151 Most Important Legal Maxims And Legal Terminologies For Law Students, CLAT Aspirants And Advocates

A Legal Maxim is an established principle or proposition. Most of the Latin maxims developed in the Medieval era in European countries that used Latin as their language for law and courts.

Most lawyers love to throw around Latin phrases. The reason for this is that ancient Rome's legal system has had a strong influence on the legal systems of most western countries. After all, at one time, the Romans had conquered most of Europe, the Middle East, and North Africa. This is why lawyers today love those Latin phrases!

Again legal maxims and legal terminologies are abundantly asked in CLAT and LL.B entrance examination for almost all universities. 

Legal Aptitude section of the CLAT exam consists of questions from two segments. These are Legal Reasoning and Legal Knowledge. Legal Maxims are an integral part of the Legal Knowledge section and questions are abundantly asked from this topic in the CLAT exam. 

So, to help you all boost your exam preparation, and also to enrich your legal knowledge we are going to share some important Legal Maxims, legal terminologies and legal phrases. For your better understanding, we have also shared the meanings of these legal maxims, legal terminologies and legal phrases. Hope it will help law students, CLAT aspirants as well as advocates. 

1. Ab initio - From the beginning.

2. Alibi - At another place, elsewhere

3. Actiones legis - Law suits.

4. Actori incumbit onus probandi - The burden of proof lies on the

plaintiff.

5. Actus non facit reum nisi mens sit rea - The act does not make one guilty unless there be a criminal intent.

6. Actus reus - A guilty deed or act.

7. Audi alteram partem - No man shall be condemned unheard.

8. Ad hoc - For this purpose.

9. Ad valorem - according to value.

10. Animus possidendi - intention to possess.

11. Ante - before.

12. Annul - To cancel.

13. Assault - Striking another person.

14. Affray - Public fight which frightens other people.

15. Affidavit - He has sworn. (A written statement which is signed and sworn

before a solicitor or Notary public and which can then be used as evidence in court hearing.)

16. Adjournment sine die -  Adjournment without a day

17. Amicus curiae - A friend of the Court.

18. Arma in armatos sumere jura sinunt – The laws permit the taking up of arms against the armed.

19. Assentio mentium - The meeting of minds, i.e. mutual assent.

20. Bona fide - Sincere, in good faith.

21. Bye law -  Rules governing the internal running of a club/association.

22. Bona vacantia - Goods without an owner.

23. Cassetur billa (breve) - Let the writ be quashed.

24. Caveat emptor - Let the purchaser beware.

25. Caveat venditor - Let the seller beware.

26. Consensus ad idem - Agreement as to the same things in the same sense.

27. Contemporanea expositio est optima et fortissima in lege - A contemporaneous exposition is best and most powerful in law.

28. Contra - To the contrary.

29. Citation - Quotation of decided cases in legal arguments.

30. Confiscate - To take away private property into the possession of the state.

31. Corroborate - To prove evidence which has already been given

32. Coercion - To force someone by pressure to do an act.

33. Condicio sine qua non - A condition without which it could not be

34. Corpus - Body.

35. Corpus delicti - The body, i.e. the gist of crime.

36. Crimen omnia ex se nata vitiat - Crime vitiates everything, which springs from it.

37. Consensu - Unanimously or, by general

consent.

38. Damnum sine injuria - damage without legal injury.

29. De die in diem - From day to day.

30. De facto - In fact.

31. De futuro - In the future.

32. Detinue - Tort of wrongfully holding goods which belong to someone else.

33. Denatio mortis causa – Gift because of death. 

34. De integro - As regards the whole.

35. De jure - Rightful, by right.

36. De novo - Starting afresh.

37. Doli incapax - Incapable of crime.

38. Dictum - Statement of law made by judge in the course of the decision but not necessary to the decision itself.

39. Dominium - Ownership.

40. Delegatus non potest delegare - A delegated authority cannot be again delegated.

41. Debita sequuntur personam debitoria - Debts follow the person of the debtor.

42. Ei incumbit probatio qui dicit, non qui negat - The burden of the proof lies upon him who affirms, not he who denies.

43. Ex gratia - Out of kindness, voluntary.

44. Ejusdem generis- Of the same kind.

45. Ex parte - Proceeding brought by one person in the absence of another.

46. Estoppel - Prevented from denying.

47. Ex post facto - By reason of a subsequent act

48. Ex turpi causa non oritur actio - No action arises on an immoral contract.

49. Fraus est celare fraudem - It is a fraud to conceal a fraud.

50. Functus officio - No longer having power or jurisdiction. 

51. Generalia specialibus non derogant - Things general do not derogate from things special.

52. Habeas corpus - A writ to have the body of a person to be brought in before the judge.

53. Ignorantia facti excusat, ignorantia juris non excusat - Ignorance of fact excuses,ignorance of law does not excuse.

54. In limine - At the outset, on the threshold.

55. In promptu - In readiness.

56. In lieu of - Instead of.

57. In personam - A proceeding in which relief I sought against a specific person.

58. In pari materia - In the same matter.

59. In testamentis plenius testatoris intentionem scrutamur - In wills we seek diligently the intention of the testator.

60. Injuria non excusat injuriam - A wrong does not excuse a wrong.

61. Inter alia - Amongst other things.

62. Inter se - Amongst themselves.

63. Inter vivos - Between the living.

64. Injuria sine damno - Injury without damage.

65. Interest reipublicase ut sit finis litium - It is in the interest of the State that there be an end to litigation.

66. Interim - Temporary, in the meanwhile.

67. Ipso facto - By that very fact.

68. Innuendo - Spoken words which are defamatory because they have a double meaning

69. Judex non potest esse testis in propira causa - A judge cannot be witness in his own cause.

70. Judex non potest injuriam sibi datam punire - A judge cannon punish a wrong

done to himself.

