CENTRAL UNIVERSITY OF SOUTH BIHAR, GAYA

School of Law & Governance

Legal terms and Legal maxims

ANESH KUMAR
B.A.LL.B. (Hons.)
2ndSemester (2019-24)
Enrollment Number: CUSB1913125021
Section: A

Course Title: English-II( Legal Language)

Course Code: BALAW200504

Submitted to:

Mr. Abhay Leonard Ekka

Assistant Professor of English
Central University of South Bihar
 LEGAL TERMS

1.ADDENDUM- Something added; a supplemental section of a document

containing material added after the document was prepared.
2.ALLOCUTION- The requirement in common law that, following the verdict of
conviction, the judge ask the defendant to show legal cause why sentence should not
be pronounced.
3.ARBITRATION- Submitting a controversy to an impartial person, the arbitrator,
chosen by the two parties in the dispute to determine an equitable settlement.
4.BURDEN OF PROOF: The duty of a party to substantiate an allegation or issue,
that to avoid dismissal of that issue or to convince the court of the truth of that claim
and hence to prevail in a civil or criminal suit.
5.CITATION: A reference to a legal authority. For eg- a citation to a statute or case.
; a writ which commands the presence of a party in a proceeding.
6.COERCION: Any form of compulsion or constraint that compels or induces a
person to act otherwise then freely. It may be physical force but is more often used
to describe any pressure that is brought to bear on another's free will.
7.CONCUR: To agree. A concurring opinion agrees with the conclusion of the
majority but may state different reasons why such a conclusion is reached.
8.DEFERMENT: Postponing or putting off to a future time. May apply to the
vesting or enjoyment of an estate or to the calling of a person to serve in the armed
forces. eg- deferred payments, deferred compensation.
9.DECREE: The judicial decision in a litigated case rendered by a court of equity
it is accurate to use the word judgement for a decision of a court of law and decree
from a court of equity.
10.EX PARTE: In behalf of or on the application of one party, by or for the party.
An ex parte judicial proceeding is one brought for the benefit of one party only e
without notice to or challenge by an adverse party.
11.FORESEEABILITY: A concept to limit a party's liability for the consequences
of his or her facts to effects that are within the scope of a foreseeable risk i.e. risk
whose consequences a person of ordinary prudence would reasonably expect might
occur as a result of his or her actions.
12.FORFEITURE: the permanent loss of property for failure to comply with the
law; the divestiture of the title of property, without compensation, for a default or an
offense.
13.FORGERY: Fraudulent making or altering of a writing with intent to prejudice
the rights of another; making of a false instrument for the passing of an instrument
known to be false.
14.GRIEVANCE: One’s allegation that something imposes an illegal burden, or
denies some equitable or legal right or causes injustice.
15.GRATUITOUS PROMISE: One by which a person promises to do, or refrain
from doing, something without requiring consideration in return.
16.INCONSISTENT: Contradictory to one another. In pleading, inconsistent facts
or legal theories may be pled in the alternative.
17.INJUNCTION: A judicial remedy awarded to restrain a particular activity; the
injunction is a preventive measure to guard against future injuries rather than one
that affords a remedy for past injuries.
18.INFRINGEMENT: Breach, violation, unauthorized distribution.
19.PRECEDENT: Previously decided case recognised as authority for the
disposition of future cases.
20. SLANDER: To engage in defamation orally; spoken words that tend to damage
another's reputation.
 LEGAL MAXIMS

1.Ab initio- From the very beginning

This maxim is used in references to the validity of contract, statutes, marriages to
indicate that existence of such things relates back to the inception. Eg- This
insurance policy is valid ab initio.
2.Audi alteram partem- hear the other side too
This maxim is often used to show that no person shall be condemned without being
heard each party will be given an opportunity to defend themselves against the
evidences provided by the opposition.
3.Actoriincumbit onus probandi- the burden of proof lies with the plaintiff
The burden of proof is an essential requisite to a party in a trial to produce evidence
that will shift the blame or conclusion away from the current defaulting position to
one’s own position.
4.Quid pro quo- something for something
The mutual consideration that passes between two parties to a contract agreement,
thereby making the agreement valid and binding.
5. Actus non facit reum nisi mens sit rea- for an act to be illegal the person should
do it with a guilty mind
This Latin maxim is a lucid explanation for criminal intention. An act is intentional
if it exists in idea before it exists as a fact. Therefore, guilty mind is one of the
essential elements of a crime.
6. Actus reus- guilty act
Actus Reus with mens rea(guilty mind) together when proved beyond all reasonable
doubt produces criminal liability. Actus Reus can be considered as the objective
element for the commission of the crime.
7. Damnum sine injuria esse potest – there may be damage or injury inflicted
without any wrong being done.
The principle that a claimant who has suffered damage in consequence of the act of
another,may not be entitled to recover compensation because the defendants act was
not in law wrongful.
8. Ex nudo pacto non oritur actio- no action arises from a nude contract(i.e. a
contract without consideration).
Since consideration is the founding platform to a contract, a contract without
consideration is void.
9. Falsus in uno falsus in omnibus- false in one thing false in all. Once a
knave(dishonest man) always a knave.
It is the legal principle that a witness who testified falsely about one matter is not
credible to testify about any matter.
10. Qui facit per alium facit per se - he who acts through another text through
himself.
This maxim discusses the liability of employer for the act of employee or principle
for an agent. The master is responsible for the act of his servant in the same way that
he is responsible for his own acts.
11. Res ipsa loquitur- the thing speaks for itself
The doctrine provides that in some circumstances the mere fact of an accident's
occurrence raises an inference of negligence that establishes a prima facie case.
12. Salus populi supreme lex- the health safety and welfare of the public is the
supreme law.
The prosperity of its people and the proper maintenance of order and security should
be the first and main object of every government.
13. Ubi his ibi remedium- where there is a legal right there is a remedy
It is an elementary maxim which provides if a man has a right, he must also have a
means to maintain it and a remedy if he is injured in the exercise and enjoyment of
that right.
14. Volenti non fit injuria- to the one who volunteers, no harm is done.
It is a doctrine which states that if someone willingly places himself in a position
where harm might result, knowing that some degree of harm might result, they are
not able to bring a claim against the other party in tort.
15. Consensus ad idem- meeting of the minds
It means that two or more parties to an agreement have the same understanding of
the terms and conditions of the agreement in the same sense. The terms must be
clearly understood by all parties to the agreement.
16. Boni judicis lites dirimere est- duty of a good judge to prevent litigation
In a case before the court, the judges should give their judgements and put an end to
the case and try to make sure that another suit may not grow out of the present suit.
17. Corpus delicti- body of a crime
It is a Latin term which means that before the conviction of a person accused of
committing a crime, the criminal act in itself must be proved.
18. Contra bonos mores- against good principles
It can also be translated as a thing or act which is against moral conscience and social
justice. Eg- All contracts contra bonos mores are illegal and have no value in the
eyes of law.
19. Cursus curiae est lex curiae- the practice of the court is the law of the court
This maxim establishes that the rules of the court or the customs of the court are as
binding as the law. The rules of the court have to be followed strictly.
20. Dormiunt leges aliquando, nunquam moriuntur- The law sometimes sleeps
but never dies.
This maxim is concerned with the laws that are old and outdated but they still exist
in the legal books and acts. This maxim of law establishes that even though a law
may lie dormant , it can always be invoked by anyone willing to assert it.