An act does not make a person guilty unless the mind is also guilty
The foundation of criminal liability: a crime ordinarily needs both a guilty act (actus reus) and a guilty mind (mens rea). Strict liability offences, such as many regulatory offences, are the exception.
Quick check: What does the maxim "Actus non facit reum nisi mens sit rea" mean?
An act does not make a person guilty unless the mind is also guilty
The body of the crime
Before one who is not a judge
Legal injury without damage
Answer: A.
Actus reus
The guilty act
The physical element of a crime: the conduct, circumstances and consequences that the law forbids.
Quick check: What does the maxim "Actus reus" mean?
Having performed the office
The guilty act
The thing speaks for itself
A dying person is not presumed to lie
Answer: B.
Mens rea
The guilty mind
The mental element of a crime, such as intention, knowledge, recklessness or negligence. In the IPC and BNS it appears in words like "intentionally", "knowingly", "dishonestly" and "fraudulently".
Quick check: What does the maxim "Mens rea" mean?
The guilty mind
False in one thing, false in everything
He who acts through another acts himself
To stand by things decided
Answer: A.
Nullum crimen sine lege, nulla poena sine lege
No crime and no punishment without a pre-existing law
A person cannot be punished for an act that was not an offence when it was done, or given a heavier penalty than the law then allowed. It is embodied in Article 20(1).
Quick check: What does the maxim "Nullum crimen sine lege, nulla poena sine lege" mean?
The burden of proof lies on the one who asserts, not on the one who denies
The reason for the decision
Let the master answer
No crime and no punishment without a pre-existing law
Answer: D.
Nemo debet bis vexari pro una et eadem causa
No one should be troubled twice for the same cause
The rule against double jeopardy: no one can be prosecuted and punished twice for the same offence. It is embodied in Article 20(2) and in the pleas of autrefois acquit and autrefois convict.
Quick check: What does the maxim "Nemo debet bis vexari pro una et eadem causa" mean?
No one should be troubled twice for the same cause
A remark by the way
A new intervening act
The burden of proof lies on the plaintiff
Answer: A.
Nemo tenetur se ipsum accusare
No one is bound to accuse himself
The privilege against self-incrimination, embodied in Article 20(3): no person accused of an offence can be compelled to be a witness against himself.
Quick check: What does the maxim "Nemo tenetur se ipsum accusare" mean?
Through lack of care
A personal action dies with the person
No one is punished for another's wrong
No one is bound to accuse himself
Answer: D.
Doli incapax
Incapable of crime
A child below a certain age is presumed incapable of committing a crime. In India nothing is an offence if done by a child under seven (BNS Section 20), and a child between seven and twelve is protected if not mature enough to understand the act.
Quick check: What does the maxim "Doli incapax" mean?
An act done by me against my will is not my act
Under silence
Superior force
Incapable of crime
Answer: D.
Corpus delicti
The body of the crime
The facts showing that a crime has been committed. A conviction for murder is possible even if the body is never found, if the other evidence proves death beyond reasonable doubt.
Quick check: What does the maxim "Corpus delicti" mean?
Elsewhere
The body of the crime
On its own motion
Restoration to the original condition
Answer: B.
Nemo moriturus praesumitur mentiri
A dying person is not presumed to lie
The basis for admitting dying declarations as evidence without cross-examination (formerly Section 32(1) of the Evidence Act, now Section 26 of the BSA).
Quick check: What does the maxim "Nemo moriturus praesumitur mentiri" mean?
To be unwilling to prosecute
A dying person is not presumed to lie
A friend of the court
Use your own property so as not to harm another's
Answer: B.
Falsus in uno, falsus in omnibus
False in one thing, false in everything
The idea that a witness who lies about one thing should be disbelieved entirely. The Supreme Court has held that this maxim does not apply in India; courts must separate the grain from the chaff (Gangadhar Behera v. State of Orissa, 2002).
Quick check: What does the maxim "Falsus in uno, falsus in omnibus" mean?
Of a wild nature
False in one thing, false in everything
Hear the other side
On behalf of one side
Answer: B.
Ei incumbit probatio qui dicit, non qui negat
The burden of proof lies on the one who asserts, not on the one who denies
The general rule that the person who alleges a fact must prove it, reflected in the burden of proof provisions of the evidence law.
Quick check: What does the maxim "Ei incumbit probatio qui dicit, non qui negat" mean?
No one should be a judge in their own cause
The burden of proof lies on the one who asserts, not on the one who denies
In chambers
Agreements must be kept
Answer: B.
Actori incumbit onus probandi
The burden of proof lies on the plaintiff
The party who brings a claim must prove it.
Quick check: What does the maxim "Actori incumbit onus probandi" mean?
A place to stand
A matter adjudged is accepted as the truth
Things standing thus
The burden of proof lies on the plaintiff
Answer: D.
Nemo punitur pro alieno delicto
No one is punished for another's wrong
Criminal liability is personal; vicarious criminal liability exists only where a statute expressly provides for it, as with some offences by companies.
Quick check: What does the maxim "Nemo punitur pro alieno delicto" mean?
Without a day
A matter under judicial consideration
No one is punished for another's wrong
Agreement on the same thing in the same sense
Answer: C.
Actus me invito factus non est meus actus
An act done by me against my will is not my act
The basis of the defence of compulsion or duress.
Quick check: What does the maxim "Actus me invito factus non est meus actus" mean?
No action arises from a bare promise
Now for then
An act done by me against my will is not my act
It is in the interest of the State that there be an end to litigation
Answer: C.
Alibi
Elsewhere
A plea that the accused was somewhere else when the offence was committed, and so could not have committed it. The burden of proving an alibi lies on the accused.
Quick check: What does the maxim "Alibi" mean?
Elsewhere
Because he fears
No action arises from a base cause
An act of the court shall prejudice no one
Answer: A.
