English: Law, Language and

Literature

Dr. Sunitha P.
Faculty of Law
Legal English and Introduction to Law &
Literature
➢ Legal Maxims and Legal Terms
➢ Important Legal Maxims and Legal Terms
➢ Phrasal verbs used in Legal English
➢ Introduction to Law and Literature
➢ Law as Literature and Law in Literature
➢ Why Law and Literature
➢ Law as Literature: Law and Plato Apology
➢ Gandhi - A Plea for the severest penalty upon his conviction for sedition
➢ Francis Bacon : Of Judicature
➢ Justice Bandeis : Right to Privacy

Legal Maxims
• A legal maxim is a short, pithy saying that expresses a legal principle.
• Legal maxims are often used by lawyers and judges to help them interpret
and apply the law.
• They can also be helpful to people who are trying to understand the law.
• However, it is important to remember that legal maxims are not always
easy to understand, and they should not be used as a substitute for legal
advice from a qualified lawyer.
• Legal maxims and legal terms are used by lawyers, judges, and
other legal professionals to communicate legal concepts and
principles.
• They can also be used by people to understand the law and their
legal rights.
• Legal maxims are often used in legal arguments to support a
particular point of view. For example, the maxim "Expressio
Contd…
unius est exclusio alterius" can be used to argue that a particular
provision of a statute excludes other, similar provisions.

Examples of Legal Maxims:

• Salus populi suprema lex esto: The safety of the people
shall be the supreme law. This maxim means that the
government can take actions that restrict individual rights if
those actions are necessary to protect the safety of the
people. For example, the government can restrict the
 freedom of speech during a time of war if it is necessary to
prevent the spread of enemy propaganda.

● Audi alteram partem: Hear the other side. This maxim is a

principle of natural justice that requires that both sides of a
dispute be heard before a decision is made.
● Causa proxima non remota spectatur: The proximate cause
is the one that is looked to. This maxim is used to determine
Contd…
which cause in a chain of events is the one that is legally
responsible for the resulting harm.

Examples of Legal Maxims

● A fortiori: With greater force. This maxim is used to argue that if something is
true in one case, it is even more true in another case. For example, if it is illegal
to kill a person, it is even more illegal to kill a police officer.
● In pari delicto potior est conditio defendentis: In equal fault, the condition of
the defendant is better. This maxim means that if two parties are equally at fault
for a wrong, the defendant is in a better position to defend themselves. For
 example, if two people are involved in a car accident and both are driving under
the influence of alcohol, the person who is less at fault will be held less liable
for the damages.

● Expressio unius est exclusio alterius: The expression of one thing is the
exclusion of another. This means that if a statute or contract specifically
mentions one thing, it is implied that other things are not included. For example,
a statute that defines "theft" as the taking of another person's property without
their consent would not include the taking of property by force or threat of
force.
Contd…
● Nemo debet bis vexari pro una et eadem causa: No one should be twice
vexed for the same cause. This maxim means that a person cannot be tried twice
for the same crime. For example, if a person is acquitted of a crime, they cannot
be tried for that crime again, even if new evidence is discovered

Contd…
● In dubio pro reo: In doubt, for the accused. This maxim is a principle of
criminal law that requires that a defendant be acquitted if there is any
reasonable doubt about their guilt.
● Nemo judex in sua causa: No one should be a judge in their own case. This
maxim is a principle of natural justice that prohibits judges from hearing cases
in which they have a personal interest.
● Semper necessitas probandi incumbit ei qui agit: The necessity of proof
always lies with the person who asserts. This maxim is a principle of civil law
that requires the person who makes a claim to prove that claim.
Ubi jus ibi remedium: Where there is a right, there is a remedy. This maxim is a
principle of law that says that for every legal wrong, there is a legal remedy.
THANK YOU
Dr. Sunitha P.
Faculty of Law
Sunithap@pes.edu
+91 80 6666 3333 Extn 747