Saturday, May 12, 2012



Compiled by K P C Rao., LLB., FCS., FCMA

                                                       LEGAL MAXIMS 

A coelo usque ad centrum
From the heavens to the Contre (of the earth). [Godson v. Richardson, LR 9 Ch Ap 221; Corbett v. Hill, LR 9 Eq 671; Glasgow C. and D. Ry. Co v. MacBrayne, 10 R 894; Wandsworth Board of Works, LR 13 QBD 904].

A contrario sensu
Literally, in the opposite sense or view; equivalent to the common expression, on the other hand.

A fortiort
By a stronger argument.

A morte testatoris
From the death of the testator. A legacy o9r bequest does not vest in the legatee or beneficiary until this event takes place, [Finlay v. Mackenzie, 2 R 909].

A non domino
From one who is not the proprietor.

A pari  
Equally; in like manner.

A mensa et thoro
From bed and board.

A verbis legis non est recondendum
No departure is permitted from the words of a statute. Where the language of a statute is plain and unequivocal, it must read according to its necessary meaning, and so enforced.

Ab ante  
Before; previously.

Ab antiquo
From ancient time; of old.

Ab intestato
From a person dying intestate. The property of any one dying without of it by a valid deed.

Ab solute sentential expositor non indigent
An absolute (or unequivocal) sentence needs no expositor.

Abundans cautela non nocet
Extreme caution does no harm. This maxim finds its application generally in cases where the granter of a deed, as, for example, A testator, adds words descriptive of the person or class of persons he means to favour, beyond what are necessary for the purpose of mere description, in order, to make his intention more clear, [Adam v. Farqutiarson, 2 D 1162].
A mode, under the Civil law, of extinguishing a verbal obligation.

Accsorium non ducit sed sequitur suum principale
The incident shall pass by the grant of the principal, but not the principal by the grant of the incident. Parcel or of the essence of A thing passes by the grant of the thing itself, although at the time of the grant it were actually several from it; by the grant, therefore, of A mill, the mill-stone may pass, although temporarily severed from the mill, [Wyld v. Pickford, 8 M&W 443].

Accessorium principal sequitor
An accessory follows the principal to which it is an accessory.

Acquisita et acquirenda
Things acquired, and to be acquired.

Acta exteriora indicant interiorg secreta
Acts indicate the intention. Where several beasts are distrained damage feasant, the subsequent abuse of one does not invalidate the seizure of the others, [Dod v. Monger, 6 Mod 215].

Acta in uno judicio non probant in alio nisi inter easdem personas
Things done in one action cannot be taken as evidence in another unless it be  between the same parties.

An action.

Actio contra defunctum coepta, contnuatur in haeredes
An action commenced against a person deceased transmits against his heirs.

Actio personalis moritur cum persona
A personal right of action dies with the person. The personal representative could always sue, not only for the recovery of all debts due to the deceased by specialty or otherwise, but for all breaches of contract with him, except breaches which imported a mere personal injury, [Raymond v. Fitch, 2 CM&R 588].

Actioner penales
Penal actions, or actions having penal conclusion.

Actions stricti juris
Action of strict law, where the judge could only regard the strict terms of the contract and decide according to the rules of law affecting it, without regarding the equity of the question at Issue.
Pursuer or plaintiff.

Actum et tractatum
Done and transacted.

Actus animi
An act of the mind; intention.

Actus curiae neminem gravabit
An act of the court shall prejudice no man. And in one case statute has created a possibility of prejudice by delay of the court, [International Frozen Food Corpn. V. United India Assurance Co. Ltd., AIR 2007 (NOC) (Del) 2402].

Actus dei nemini facit injuriam
The law holds no man responsible for the act of God, [Nugent v. Smith, 1 CP D 423; Forward v. Pittard, 1 TR 27].

Actus legis nemini est daronosus
An act in law shall prejudice no man. Where an advowson is owned by two patrons with the right of present in turn, the one loses his turn if he submit to a presentation usurped by the other, or by a stranger; but his turn is merely postponed to the next vacancy, if the Crown, having emptied the living, refill it by virtue of the prerogative; for this, being the act of law, [Keen v. Denny, (1894) 3 Ch 169; Calland v. Troward, 2 Black H 324].

Actus legis nemini facit injuriam
The act or operation of the law does injury to no one.

Actus legitimus
A legal act – i.e., an act requiring legal solemnity in its performance.

Actus me invite factus, non est meus actus
An act done against my will is not my act.

Actus non facit reum, nisi mens sit rea
The act does not make (the performer of it) a criminal, unless there be also criminal intention.

Actus pronimus
The direct or immediate act by which something has been done, or some crime committed, as distinguished from an act which was merely mediate or preparatory to the immediate Act.

Ad consimiles casus
To similar or analogues cases.

Ad ea quae frequentium accident jura adaptantur
The laws are adapted to those cases which more frequently occur. Laws cannot be so worded as to include every case which may arise, but it is sufficient if they apply to those things which most frequently happen, [Maxted v. Paine, LR 6 EX 132].

Ad infinitum
Without limit.

Ad litem
As regards the action.

Ad proximum antecedens fiat relatio, nisi impediature sententia
Relative words refer to the next antecedent, unless by such construction the meaning of the sentence would be impaired, [R. v. Wright, 1 A&E 445].

Ad quaestionem facti non-respondent judices: Ad quaestionem legis non respondent juratores
It is the officer of the judge to instruct the jury in points of law of the jury to decide on matters of fact, [Smith v. Thompson, 8 CB 44].
Judges do not answer questions of fact, nor juries questions of law, [Hamilton v. Lindsey – Bucknall, 8 Macp 323].

Ad rimandam veritatem
For the purpose of investigating the truth.

Ad valorem
According to value.

Ad vindictam publicam
For the maintenance and defence of the public interest.

Ad vitam out culpam
For like or till fault.

Affirmanti incumbit probatio
The burden of proof lies with the party affirming. Nagatives cannot be proved; they are presumed and need no probation, but any one alleging a fact, is bound, when it is disputed to prove it.


Alieni juris
Dependant upon or subject to the power of another.
Alientio rei praefertur juri accresecendi
Alienation is favoured by the law rather than accumulation, [Taddy & Co. v. Sterious & Co., (1904) 1 Ch 354].

Aliqualis probatio
Any kind of proof whatever, although not strictly in accordance with legal rules, and not resorted to when any other better evidence can be adduced.
Otherwise proof of the resting – owing of a debt falling under triennial prescription, can only be made by writ or oath of the party; an ordinary debt not falling under that prescription can be proved aliunde.

Allegans contraria non est audiendus
He is not to be heard who alleges things contradictory to each other, [Ramsdan v. Dyson, LR 1 HL 129].

Ambigua responsio contra proferentem est accipienda
An ambiguous answer is to be taken (or interpreted) against the person making it.

Ambiguitas laten et ambiguitas patens
Latent and obvious ambiguity.

Ambiguitas verborum latens verificatione suppletur
Latent ambiguity may be explained by evidence. In every specific devise or bequest it is clearly competent and necessary to inquiry as to the thing specifically devised or bequeathed, [Shuttleworth v. Greaves 4 My&Cr 35].

Amicus curiae
Literally, a friend of the court.

Animo defamandi
With the intention of defaming.

Animo et facto
By act and intention. In certain cases acts only take legal effect where they are induced or accompanied by positive intention.

Animo obligandi
With the intention of entering into an obligation.

Animo ulciscendi
With the intention or purpose of taking revenge.

Will; intention.

Ante omnia
Before any other thing is done or considered; first of all. A preliminary defence objecting to the pursuer’s title, or to the jurisdiction of the court, is discussed ante omnia, because, if sustained, all further procedure is barred.

Approbans non reprobat
One aprobating cannot reprobate.

Apud acta
Literally among the acts; in the course of procedure.

Argumentum ab inconvenient plurimum valet in lege
An argument drawn from inconvenience is forcible in law.
[Pike v. Hoare, 2 Edn., 182].