Nolle prosequi
To be unwilling to prosecute
A formal decision by the prosecution to discontinue a case; in India, the public prosecutor may withdraw from prosecution with the court's consent (formerly Section 321 CrPC).
Quick check: What does the maxim "Nolle prosequi" mean?
The law does not compel the impossible
Where both are equally at fault, the defendant's position is stronger
Where there is a right, there is a remedy
To be unwilling to prosecute
Answer: D.
Audi alteram partem
Hear the other side
A pillar of natural justice: no one should be condemned unheard. Every person affected by a decision must be given notice and a fair opportunity to present their case (see Maneka Gandhi, 1978).
Quick check: What does the maxim "Audi alteram partem" mean?
Hear the other side
As much as he has earned
To a willing person, no injury is done
Before one who is not a judge
Answer: A.
Nemo judex in causa sua
No one should be a judge in their own cause
The rule against bias, the second pillar of natural justice: a decision-maker must not have a personal interest in the matter.
Quick check: What does the maxim "Nemo judex in causa sua" mean?
Something for something
Damage without legal injury
Having performed the office
No one should be a judge in their own cause
Answer: D.
Res judicata pro veritate accipitur
A matter adjudged is accepted as the truth
A matter finally decided by a competent court cannot be litigated again between the same parties. It is codified in Section 11 of the Code of Civil Procedure.
Quick check: What does the maxim "Res judicata pro veritate accipitur" mean?
Legal injury without damage
Let the buyer beware
To stand by things decided
A matter adjudged is accepted as the truth
Answer: D.
Res sub judice
A matter under judicial consideration
A court should not try a suit whose matter in issue is directly and substantially in issue in a previously instituted suit between the same parties (Section 10 CPC). Comments that prejudice pending cases can be contempt.
Quick check: What does the maxim "Res sub judice" mean?
The reason for the decision
The thing speaks for itself
A matter under judicial consideration
Let the seller beware
Answer: C.
Interest reipublicae ut sit finis litium
It is in the interest of the State that there be an end to litigation
The policy behind res judicata and limitation periods.
Quick check: What does the maxim "Interest reipublicae ut sit finis litium" mean?
It is in the interest of the State that there be an end to litigation
No one gives what he does not have
A remark by the way
He who acts through another acts himself
Answer: A.
Actus curiae neminem gravabit
An act of the court shall prejudice no one
A party should not suffer because of the court's own delay or mistake.
Quick check: What does the maxim "Actus curiae neminem gravabit" mean?
An act of the court shall prejudice no one
Through lack of care
Let the master answer
He who is earlier in time is stronger in right
Answer: A.
Lex non cogit ad impossibilia
The law does not compel the impossible
No one is bound to do what is impossible; the law excuses non-performance in such cases.
Quick check: What does the maxim "Lex non cogit ad impossibilia" mean?
Under silence
A pending suit
A new intervening act
The law does not compel the impossible
Answer: D.
Coram non judice
Before one who is not a judge
Proceedings before a court that lacks jurisdiction are a nullity.
Quick check: What does the maxim "Coram non judice" mean?
On its own motion
Before one who is not a judge
As near as possible
A personal action dies with the person
Answer: B.
Functus officio
Having performed the office
Once a court or authority has given its final decision, it has no power to reopen it, except as the law allows.
Quick check: What does the maxim "Functus officio" mean?
Having performed the office
He who enjoys the benefit must also bear the burden
A friend of the court
Superior force
Answer: A.
Stare decisis
To stand by things decided
The doctrine of precedent: courts follow earlier decisions on the same point. In India, the Supreme Court's law binds all courts (Article 141).
Quick check: What does the maxim "Stare decisis" mean?
The intention to possess
On behalf of one side
To stand by things decided
Restoration to the original condition
Answer: C.
Ratio decidendi
The reason for the decision
The legal principle on which a case is decided; it is the part of a judgment that binds later courts.
Quick check: What does the maxim "Ratio decidendi" mean?
The reason for the decision
Things outside commerce
Use your own property so as not to harm another's
In chambers
Answer: A.
Obiter dictum
A remark by the way
A statement in a judgment that is not necessary to the decision. It is not binding, though an obiter dictum of the Supreme Court carries great weight.
Quick check: What does the maxim "Obiter dictum" mean?
Of a wild nature
A place to stand
Of the same kind
A remark by the way
Answer: D.
Per incuriam
Through lack of care
A decision given in ignorance of a binding statute or precedent; it is not binding as precedent.
Quick check: What does the maxim "Per incuriam" mean?
A word is known by its associates
Through lack of care
Without a day
Agreements must be kept
Answer: B.
Sub silentio
Under silence
A point not argued or considered in a case, even if decided implicitly; such a decision is not a binding precedent on that point.
Quick check: What does the maxim "Sub silentio" mean?
Under silence
Things standing thus
Now for then
The express mention of one thing excludes others
Answer: A.
Suo motu
On its own motion
Action taken by a court or authority on its own initiative, without a formal petition.
Quick check: What does the maxim "Suo motu" mean?
Because he fears
On its own motion
Agreement on the same thing in the same sense
General provisions do not override special ones
Answer: B.
Amicus curiae
A friend of the court
A lawyer or expert who assists the court, often on appointment, without representing a party.
Quick check: What does the maxim "Amicus curiae" mean?
A friend of the court
Where there is a right, there is a remedy
No action arises from a bare promise
Later laws repeal earlier contrary laws
Answer: A.
Ex parte
On behalf of one side
A proceeding or order made in the absence of the other party.
Quick check: What does the maxim "Ex parte" mean?
On behalf of one side
To a willing person, no injury is done
No action arises from a base cause
It is better for a thing to have effect than to be made void
Answer: A.
In camera
In chambers
A hearing held in private, closed to the public, as in rape trials.
Quick check: What does the maxim "In camera" mean?
A case omitted
Damage without legal injury
In chambers
Where both are equally at fault, the defendant's position is stronger
Answer: C.
