal capacity to make valid decisions, such as signing legal documents or forming the intent required for criminal liability.
42. Habeas corpus - A writ used to bring a person before a judge to ensure their lawful detention.
Explanation: A legal writ that allows individuals to challenge the lawfulness of their detention or imprisonment.

43. Ignorantia juris non-excusat - Ignorance of the law excuses no one.
Explanation: The principle that not knowing or being unaware of a law does not absolve an individual from legal responsibility or liability for violating that law.

44. Injuria sine damno - Injury without damage.
Explanation: Refers to a situation where there is an infringement of a legal right or interest without any actual or significant harm or damage.

45. Ipso facto - By the mere fact itself.
Explanation: Something that automatically or inherently follows or results from a particular fact or action.

46. In promptu - In readiness.
Explanation: Refers to being prepared or ready for something.

47. In lieu of - Instead of
Explanation: In place of or as a substitute for something else.

48. In personam - A legal proceeding directed against a specific individual.
Explanation: Refers to a legal action or proceeding targeted or directed specifically against a particular individual to establish personal rights or obligations.

49. Innuendo - Spoken, defamatory words because they have a double meaning.
Explanation: Refers to a statement or remark that implies a defamatory meaning or intention through indirect or veiled language.

50. In status quo - In the current state or condition.
Explanation: Describes the existing or current state of affairs or circumstances.