Legal Maxims & Terms
Law of Torts
First of all, let check the important maxims in the law of torts. So these two maxims are where the discussion on the law of torts begins-
▸ Damnum Sine Injuria
- Damage without Injury
▸ Injuria Sine Damnum
- Injury without damage
The word "sine" means "without", Damnum means damages, any damage done and injuria means injury. On the basis of the maxim in which the word "injuria" it is used, depending on that it could be a legal injury or illegal injury.
Let's understand this with an example suppose that you park your vehicle in the wrong place (in a non-parking area) and you are fined with a challan of Rs. 200. This loss of Rs. 200 it would be "Damnum", or damages but this damage is done is it a result of a legal act? or illegal act?
A result of legal action, because it was your mistake.
So the meaning of first maxim is that you do suffer damage, but not because of any illegal act.
Similarly, lets say that someone breaks into the garden of your house. He comes in and just stands. You do not suffer any loss because of him standing there but since you have a right against trespass and a right over the area of your garden. So your legal right has been violated. In this condition what has happened is that you have suffered a legal injury, but without any actual damage.
So damnum sine injuria means damage without illegal act or illegal injury and injuria sine damnum means legal injury without actual damage.
▸ Ubi Jus Ibi Remedium
-where there is a right, there is a remedy
"Remedium" means remedy and where ever you see the word "jus" or "jure" so it means "law", "right", "justice" and as we say in English "where", "there" similar are the words "Ubi" "ibi" so the meaning of this maxim is, where there is a right, there is a remedy which means wherever there is a right, for its protection, there will necessarily be an equivalent remedy, for example, our fundamental rights
The famous case of this maxim is Ashby v. White and a famous case for Damnum sine Injuria is Gloucester Grammar School case.
Let's also check some terms.
• Defamation
If you harm anyone's reputation that is known as defamation now defamation can be done in two ways: Slander & Libel
Slander means spoken word. Now if you damage someone's reputation by talking about it that would be called Slander. Similarly, if you defame someone by printing it in a newspaper or by print media that would be known as Libel.
Let's know about such maxims which are important legal principles as well-
▸ Ignorantia Facti Excusat
-Ignorance of Fact can be Excused
▸ Ignorantia Juris Non Excusat
-Ignorance of Law cannot be Excused
First, we have now, "ignorant" means ignorance, "excusat" means excuse and "Juris" or "Jure" means justice/ law/ right and please keep this in mind that whichever maxim uses the word "non" that would be an exception.
Lets understand this with a common example suppose that you are driving a vehicle on a high way you are stopped by Police patrolling and checks your car's trunk some things are found in it but you had no knowledge about it in this situation, you can use the first Maxim for your Defence (gnorantia Facti Excusat). You did not know.
Let's take the same example again you are driving on a highway where top speed permissible is 100km/ hr. but you are driving at 150 km/hr you are stopped and you say, "Oh, I did not know that top speed allowed is just 100". So you cannot take the defence (Ignorantia Juris Non Excusat). Every person, who lives in India or abroad he must have complete information about Law.
For the next important maxim lets understand these two terms first
• Actus reus & mens rea
These two terms "reus" and "rea" mean guilt/ guilty so the meaning of Actus reus is guilty act. "Mens" means mind so mens rea means guilty mind.
▸ Actus Non Facit Reum Nisi Mens Sit Rea
-The act itself does not make a man guilty except his intentions were so
Sometimes, don't we say that "it happened by mistake" "I had no intention of doing it." that exactly it is. As I have said if "non" word is used in some maxim, it would be an exception. Actus reum meaning the guilty act and mens rea means guilty mind. So, the meaning of this maxim is The act itself does not make a man guilty except his intentions were so.
Let's understand this with an example, you go out for hunting you sense some animal behind the bushes and shoot it. while it turns out to not be an animal but another hunter in this, you did commit a guilty act and killed that person but behind that act of killing, was there any guilty intention? No, right. So you can take this exception. that guilty act amounts to nothing unless there is a guilty intention behind it.
▸ Nemo debet bis vexari
-Nobody should be twice punished for one and the same cause
The meaning of "Nemo" is nobody "bis" means twice, two times. and keyword of "vexari" is 'vex' which means harassment so the meaning of this maxim is that for same act, for same cause of action no person can be punished twice and this exactly is the Double Jeopardy principle of Article 20 of the constitution.
▸ Nemo tenetur seipsum accusar
-Nobody Has to Accuse himself
Nemo means nobody, Keyword for "accusar" is accused so the meaning of this maxim is that Nobaody should be made to accuse himself and this exactly is in Article 20 as Self-incrimination principle.
Law of Contract
First, let's understand these 3 terms:
• Valid
• Voidable
Suppose, I sell you a house. but I did not tell you this, at the time of selling, that there is a leakage in the roof and the water drips so now, you wish to get out of this contract you do not want to perform this contract so this will be called a voidable contract.
• Void ab Initio
Now this word "void", it is opposite of valid let's see an example Suppose, today,, two kids each of 13 years of age are made to marry each other. so their marriage would be called "void ab initio" meaning that this marriage is void since its beginning since it was solemnised meaning that it had no acceptance in law.
▸ Caveat Emptor
-Let the buyer Beware
Meaning of "caveat" is notice so the meaning of Caveat emptor is let the buyer Beware its meaning is that every purchaser must utilise proper caution he must not be ignorant. so whenever you purchase medicine or a food product then you must properly check that if its expiry date has passed or if it is fresh. this is your duty.
▸ Respondent Superior
- Let the Principle be held Responsible
Respondent is to respond, to reply and Superior means upper authority.