Locus standi
A place to stand
The right to bring a case before a court. Public interest litigation relaxed the traditional rule, allowing public-spirited persons to sue for others.
Quick check: What does the maxim "Locus standi" mean?
A contemporaneous exposition is the best and strongest in law
A place to stand
As much as he has earned
Legal injury without damage
Answer: B.
Sine die
Without a day
Adjourned indefinitely, without fixing a date to resume.
Quick check: What does the maxim "Sine die" mean?
Something for something
When the reason for a law ceases, the law itself ceases
Without a day
The thing speaks for itself
Answer: C.
Nunc pro tunc
Now for then
An order that takes effect from an earlier date, to correct an earlier omission.
Quick check: What does the maxim "Nunc pro tunc" mean?
Now for then
Let the buyer beware
A delegate cannot delegate
He who acts through another acts himself
Answer: A.
Quia timet
Because he fears
An action for an injunction to prevent a wrong that is threatened but has not yet occurred.
Quick check: What does the maxim "Quia timet" mean?
Because he fears
Beyond the powers
Let the master answer
Let the seller beware
Answer: A.
Ubi jus ibi remedium
Where there is a right, there is a remedy
The law provides a remedy for every violation of a legal right, as held in Ashby v. White (1703).
Quick check: What does the maxim "Ubi jus ibi remedium" mean?
No one gives what he does not have
A new intervening act
The welfare of the people shall be the supreme law
Where there is a right, there is a remedy
Answer: D.
Volenti non fit injuria
To a willing person, no injury is done
A person who freely consents to a risk cannot sue for harm resulting from it, such as a spectator hit by a ball at a cricket match. It is a defence in tort.
Quick check: What does the maxim "Volenti non fit injuria" mean?
A personal action dies with the person
Let justice be done though the heavens fall
To a willing person, no injury is done
He who is earlier in time is stronger in right
Answer: C.
Damnum sine injuria
Damage without legal injury
Actual loss caused without violating a legal right is not actionable, as in the Gloucester Grammar School case (1410), where a rival school took away pupils.
Quick check: What does the maxim "Damnum sine injuria" mean?
A pending suit
The King can do no wrong
Superior force
Damage without legal injury
Answer: D.
Injuria sine damno
Legal injury without damage
Violation of a legal right is actionable even if no actual loss results, as in Ashby v. White (1703).
Quick check: What does the maxim "Injuria sine damno" mean?
Legal injury without damage
Restoration to the original condition
No one is above the law
As near as possible
Answer: A.
Res ipsa loquitur
The thing speaks for itself
In negligence, the accident itself may raise an inference of negligence where the thing was under the defendant's control and such accidents do not ordinarily happen without negligence — for example, a surgical instrument left inside a patient.
Quick check: What does the maxim "Res ipsa loquitur" mean?
Use your own property so as not to harm another's
The thing speaks for itself
The law is harsh, but it is the law
He who enjoys the benefit must also bear the burden
Answer: B.
Qui facit per alium facit per se
He who acts through another acts himself
The basis of vicarious liability and agency: a principal is liable for acts done through an agent.
Quick check: What does the maxim "Qui facit per alium facit per se" mean?
He who acts through another acts himself
Ignorance of the law is no excuse
Of a wild nature
The intention to possess
Answer: A.
Respondeat superior
Let the master answer
An employer is liable for the wrongs of employees committed in the course of employment.
Quick check: What does the maxim "Respondeat superior" mean?
Things outside commerce
Ignorance of fact is an excuse
Agreements must be kept
Let the master answer
Answer: D.
Novus actus interveniens
A new intervening act
An independent act by a third party that breaks the chain of causation and relieves the original wrongdoer of liability.
Quick check: What does the maxim "Novus actus interveniens" mean?
Things standing thus
The law helps the vigilant, not those who sleep on their rights
Of the same kind
A new intervening act
Answer: D.
Actio personalis moritur cum persona
A personal action dies with the person
Certain causes of action, such as defamation, end with the death of the claimant or wrongdoer; statutes have narrowed the rule.
Quick check: What does the maxim "Actio personalis moritur cum persona" mean?
Agreement on the same thing in the same sense
Parent of the nation
A personal action dies with the person
A word is known by its associates
Answer: C.
Vis major
Superior force
An irresistible natural or human force (such as an act of God or war) that excuses liability.
Quick check: What does the maxim "Vis major" mean?
The express mention of one thing excludes others
No action arises from a bare promise
After the fact
Superior force
Answer: D.
Restitutio in integrum
Restoration to the original condition
The aim of damages: to put the injured party, as far as money can, in the position they would have been in without the wrong.
Quick check: What does the maxim "Restitutio in integrum" mean?
No action arises from a base cause
General provisions do not override special ones
Restoration to the original condition
Where there is society, there is law
Answer: C.
Sic utere tuo ut alienum non laedas
Use your own property so as not to harm another's
The principle underlying the law of nuisance and the rule in Rylands v. Fletcher.
Quick check: What does the maxim "Sic utere tuo ut alienum non laedas" mean?
Use your own property so as not to harm another's
Where both are equally at fault, the defendant's position is stronger
Later laws repeal earlier contrary laws
He who is silent is taken to consent
Answer: A.
Ferae naturae
Of a wild nature
Animals that are wild by nature; their keeper is strictly liable for harm they cause. Domestic animals are mansuetae naturae.
Quick check: What does the maxim "Ferae naturae" mean?
It is better for a thing to have effect than to be made void
From the beginning
As much as he has earned
Of a wild nature
Answer: D.
Pacta sunt servanda
Agreements must be kept
Contracts, and in international law treaties, must be performed in good faith (Article 26 of the Vienna Convention on the Law of Treaties).
Quick check: What does the maxim "Pacta sunt servanda" mean?
In good faith
Something for something
A case omitted
Agreements must be kept
Answer: D.
