ISIELT Lecture 6.

1:

Latin and French Terms:

Legal Maxims
Black’s Law Dictionary
Md Abdul Halim and Farhana Helal Mehtab, Law and
Legal Language, CCB Foundation, 47-64.
David Singleton, Language and the lexicon : an
introduction, Oxford University Press (2000)
K.J. Aiyar's Judicial Dictionary : A Complete
Law Lexicon, Law Book Company, Allahabad (2001)
Definition of Maxims and other Related Concepts
What is Maxim?
A short pithy statement of a general principle of law
developed for easy remembrance.
What is a principle of law?
The basis of a legal rule.
What is legal rule?
A command in law established by statute or judicial
decision.
What is a legal doctrine?
A legal rule or principle established by repeated
application of legal precedents.
Some Selected Maxims
Maxims
 Actus non fecit reum nisi mens sitrea
An act does not itself constitute guilt unless the mind guilty.
 Delegate protestas non potest delegare
Delegated power shall not be delegated.
 Factum valent
Thing accomplished (with fulfillment of essential conditions)
is deemed valid.
This principle applies if the condition violated is directory
in nature and not mandatory (Deivanai v. Chidambaram,
A.I.R. 1954 Mad. 657)
Example: Marriage of Hindu girl without guardian’s consent
or marriage given by mother instead of father.
Maxims
Innorautia juris non excusat
Ignorance of law is no excuse
Judicium set quasi jurisdictum
A judgment is like legal maxim
Lex loci actus
Law of the place where the act was performed
Lex retro non agit
The law does not operate retrospectively
Lex posterior derogate priori
Later law removes the earlier.
Maxims
Minor jurare non protest
A minor cannot take oath
Necessitas non habet legem
Necessity has (or knows) no law
Nemo debet bis vexari pro eadem causa
No one should be vexed twice for one and the same
cause (Principle of Res Juidcata)
Nemo debet esse judex in propria
No one can be judge in one’s own case
Nemo inauditus temptandum
No one should be punished unheard
Maxims
 Nulla poena sine lege
One penalty without a law
 Nul prendra advantage de son tort demagne
No one can benefit from his own wrong
 Pacta sunt servanda
Promise/agreement must be kept
 Res ipsa liquitar
Fact itself reveals the truth
 Res nunquam noritur
The King never dies
 Volenti non fit injuria
Consent vitiates a claim for injury
 Thank you