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LEGAL MAXIMS WITH DEFINITION

1. Actus dei nemini facit injuriam


The law holds no man responsible for an act of god.
(e.g. Earth quake, Land Sliding, Coastal Flooding etc.)

2. Nemo tenetur seipsum accusare


Nobody should be made to accused himself / herself
(Article 20(3) for the right to remain silent.)

3. Salus populi est suprema lex


Let the safety (welfare) of the people be the supreme law.
(“Welfare of the people is the highest concern” of supreme aw)

4. Quod ab initio non valet in tractu temporis non convalescit


That which is bad from the beginning does not improve by length of time

5. Ignorantia facit excusat


Ignorance of fact be excused

6. Ignorantia juris non excusat


Ignorance of law not excused

7. Nullus commodum capere potest ex sua injuria propria


No man can take advantage of his own wrong

8. Cessante ratione legis cassat ipsa lex


When the grounds that gave rise to a law terminate to exist, the law itself
terminates to exist.

9. Acta exteriora indicant interiora secreta


External acts indicate the secret within the intent. (This maxim denotes
that people behave according to their intentions and what follows via the
actions is a natural consequence.)

10. Domus sua cuique est tutissimum refugium


'every man's house is his safest refuge'.
(In the legal context, the maxim illustrates the fact that the law recognizes
the sanctity of one's home.)

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11. Nemo est haeres viventis
No one can be an heir during the life of his ancestor
(This maxim stating that a person's heir can be ascertained only at the time
of his death, since until then his heir apparent may die or be disinherited.)
Illustration- “A” is the father of his only son “B” and through this maxim
“B” can be his legal heir but does not become complete heir till “A” dies.

12. Leges posteriors priores contrarias abrogant


Subsequent laws repeal prior conflicting ones

13. Nova constitution futuris formam imponere debet non praetertis


A new law which has been formed cannot be retrospective in nature and
neither can be applied to past instances.

14. Noscitur a sociis


The meaning of a doubtful word may be ascertained by reference to the
meaning of words associated with it

15. Expressio unis est exclusion alterius


“to express one is to exclude others; therefore mention of one or more
specific things may be taken to exclude others of the same type.”
Illustration- If a Statute refers to Lions and Tigers it only refers to Lions
and Tigers and will not include Leopards’ or any other wild animals.

16. Vigilantibus, non domientibus jura subveniunt


The law will not help those who sleep on their rights
(If an offense is alleged to be committed, legal recourse has to be taken
by the person wronged within a ‘prescribed period’ as given in the
Limitation Act. Else the complaint is liable to be dismissed.)

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