Rebus sic stantibus
Things standing thus
A treaty or contract may cease to bind if circumstances change fundamentally; in contract law the equivalent idea is frustration.
Quick check: What does the maxim "Rebus sic stantibus" mean?
Things standing thus
In fact, and in law
Let the buyer beware
A contemporaneous exposition is the best and strongest in law
Answer: A.
Consensus ad idem
Agreement on the same thing in the same sense
A meeting of minds, essential to a valid contract (Section 13 of the Contract Act).
Quick check: What does the maxim "Consensus ad idem" mean?
When the reason for a law ceases, the law itself ceases
Let the seller beware
Agreement on the same thing in the same sense
At first sight
Answer: C.
Ex nudo pacto non oritur actio
No action arises from a bare promise
A promise without consideration (a nudum pactum) is not enforceable, subject to exceptions in Section 25 of the Contract Act.
Quick check: What does the maxim "Ex nudo pacto non oritur actio" mean?
No one gives what he does not have
Among other things
A delegate cannot delegate
No action arises from a bare promise
Answer: D.
Ex turpi causa non oritur actio
No action arises from a base cause
A court will not help a party whose claim rests on an illegal or immoral act.
Quick check: What does the maxim "Ex turpi causa non oritur actio" mean?
He who is earlier in time is stronger in right
No action arises from a base cause
For the public good
Beyond the powers
Answer: B.
In pari delicto potior est conditio defendentis
Where both are equally at fault, the defendant's position is stronger
Where both parties to an illegal contract are equally guilty, the court leaves the loss where it lies.
Quick check: What does the maxim "In pari delicto potior est conditio defendentis" mean?
Where both are equally at fault, the defendant's position is stronger
The welfare of the people shall be the supreme law
A pending suit
With the necessary changes
Answer: A.
Quantum meruit
As much as he has earned
Reasonable payment for work done when a contract is discharged or incomplete, or where no price was fixed.
Quick check: What does the maxim "Quantum meruit" mean?
Let justice be done though the heavens fall
As near as possible
With equal step
As much as he has earned
Answer: D.
Quid pro quo
Something for something
An exchange of value; consideration in a contract.
Quick check: What does the maxim "Quid pro quo" mean?
Without which, not
He who enjoys the benefit must also bear the burden
The King can do no wrong
Something for something
Answer: D.
Caveat emptor
Let the buyer beware
The buyer must examine goods before purchase; the seller is not generally liable for defects the buyer could have discovered, subject to exceptions in the Sale of Goods Act 1930 and consumer protection law.
Quick check: What does the maxim "Caveat emptor" mean?
No one is above the law
Let the buyer beware
The state in which things were before
The intention to possess
Answer: B.
Caveat venditor
Let the seller beware
The seller is responsible for defects not disclosed to the buyer, a principle that modern consumer protection law has strengthened.
Quick check: What does the maxim "Caveat venditor" mean?
Let the seller beware
The law is harsh, but it is the law
Things outside commerce
By the fact itself
Answer: A.
Nemo dat quod non habet
No one gives what he does not have
A person cannot pass a better title to goods than he himself has (Section 27 of the Sale of Goods Act), subject to exceptions such as sale by a mercantile agent.
Quick check: What does the maxim "Nemo dat quod non habet" mean?
No one gives what he does not have
Of its own kind
Ignorance of the law is no excuse
Of the same kind
Answer: A.
Qui prior est tempore potior est jure
He who is earlier in time is stronger in right
Among competing interests, the earlier one prevails (reflected in Section 48 of the Transfer of Property Act).
Quick check: What does the maxim "Qui prior est tempore potior est jure" mean?
A word is known by its associates
He who is earlier in time is stronger in right
Ignorance of fact is an excuse
Of one's own right
Answer: B.
Lis pendens
A pending suit
Property involved in a pending suit cannot be transferred so as to affect the rights of a party to the suit (Section 52 of the Transfer of Property Act).
Quick check: What does the maxim "Lis pendens" mean?
In proportion
A pending suit
The law helps the vigilant, not those who sleep on their rights
The express mention of one thing excludes others
Answer: B.
Cy-près
As near as possible
When a charitable purpose becomes impossible, the court applies the trust property to a purpose as close as possible to the original.
Quick check: What does the maxim "Cy-près" mean?
At the threshold
Parent of the nation
As near as possible
General provisions do not override special ones
Answer: C.
Qui sentit commodum sentire debet et onus
He who enjoys the benefit must also bear the burden
A person who takes the benefit of a transaction must accept its burdens.
Quick check: What does the maxim "Qui sentit commodum sentire debet et onus" mean?
Later laws repeal earlier contrary laws
He who enjoys the benefit must also bear the burden
After the fact
For this purpose
Answer: B.
Animus possidendi
The intention to possess
Possession in law needs both physical control (corpus possessionis) and the intention to possess.
Quick check: What does the maxim "Animus possidendi" mean?
It is better for a thing to have effect than to be made void
In the meantime
The intention to possess
Where there is society, there is law
Answer: C.
Res extra commercium
Things outside commerce
Things that cannot be traded in because the State prohibits it, such as liquor in some cases; courts have used the doctrine to deny a fundamental right to trade in them.
Quick check: What does the maxim "Res extra commercium" mean?
A case omitted
He who is silent is taken to consent
Afresh
Things outside commerce
Answer: D.
Ejusdem generis
Of the same kind
Where general words follow a list of specific things, the general words are read as limited to things of the same kind.
Quick check: What does the maxim "Ejusdem generis" mean?
Of the same kind
A contemporaneous exposition is the best and strongest in law
Compelling law
From the beginning
Answer: A.
Noscitur a sociis
A word is known by its associates
The meaning of a doubtful word can be gathered from the words around it.
Quick check: What does the maxim "Noscitur a sociis" mean?
