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Legal Principles and Maxims

The document outlines fundamental legal principles and maxims essential for understanding and applying law across various fields. It emphasizes concepts such as the rule of law, due process, and the presumption of innocence, which ensure fairness and justice in legal proceedings. Additionally, it includes traditional legal maxims that guide judicial reasoning and interpretations.

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Aqiff Aiman
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0% found this document useful (0 votes)
19 views6 pages

Legal Principles and Maxims

The document outlines fundamental legal principles and maxims essential for understanding and applying law across various fields. It emphasizes concepts such as the rule of law, due process, and the presumption of innocence, which ensure fairness and justice in legal proceedings. Additionally, it includes traditional legal maxims that guide judicial reasoning and interpretations.

Uploaded by

Aqiff Aiman
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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These are legal principles and their short explana ons which are founda onal to understanding and

applying law in various fields, including criminal, civil, and cons tu onal law.

Legal Principle Explana on

The principle that all individuals and ins tu ons, including the
Rule of Law
government, are subject to the law.

Ensures fair treatment through the normal judicial system, especially


Due Process
in criminal cases.

The principle that a person is considered innocent un l proven guilty


Presump on of Innocence
in a court of law.

The principle that all people, regardless of status, are subject to the
Equality Before the Law
same laws and legal protec ons.

The principle that the legal system should ensure fair and impar al
Jus ce and Fairness
treatment for all individuals.

Legality Principle (Nullum The principle that a person cannot be prosecuted for an act that was
Crimen, Nulla Poena) not legally defined as a crime at the me.

The division of government into separate branches (legisla ve,


Separa on of Powers execu ve, and judiciary) to prevent any one branch from gaining too
much power.

The legal responsibility for ac ons, par cularly for those in posi ons
Accountability
of authority or power.

The right to express opinions and ideas without government


Freedom of Speech
censorship or restraint, within legal limits.

The principle that everyone is en tled to a fair and public hearing


Right to a Fair Trial
within a reasonable me by an impar al tribunal.

Legal Precedent (Stare The principle that courts should follow precedents or prior judicial
Decisis) decisions when making rulings.

The principle that laws and legal ac ons should be made for the
Public Interest
welfare of the general public.

The principle that the severity of a legal penalty or ac on should be


Propor onality
appropriate to the offense or harm commi ed.

The right to freely associate or assemble with others for social,


Freedom of Associa on
poli cal, or religious purposes.

The legal right of individuals to have their personal informa on and


Right to Privacy
ac ons protected from unwarranted interference.
Legal Principle Explana on

The principle that individuals are free to enter into agreements and
Contractual Freedom
contracts without undue restric ons.

A legal obliga on to avoid causing harm to others, which can lead to


Breach of Duty
legal liability if violated.

A legal doctrine that holds an employer or principal responsible for the


Vicarious Liability ac ons of an employee or agent performed within the scope of
employment or agency.

The mental state or intent of a person when commi ng a criminal act,


Mens Rea (Guilty Mind)
which is necessary to establish liability.

Actus Reus (Guilty Act) The physical act or conduct that cons tutes a criminal offense.

The principle of ensuring fairness in legal proceedings, especially the


Natural Jus ce
right to a fair hearing and the rule against bias.

The legal right to use reasonable force to protect oneself from harm or
Self-Defense
threat.

The principle that a person cannot be tried for the same offense more
Double Jeopardy
than once a er a verdict has been rendered.

The principle that once a legal case has been decided, it cannot be re-
Res Judicata
li gated.

The principle that laws should maintain social order, preven ng public
Public Order
disturbances and harm.

The right to prac ce, change, or withdraw from religion without


Freedom of Religion
government interference.

The concept that individuals and en es (such as corpora ons) have


Legal Personhood
legal rights and responsibili es.

The obliga on of certain individuals or organiza ons to take specific


Affirma ve Duty
ac ons to prevent harm or fulfill a legal responsibility.

The expecta on that par es in a contract or legal rela onship act


Good Faith
honestly and fairly towards each other.

The power of the government to take private property for public use,
Eminent Domain
with compensa on provided to the owner.

The principle that laws cannot apply retroac vely to ac ons that were
Ex Post Facto
legal at the me they were commi ed.
Legal Principle Explana on

The principle that market ac vi es should be conducted in a manner


Fair Compe on that promotes fair and open compe on without undue advantage or
fraud.

Freedom from Torture and The principle that individuals should be free from cruel, inhuman, or
Inhuman Treatment degrading treatment or punishment.

A defense in tort law where the plain ff is found to have contributed


Contributory Negligence
to their own harm through their negligence.

The rule that judicial decisions should be consistent and based on


Doctrine of Precedent
earlier rulings or established law.

The principle of ensuring that the outcome of legal decisions is just,


Substan ve Jus ce
regardless of procedural technicali es.

The principle that both par es in a legal dispute must have an equal
Equality of Arms
opportunity to present their case.

The principle that enough evidence must be provided in legal cases for
Sufficiency of Evidence
a verdict to be jus fiable.

The principle that certain legal rules or court decisions are binding on
Binding Authority
future cases or lower courts.

Established principles or aphorisms in law that guide legal reasoning


Legal Maxims
and interpreta ons, such as "Ignorance of the law is no excuse."

The principle that a person has the right to be assisted by a lawyer


Right to Counsel
during legal proceedings.

Caveat Emptor (Let the A principle in contract law where the buyer is responsible for checking
Buyer Beware) the quality and suitability of goods before purchasing.

The principle that agreements and contracts should be honored and


Pacta Sunt Servanda
enforced as wri en.

Innocent Un l Proven The principle that the accused in a criminal trial is presumed innocent
Guilty un l evidence proves guilt.

