Legal Maxims for CLAT (Part I)

Afraid you can’t recall all the legal maxims you’ve been learning all this time? Here’s a post on legal maxims to help you remember them and improve your legal knowledge.

Ab initio: From the very beginning [to initiate means to start something]
Actionable per se: Actionable on its own without any proof of damage being required [per se means by itself, think of the matter being enough ‘by itself’]
Actori incumbit onus probandi: Burden of proof lies on the plaintiff [onus means duty/obligation and onus probandi together means the burden of proof]
Actus Reus: Guilty act
Actus Reus Non Facit Reum Nisi Mens Sit Rea: If an act is done without any criminal intent, it doesn’t make one guilty [ This is one of the most used legal maxims and you can remember it by remembering ” no crime without a guilty mind”
Ad hoc: For a specific purpose [For example, ad hoc committees are constituted for specific purposes]
Amicus Curae: A friend of the Court
Audi Alteram Partem: Let the other side be heard as well [This maxim basically signifies that no party is to be punished or condemned without hearing their side of the matter or without giving them an adequate opportunity to defend themselves]

Bona Fide: In good faith [When you do something in a bona fide manner, you do it without the intention to deceive]

Caveat Emptor: Let the buyer beware [Here the onus is placed on the buyer to perform due diligence]
Consensus ad idem: Meeting of minds [Think of it as overall consensus amongst all parties regarding the matter at hand]

Damnum sine injuria: Damage without injury [Here the injury refers to violation of legal right. So, even if someone has suffered some damage, without the violation of legal right, they cannot bring a suit]
De facto: In fact or in practice [Do you know who is the de facto head of India?]
De jure: By law
De minimis: Of little importance [Law doesn’t involve itself in trivial matters]
De novo: From the beginning or anew
Doli incapax: Incapable of committing a crime [Did you know that per Indian law a child under 7 years of age is incapable of committing any crime?]

Ex gratia: By grace or by favor [An ex gratia act is done voluntarily out of grace]
Ex officio: By virtue of the office
Ex parte: Without presence of one party [Can a judge make a decision without hearing both the parties?]
Ex post facto: From a thing done afterward

Ignorantia juris non exusat: Ignorance of the law is not excusable [ If this law were excused, every accused could plead ignorance of law]
Injuria sine damnum: Injury without damage [Violation of legal right even without the presence of any damage can be reason enoguh to bring suit]
In lieu of: Instead of
In personam: Affecting a specific person only
Inter alia: Amongst other things
Ipso facto: By the very fact [If say a crime has occurred, then there is ipso facto a guilty party]