TOP LEGAL MAXIMS AND

PHRASES FOR CLAT,

JUDICIARY, AND LAW EXAMS
A list of important legal maxims and foreign words to assist you in

attaining a tight grasp over the aspects of Legal Aptitude .

What are Legal Maxims
Legal maxims universally admitted, and people in
the legal field are very well aware of these words.
They are mostly Latin words or a combination of
few words. Just like in Geometry, we have axioms;
in law, we have legal maxims and phrases.

Maxims are used in legal

paperwork and are also asked
in law exams like CLAT,
Judiciary.
LEGAL MAXIM
1. Ab Initio - From the beginning.
2. Actionable per se - The very act is punishable and no
proof of damage is required.
3. Actio personalis moritur cum persona - A personal
right of action dies with the person. In other sense, if
he dies the right to sue is gone.
4. Actori incumbit onus probandi - The burden of
proof is on the plaintiff.
5.Actus Reus Non Facit Reum Nisi Mens Sit Rea -
Conviction of a crime requires proof of a criminal act
and intent. or an act does not make a defendant guilty
without a guilty mind. or an act does not constitute
guilt unless done with a guilty intention.
6. Ad hoc - For the particular end or case at hand.
7. Alibi - At another place, elsewhere.
8. Amicus Curiae - A friend of court or member of the
Bar who is appointed to assist the Court.
9. Ante Litem Motam - Before suit brought; before
controversy instituted, or spoken before a lawsuit is
brought.
10. Assentio mentium - The meeting of minds, i.e
mutual assents.
11. Audi alteram partem - No man shall be condemned
unheard.
12. Bona fide - In good faith. 13. Bona vacantia - Goods
without an owner.
14. Boni judicis est ampliare jurisdictionem - It is the
part of a good judge to enlarge his jurisdiction, i.e.
remedial authority.
15. Caveat - A caution registered with the public court
to indicate to the officials that they are not to act in the
matter mentioned in the caveat without first giving
notice to the caveator.
16. Caveat actor - Let the doer beware.
17. Caveat emptor - Let the buyer beware.
18. Caveat venditor -Let the seller beware.
19. Certiorari - A writ by which orders passed by an
inferior court is quashed.
20. Corpus - Body.
21. Corpus delicti - The facts and circumstances
constituting a crime and Concrete evidence of a crime,
such as a corpse (dead body). Also, it refers to the
principle that 'a crime must be proved to have
occurred before a person can be convicted of
committing that crime.' (This definition is mostly used
in western law ).
22. Damnum sine injuria - Damage without injury.
23. De facto - In fact.
24. De jure - By law.
25. De minimis - About minimal things.
26. De Minimis Non Curat Lex - The law does not
govern trifles (unimportant things) or law ignores
insignificant details. Or, A common law principle
whereby judges will not sit in judgment of extremely
minor transgressions (offence, wrongdoings) of the
law.
27. De novo - To make something anew.
28. Dictum - Statement of law made by judge in the
course of the decision but not necessary to the
decision itself.
29. Doli incapax - Incapable of crime.
30. Detinue - Tort of wrongfully holding goods which
belong to someone else.
31. Donatio mortis causa - Gift because of death. Or a
future gift given in expectation of the donor's
imminent death and only delivered upon the donor's
death.
32. Estoppel - Prevented from denying.
33. Ex gratia - As favour.
34. Ex officio - Because of an office held.
35. Ex parte - Proceedings in the absence of the other
party.
36. Ex post facto - Out of the aftermath, or After the
fact. According to Wikipedia, It is a law that
retroactively changes the legal consequences (or
status) of actions that were committed, or
relationships that existed, before the enactment of the
law. In criminal law, it may criminalise actions that
were legal when committed; it may aggravate a crime
by bringing it into a more severe category than it was
in when it was committed; it may change the
punishment prescribed for a crime, as by adding new
penalties or extending sentences; or it may alter the
rules of evidence in order to make conviction for a
crime likelier than it would have been when the deed
was committed.
37. Fatum - Beyond human foresight.
38. Factum probans - Relevant fact.
39. Fraus est celare fraudem - It is a fraud to conceal a
fraud.
40. Functus officio - No longer having power or
jurisdiction.
41. Furiosi nulla voluntas est - Mentally impaired or
mentally incapable persons cannot validly sign a will,
contract or form the frame of mind necessary to
commit a crime. or a person with mental illness has no