Supremacy of the The principle that the Cons tu on is the highest law of the land, and
Cons tu on any law inconsistent with it is void.

Summary:

This table covers fundamental legal principles and their applica on to various areas of law. They
guide how laws are enacted, interpreted, and enforced, ensuring fairness, jus ce, and individual
rights in the legal system.
Here’s a table of legal maxims with their short explana ons. Legal maxims are established principles
or general rules of law, o en used to guide judicial reasoning and interpreta ons:

Legal Maxim Explana on

The physical act or conduct that cons tutes a criminal offense, i.e., the
Actus Reus
"guilty act" in criminal law.

Ad impossibilia nemo No one is bound to do the impossible. This maxim suggests that a
tenetur person cannot be required to perform a task that is impossible.

Hear the other side. A principle of fairness that requires both par es to
Audi Alteram Partem
be heard before making a decision.

In good faith. This maxim suggests ac ons must be done with honest
Bona Fide
intent, without deceit or fraud.

Let the buyer beware. A principle in contract law that the buyer is
Caveat Emptor responsible for checking the quality and suitability of goods before
purchasing.

Whoever owns the soil, it is theirs up to the sky. This maxim refers to
Cuius est solum, eius est
the concept of land ownership and rights over property, including above
usque ad coelum
and below the surface.

The law does not concern itself with trifles. This means the law will not
De Minimis Non Curat Lex
address trivial ma ers or insignificant issues.

Of the same kind or nature. When a law lists specific items followed by
Ejusdem Generis a general term, the general term is interpreted to include only things of
the same kind.

A er the fact. A principle that a law cannot be applied retroac vely to


Ex Post Facto
ac ons or events that occurred before the law was enacted.

Let jus ce be done though the heavens fall. This maxim emphasizes that
Fiat Jus a Ruat Caelum
jus ce must prevail, regardless of the consequences.

Ignoran a Juris Non Ignorance of the law is no excuse. This maxim means that a person
Excusat cannot defend against a charge by claiming ignorance of the law.

When in doubt, for the accused. This principle means that if the
In Dubio Pro Reo evidence is unclear or doubt arises in a criminal case, the defendant
should be presumed innocent.

In the place of a parent. It refers to individuals or ins tu ons (like


In Loco Paren s
schools) that take on responsibili es akin to those of a parent.

Against a person. Refers to legal ac ons or judgments directed toward a


In Personam
specific individual.
Legal Maxim Explana on

Against a thing. Refers to legal ac ons that are directed toward property
In Rem
or assets rather than individuals.

Right of the soil. The principle that na onality or ci zenship is


Jus Soli
determined by the place of birth.

Right of blood. The principle that na onality or ci zenship is


Jus Sanguinis
determined by the na onality of one's parents.

The law of the place. Refers to the legal system or laws that apply in a
Lex Loci
specific loca on.

The law of retalia on. A principle of jus ce where the punishment


Lex Talionis
corresponds to the offense, e.g., "an eye for an eye."

Nemo Dat Quod Non No one gives what they do not have. This principle states that a person
Habet cannot transfer ownership of something they do not own.

No one should be a judge in their own case. This maxim ensures


Nemo Judex in Causa Sua impar ality by sta ng that no one should judge a ma er where they
have an interest.

No one is bound to accuse themselves. A person cannot be forced to


Nemo Tenetur Seipsum
tes fy against themselves in criminal cases (right against self-
Accusare
incrimina on).

A thing is known by the company it keeps. A principle used in statutory


Noscitur a Sociis interpreta on, meaning that a word’s meaning can be understood by
looking at the words around it.

Agreements must be kept. A fundamental principle of contract law that


Pacta Sunt Servanda
emphasizes the binding nature of contracts once agreed upon.

In equal fault. This maxim applies when both par es in a legal dispute
Pari Delicto
are equally at fault, usually in civil cases.

Money does not s nk. This maxim refers to the idea that money is not
Pecunia non olet
tainted by its origins or how it was obtained.

He who acts through another acts himself. This maxim establishes the
Qui Facit Per Alium Facit
principle of vicarious liability, where one person is held accountable for
Per Se
the ac ons of another.

A ma er judged. This principle means that once a legal case has been
Res Judicata
decided, it cannot be reli gated.
Legal Maxim Explana on

The welfare of the people is the supreme law. This maxim emphasizes
Salus Populi Suprema Lex that the public good should be the highest priority in law and
governance.

Where there is a right, there is a remedy. This principle means that if a


Ubi Jus Ibi Remedium
legal right is violated, there must be an available remedy or recourse.

Where there is society, there is law. This maxim suggests that the law
Ubi Societas Ibi Jus
exists to regulate rela onships within a society.

Vigilan bus Non The law assists those who are vigilant, not those who sleep. This
Dormien bus Jura principle indicates that legal rights are only protected if they are ac vely
Subveniunt pursued.

To a willing person, no harm is done. This maxim applies to situa ons


Volen Non Fit Injuria where a person voluntarily assumes a risk, o en used in the context of
consent to certain ac ons.

The voice of the people is the voice of God. This principle highlights the
Vox Populi, Vox Dei idea that public opinion or consent plays a cri cal role in shaping law or
jus ce.

Not of sound mind. This legal term refers to an individual who is


Non Compos Men s
mentally incompetent and unable to make ra onal decisions.

Things standing thus. This principle allows for trea es or agreements to


Rebus Sic Stan bus be altered or suspended in case of a fundamental change in
circumstances.

Time flies. O en referenced in legal contexts regarding me limits or


Tempus Fugit
deadlines for filing claims, statutes of limita ons, etc.

Summary:

This table presents legal maxims, which are tradi onal principles and sayings that help guide legal
reasoning and decisions. These maxims have been long-established in law and provide concise
expressions of common legal concepts, values, and standards.

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