In good faith
When the reason for a law ceases, the law itself ceases
A word is known by its associates
Towards all
Answer: C.
Expressio unius est exclusio alterius
The express mention of one thing excludes others
When a statute specifically mentions some things, others of the same class are presumed excluded.
Quick check: What does the maxim "Expressio unius est exclusio alterius" mean?
In fact, and in law
The express mention of one thing excludes others
A delegate cannot delegate
An opinion of law or necessity
Answer: B.
Generalia specialibus non derogant
General provisions do not override special ones
Where a general and a special provision conflict, the special one prevails.
Quick check: What does the maxim "Generalia specialibus non derogant" mean?
Beyond the powers
At first sight
General provisions do not override special ones
Land belonging to no one
Answer: C.
Leges posteriores priores contrarias abrogant
Later laws repeal earlier contrary laws
In a conflict between two laws of the same legislature, the later law prevails.
Quick check: What does the maxim "Leges posteriores priores contrarias abrogant" mean?
Later laws repeal earlier contrary laws
As you possess, so you may possess
Among other things
The welfare of the people shall be the supreme law
Answer: A.
Ut res magis valeat quam pereat
It is better for a thing to have effect than to be made void
Courts prefer an interpretation that makes a statute or document work rather than one that makes it meaningless.
Quick check: What does the maxim "Ut res magis valeat quam pereat" mean?
For the public good
Enemy of all mankind
It is better for a thing to have effect than to be made void
Let justice be done though the heavens fall
Answer: C.
Casus omissus
A case omitted
A situation not provided for by a statute; courts generally will not fill such gaps, which is for the legislature.
Quick check: What does the maxim "Casus omissus" mean?
The free sea
The King can do no wrong
A case omitted
With the necessary changes
Answer: C.
Contemporanea expositio est optima et fortissima in lege
A contemporaneous exposition is the best and strongest in law
The way a statute was understood at the time of its enactment is a strong guide to its meaning.
Quick check: What does the maxim "Contemporanea expositio est optima et fortissima in lege" mean?
Equitable relief requires honest conduct by the claimant
No one is above the law
A contemporaneous exposition is the best and strongest in law
With equal step
Answer: C.
Cessante ratione legis cessat ipsa lex
When the reason for a law ceases, the law itself ceases
A rule should not be applied where the reason for it no longer exists.
Quick check: What does the maxim "Cessante ratione legis cessat ipsa lex" mean?
When the reason for a law ceases, the law itself ceases
The law is harsh, but it is the law
Without which, not
A claimant seeking equitable relief must act fairly towards the other side
Answer: A.
Delegatus non potest delegare
A delegate cannot delegate
An authority to whom power is delegated cannot delegate it further unless expressly permitted.
Quick check: What does the maxim "Delegatus non potest delegare" mean?
The state in which things were before
Unreasonable delay bars equitable relief
Ignorance of the law is no excuse
A delegate cannot delegate
Answer: D.
Ultra vires
Beyond the powers
An act beyond the legal powers of the body doing it is void. The opposite is intra vires.
Quick check: What does the maxim "Ultra vires" mean?
Beyond the powers
By the fact itself
Ignorance of fact is an excuse
Equity does not override legal rules without reason
Answer: A.
Salus populi suprema lex esto
The welfare of the people shall be the supreme law
Cicero's maxim, often invoked to justify the State's police powers.
Quick check: What does the maxim "Salus populi suprema lex esto" mean?
The welfare of the people shall be the supreme law
Of its own kind
The law helps the vigilant, not those who sleep on their rights
Where there is no reason to prefer anyone, equal division is fair
Answer: A.
Fiat justitia ruat caelum
Let justice be done though the heavens fall
Justice must be done whatever the consequences; the maxim was famously invoked by Lord Mansfield.
Quick check: What does the maxim "Fiat justitia ruat caelum" mean?
Of one's own right
Parent of the nation
Equity operates on the conscience of the person
Let justice be done though the heavens fall
Answer: D.
Rex non potest peccare
The King can do no wrong
The old English doctrine of sovereign immunity. Indian law has largely moved away from it, especially for violations of fundamental rights.
Quick check: What does the maxim "Rex non potest peccare" mean?
After the fact
In proportion
The King can do no wrong
An act does not make a person guilty unless the mind is also guilty
Answer: C.
Nemo est supra leges
No one is above the law
The essence of the rule of law: every person, however high, is subject to the ordinary law and the ordinary courts.
Quick check: What does the maxim "Nemo est supra leges" mean?
The guilty act
Where there is society, there is law
At the threshold
No one is above the law
Answer: D.
Dura lex sed lex
The law is harsh, but it is the law
A law must be applied even if it is harsh; relief from harshness is for the legislature.
Quick check: What does the maxim "Dura lex sed lex" mean?
For this purpose
He who is silent is taken to consent
The guilty mind
The law is harsh, but it is the law
Answer: D.
Ignorantia juris non excusat
Ignorance of the law is no excuse
A person cannot escape liability by claiming not to know the law. Mistake of fact, however, can be a defence (ignorantia facti excusat), as in BNS Sections 14 and 17.
Quick check: What does the maxim "Ignorantia juris non excusat" mean?
No crime and no punishment without a pre-existing law
Ignorance of the law is no excuse
From the beginning
In the meantime
Answer: B.
Ignorantia facti excusat
Ignorance of fact is an excuse
An honest mistake of fact, made in good faith, may be a defence.
Quick check: What does the maxim "Ignorantia facti excusat" mean?
Ignorance of fact is an excuse
In good faith
No one should be troubled twice for the same cause
Afresh
Answer: A.
Vigilantibus non dormientibus jura subveniunt
The law helps the vigilant, not those who sleep on their rights
The basis of the law of limitation and of the doctrine of laches.
Quick check: What does the maxim "Vigilantibus non dormientibus jura subveniunt" mean?