Arma in armator sumere jura simunt
The laws permit arms to be used against the armed; or to resist violence by violence.

Arrestum juisdictionis fundandae causa
An arrestment used for the purpose of founding jurisdiction.

Assignatus utitur jure acuctoris
An assignee is clothed with the right of his principal.
[Mitcalfe v. Westaway, 17 CB NS 658].

Auctore praetore
With the sanction of the Judge; at the sight of the court.

Auctoritate judicis
By judicial authority.

Audi alteram partem
No man shall be condemned unheard.
[See Bessell v. Wilson, 1 E&B 489].

Bastardus non potest habere haeredem nisi de corpore suo legitime procreatum
A bastard can have no heir except one lawfully begotten of his own body.

Benedicta est exposition quanda res redimitur a destructione
That exposition (or construction) is to be commended by which the matter is rescued from destruction.

Benignae faciendae sunt interpretation propter simpliciatatem laicorum ut res magis valeat quam pereat
A liberal construction should be put upon written instruments, so as to uphold them, if possible, and carry into effect the intention of the parties.
[See Fussell v. Daniel, 10 Exch 581].

Benignior sententia in verbis generalibus seu dubiis est preferenda
Of general or doubtful words, the more liberal opinion or interpretation is to be preferred.

Bona fide possessor facit fructus consumptor suos
A possessor in good faith makes the fruits consumed his own.

Bona fides non patitur ut bis idem exigatur
Good faith (honesty or fair dealing) does not allow the same thing to be exacted twice.

Bona gratia
Out of god will, voluntarily.

Bona vacantia
The goods of persons dying without successors.
Boni judicis est ampliare jurisdictionem
It is the duty of a judge to extent this jurisdiction.
Brevi manu
Summarily, without a legal warrant.

Capan doli
Capable of wrongdoing; able to commit fraud.

Casus insolitus
An unusual circumstance orevent.

Casus omissus et oblivioni datus dispositioni Communis juris relinquitor
A case omitted and forgotten is left to be disposed of according to the rules of the common law.

Causa causans
The immediate cause; that which directly produces the effect.

Causa cause causantis
A proximate but not an immediate cause.

Causa proxima et non remota spectatur
The near and not remote cause is regarded, [Livie v. Jansen, 12 East 648; Inman Stemship Co. v. Bischoff, LR 7 App 670].

Causa scientiae
Cause or means of knowledge.

Caveat emptor
Let a purchaser beware, a purchaser will not be compelled to accept and underlease, if it was misdescribed in the vendor’s particulars of sale as A lease, and was bought as such, [Ridley v. Oster, (1939) 1 All ER 618].

Certum est quod certum reddi potest
That is sufficiently certain which can be made certain.

Cessante ratione legis cessat ipsa lex
Reasons is the soul of the law, and when the reason of any particular law ceases, so does the law itself.

A bond, bill, or other written document of debt.

Citra causae congnitionem
Without investigating the cause.

Civils ratio civilia jura corrumpere potest naturalia non vero utique
Civil or legal rights, obligations, or laws, may be abrogated for a civil or legal reason, but never natural ones.

Civiliter mortuns
Civilly dead; dead to civil rights. An outlaw is said to be in this position.

A state having power to make and enforce laws for the government of its subjects.
Civitatis amissio
Loss of citizenship.

Clausulae inconsuetae semper inducunt suspicionem
Unusual clauses always excite suspicion.

Cogitationis poenam nemo patitur
No one suffers (or is punished) for his thought.

A corporate body, Such as a guild of a trade.

Commodum ex injuria sua nemo habere debet
No one should take advantage by his own wrongful act, [Carter v. M’Laren. 8 Macp 64, revd. 9 Macp (HL) 49].

Communis error facit jus
Common error sometimes passes current as law.
Common error makes a rule or law, [Anderson v. M’Call, 4 Macp 765; O’Connell v. Regina, 11 CI SF 372].

An endeavour or attempt.

Confirmatio est nulla ubi donum praecedens est invalidum
Confirmation is of no avail where the original gift or grant is invalid.

Conscientia illaesa
Literally, an unhurt or unviolated conscience, but in legal phraseology, synonymous with bona fides.

Consensus facit jus
Consent makes law. This maxim must be read in the limited sense, that the parties have made that to be law for themselves to which they have agreed to be bound, [Buchanan v. Andrews, 9 Macp 554 revd HL 11 Macp 13].

Consensus, non concubitus facit matrimonium
It is the consent of the parties, not their cohabitation, which constitutes a valid marriage.

Consensus tollit errorem
The acquiescence of a party who might take advantage of an error obviates its effect.

Consortium vitae

Constructio  legis non facit injuriam
Legal construction inflicts no wrong.

Consuetudo debet esse certa, nam incerta pro nullis habetur
Custom ought to be fixed (or settled), for if variable, it is held as of no account.

Consuetudo est optima legume interpres
Custom or usage is the best interpreter of laws.

Contra bonos mores
Against morality. All contracts or obligations which are given for an immoral consideration or which arise out of an immoral transaction, are ineffectual, and cannot be enforced.

Contractus bone fidei, et strictijuris
Contracts of good faith and of strict law.

Convention privatorum non potest publico juri derogare
A private agreement cannot derogate from public law.

Coram non judice
Before one who is not A competent judge, which is in effect the same as if the question had not been brought before A judge at all.

Crassa negligentia
Gross negligence.

Crimen magestatis
Crime committed against the Crown; Treason.

Crimina morte extinguuntur
Crimes are extinguished by the death of the criminal.

Cuicunque aliquis quid concedit concedere videture et id sine quo res ipsa esse non potuit
whoever grants a thing is deemed also to grant that without which the grant itself would be of no effect.

Cuilibet in sua arte perito est credendum
Credence should be given to one skilled in his peculiar profession.

Cujus est commodum ejus debet esse periculum
He who reaps the advantage should bear the risk.

Cujus est dare ejus est disponere
The bestower of a gift has a right to regulate its disposal. No man can attach any condition to his property which is against the public good, [Egerton v. Brownlaw, 4 HL Cas 1, p. 241].

Cujus est dominium ejus est periculum
The risk lies upon the owner of the subject.

Cujus est solum ejus est usque ad coelum
He who possesses land possesses also that which is above it.

Fault; negligence.

Culpa caret qui scit sed prohibere non potest
He is free from fault who  knows but cannot prevent.

Culpa lata do aequiparatur
Gross fault is equivalent to bad intention or fraud.

Cum aliquis renunciaverit societati, solvitur societas
When any partner renounces the partnership, the partnership is dissolved.

Cum duo inter se pugnantia reperiuntur in testamento ultimum ratum est
When two clauses (or provisions) are found in a Will, contradictory of, or inconsistent with each other, the last is confirmed.

Cum effectu
With effect.

Cum satis furore ispo puniatur
Since he is sufficiently punished by the insanity itself.

Cum virginitas vel castitas corrupta restitui non possit
Since chastity once violated cannot be restored.

Curator bonis
The name given to an officer, appointed by the court on application to that effect, for the preservation or management of an estate, the owner of which at the time is unable to manage or superintend it.

Curiosus debet esse creditor quo vertatur
The creditor should inquire how (the money) is applied.

Cursus curiae est lex curiae
The practice of the court is the law of the court, Insane Criminal’s case, 8 Scott NR 595.

Harm, injury, loss.

Damnum absque injuria
Damage inflicted without legal wrong
Damnum fatale
Loss arising from inevitable accident, which human means or prudence could not prevent.

Damnum Injuria datum
Damage or injury culpably inflicted.

Damnum sine injuria
Damage or injury inflicted without any wrong being done.

De cause in causam
From one cause to another.
De facto
According to the fact; in point fact.

De fide et officio judicis non recipitur quaestio, sed de scientia sive sit error juris sive facti
The honestly and integrity of a judge cannot be questioned, but his decision may be impugned for error either of law or of fact.
[See Smith v. Boucher, Cas T.H. 69; Hamilton v. Anderson, 3 Macq 363].

De integro
As regards the whole; entirely.

