LEGAL MAXIMS LAWYERS NEED TO KNOW

Legal Terms and Phrases: Definitions and Meanings

Actionable per se

The very act is punishable and no proof of damage is required.

Alibi

At another place, elsewhere.

Audi alteram partem

“No man shall be condemned unheard.” This principle ensures that all parties involved in a dispute have the right to be heard before judgment is passed.

Amicus Curiae

A friend of the court or member of the Bar who is appointed to assist the Court with impartial legal expertise.

Assentio mentium

The meeting of minds, i.e., mutual assents, essential for the formation of a valid contract or agreement.

Doli incapax

Incapable of crime, particularly used in reference to minors under a certain age.

Detinue

The tort of wrongfully holding goods that belong to someone else, leading to legal action for recovery.

Denatio mortis causa

A gift because of death, often referring to a gift made in contemplation of one’s own death.

Estoppel

A legal principle that prevents a person from asserting something contrary to what is implied by a previous action or statement.

Ex parte

Proceedings conducted in the absence of the other party, typically referring to applications or motions where only one side is represented.

Ex gratia

As a favor or goodwill gesture, not based on legal obligation but out of kindness or courtesy.

Ex officio

By virtue of holding a particular office, often used to describe roles or decisions made because of an official position.

Fatum

Beyond human foresight, referring to events or outcomes determined by fate or destiny.

Justitia nemini neganda est

Justice is to be denied to nobody, emphasizing the fundamental right to fair treatment under the law.

Lex non a rege est violanda

The law must not be violated even by the king, asserting the supremacy of legal principles over arbitrary authority.

Locus standi

The right of a party to an action to appear and be heard by the court, based on their interest or connection to the case.

Mala fide

Acting in bad faith, with dishonest or deceitful intentions.

Mandamus

“We command.” A writ issued by a higher court to compel a government agency or public authority to perform a legal duty.

Mens rea

Guilty mind, referring to criminal intent or knowledge of wrongdoing.

Misnomer

An incorrect or inaccurate name or term used to describe something or someone.

Modus operandi

Method or way of working, particularly used in describing the habitual way someone conducts themselves, especially in criminal activities.

Modus Vivendi

Way of living or lifestyle, often used in legal contexts to describe agreements or arrangements between parties to coexist peacefully.

Nemo bis punitur pro eodem delicto

Nobody can be twice punished for the same offense, reflecting the principle of double jeopardy.

Nemo debet esse judex in propria causa

“No one should be a judge in his own case,” emphasizing the requirement for impartiality and fairness in legal proceedings.

Nolle prosequi

A formal notice of abandonment by a plaintiff or prosecutor of all or part of a legal action, typically used to dismiss charges.

Novation

The substitution of a new contract or agreement in place of an existing one, with the consent of all parties involved.

Quo warranto

“By what authority.” A legal action requiring a person to demonstrate the authority by which they hold a public office or position.

Ratio decidendi

The principle or reason underlying a court’s decision, forming the basis for future legal judgments and precedents.

Res ipsa loquitur

“The thing speaks for itself,” used in cases where the facts and circumstances surrounding an incident imply negligence or liability.

Rex non protest peccare

“The king can do no wrong,” historically asserting the immunity of the sovereign from legal liability.

Salus populi est suprema lex

“The welfare of the people is the supreme law,” highlighting the prioritization of public interest in legal and governmental matters.

Status quo

The existing state of affairs or condition, particularly referring to the current situation or circumstances.

Sine die

“Without a day.” Indefinitely postponed or adjourned, often referring to legal proceedings or meetings.

Sine qua non

“Without which nothing.” An essential condition or requirement that is indispensable for something else to occur or be valid.

Ubi jus ibi remedium

“Where there is a right, there is a remedy.” Ensuring that legal rights are accompanied by appropriate legal remedies or actions.

Vis major

“Act of God.” Referring to extraordinary events or circumstances beyond human control, often used in contract law to excuse non-performance.

Volenti non fit injuria

“To one who is willing, no wrong is done.” Damage suffered with consent or voluntary assumption of risk does not give rise to a legal claim.

Veto

A constitutional right or power to reject a decision or proposal, particularly used by executives to block legislation.

Vice versa

“In reverse order.” Referring to a situation where the order or positions of two elements are switched or reversed.

Waiver

The voluntary relinquishment or surrender of a legal right or privilege, often done explicitly or by conduct.

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