free will.
42. Habeas corpus - A writ to have the body of a
person to be brought in before the judge.
43. Ignorantia juris non excusat - Ignorance of the law
excuses not or Ignorance of the law excuses no one. In
other words, A person who is unaware of a law may
not escape liability for violating that law merely
because one was unaware of its content.
44. Injuria sine damno - Injury without damage.
45. Ipso facto - By the mere fact.
46. In promptu - In readiness.
47. In lieu of - Instead of.
48. In personam - A proceeding in which relief I sought
against a specific person.
49. Innuendo - Spoken words which are defamatory
because they have a double meaning.
50. In status quo - In the present state.
51. Inter alia - Among other things.
52. Inter vivos - Between living people. (especially of a
gift as opposed to a legacy)
53. Interest Reipublicae Ut Sit Finis Litium - It means it
is in the interest of the state that there should be an
end to litigation.
54. Jus cogens or ius cogens - Compelling law.
55. Jus in personam - Right against a specific person.
56. Jus in rem - Right against the world at large.
57. Jus naturale - Natural law. Or in other words, A
system of law based on fundamental ideas of right and
wrong that is Natural Law.
 58. Jus Necessitatis - It means a person’s right to do
what is required for which no threat of legal
punishment is a dissuasion. Dissuasion means: the
action or process of trying to persuade someone not to
take a particular course of action. Question asked by
one of you: I have a doubt about the maxim jus
necessitatis. Does it come under section 81 or 87 of
IPC?
Answer: This is called the doctrine of necessity. It
means a person doing a thing under compulsion of
situation. It is not considered a wrongful act. It comes
under the ambit of section 81 of IPC.
59. Jus non scriptum - Customary law.
60. Jus scriptum - Written law.
61. Jus - Law or right.
62. Justitia nemini neganda est - Justice is to be denied
to nobody.
63. Jus soli - Right of soil.
64. Jus sanguins - Right of blood or descent.
65. Lex non a rege est violanda - The law must not be
violated even by the king.
66. Locus standi - Right of a party to an action to
appear and be heard by the court and be heard by the
court.
67. Mala fide - In bad faith. 68. Malum in se or Mala
in se (plural) - Wrong or evil in itself. Or, Mala in se is 'A
term that signifies crime that is considered wrong in
and of itself.' For Example, Most human beings believe
that murder, rape, and theft are wrong, regardless of
whether a law governs such conduct or where the
conduct occurs and is thus recognizably malum in se.
69. Malum prohibitum - In a way opposite of Malum in
se. It means 'Crimes are criminal not because they are
inherently bad, but because the act is prohibited by the
law of the state.' For example, Jurisdiction in India
requires drivers to drive on the left side of the road.
This is not because driving on the right side of a road is
considered immoral, but because the law says to drive
on the left side and not on the right side.
70. Mandamus - 'We command'. A writ of command
issued by a Higher Court to Government/Public
Authority, to compel the performance of a public duty.
71. Mens rea - Guilty mind. 72. Misnomer - A wrong or
inaccurate name or term.
73. Modus operandi - Way of working.
74. Modus Vivendi - Way of living.
75. Mutatis Mutandis - With the necessary changes
having been made, or with the respective differences
having been considered.
76. Nemo bis punitur pro eodem delicto - Nobody can
be twice punished for the same offence.
77. Nemo debet bis vexari pro una et eadem causa - It
means no man shall be punished twice for the same
offence.
78. Nemo debet esse judex in propria causa or Nemo
judex in causa sua or Nemo judex in sua causa -
Nobody can be judge in his own case.
79. Nemo moriturus praesumitur mentire - A man will
not meet his maker (God) with a lie in his mouth or in
other words 'No man at the point of death is presumed
to lie.' (This maxim is related to dying declaration)
80. Nemo Potest esse tenens et dominus - Nobody can
be both a landlord and a tenant of the same property.
81. Nolle prosequi - A formal notice of abandonment
by a plaintiff or prosecutor of all or part of a suit.
82. Novation - Transaction in which a new contact is
agreed by all parties to replace an existing contract.
83. Nunc pro tunc - Now for then. A ruling nunc pro
tunc applies retroactively to correct an earlier ruling.
84. Non Sequitur - A statement (such as a response)
that does not follow logically from or is not clearly