De jure communi
According to the provision of the Common law.

De minimis non curat lex
The law does not concern itself about trifles.
[See Pinder v. Wadsworth, 2 East 154].

De non apparentibus et non existentibus eadem est ratio
That which does not appear will not be presumed to exist.

De plana
Immediately, summarily, without attention to forms.

De praxi
According to practice.

Debita fund
Debts attaching to the soil; such as feuduties, ground-annuals, debts heritably secured.

Debitor non praesumitur donare
A debtor is non presumed to make a gift to his creditor.

Debitorum pactionibus creditorum petition nec tolli nec minui potest
A creditor’s claim (or right to recover) can neither be taken away nor diminished by bargain among his debtors.

Debitum et contractus nullis sunt loci
Debt and contract are not of any particular place – i.e., neither debt non contract is limited to any particular locality, but may be sued for or enforced before any court which has jurisdiction over the debtor.

Delectus personae
Choice of person to the exclusion of others.

Dalegata potestas non potest delegari
A delegated power cannot be delegated; that is, a delegated power cannot be conferred by the delegate upon another.

Derivative potestas non potest esse major primitive
A derived right cannot be greater than that from which it springs.

Dies Dominicus non est juridicus Sunday is a day for judicial or legal proceedings
But the judges cannot sit, nor can any judicial act be done on a Sunday, [Asmole v. Goodwin, 2 Salk 624].

Dies inceptus pro complete habetur
A day commenced is held as completed.

Dies non
A day which is regarded by the law as one on which no judicial act can be performed, or legal diligence used.

Diligentia media
The middle degree of diligence or care, being that which a man of ordinary prudence usually bestous upon his own affairs.

Dolo cirumventus
Overreached by fraud. Any one fraudulently taken advantage of will not be bound by the contract to which the fraud gave rise.


Dolus circuita non purgatur
Fraud is not purged by circuitry or indirect procedure.

Dolus praesumitur contra versantem in illicito
Fraud is presumed against one engaged in an illegal act or transaction.

Domus sua cuique est tutissimum refugium
Every man’s house is his castle.

Donatio mortis causa
A donation made in the view of, and to take effect after, the donor’s death.

Donatio non praesumitur
Donation is not presumed.

Donation velata
A veiled gift; a gift under pretence of being something else.

Dubli juris
Of doubtful law; an unsettled point.

Duo non possunt esse domini esjusdem rei in solidum
Two person cannot have the full property of the same thing at the same time.

Duo non possunt in solido unam rem possidere
Two persons cannot each have the entire right to one thing. There cannot co-exist titled to the same subject or right in two persons at the same time.

Ejus est nole qui potest velle
He who can consent may object.

Ejus est periculum cujus est dominium -aut commodum
His is the risk to whom the property belongs, or who reaper the advantage.

Ejus nulla culpa est cui parere necesse sit
No one incurs fault or blame through the performance of an act which he is under the necessity of performing.

Ejusdem generis
Of the same class, or kind.

Emptio vendito
Purchase, sale.

Enumeratio unius est exclusion alterius
The special mention of one thing implies the exclusion of another.

Eo instanti
At that moment; the very moment.

Eo ipeso
By the thing itself. A deed by a minor disposing of his heritage, or diverting the course of his succession, is ‘co ipso’ null, and requires no reduction.

Eodem modo quo quid constitutor, eodem modo disolvitur
Any obligation is solved on extinguished in the same manner as that by which it was constituted.

Ex aequitate
On the ground of equity.

Ex animo
Willingly; intentionally.

Ex antecedentibus et consequentibus fit optima interpretatio
A passage is best interpreted by reference to what preceds and what follows it.

Ex auditu
By hearsay, or report. As a general rule, evidence founded upon hearsay, that is something which the witness was told, and of which he had no other knowledge, is not admissible.

Ex bono et aequo
According to what is right and just.

Ex capite doli
On the ground of dole or fraud.
Ex capite lecti
On the ground of death-bed.

Ex capite metus
On the ground of fear.

Ex continenti
At once, without interval of time. If any one be violently dispossessed of that which is his, he may recover it by violence if done at the time; but if an interval of time elapses, possession can only be legally recovered by an application to the proper authority.

Ex contractu
Arising from a contract; this may either refer to a right or an obligation so arising.

Ex diuturnitate temporis omnia praesumuntur rite et solenniter esse acta
All things are, on account of the length of time which has elapsed, presumed to have been performed rightly and in the usual manner or with the necessary solemnities.

Ex dolo malo non oritur actio
A right of action cannot arise out of fraud.

Ex facie
On the face of it evidently.

Ex instrumentis de novo repertis
On account of documents newly or recently found.

Ex justa cause
For A just cause or sufficient reason.

Ex maleficio non oritur contractus
No contract arises from crime, or from an act which is contrary to law.

Ex multitudine signorum colligitur identitas vera
From a number of marks the identity of the subject is gathered or ascertained.

Ex nudo pacto non oritur action
No cause of action arises from a bare promise.

Ex parte
From one side, one-sided.

Ex proposito
Intentionally, of design.

Ex qua persona quis lucrum capit – ejus factum prestare debet
He who derives advantage from any one should bear that person’s obligations, or make good his deeds.

Ex turpi causa non oritur actio
No right of action arises from a disgraceful or immoral consideration.
Exceptio falsi est omnim ultima
The exception of falsehold is the last of all.

Executio juris non habet injuriam
Legal process, if regular, does not afford a cause of action.

Expressio eorun quae tacite insunt nihil operatur
The expression of what is tacitly implied is inoperative.

Expressio falsi
A false statement.

Expressio unius est ex clusio alterius
The express mention of one thing implies the exclusion of another.

Expressum facit cessare tacitum
A thing expressed puts an end to tacit implication.

Extremis probatis praesumuntur media
Extremes being proved, those things which fall within or between them are presumed.

Factio testamenti
The power of making a testament, or of acquiring under a testament made by another.

Factum infectum fieri nequit
A thing done cannot be undone.

Falsa demonstratio non nocet
Mere false description does not vitiate, if there be sufficient certainly as to the object.

Falsa grammatica non vitiat chartam
False or bad grammar does not vitiate a deed.

Falsum in uno falsum in omnibus
False in one thing, false in all.

Fatetur facinus qui judicium fugit
He confesses the crime who flees from trial.

Fiat ut petitur
Let it be done as prayed for.

Fictio juris
A fiction of law.

Flagranti crimine
In the act of committing the crime, or immediately after the commission.

Fortior et potentior est disposito legis quam hominis  
The disposition of the law is stronger and more efficacious than that of the man.

Forum non competens
Literally, an incompetent court.
Fraus auctoris non nocet successori
The fraud of the author or ancestor does not injure his successor.

Fraus est celare fraudem
It is fraud to conceal fraud.

Frustra legis auxilium quaerit qui in legem committit
He seeks the aid of the law in vain who is himself acting contrary to the law.

Functus officio
Having discharge his official duty.

Fundo annexa
Things annexed or attaced to the soil. There may be either corporeal or incorporeal.

Furiosi nulla voluntas est
An insane person has no Will, [see Borrodaile v. hunter, LJ 12 CP 225].

Furiosus absentis loco est
An insane person is regarded as an absent person.

Generalia specialibus non derogant
General statement or provisions do not derogate from special statement or provisions.

Generalia verba sunt generaliter intelligenda
General words are to be understood in their general sense.

Generalis clausula non porrigitur ad ca quae antea sunt comprehnsa
A general clause is not extended to those things which have been previously narrated or described.

Habeas corpus
The name given to a certain writ.

Habili modo
In the manner competent.

Succession; inheritance.

Haereditas jacens
A succession which the heir has not entered upon or taken up, which still lying in the right of the deceased, liable to be attached by the diligence of creditors for the deceased’s debts.

Haereditas nunqum ascendit
The right of inheritance never lineally ascends.

Homicidium, in rirca 
Manslaughter committed in a quarrel or brawl.