71. Judex non reddit plus quam quod petens ipse requirit - A judge does not give more than the plaintiff himself demands.

72. Lex non oritur ex injuria - The law does not arise from a mere injury.

73. Lex loci - The law of the place.

74. Lis pendens - Suit pending.

75. Locus standi - Place of standing (The right of a party to appear and be heard before a court.

76. Mala fide - In bad faith.

77. Mens rea - Guilty state of mind.

78. Modus operandi - Manner of operation.

79. Mandamus - We command. A writ of command issued by a Higher Court to Government/Public Authority, to compel the performance of a public duty.

80. Melior testatoris in testamentis spectanda est - In wills the intention of a testator is to be regarded.

81. Nemo bis punitur pro eodem delicto - No one can be twice punished for the same offence.

82. Nemo potest esse tenens et dominus - No one can at the same time be a tenant and a landlord (of the same tenement).

83. Nemo debet esse judex in propria causa - No one can be judge in his own case.

84. Nexus - Connection

85. Nisi - Unless

86. Non compus mentis - Not of sound mind and understanding.

87. Non constat - It is not certain.

88. Non decipitur qui scit se decipi - He is not deceived who knows that he is deceived.

89. Onus probandi - Burden of proof. 

90. Obiter dicta - Things which are said in passing part of a judgement. 

91. Pari passu - On an equal footing.

92. Per curiam - In the opinion of the court.

93. Per minas - By means of menaces or threats.

94. Per quod - By reason of which.

95. Post mortem - After death.

96. Per se - By itself

97. Prima facie - On the face of it.

98. Prima impressionis - On first impression.

99. Pro hac vice - For this occasion.

100. Pro rata - In proportion.

101. Pro tanto - So far, to that extent.

102. Pro tempore - For the time being.

103. Quantum - How much, an amount.

104. Quantum meruit - As much as deserved.

105. Quasi - Like/Similar

106. Quo warranto - By what authority. A writ calling upon one to show under what authority he holds or claims a public office.

107. Qui facit per alium, facit per se - He who acts through another acts himself.

108. Qui in utero est, pro jam nato habetur, quoties de ejus commodo quaeritur - He who is in the womb is considered as already born as far as his benefit is considered.

109. Qui tacet consentire videtur - He who is silent appears to consent.

110. Quod ab initio non valet, in tractu temporis non convalescit - What is not valid in the beginning does not become valid by time.

111. Quod necessitas cogit, defendit - What necessity forces it justifies.

112. Re - In the matter of.

113. Res - Matter, affair, thing, circumstance.

114. Res gestae - Things done.

115. Res judicata - A thing adjudged is accepted for the truth

116. Res integra - A matter untouched (by

decision).

117. Ratio decidendi - Principle or reason underlying a court judgement.

118. Res ipsa loquitor - The thing speaks for itself.

119. Remission - To reduce

120. Repudiate - To refuse to accept.

121. Repeal - Doing away with law so that it is no longer 

valid.

122. Revoke - To cancel/withdraw

123. Status quo - State of things as they are now.

124. Sine die - “with no day”(indefinitely)

125. Stare decisis - To stand by decisions (precedents).

126. Sub silentio - In silence.

127. Suo moto - On its own

128. Sub judice - Under judicial consideration.

129. Sine qua non - “Without which nothing”

130. Tacit - Agreed but not stated.

131. Testate - Dying after making a will.

132. Ubi jus ibi remedium est - Where there is a right there is a remedy.

133. Ultra vires - Outside the powers.

134. Ubi non est principalis, non potest esse accessorius - Where there is no principal, there can be no accessory.

135. Vice versa - The other way around.

136. Vis major - Act of God.

137. Volenti non fit injuria - Damage suffered by consent gives no cause of action.

138. Veto - Ban or order not to allow something to become law,even if it has been passed by a parliament.

139. Vice versa - Reverse position.

140. Vide - See.

141. Verbatim - Word by word, exactly.

142. Waiver - Voluntarily giving up or removing the conditions.

143. Jus naturale - Natural justice.

144. Justitia nemini neganda est - Justice is to be denied to nobody. 

145. 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

146. Factum probans -  Relevant fact. 

147. Pacta sund servanada - Treaties are legally binding

148. Actio personalis moritur cum persona - A personal right of action dies with the person. 

149. Non- sequitur - An inconsistent statement.

150. Ubberime Fide - In utmost good faith.

151. Vox populip - Voice of the people.