Legal Principles and Maxims
Legal Principles and Maxims
applying law in various fields, including criminal, civil, and cons tu onal law.
The principle that all individuals and ins tu ons, including the
Rule of Law
government, are subject to the 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 legal responsibility for ac ons, par cularly for those in posi ons
Accountability
of authority or power.
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 individuals are free to enter into agreements and
Contractual Freedom
contracts without undue restric ons.
Actus Reus (Guilty Act) The physical act or conduct that cons tutes a criminal offense.
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 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
Freedom from Torture and The principle that individuals should be free from cruel, inhuman, or
Inhuman Treatment degrading treatment or punishment.
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.
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.
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:
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.
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.
Against a thing. Refers to legal ac ons that are directed toward property
In Rem
or assets rather than individuals.
The law of the place. Refers to the legal system or laws that apply in a
Lex Loci
specific loca on.
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.
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 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.
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.
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.