Id quod nostrum est, sine facto nostro, ad alium transferri non potest
That which is ours cannot be transferred to another, without our act.

Id tantum possmus quod de jure possumus
We can do that only which we can lawfully do.

Idem agens et patiens non potest
The same persons cannot be both the pursuer and the defender of an action.

Idem est non esse ct non apparere
That which does not appear is the same as that which does not exist.

Ignorantia eorum quae quis scire tenetur non excusat
Ignorance affords no excuse in reference to those things which one is bound to know.

Ignorantia facti
Ignorance of a fact.

Ignorantia facti excusat – Ignorantia jurus non excusat
Ignorance of fact excuses – Ignorance of the law does not excuse.

Ignorantia juris –
Ignorance of law.

Ignorantia juris neminem excusat
Ignorance of the law excuses no one. Every one is presumed to know the law.

Impotentia excusat legem
Inability excuses the non-observance of the law.

In acquali jure melior est conditio possidentis
Where the right is equal, the claim of the party in actual possession shall prevail.

In ambigua voce legis ea potius accipienda est significatio quae vitio caret, preaesertim cum estiam voluntas legis ex hoc colligi possit
Where the language of a statute is ambiguous, that interpretation is to be preferred which involves no injustice or in equity, especially when this can be gathered from the statute to have been the intention of the law.

In articulo mortis
At the point of death; on death bed.

In claris non est locus conjectures
Things that are clear (unambiguous) do not admit of conjecture or construction.

In consimili casu consimile debet esse remedium
 In similar cases the remedy ought to be similar.

In contractis tacite insunt quae sunt moris et consuetudinis
Contracts are held as containing, although not expressed, those conditions which practice and custom have imported into such contracts.

In conventionibus contrahentium voluntas potius quam verba spectari placiut
In contracts, the intention of the contracting parties is to be regarded rather than the words in which the contract is expressed.

In criminalibus humanior interpretatio accipienda est
In criminal matters the more benevolent (or human) interpretation is to be received.

In dubio pars mitior est sequenda
In a doubtful case, the most favourable i.e., the most equitable view, is to be followed.

In dubio pro innocentia respondendum est
In a doubtful case, the answer or decision should be in favour of innocence.

In fictione juris semper aequitas existit
Equity is the life of a legal fiction.

In jure non remota causa sed proxima spectator
In law the immediate, not the remote, cause of any event is regarded.

In litem
In the suit.

In mala fide
In bad faith deceitfully, dishonestly

In modum poenae
By way of fine or penalty. Interest may almost be said to be exacted from A debtor ex lege as a fine or penality, when he is “in mora” in the payment of his debt.

In modum probationis
In the form, or, by way, of proof.

In omnibus poenalibus judiciis et actabi et imprudentiae – “succurritur”
In all cases involving penal sentence, both the age and want of experience of the offender are taken into account in favour of the offender.

In praesentia majoris cessat potential minoris
In presence of the greater the power of the inferior ceases.

In publicam vindictam
For vindicating public right, or public justice.
In rigore juris

According to strict law.
In stipulationibus cum quaeritur quod actum sit verba contra stipulatorem interpretanda sunt
In stipulations (or obligation), when any question arises as to the obligation undertaken, the words of the stipulation are to be interpreted against the creditor in the obligation.

In suo
In reference to one’s own affairs.

In testamentis pleanius voluntatis testantium interpretantur
Wills are to be interpreted according to the purpose and intention of the testators.

In viridi observantia
A practice, custom, or law which is still in full observance.

Infeltment, investiture.

Inimicitia capitalis
Deadly enmity: Strong and deep rolled hostility.

Injuria non excusat injuriam
A wrong does not excuse a wrong.

Injuria non praesumitur
Wrong is not presumed.

Inspectio corporis
An inspection of the person.

Interim dominus
Proprietor in the meantime. A widow is interim domina of terce lands after her service, and in virtue thereof may either possess them herself, or let them out to tenants.

Interpretatio chartarum benigne facienda est ut rest magis valeat quam pereat
Charters or deeds are to be interpreted liberally, so as rather to valiadate than nullify the transaction.

Intuit mortis
In the prospect of death.

Inverso ordine
Contrary to rule; erroneously.

Invito beneficium non datur
A benefit is not given, or conferred, on one who is unwilling (to receive it).

Ipso jure
By the law itself.

Ipsum corpus
The thing itself.

Is qui dolo malo desiit possidere, pro possessore habetur
He who has frequently ceased to possess is still held to be the possessor.

Judex non reddit plus quam quod petens ipse requirit
A judge cannot give more than the petitioner or suitor  himself ask.

Judicia posteriora sunt in lege fortiora
Later judgments are stronger in law.

Judicis est jus dicere non jus dare
It is the part of the judge to enunciate, not to give or make law.

Judicium a non suo judice mullis est moment
A judgment is always accepted as true.

Judicium simper pro veritate accipitur
A judgment is always accepted as true.

Jura fixa
Immovable (i.e., heritable) rights.

Jura eodem modo destituntur quo constituntur
Rights are abandoned or discharged in the same manner as that by which they are constituted.

Jura sanguinis nullo jure civili dirimi possunt
Rights of blood cannot be destroyed by the provision of the civil law.

By oath.

Jure devolutionis
By right of devolution.

Juris divini
Of divine right, consecrated to God.

Juris execution non habet injuriam
The execution of the law inflicts no wrong.

Jus constitui oportet in his quae ut plurimum accidunt non quae ex inopinato
The law ought to be established to meet those cases which most frequently happen, not those which arise unexpectedly.

Jus coronae
The right of the crown, under which the sovereign is entitled to claim those things which are regarded as ‘inter regalia’.

Jus delatum
A transferred right.
Jus domino proximum
A right very near, or nearly equal to, that of absolute property.
Jus ex injuria non oritur
No right arises from wrongful act.

Jus gentium
The law of nation; International law.

Jus in re
A right in thing; real right.

Jus incorporate
An incorporeal right.

Jus individuum
An indivisible right. Such rights are those which can only be exercised by one person, as the right of superiority.

Jus quaesitum
An acquired or vested right.

Justo tempore
At the right time; in due time.

Lata culpa acquiparatur dolo
Gross fault is held as equivalent to fraud.

Lata sensu
In a wide sense; in a more comprehensive sense.

Legatum nominis
Legacy of a debt. Such a legacy gives the legatee the full right to the debt so bequeathed, and carries with it the right to enforce payment.

Leges posteriors priores contrarias abrogant
Later laws repeal earlier laws inconsistent therewith.

Legitima potestas
The lawful power.

Lex neminem cogit ad vana seu inutilia peragenda
The law compels no man to do that which is fultile or fruitless, [see Bell v. Mid. Ry. Co., 30 LJ CP 280].

Lex neminem cogit ostendere quod nesciore praesumitur
The law compels no one to disclose (or make known) what he is presumed not to know.

Lex non cogit ad impossibilia
The law does not compel a man to do that which he cannot possible perform.
The law does not compel the performance of what is impossible, [see Lloyd v. Guibert, LR 1 QB 121].

Lex non requirit verificari quod apparet curiae –
The law does not require that to be proved which is apparent to the court. If there is difficulty in determing whether there has been an erasure, the court may order a proof; but if the erasure is apparent, no proof is necessary, [see Hamilton v. Lindsay – Bucknall, 8 Macp. 323)].
Lex patriae
The law of one’s country.

Lex posterior derogate priori
A later statute derogates from a prior.

Lex rejicit superflua, pugnantia, incongrua
What is superfluous, repugnant, incongruous, the law rejects.

Lex semper dabit remedium
The law will always afford a remedy.

Lex semper intendit quod convenit rationi
The intendment of a law is always in accordance with reason.

Lex spectal naturae ordinem
Law regards the order or course of nature.

Liberis nascituris
The children yet to be born.

Licet disposition de interesse futuro sit inutilis tamen fieri potest declaratio praecedens quae sortiatur effectum interveniente novo actu
Although the grant of a future interest is inoperative, yet it may become a declaration precedent, taking effect upon the intervention of some new act.