related to anything previously said.
WritingLaw.comSource: Merriam Webster Dictionary.
85. Obiter dictum - Things said by the way. It is
generally used in law to refer to an opinion or non-
necessary remark made by a judge. It does not act as a
precedent. In other words, Obiter dictum means “that
which is said in passing,” an incidental statement.
Specifically, in law, it refers to a passage in a judicial
opinion which is not necessary for the decision of the
case before the court. Such statements lack the force
of precedent but may nevertheless be significant.
Source: Britannica
86. Onus probandi - Burden of proof.
87. Pacta Sunt Servanda - Agreements must be kept.
or Agreements are legally binding. In International
Agreements it means 'every treaty in force is binding
upon the parties to it and must be performed by them
in good faith.'
88. Pari passu - With an equal step.
. 89. Particeps criminis - A participator in the actual
crime/partner in crime.
90. Per curiam (decision or opinion) - By the court. In
other words, The decision is made by the court (or at
least, a majority of the court) acting collectively.
91. Per se - By itself.
92. Persona non grata - A person who is unacceptable
or unwelcome. Opposite of persona non grata is
persona grata. Also, In diplomacy, a persona non grata
is a foreign person whose entering or remaining in a
particular country is prohibited by that country's
government.
93. Prima facie - At first sight. 94. Alimony - A
husband's (or wife's) provision for a spouse after
separation or divorce; maintenance. Palimony - Money
which a man pays to a woman with whom he has been
living and from whom he is separated. Palimony has
slightly different meanings in different jurisdictions.
95. Per curiam - By a court.
96. Per incuriam - Because of lack of care.
97. Prima facie - On the face of it.
98. Quantum meruit - What one has earned. or The
amount he deserves. In other words, A reasonable sum
of money to be paid for services rendered or work
done when the amount due is not stipulated (specified,
written down) in a legally enforceable contract. Source:
Oxford
99. Qui facit per alium, facit per se - He who acts
through another acts himself. In simple words, It is a
fundamental legal maxim of the law of agency. It is a
maxim often stated in discussing the liability of the
employer for the act of employee in terms of vicarious
(indirect, secondhand) liability.
100. Quid pro quo - Something for something.
101. Qui sentit commodum, sentire debet et onus - It
means he who receives advantage must also bear the
burden.
102. Quo warranto - By what authority. A writ calling
upon one to show under what authority he holds or
claims a public office.
 103. Ratio decidendi - Principle or reason underlying a
court judgement. or The rule of law on which a judicial
decision is based.
104. Respondeat superior - Let the master answer. For
example, There are circumstances when an employer is
liable for acts of employees performed within the
course of their employment. This rule is also called the
master-servant rule. 105. Res ipsa loquitor - The thing
speaks for itself.
106. Res Judicata - A matter already judged. Related:
Res Judicate Is Based On 3 Maxims Related: Res
Judicata vs. Res Sub Judice
107. Res Judicata Pro Veritate Accipitur - It means that
a judicial decision must be accepted as correct.
108. Rex non protest peccare - The king can do no
wrong. 109. Salus populi est suprema lex - The welfare
of the is the supreme law.
110. Status quo - State of things as they are now.
111. Sine die - With no day (indefinitely).
112. Sine qua non - "without which nothing". An
essential condition. A thing that is absolutely
necessary. Basically a component of an argument that,
if debunked, causes the entire argument to crumble.
113. Suo Motu - On its own motion.
114. Uberrima fides (sometimes uberrimae fidei) -
Utmost good faith.
115. Ubi jus ibi remedium - Where there is a right,
there is a remedy.
116. Veto - Ban or order not to allow something to
become law, even if it has been passed by a
parliament.
117. Vice versa - Reverse position.
118. Vis major - Act of God. 119. Volenti non fit injuria
- Damage suffered by consent gives no cause of action.
In other words, If someone willingly places himself in a
position where he knows that harm might result, then
he is not able (allowed) to bring a claim against the
other party in tort or delict (a violation of the law).
120. Vox populi - Voice of the people. Or, The opinion
of the majority of the people.
121. Waiver - Voluntarily giving up or removing the
conditions.