Compelling law
In fact, and in law
No one is bound to accuse himself
The law helps the vigilant, not those who sleep on their rights
Answer: D.
Parens patriae
Parent of the nation
The State's power and duty to protect those who cannot protect themselves, such as children and persons with mental illness. It was relied on in the Bhopal litigation and in Aruna Shanbaug (2011).
Quick check: What does the maxim "Parens patriae" mean?
At first sight
Incapable of crime
Parent of the nation
Towards all
Answer: C.
Ex post facto
After the fact
A law that applies retrospectively. Ex post facto criminal laws are barred by Article 20(1), but retrospective civil and tax laws are generally allowed.
Quick check: What does the maxim "Ex post facto" mean?
The body of the crime
Among other things
An opinion of law or necessity
After the fact
Answer: D.
Ubi societas ibi jus
Where there is society, there is law
Law is a necessary part of any organised society.
Quick check: What does the maxim "Ubi societas ibi jus" mean?
Where there is society, there is law
Land belonging to no one
For the public good
A dying person is not presumed to lie
Answer: A.
Qui tacet consentire videtur
He who is silent is taken to consent
Silence may, in some circumstances, be treated as consent, though in contract law silence is generally not acceptance.
Quick check: What does the maxim "Qui tacet consentire videtur" mean?
With the necessary changes
As you possess, so you may possess
He who is silent is taken to consent
False in one thing, false in everything
Answer: C.
Ab initio
From the beginning
A contract void ab initio was never valid at all, like a minor's agreement (Mohori Bibee, 1903).
Quick check: What does the maxim "Ab initio" mean?
Enemy of all mankind
The burden of proof lies on the one who asserts, not on the one who denies
With equal step
From the beginning
Answer: D.
Bona fide
In good faith
Honestly and without fraud. Its opposite is mala fide, in bad faith.
Quick check: What does the maxim "Bona fide" mean?
The free sea
In good faith
The burden of proof lies on the plaintiff
Without which, not
Answer: B.
De facto and de jure
In fact, and in law
De facto describes what exists in fact; de jure what exists by legal right.
Quick check: What does the maxim "De facto and de jure" mean?
The state in which things were before
No one is punished for another's wrong
Equitable relief requires honest conduct by the claimant
In fact, and in law
Answer: D.
Prima facie
At first sight
Evidence or a case sufficient on its face, unless rebutted.
Quick check: What does the maxim "Prima facie" mean?
At first sight
A claimant seeking equitable relief must act fairly towards the other side
An act done by me against my will is not my act
By the fact itself
Answer: A.
Inter alia
Among other things
Used to show that what is mentioned is part of a longer list.
Quick check: What does the maxim "Inter alia" mean?
Of its own kind
Unreasonable delay bars equitable relief
Elsewhere
Among other things
Answer: D.
Pro bono publico
For the public good
Legal work done free of charge for those who cannot afford it, or in the public interest.
Quick check: What does the maxim "Pro bono publico" mean?
Equity does not override legal rules without reason
Of one's own right
To be unwilling to prosecute
For the public good
Answer: D.
Mutatis mutandis
With the necessary changes
Applying a provision to a new situation with such changes as are needed.
Quick check: What does the maxim "Mutatis mutandis" mean?
In proportion
Where there is no reason to prefer anyone, equal division is fair
With the necessary changes
Hear the other side
Answer: C.
Pari passu
With equal step
Equally and without preference, as when creditors are paid in proportion.
Quick check: What does the maxim "Pari passu" mean?
At the threshold
No one should be a judge in their own cause
With equal step
Equity operates on the conscience of the person
Answer: C.
Sine qua non
Without which, not
An essential condition, something without which a thing cannot exist or happen.
Quick check: What does the maxim "Sine qua non" mean?
Without which, not
For this purpose
An act does not make a person guilty unless the mind is also guilty
A matter adjudged is accepted as the truth
Answer: A.
Status quo ante
The state in which things were before
An order to maintain the status quo keeps things as they are pending a decision.
Quick check: What does the maxim "Status quo ante" mean?
The state in which things were before
A matter under judicial consideration
In the meantime
The guilty act
Answer: A.
Ipso facto
By the fact itself
As a direct consequence of the act or fact.
Quick check: What does the maxim "Ipso facto" mean?
It is in the interest of the State that there be an end to litigation
Afresh
The guilty mind
By the fact itself
Answer: D.
Sui generis
Of its own kind
Unique; belonging to a class of its own.
Quick check: What does the maxim "Sui generis" mean?
Compelling law
An act of the court shall prejudice no one
No crime and no punishment without a pre-existing law
Of its own kind
Answer: D.
Sui juris
Of one's own right
Having full legal capacity, such as an adult of sound mind.
Quick check: What does the maxim "Sui juris" mean?
No one should be troubled twice for the same cause
Towards all
The law does not compel the impossible
Of one's own right
Answer: D.
Pro rata
In proportion
Divided in proportion to each person's share.
Quick check: What does the maxim "Pro rata" mean?
No one is bound to accuse himself
An opinion of law or necessity
In proportion
Before one who is not a judge
Answer: C.
In limine
At the threshold
A petition dismissed in limine is rejected at the admission stage, without a full hearing.
Quick check: What does the maxim "In limine" mean?
Having performed the office
Land belonging to no one
Incapable of crime
At the threshold
Answer: D.
Ad hoc
For this purpose
Made for a particular purpose, such as an ad hoc judge appointed under Article 127 or 224A.
Quick check: What does the maxim "Ad hoc" mean?
The body of the crime
For this purpose
To stand by things decided
As you possess, so you may possess
Answer: B.
Ad interim
In the meantime
Temporary relief granted until a further order.
Quick check: What does the maxim "Ad interim" mean?
A dying person is not presumed to lie
Enemy of all mankind
In the meantime
The reason for the decision
Answer: C.
De novo
Afresh
A trial or hearing conducted anew, as if for the first time.