Lis alibi pendens
A suit elsewhere depending. It is a good preliminary defence to any action, that there is already depending before competent court another lawsuit between the same parties regarding the same subject or dispute.

Lis pendens
A depending process of suit; an action in the course of being litigated; litis contestation.

Locus contractus
The place of contract.

Malum in se
Bad or wrong in itself.

Malus animus
Bad intention: which along with the overt act to carry the bad intention into effect constitutes crime.

Manifesta probatione non indigent
what is manifest needs no proof.

Medio tempore
In the meantime.

Meliorem conditionem suam facere minor potest deteriorem nequaquam –
A minor can make his condition better, never worse. A minor entering into a contract which is to his advantage, can be restored against it; he is not bound by obligations which would have the effect of diminishing his estate.

Mens rea
Guilty purpose, criminal intention.

Metus casua
Through fear.

Minor non tnetur placitare super heredilate paterna
A minor is not bound to defend at law this right to his ancestor’s heritage; when the right is challenged by one who claims the heritage on a title preferable to that which existed in the minor’s ancestor.

Minor tenetur in quantum locupletior factus
A minor is bound to the extent to which he has been enriched or benefited.

Manner or mode. The modus of an indictment is that part of it which contains the narrative of the commission of the crime; the statement of the mode or manner in which the offence was committed.

Modes et conventio vincunt legem
The form of agreement and the convention of parties overrule the law.

Delay. This word signifies technically undue or culpable delay, and subjects the person against whom it can be charged to the consequences which arise from it.

Morte legatarii perit  legatum
By the death of the legatee, the legacy perishes or lapses; that is, the death of the legatee during the life time of the granter of the legacy.

Mortis causa
Deeds made in contemplation of death one so-called; because the prospect of death is the cause which induces their execution.

Mutatis Mutandis
Things being changed which are to be changed.
Nemo debet ex alieno damno lucrari
No one should be enriched out of the loss or damage sustained by another.

Nemo est haeres vivents
No one can be heir during the life of his ancestor.

Nemo jus sibi dicere potest
No one can declare the law for himself; no one is entitled to take the law into his own hands.

Nemo Patrian; In Qua Natus Est Exuere Nec Ligentiae Debitum Ejurare Possit
A man cannot abjure his native country nor the allegiance which he owes to his sovereign. For this natural allegiance was intrinsic and primitive, and antecedent to the other, and cannot be devested without the concurrent act of the prince to whom it was first due, [Wilson v. Marryat, 1 B&P 430].

Nemo plus juris ad alium transferre potest quam ipse habet
No one can transfer to another a greater right than he has himself.

Nemo ejusdem tenementi simul potest esse haeres et dominius
No one can, at the same time be heir to and proprietor of the same subject.

Ne fictio plus valeat in casu ficto quam veritas in casu vero
A legal fiction cannot avail more in the fictitious case than the truth would if the case really happened.

Nec cun sacco adire debet
A debtor cannot be expected to carry with him as much money as will meet his obligations, and that therefore a reasonable time for paying his debt must be allowed to him after requisition has been made.

Necessitas facit licitum quod alias non est licitum
Necessity makes that lawful which otherwise would not be lawful. Killing a person in self-defence, and as the only means of protecting one’s own life, falls within the rule of this maxim.

Necessitas Inducit Privilegum Quoad Jura Privata
Necessity give A privilege as to private rights.

Necessitate juris
By necessity of law: arising necessarily from the nature or effect of legal rules.

Nemo agit in seipsum
No one acts against himself; no one can pursue an action against himself.

Nemo contra factum suum veniore potest
No one can go against his own act. when an act has once been performed which is binding on the actor, he cannot at Will depart from that act or lawfully do anything contrary to it.
Nemo dat quod non habet
No one can give what he has not got; one who has no title cannot confer A title.

Nemo debet bis puniri pro uno delicto
No one should be punished twice for the same offence. Punishment once suffered, the crime is extinguished, and a second punishment cannot follow.

Nemo debet bis vexari pro una et eadem causa
It is A rule of law that a man shall not be twice vexed for one and the same cause.

Nemo potest nisi quod de jure potest
No man can do anything except what he can do lawfully: or, that is not considered to be within the power of any one which he cannot lawful perform.

Nemo potest renunciare juri publico
No one can renounce a public right.

Nemo potest sibi debere
No one can be his own debtor.

Nemo praesumitur ludere in extremis
No one is presumed to trifle, or make sport, at the point of death.

Nemo prasumitur malus
No one is presumed to be bad – i.e guilty of any particular offence with which he may have charged.

Nemo tentur edere instrumenta contra se
no one is bound to produce writings against himself.

Nemo tenetur jurare in suam turpitudinem
No one can be compelled to answer a question in the course of his disposition as a witness in a civil suit if the answer will or may involve him in a criminal prosecution.

Nemo tenetur prodere seipsum
No one is bound to appear against himself.

Nemo tenetur seipsum accusare
No man can be compelled to criminate himself. If the prosecution to which the witness might be exposed or his liability to a penalty or forfeiture is barred by lapse of time, or if the ofence has been pardoned or the penalty or forfeiture waived, [R. v. Boyees, 1 B&S 311].

A bond, tie, or fetter.
Nigrum nunquam excedere debet rubrum
The text of a statute should never be read in a sense more comprehensive than the rubric or title. But where a clause in a statute is  ambiguous, and open to construction, the title and Preamble of the Act may be read as throwing light upon the intention of the legislature, and to serve to clear away the ambiguity.

Nihil agitur si quid agendum superset
Nothing is done if anything still remains to be done, or, in other words, an incomplete proceeding is equivalent to none at all.

Nihil novit
He knows nothing. Under a reference to oath a defender may swear that he knows nothing of the matter referred.

Nihil tam conveniens est naturali aequitati quam unumquodque dissolvi eo ligamine quo ligatum est
Nothing is so consonant to nature equity as that every contract should be dissolved by the means which rendered it binding.

Non debet adduci exceptio ejusdem rei cujus petitur dissolutio
That cannot be pleaded as exception defence in bar which is itself in question; an exception or defence in bar cannot be based upon that right which the action is brought to question or set aside.

Non debet alteri per alterum iniqua conditio inferri
No one ought to be put in an unfair or injurious position by the act of another.

Non decipitur qui scit se decipi
He is not deceived who knows that he is being deceived.

Non efficit affectus nisi sequatur effectus
The intention is of no avail unless some effect follows.

Non entia
Things having nor existence; non-entities.

Non exemplis sed legibus judicandum
Things are to be judged of (or rights determined), not by examples, but by laws.

Non jus ex regula sed regula ex jura
The law does not arise from the rule (or maxim) but the rule from the law. Rules or maxims are convenient modes of stating briefly and forcibly what the law  is, and are only of weight or value in so far as they accurately express the law.

Non obstante
Notwithstanding; or not opposing.
No omne quod licet honestum
Not everything which is permitted is honourable, or morally right, that is, there are some things permitted, or rather not prohibited, by the law which are not honourable or moral in themselves.

Non possessori incumbit necessitas probandi possessions ad se pertinere
There is no necessity laid upon a possessor of proving that his possessions belong to him. It lies upon the person challenging the right of possession, whether the subject be heritable or movable, to show that the possessor has no title.

Non potest adduci exception ejusdem rei cujus petitur dissolutio
A matter, the validity of which is at issue in legal proceedings, cannot be set-up as a bar thereto.

Non potest rex gratiam, facere cum injuria et damno alorum
The king cannot confer a favour on one subject to the injury and damage of others.

Non quod dictum est sed quod factum est inspicitur
Not what has been said, but what has been done, is regarded.

Non remota sed proxima causa spectatur
No the remote but the near (or immediate) cause is regarded.

Non utendo
By non-usage.

Non valentia agenda
Want of ability to act.

Noscitur a sociis
The meaning of A doubtful word may be ascertained by reference to the meaning of words associated with it.

