Legal Maxims

SESSION 1
10 MAXIMS PER SESSION
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What is legal maxim?
A legal maxim is an established principle or proposition
Most of Latin maxims developed in the Medieval era in
European countries that used Latin as their language for law
and courts
 Actionable per se – The very act is punishable
and no proof of damage is required.
Actionable per se means legally sufficient to
support a lawsuit in itself. In such actions, the
plaintiff does not have to prove that he suffered
any damages in order to have a cause of action.
Defamation per se- The false factual statement
caused harm to the targeted individual's standing Kerala High Court quashes
or reputation leading to damages or other harm. case against Malayalam
Or, the statement was so inherently defamatory, magazine breastfeeding
that the plaintiff need not prove damages cover. Doesn't find it
'obscene'
 Alibi – At another place, elsewhere.
In simplest terms, an alibi is merely
evidence that demonstrates a
defendant in a criminal case was
somewhere other than the scene of a
crime at the time that the crime
occurred.
For example, Rahul is charged with
killing Raj. Rahul offers evidence that
he was in class that day at the time of
the murder.
 Audi alteram partem – No man shall be
condemned unheard, Hear the other side
Right to notice
Right to present case and lead
evidence
Right to rebut adverse evidence
Right to reasoned decision or
speaking order
 Amicus Curiae – A friend of court or member
of the Bar who is appointed to assist the
Court.
Person or Organisation that
files legal brief with court
expressing its vides on a
case involving other parties
because it has a strong BCCI Amicus Curiae- Lodha Committee
interest in the subject Report
matter.
Assentio mentium – The meeting of
minds, i.e mutual assents.
 Bona fide – In good faith.
1. Benign: Kind or gentle disposition, neutral, harmless.
2. Benison: Blessing.
3. Benignant: Kind, desirable
4. Benefice: Paid position of a member of clergy.
5. Beneficence: Act of goodness.
6. Beneficiary: Recipient of gifts.
7. Benefit: Event organised to raise money.
8. Benefit: Profit.
9. Benevolence: Disposition to do good for others.
10. Benediction: Prayer.
11. Benedicite: Blessing, a grace said at a table.
12. Benefactor: A person who gives money or other help to a person or cause.
13. Ab officio et beneficio: Suspension from office and other benefits.
14. Beneficial: That which brings about a positive result.
15. Benedict: A bachelor who has recently married.
16. Benefactress: A woman who supports other individuals.
17. Benignity: Kindness of attitude.
18. Omni benevolence: Universal generosity.
19. Nota Bene: Take careful notice.
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.
Caveat actor – Let the doer beware.
Caveat emptor – Let the buyer
beware.
Caveat venditor -Let the seller
beware.
 Certiorari – A writ by which orders
passed by an inferior court is quashed.

Writs- for HomeWork

Habeas Corpus
Mandamus
Prohibition
Certiorari
Quo Warranto
Damnum sine injuria – Damage without
injury.
Damnum- Damage, physical, mental or otherwise
Sine-Without or in absence of
Injuria- Infringement orViolation of legal right.
Person is not entitled to get compensation for his loss because his legal
right is not violated.
◦ Examples of Damnum Sine Injuria Opening of fancy shop opposite to others fancy
shop.
◦ Case law Gloucester Grammer School Case Bradford Corporation v. Pickles Digging of
deep well. Chesmore v. Richard
◦ You appeared for CLAT 2018- you got lot of mental and physical trouble, but your
right was not violated- if you have been provided with 120 min=7200 sec
 Doli incapax – Incapable of crime
The basis of this presumption lies in the
theory of Criminal responsibility. Theory has
been built upon the theory that a person
should be held criminally responsible only for
acts he intends to commit.
In the Indian Criminal Procedure, Doli Incapax
recognizes that there is a line (age line) below
which children are not truly capable of criminal
behavior because they are incapable of the
requisite moral and cognitive process. In the
Indian Criminal procedure this line is 7 years of
age.
Practice Question: Match the Following
A. Actionable per se 1. A friend of court or member of the Bar who is appointed to
assist the Court.
B. Alibi 2. Incapable of crime
C. Audi alteram partem 3. A writ by which orders passed by an inferior court is
quashed.
D. Amicus Curiae 4. The very act is punishable and no proof of damage is
required.
E. Assentio mentium 5. 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.
F. Bona fide 6. Damage without injury.
G. Caveat 7. The meeting of minds, i.e mutual assents.

H. Certiorari 8. No man shall be condemned unheard, Hear the other side

I. Damnum sine injuria 9. In good faith.

J. Doli incapax 10. At another place, elsewhere.
Answers

A. 4.

B. 10.

C. 8.

D. 1.

E. 7.

F. 9.

G. 5.

H. 3.

I. 6.

J. 2.