Quick check: What does the maxim "De novo" mean?
A remark by the way
The free sea
Afresh
False in one thing, false in everything
Answer: C.
Jus cogens
Compelling law
Peremptory norms of international law from which no derogation is permitted, such as the prohibitions of genocide, slavery and torture (Article 53 of the Vienna Convention on the Law of Treaties).
Quick check: What does the maxim "Jus cogens" mean?
Equitable relief requires honest conduct by the claimant
The burden of proof lies on the one who asserts, not on the one who denies
Through lack of care
Compelling law
Answer: D.
Erga omnes
Towards all
Obligations owed to the international community as a whole, recognised in Barcelona Traction (1970).
Quick check: What does the maxim "Erga omnes" mean?
The burden of proof lies on the plaintiff
Under silence
Towards all
A claimant seeking equitable relief must act fairly towards the other side
Answer: C.
Opinio juris sive necessitatis
An opinion of law or necessity
The belief that a practice is legally required; together with state practice, it creates customary international law.
Quick check: What does the maxim "Opinio juris sive necessitatis" mean?
No one is punished for another's wrong
An opinion of law or necessity
On its own motion
Unreasonable delay bars equitable relief
Answer: B.
Terra nullius
Land belonging to no one
Territory not under any state's sovereignty; the doctrine was rejected for Australia in Mabo (1992).
Quick check: What does the maxim "Terra nullius" mean?
A friend of the court
Equity does not override legal rules without reason
An act done by me against my will is not my act
Land belonging to no one
Answer: D.
Uti possidetis juris
As you possess, so you may possess
New states inherit the administrative boundaries they had at independence.
Quick check: What does the maxim "Uti possidetis juris" mean?
On behalf of one side
Where there is no reason to prefer anyone, equal division is fair
As you possess, so you may possess
Elsewhere
Answer: C.
Hostis humani generis
Enemy of all mankind
A term historically applied to pirates, over whom every state has jurisdiction — the origin of universal jurisdiction.
Quick check: What does the maxim "Hostis humani generis" mean?
To be unwilling to prosecute
Equity operates on the conscience of the person
In chambers
Enemy of all mankind
Answer: D.
Mare liberum
The free sea
Grotius's argument (1609) that the seas are open to all nations, against the claims of states to closed seas (mare clausum).
Quick check: What does the maxim "Mare liberum" mean?
An act does not make a person guilty unless the mind is also guilty
Hear the other side
The free sea
A place to stand
Answer: C.
He who comes into equity must come with clean hands
Equitable relief requires honest conduct by the claimant
A court of equity will refuse relief to a party who has acted unfairly or dishonestly in the matter.
Quick check: What does the maxim "He who comes into equity must come with clean hands" mean?
No one should be a judge in their own cause
The guilty act
Without a day
Equitable relief requires honest conduct by the claimant
Answer: D.
He who seeks equity must do equity
A claimant seeking equitable relief must act fairly towards the other side
A court may impose terms on a party seeking an equitable remedy, requiring them to do what fairness requires.
Quick check: What does the maxim "He who seeks equity must do equity" mean?
A matter adjudged is accepted as the truth
A claimant seeking equitable relief must act fairly towards the other side
Now for then
The guilty mind
Answer: B.
Delay defeats equity
Unreasonable delay bars equitable relief
The doctrine of laches: a person who delays unreasonably in asserting a right may lose equitable remedies.
Quick check: What does the maxim "Delay defeats equity" mean?
Because he fears
Unreasonable delay bars equitable relief
A matter under judicial consideration
No crime and no punishment without a pre-existing law
Answer: B.
Equity follows the law
Equity does not override legal rules without reason
Equity supplements the law; it does not contradict it.
Quick check: What does the maxim "Equity follows the law" mean?
No one should be troubled twice for the same cause
It is in the interest of the State that there be an end to litigation
Equity does not override legal rules without reason
Where there is a right, there is a remedy
Answer: C.
Equality is equity
Where there is no reason to prefer anyone, equal division is fair
In the absence of a basis for different treatment, equity divides equally.
Quick check: What does the maxim "Equality is equity" mean?
An act of the court shall prejudice no one
No one is bound to accuse himself
Where there is no reason to prefer anyone, equal division is fair
To a willing person, no injury is done
Answer: C.
Equity acts in personam
Equity operates on the conscience of the person
Equitable orders are directed at persons, requiring them to act or refrain from acting.
Quick check: What does the maxim "Equity acts in personam" mean?
Damage without legal injury
The law does not compel the impossible
Equity operates on the conscience of the person
Incapable of crime
Answer: C.
Nullus commodum capere potest de injuria sua propria
No one can take advantage of his own wrong
A party cannot benefit from its own wrongful act, such as a party who prevents performance of a contract and then complains of non-performance.
Quick check: What does the maxim "Nullus commodum capere potest de injuria sua propria" mean?
A judge cannot be a witness in his own cause
The father is he whom the marriage indicates
Let the signer beware
No one can take advantage of his own wrong
Answer: D.
Lex semper dabit remedium
The law will always give a remedy
Closely related to ubi jus ibi remedium; the law provides a remedy for every wrong.
Quick check: What does the maxim "Lex semper dabit remedium" mean?
That is certain which can be made certain
The law will always give a remedy
One who alleges contradictory things is not to be heard
The practice of the court is the law of the court
Answer: B.
Lex dilationes semper exhorret
The law always abhors delays
Delay in legal proceedings is disfavoured; the maxim is often cited with "justice delayed is justice denied".
Quick check: What does the maxim "Lex dilationes semper exhorret" mean?
Of the utmost good faith
The law always abhors delays
An untouched matter
One who approbates cannot reprobate
Answer: B.
Justitia nemini neganda est
Justice is to be denied to no one
Everyone is entitled to justice, echoing clause 40 of Magna Carta.
Quick check: What does the maxim "Justitia nemini neganda est" mean?