Nova constitutio futuris formam imponere debet, non preaeteritis
A new law ought to be prospective, not retrospective, in its operations.

novation, which is a mode of extinguishing an obligation already existing by the substitution of a new engagement or obligation by the same debtor to the same creditor in its place.

Noxa caput sequitur
punishment follows the person guilty of the crime; punishment is personal.

Nuda Pactio obligationem non parit
A bare bargain gives birth to no obligation.

Nudum pactum
A mere pact; or engagement amounting merely to a promise.

Nudum pactum inefficax ad agendum
A mere agreement is ineffectual to maintain action.

Nulla pactione effici potest, ne dolus praestetur
No contract can effectually stipulate that fraud or dole is not to be answered for: or, no one can effectually stipulate that he is not to be responsible for his own dole or fraud.

Nullum tempus occurrit regi
Lapse of time does not bar the right of the Crown.

Nullus commodum capere potest de injuria sua propria
No man can take advantage of his own wrong.

Nunquam crescit ex post facto ‘praeteriti delicti aestimatio’
The extent of A past delict is never uincreased by a subsequent act.

Nunquam praescribitur in falso
A prescriptive right can never be founded upon a falsehood; prescription never ruins in favour or in support of that which is criminally false.

Nuptias non concubitus sed consensus facit
Not cohabitation but consent makes marriage.

Ob poenam regligentiae
As punishment for negligence. The laws aid those who are careful of their own interests, not those who neglect them.

Ob turpem causam
On account of a dishonourable cause, or immoral consideration. An obligation which has been granted on account of an immoral consideration, as, for example, a bond or bill granted as the price of prostitution, cannot be enforced.

Obiter dictum
An opinion given incidentally. In the course of pronouncing their decision in a case before them, Judges sometimes give opinions incidentally or points which may have been raised, but not being essential to the case, have not been fully discussed or weighed.

Obligatio literarum
An obligation constituted by writing; A written contract.

By surprise; by deceit; clandestinely.

Officium nemini debet esse damnosum
No one should be subjected to loss by the discharge of an officer or duty.
omissio eorum que tacile insunt nihil operatusr
The omission of those things which are tacitly implied operates nothing; that is, their omission does not operate against their being held, by implication, as expressed.

Omne actum ab intentione agentis est judicandum
Every act is to be Judged of by the intention of the doer.

Omine majus continent in se minus
The greater contains the less.

Omne quod solo inaedificatur cedit solo
Everything that is built upon the ground belongs to the ground.

Omnia praesumuntur contra spoliatorem
Every presumption is made against A wrongdoer.

Omnia praesumuntur legitime facta donec probetur in contrarium
All things are presumed to have been done according to law until the contrary is proved.

Omnia praesumuntur rite et solenniter esse acta
All acts are presumed to have been done rightly and regularly.

Omnia quae jure controhuntur contrario jure pereunt
All obligations contracted or imposed by law perish through a contrary law.

Omnio novatio plus novitiate perturbat quam utilitate prdest
Every innovation occasions more harm by its novelty, than benefit by its utility.

Omnis interpretation praeferenda est ut dicta testium reconcilientur
Every interpretation is to be preferred by which the statements of witnesses are reconciled; that is where statements of witnesses are reconciled.

Omnis ratihabitio retrotranitur et mandato priori aequiparatur
A subsequent ratification has retrospective effect, and is equivalent to a prior command.

Onus probandi
The burden of proving.

Ope exceptionis
By force of exception. An exception is A kind of defence, but the distinction between defences and exeptions is practically disregarded in the practice of law.

Optima est legis interpres consuetudo
Custom or usage is the best interpreter of law.
Optima est lex quae minimum relinquil arbitrio judicis, optimus judex qui minimum sibi
That is the best law which leaves least to the discretion of the judge; he is the best Judge who takes least upon himself.

Optima fide
In the best faith.

Optimus interpres rerum usum
Usage is the best interpreter of things.

Ore tenus
By word of mouth.

Pactis privatorum non derogatur juri communi
The common law is not derogated from by the private contract of individuals.

A bargain, agreement, or paction. A paction is, in civil law, defined to be “the consent and agreement of two or more persons in the same matter, or regarding the same thing.

Pactum illicitum
An illegal agreement or contract.

Par in parem non habet imperium
An equal has no power over an equal.

The name given to those movables which were properly personal to a wife, and remained her own property, notwithstanding of her marriage, even when the marriage operated as an assignation of the wife’s whole movable estate to her husband.

Pares curiae
Literally, the peers of the court.

Pari passu
In equal grade; equally.

Pars ejusdem negotii
A part of the same business or transaction.

Pars fundii
Part of the ground or soil. All those things which are in the soil, as well as those growing upon it or immovably fixed to it, are reckoned parts of the soil itself.

Pater est quem nuptiae demonstrant
He is the father whom the marriage indicates to be so.

Pendent lite
During the dependence of the suit.

Pendente lite nihil innovandum
Nothing is to be changed during the dependence of a suit. When a subject once become litigious, neither of the parties can affect or prejudice the other’s rights by any act done by him in reference to the subject of the suit; all such acts are ineffectual in so far as his opponent is concerned.

Penuria testium
A scaricity of witnesses, [see Surtes v. Wotherspoon, 10 Macp 866].

Per ambages –
In a round-about way; indirectly; or by evasion.

Per expressum
Expressly; in direct terms.

Per fas aut nefas
By lawful or unlawful means.

Per incuriam
Through negliegence, mistake, or error.

Per modum exceptionis
By way of exception.

Per modum poenae
By way of punishment or penalty.

Per modum sinplicis querelae
By way of simple complaint.

Per se
By himself, or itself.

Per subsequencs matrimonium
By subsequent marriage. Chidren who, at their birth, were illegitimate, become legitimate by the subsequent marriage of their parents.

Per vim legis
By force of law. The succession to the estate left by an intestate is regulated by legal rules; and persons who succeed ab intestato are said to succeed ‘per vim legis’ in contradistinction to those who succeed under the terms of the ‘testator’s Will.

Per voluntalem hominis
By Will of  man i.e. the Will or purpose of the testator.

Persona conjuncta aequiparatur interesse pripria
The interest of a connection is sometimes regarded in law as that of the individual himself.

Persona standi in judicio
A person or character entitling one to appear in a law suit to vindicate his right, and that whether in the character of pursuer or defender.

Pignus practorium
A legal pledge; A pledge given by the law, or the Magistrate who administers it.

Pieno jure
With full right. A conveyance or presentation pleno jure carries the full right with the profits or advantages pertaining to it.

Poena arbitraria
Arbitrary punishment, or punishments the extent of which is left to the discretion of the Judge and not fined by rule.

Possessio bona fide
Possession in good faith.

Praesumitur pro legitimatione
Legitimacy is presumed. This rule does not apply to chidren born within six months after the marriage has been entered into, or ten months after the marriage has been dissolved, [see King v. Luffe, 8 East 207; Jobson v. Reid, 8 S 343].

Praesumptio cedit veritati
A presumption yields to the truth. Presumption of law, being merely suppositions of what may be true, and what is held to be true in the absence of proof to the contrary, are overcome or redargued by proof that what is supposed or presumed is not consistent with the real fact.

Praesumptio juris
A legal presumption. This is a presumption fixed by statue, decisions, or customs in favour of a certain argument case, but which admits of being redargued by contrary proof.

Praesumtio opponitur probationi
Presumption is set against proof; or is opposed to proof, by way of antithesis.

Prior possessio cum titulo posteriore melior est priore titulo sine possessione
Prior possession with a subsequent tile is better than a prior title without possession.

Prior tempore potior jure
Prior in date, preferable in right.

Privates pactionibus non dubium est non paedi jus caeterorum
It is not doubtful that the private bargains or arrangements of certain persons cannot injure the right of others.

Privatorum convention juri publico non derogate
An agreement or bargain between individuals does not derogate from the public law.

Privilegiatus contra privilegiatum non utitur privilegio
A privileged person cannot plead his privilege against another privileged person.

Probono publico
For the public good.

Pro grauitate admissi
According to the gravity of the offence.