This maxim is almost similar to above one, so let's understand this with examples. Suppose, my driver drops me to office from home. and he leaves back for home, after dropping me. But an accident happens with him on the way back. So for this accident, I would be responsible. why? because the driver was working according to my directions. This exactly is the maxim of Respondent superior. which means that Let the Principle be held Responsible.
▸ Qui Facit Alium Facit Per Se
-He who acts through another acts himself
The person, who is providing directions it is his responsibility to answer and similarly, we have Qui Facit Alium Facit Per Se. Lets first, understand it with an example- Suppose you go to a bank to deposit money. the agents there, take your money but they commit mischief in depositing the money for that, you can hold the agent responsible and also to the bank (principal) why?
Because of this maxim, this maxim means that if you are doing an act through the medium of an agent then it will be presumed that whatever work that agent is doing that is actually done by you.
▸ Actio Personalis Moritor Cum Persona
This maxim applies to very limited cases and in very limited countries."Moritur" means mortuary meaning death and 'personalis' means Personal Laws. meaning of this maxim is
A personal rightt of action dies with the personn
Suppose there are 2 persons and one harms the other one. in some way now if any one of these 2 dies then right of action will end as well. meaning a personal right of action dies with the dead.
▸ Consensus ad-idem
Keyword of "consensus" is consent. suppose I have to sell you a vehicle in my mind I believe that I have to sell a black car and you believe that I have to sell a white car and both of us enter into a contract, so in this case, there is no consensus ad idem, its meaning is
"meeting of minds"
both the parties, who are contracting in the relation of certain things there should be a meeting of mind/ a common understanding.
Interpretation of Statute
lets understand some important maxims and terms of interpretation of statutes.
▸ Noscitur a Socis
Noscitur means to recognise and "scois" means allies/ friends so meaning of this maxim is where a lot of words are used, out of which meaning of a word is not fixed it can have multiple meanings then, meaning of that word shall be derived from its association.
Meaning of the word be ascertained by its Association
▸ Ejusdem Generis
The maxim of Ejusdem Generis also has similar meaning. Generis means General nature. Same matter to be followed. for example, in A,B,C,D,E, etc., can we include 1,2,3.. in this etc.?
No, right. Because same pattern needs to be followed this exactly is the rule of Ejusdem Generesis that whatever general pattern is being followed, that shall be followed ahead as well.
After this, know this that every judgement has 3 parts-
• Stare Decisis, Ratio Decidendi & Obiter Dicta
Stare decisis is that part which is known by normal public, and everyone in general. Stare decisis can also found in Article 141 of the constitution. This principle says that if court evolves some principle on basis of facts of some case then even after this case if there is anther case with similar facts same principle shall be applied on that case too this is called stare decisis.
In any case, what rationale has been applied, what reasoning has been applied and judgement was declared that part is called ratio decidendi .
Then there is Obiter dicta, which is personal opinion of judges, and personal coomment and this is not binding in nature.
Administrative Law
▸ Audi Alteram Partem
▸ Nemo Debet Esse Judex In Propria Sua Causa
Let's understand this with an example- suppose in an office an employee has to charge her employer for sexual harassment. so the employee goes to the internal cell in that internal cell, the employer himself cannot judge the matter. this exactly is the maxim that in one's own case, nobody can be the judge.
▸ Ex Aequo Et Bono
Wherever this word "e-q-u-o" is used "e-q-u" of the equality, then it means equity, just and wherever this word "Bono" is used it means good. so the meaning of this maxim is in equity & good conscience.
What is Just & Good
▸ Uberrima Fide
- Utmost good faith
▸ Bona Fide
- Good faith
In case of administrative law whenever someone is a judge it's his duty that he pronounce a judgement in light of equity and good conscience similarly, there is Ubberima fide & bona fide see, the meaning of fide is "faith", Bona means good.
So, Bona fide means Good faith and meaning of uberrima fide is utmost good faith
▸ Res Ipsa Locquitor
- the thing speaks for itself
▸ Ipso Facto
- by the very fact
▸ Prima Facie
-On its face
Now before discussing these 3 maxims, let's check an example- Suppose, there were only 2 persons present in a room. One was holding a gun and another was hit by a bullet there was no other person in the room. As soon as you imagine this scene, you believe that the first person must have pulled the trigger. This exact scenario has been mentioned in these 3 maxims.
First we have res ipsa loquitor which means that the thing speaks for itself. What has happened, explains itself. Then we have ipso facto, which means by the very fact and 3rd is prima facie, which means on the face of it.
So all three are almost synonymous which mean that only by the look you can understand what has actually happened.
▸ Habeas Corpus
-to present a body
Meaning of corpus is 'body' and Habeas means 'present'. So the meaning of Habeas corpus is to present a body. If some person is illegally detained then we apply this writ and say that person must be presented.
▸ Quo Warranto
- by what authority
▸ Amicus Curae
- Friend of the court
Amicus curae means Friend of the court. whenever any case has proceeded, it is not necessary that judges have complete knowledge pertaining to the case. In this situation, they appoint an Amicus CUrae meaning an independent researcher, who is not related with the case he conducts independent research for the court. in the given case.
▸ Delinquency & Doli incapax
Deli and Doli means a kid. Delinquency means such a crime which is committed by a juvenile while Doli incapax maxim means such a kid who is younger than 7 years, he cannot commit any crime. So deli and doli can be remembered with "kid".
▸ Res judicataa & Sub judice
Meaning of judicata and judice is case. res judicata means a case that has already been decided. it is done. while sub judice means that the proceeding on a case is still going on. so res judiata means a matter has been decided and subjudice means a matter is under consideration.