Pro rata

Pro tempore
For the time being; temporary.

Probabilis causa litigandi
A probable or plausible ground of action.

Probandi necessitas incumbit illi qui agit
The necessity of proving lies on him who sues.

Probatio probate
Literally, a proved proof; that is a proof which is not permitted to be impugned or redargued.

Probatio prout de jure
A proof according to law. It includes all legal means of probation, parole, documentary, and oath of party.

Probatis extremis praesumuntur media
The extremes being proved, those things which fall within or between them are presumed.

Proprio nomine
In one’s own name.

Proxsimus pubertati
Near puberty; having nearly attained the years of puberty, but still in pupilarity.

Publica vindicta
The defence or protection of the public interest; the legal punishment by which the public safety and interest are protected.

Punctum temporis
Point of time.

As; in the character of.
Quae ab initio non valent ex post facto convalescere non possunt
Things invalid from the beginning cannot be made better or valid by subsequent act.

Quae accessionum locum obtinent extinguuntur cum principales res peremptae fuerint
Those things which hold the place of accessories are extinguished when the principal has been destroyed.

Quae solum deum habent ultorem
Crimes or wrongs which can only be punished by God.

As soon as possible; forthwith.

Quando aliquid conceditur, omnia concessa videntur sine quibus hoc explicari nequit
When anything is granted or conferred, all things necessary for the explication (i.e. treatment, development, use) of that thing appear also to be granted.

Quando jus domini regis subdit concurrent jus regis pracferri debet
Where the title of the king and the title of a subject concur, the king’s title must be preferred.

Quando lex aliquid alicui concedit, conceditur et id sine quo res ipsa esse non potest
When the law confers right on any one. It also confers that without which the right conferred cannot exist (or be enjoyed).

Quasi feudem
A kind of fee or heritable right; and generally, that kind of heritable right which arises in money when heritably secured.

Qui acquirit sibi acquirit haeredibus
He who acquires for himself acquires for his heirs.

Qui approbat non reprobate
One who approbates cannot reprobate. A person is said to approbate and reprobate a deed when he seeks to take an advantage or benefit conferred upon him by one portion of it, while he seeks to disregard or dispute the validity of another portion which imposes some restriction upon the benefit, or burdens it with a condition.

Qui consulto dat quod non debebat presumitur donare
One who gives deliberately to another what he does not owe, is presumed to give it as a donation.

Qui facit per alium facit per se
Where one does a thing through the instrumentality of another, he is held as having done it himself.

Qui hearet in litera haeart in cortice
He who considers merely the letter of an instrument goes but skin-deep into its meaning.

Qui in utero est, pro jam nato habetur, quoties de ejus commod quaertur
A child in the womb (yet unborn) is held as already born in any question which may arise touching its rights or interest.

Qui jure suo utitur neminem laedit
He who uses his own rights does wrong to no one.

Qui jussu judici’s aliquod fecerit non videtur dolo malo fecisse, quia parere necesse est
A person who does an act by command of a judge is not considered to act from a wrongful motive, because it is his duty to obey.
[See Taylor v. Clemson, 2 QB 978].

Qui non negat fatetur
He who does not deny, admits.

Qui non prohibit quod prohibere potest assentire videtur
He who does not prevent or prohibit what he can prevent is regarded as assenting.

Qui per alium facit per seipsum facere videtur
He who does an act through another is deemed in law to do it himself.

Qui prior est tempore potior est jure
He has the better title who was first in point of time.

Qui sentit commodum sentire debet et onus
He who derives the advantage ought to sustain the burden.

Qui vult consequens velle videtur et antecedens
He who desires the consequences seems also to desire what preceded it: one who desires, or seeks, the effect must be regarded as consenting to the cause.

Qui vult decipi decipiatur
Let him be deceived who wishes or is willing to be deceived.

Quicquid plantatur solo solo cedit
Whatever is affixed to the soil belongs thereto.

Quicquid solvitur, solvitur Secundum modum solventis
Money paid is to be applied according to the intention of the party paying it.

Quid pro quo
Something given in return for something else.

Quilibet est rei suae arbiter
Every one is the judge of his own affairs.

Quilibet potest renunciare juri pro se introducto
Any one may, at his pleasure, renounce the benefit of a stipulation or other right introduced entirely in his own favour.

Quisque renuntiare potest pro se introducto
Every person can renounce a benefit or right introduced for his own advantage.

Quisque scire debet cuni quo contrahit
Every one ought to know with whom he contracts: every one ought to know about the person he deals with.

Quod ab initio non valet in tractu temporis non convalescit
That which was originally void, does not by lapse of time become valid.

Quod constat curiae operae testium non indigit
What is clear to the court does not need the aid of witnesses.

Quod fieri debet facile preaesumitur
The law always presumes that any act has been propertly and effectually done, performance of which is required by law.

Quod juris in toto idem in parte
That which is law as regards the whole, is so regards a part; the law which governs or prevails in reference to the whole right, applies to every part of that right.

Quod naturaliter inesse debet praesumitur
That is presumed which ought naturally to be.

Quod non apparet non est
That which does not appear does not exist; that which does not appear or is not proved is regarded as not existing.

Quod non in coetu nec vociferatione dicitur, id infamandi causa dictum
That which has been said not in a public assembly nor by way of violent outcry or abuse, is held to have been spoken for the purpose of defaming.

Quod nullum est nullum producit effectum
That which is nothing produces no effect; that which is regarded as null, and in itself equivalent to nothing, can legally have no effect whatever.

Quod remedio destituitur ipsa re valet si culpa absit
That which is without remedy avails of itself if there be no fault in the party seeking to enforce it.

Quod tibi fieri non vis alteri ne feceris
Do not that to another which you would not that another should do to you.

A share or proportion.

Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba fienda est
In the absence of ambiguity, no exposition shall be made which is opposed to the express words of the instrument.

Quum principalis causa non consisitit ne ea quidem quae se quntur locum habent
When the principal no longer exists those things which follow it cease also to have place.

Robery; theft committed by violence.

Ratio decidendi
The reasons of a decision; the ground on which decision proceeds.

Ratio scientiae
The reason or ground of knowledge.

Ratione originis
On account of one’s origin or birth.

Rebus sic stantibus
Matters so standing; in the existing state of matters.

Reipublicae interest, voluntates defunctorum effectum sortiri
It is for the public interest that the Wills of deceased persons should receive effect.

Reipublicae interest ut sit finis litium
It is for public interest that there should be a known termination of pleas; a termination beyong or after which the decision in A suit should be final and unquestionable.

Remedium extraordinarium
An extraordinary remedy: one out of the usual order of legal remedes, and not resorted to except in cases of great necessity, and where ordinary remedies cannot be resorted to.
Remissio injuriae
Forgiveness of the offence; condonation.

Remotis testibus
The witness being absent.

Reao absente
The defender being absent.

Res gesta
The thing done; the whole transation or circumstance.

Res integra
The matter is entire or complete.

Res inter alios acta alteri nocere non debet
A transaction between two parties ought not to operate to the disadvantage of a third.

Res ipsa loquitur (the thing speaks for itself)
A master is not criminally responsible for acts done by his servant without his knowledge, and the condition of the servant’s mind is not to be imputed to the master, [Chisholm v. Doulton, 22 QBD 736].

Res judicata
A case or matter decided; a final judgment.

Res nullis
A subject which is the property of no one.

Res publicae
Subjects belonging to the public; property of public right.

Reservatio ut et rotestatio non facit jus sed tuetor
Reservation and protest do not make a right, but protect it.

Respondeat superior
Let the principal be held responsible.

Backward. Some acts have, as regards their legal consequences a retrospective effect.

Defender on defendant.

Rex non debet esse sub homine, sed sub deo et seb lege, quia lex facit regem
The king is under no man, yet he is under God and the law, for the law makes the king.

Rex non potest peccare
The king can do no wrong.

Rex nunquam moritur
The king never dies. That the kind never dies; the demise is immediately followed by the succession; there is no interval.
Roy iest lie per Ascun statute Si Il Ne Soit Expressement Nosme
The king is not bound by any statute, if he be not expressly named to be so bound.

Salus populi est suprema lax
Regard for the public welfare is the highest law, [R. v. Darligton (Inhabitants), 4 TR 797].

Sanae mentis
Of sound mind.
Secundum bonum et acquum
According to that which is good and equitable.

Semper praesumitur pro negante
The presumption is always in favour of the person denying.

Semper specialia generalibus insunt
Special things are always included in general. A general conveyance by a testator of his whole estate includes every special or individual asset of which he is possessed or to which he is entitled.

Sententia contra minorem indefensum lota nulla est
A decision pronounced against an undefended minor is null.

Si duo in testamento pagnatia reperiuntur ultimum est ratum
If two clauses or provisions are found in a Will in consistent with each other, the last is sustained.

Si quidem in nomine cognomina praenomine legatarii testator erraverit cum de persona constat nihilominus valet legatum
If a testator has made an error in the name or title of the legatee, the legacy will nevertheless be valid if it appear clearly who was the person meant.

Sic utere tuo ut alienum non laedas
Enjoy your own property in such a manner as not to injure that of another person.

Simplex commendatio non obligat
A mere recommendation does not bind i.e. does not infer an obligation.

Sine fraude
Without fraud; honestly; in good faith.
Sine pacto
Without a bargain or agreement.

Sine quo non
Without whom nothing can be effectually done.

Socius crimnis
An associate or accomplice in the commission of a crime.

Sola superviventia
By mere survivance. There are some rights which require no legal process to confer them upon those who succed to them but which vest by mere survivance.

Compensation; indemnification.

Shewdness; craftiness.
Solo animo
By a mere act of the mind; by mere intention or design.

Specialia generalibus derogant
Special provisions derogate from general.

Spondet peritiam artis, et imperitia culpae enumerator
He is responsible for skill in his profession, and want of such skill is regarded as a fault.

Stare decisis
To stand upon decisions; to abide by precedents.

Stilus curiae
The form of court; a matter of legal form, and not essential.

Stricti juris
According to strict right. Some rights with which the law has to deal are regarded strictly and the exercise of them limited to that alone which the express terms of their Constitution warrants.

Strictissimae interpretationis
According to the strictest possible interpretation.

Subsequenta copula
Carnal intercourse having followed; with subsequent carnal intercourse.

Sui juris
Persons who are independent of the control of others as regards their legal acts, and who can validly contract and bind themselves by legal obligation, without the consent of another.

Summa necessitate
In external necessity.

Summa ratio est quae pro religione facit
The best rule is that which advances religion.

Summo jure
In the highest right.

Suo nomine
In one’s own name.

Super eisdem deductis
Upon the same grounds or arguments.
Suppressio veri
The suppression or concealment of the truth.

Surplusagium non nocet
Surplusage does not harm.

A thing substituted for another.

Surrogatum capit raturam rei surrogatae
A thing substituted takes the nature or character of that for which is substituted.

Tantum operatur fictio in casu ficto quantum veritas in casu vero
A legal fiction operates to the same extent and effect in the supposed case as the truth does in a real case.

Temporanea ad agendum sunt perpetau ad excipiendum
Things which at a certain time (or, for a limited time) afford a ground of action may be used by way of exception at any time.

Tempus ex suapte natura vim nullam effectricem habet
Time, in its own nature, has no effectual force; time, taken by itself, has no force, or produced no effect.

Termini habiles
Sufficient grounds.

Testibus non testimoniis credendum est
Credence is given to the witnesses, not to their testimony; that is, the weight to be attributed to evidence depends upon the probability improbability of his statements.

Testimonia ponderand sunt, non numeranda
Testimonies are to be weighed not numbered.

Toto genere
In their whole character; in every respect; entirely.

Traditionibus et usucapionibus, non nudis pactis, transferuntur rerum dominia
Rights of property are transferred by delivery, and by prescription founded on lengthened possession, by A mere agreement or paction.

Transit terra cum onere
The land passes with its burdens.

Uberior titulus
The fuller or more unlimited title.

Uberrima fides
Good faith.

Ubi damna dantur victus victori in expensis condemnari debet
Where damages are awarded, the unsuccessful party ought to be sound liable in expenses to the successful party.

Ubi dolus dedit causam contractui
Where fraud gave rise to the contract.

Ubi eadem est ratio ibi idem est jus
Where there is the same reason, there is the same law.

Ubi eadem ratio ibi idem jus
Like reason doth make like law.

Ubi jus ibi remedium
There is no wrong without a remedy.

Ubi lex deest, praetor supplet
Where the law is wanting or deficient, the praetor supplies the deficiency.

Ultimo loco
In the last place.

Ultmus haeres
Last heir.

Ultra valorem
Beyond the value.

Ultra vires
Beyond the power; in excess of the authority.

Unico contextu
In one connection; that is to say, by one and the same act; or by an act performed in connection with another, and at the same time.

Literally, the whole.

Universum jus
The entire right.

Unum quid
One thing.

Interest; usury.

Ut supra
As above. A common mode of reference to a preceding passage.

Uti quisaque rei suae legassit, ita jus esto
As any one disposes of his own property by testament, so let the law be.

Utile per inutile non vitiatur
Surplusage does not vitiate that which in other respects is good and valid.

Utiliter et equivalenter
Duly, and with equal effect.

Unor non est sui juris sed sub potestate viri
A wife is not in her own right (that is she cannot act independently), but is under the power of her husband.

Valere seipsum
To be its own value.
Vel faciendovel delinquendo –
Either by doing something or by leaving something undone; either by act or omission.
Vel faciendovel delinquendo
Either by doing something or by leaving something undone; either by act or omission.
Venditio generis
A sale of goods of class or kind.

Verba accipienda sunt Secundum subjectam materiam
Words are to be accepted or understood according to the subject-matter with which they deal.

Verba chartarum fortius accipiuntur contra proferentem
The words of an instrument shall be taken most strongly against the party employing them.

Verba debent intelligi cum effectu ut res magis valeat quam pereat
Words ought to be read or, understood as of some effect, so that the matter (deed, contract, etc., in which words are used) may rather be of avail than perish.

Verba generalia restringunter ad habilitatem rei vel personae
General words may be aptly restrained according to the matter or person to which they relate.

Verba illata inesse videntur
Words brought in (by reference) are regarded as present: or, words imported by reference are held as incorporated.

Verba jactantia
Empty, vain, bragging words; words not seriously spoken nor with the intention of binding the person using them to their truth.

Verba posteriora propter certitudinem addita ad priora quae certitudine indigent sunt referenda
Words subsequently added for the purpose of giving certainlty or clearness are to be referred to those previous words which (through their own ambiguity) require to made clear or certain.

Verba relata hoc maxime operantur per referentiam ut in eis inesse videntur
Words to which reference is made in an instrument have the same operation as if they were inserted in the clause referring to them.

Verbis standum ubi nulla ambiguitas
One must abide by the words where there is no ambiguity.

Verborum obligatio
An obligation constituted verbis; a verbal obligation.


Veritas nominus tollit errorem demostrationis
Truth in the name takes away (or destroy the effect of) error in description.
Vi aut clam aut precario
By force, by stealth or other clandestine means, or by importunate entreaty.

Vi statuti
By force of statute.

By means of an act.

Via juris
By means of law or legal process.

Vicarious non habet vicarium
A substitute has no substitute.

Vice versa

Victus victori in expensis damnandeus est
The unsuccessful party is to be found liable in expenses to the successful party. The civil law rule regarding the expenses of a law suit.

Vide infra
See below.

Vide supra
See above.

Vigilantibus, non dormientibus, jura subveniunt
The laws assist those who are vigilant, not those who sleep over their rights.

Vis major
A greater or superior power.

Vitium reale
A real defect.

Viva voce

Volenti non fit injuria
Damage suffered by consent is not a cause of action.

Voluntatis non necessitatis
A matter of choice, and not of necessity.

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