Justice is to be denied to no one
In law, the proximate and not the remote cause is regarded
The plaintiff follows the forum of the defendant
No one can go against his own deed
Answer: A.
Boni judicis est ampliare jurisdictionem
It is the part of a good judge to enlarge his jurisdiction (remedies)
Associated with Lord Mansfield, it means a good judge extends the remedies available within jurisdiction to do justice.
Quick check: What does the maxim "Boni judicis est ampliare jurisdictionem" mean?
One who alleges his own wrongdoing is not to be heard
During litigation, nothing new should be introduced
The immediate cause
It is the part of a good judge to enlarge his jurisdiction (remedies)
Answer: D.
Lex neminem cogit ad vana seu inutilia
The law compels no one to do vain or useless things
The law does not require a futile act, such as a formal demand that would obviously be refused.
Quick check: What does the maxim "Lex neminem cogit ad vana seu inutilia" mean?
All acts are presumed to have been done rightly
One wrong does not justify another
Suppression of the truth is suggestion of falsehood
The law compels no one to do vain or useless things
Answer: D.
Lex non requirit verificari quod apparet curiae
The law does not require proof of what is apparent to the court
Facts already evident to the court, such as matters of judicial notice, need not be proved.
Quick check: What does the maxim "Lex non requirit verificari quod apparet curiae" mean?
In crimes, the intention and not the result is regarded
Everything is presumed against the wrongdoer
The law does not require proof of what is apparent to the court
Gross negligence is equivalent to intentional wrong
Answer: C.
Judex non potest esse testis in propria causa
A judge cannot be a witness in his own cause
A judge who is a witness to the facts should not decide the case.
Quick check: What does the maxim "Judex non potest esse testis in propria causa" mean?
He who sins when drunk shall be punished when sober
What is invalid from the beginning does not become valid by lapse of time
Want of skill is counted as negligence
A judge cannot be a witness in his own cause
Answer: D.
Cursus curiae est lex curiae
The practice of the court is the law of the court
Settled practice and procedure of a court have the force of law within it.
Quick check: What does the maxim "Cursus curiae est lex curiae" mean?
Extreme law is extreme injustice
A madman has no will
The practice of the court is the law of the court
An act of God does no injury to anyone
Answer: C.
Res integra
An untouched matter
A point of law not yet decided by any court, which the court must decide on principle.
Quick check: What does the maxim "Res integra" mean?
An infant differs little from a madman
An unjust law is no law at all
An untouched matter
Whoever owns the soil owns up to the heavens and down to the depths
Answer: C.
Actor sequitur forum rei
The plaintiff follows the forum of the defendant
A suit is ordinarily filed where the defendant resides, reflected in Section 20 of the CPC.
Quick check: What does the maxim "Actor sequitur forum rei" mean?
The plaintiff follows the forum of the defendant
Who will guard the guardians themselves?
Whatever is affixed to the soil belongs to the soil
Malice supplies the want of age
Answer: A.
Pendente lite nihil innovetur
During litigation, nothing new should be introduced
The position of the parties should not be altered while a suit is pending — the basis of lis pendens.
Quick check: What does the maxim "Pendente lite nihil innovetur" mean?
No one is the heir of a living person
When in doubt, in favour of the accused
The crime carries the person
During litigation, nothing new should be introduced
Answer: D.
Omnia praesumuntur rite esse acta
All acts are presumed to have been done rightly
Official and judicial acts are presumed to have been regularly performed (Section 114, illustration (e), of the Evidence Act).
Quick check: What does the maxim "Omnia praesumuntur rite esse acta" mean?
One witness is no witness
Movables follow the person
All acts are presumed to have been done rightly
The intention to steal
Answer: C.
Omnia praesumuntur contra spoliatorem
Everything is presumed against the wrongdoer
A party who destroys or withholds evidence faces adverse presumptions.
Quick check: What does the maxim "Omnia praesumuntur contra spoliatorem" mean?
The accessory follows the principal
A transaction between others should not prejudice a third party
Everything is presumed against the wrongdoer
Wrong in itself
Answer: C.
Quod ab initio non valet in tractu temporis non convalescit
What is invalid from the beginning does not become valid by lapse of time
A void act cannot be cured merely by the passage of time.
Quick check: What does the maxim "Quod ab initio non valet in tractu temporis non convalescit" mean?
What is invalid from the beginning does not become valid by lapse of time
An assignee enjoys the rights of the assignor
Wrong because prohibited
A confession made in court is greater than all proof
Answer: A.
Summum jus, summa injuria
Extreme law is extreme injustice
From Cicero: applying the letter of the law rigidly can produce injustice — one reason for equity.
Quick check: What does the maxim "Summum jus, summa injuria" mean?
The presumption is always in favour of the legitimacy of children
Extreme law is extreme injustice
Consent makes the law
No one may change his purpose to the injury of another
Answer: B.
Lex iniusta non est lex
An unjust law is no law at all
Associated with Augustine and Aquinas, a central claim of natural law theory.
Quick check: What does the maxim "Lex iniusta non est lex" mean?
The father is he whom the marriage indicates
An unjust law is no law at all
A gift in contemplation of death
Custom and agreement override the law
Answer: B.
Quis custodiet ipsos custodes?
Who will guard the guardians themselves?
From the Roman poet Juvenal; often invoked in debates on accountability of the judiciary and police.
Quick check: What does the maxim "Quis custodiet ipsos custodes?" mean?
The intention to make a will
Let the doer beware
One who alleges contradictory things is not to be heard
Who will guard the guardians themselves?
Answer: D.
In dubio pro reo
When in doubt, in favour of the accused
Where there is reasonable doubt, the accused must be acquitted.
Quick check: What does the maxim "In dubio pro reo" mean?
Between living persons
When in doubt, in favour of the accused
One who approbates cannot reprobate
Let the signer beware
Answer: B.
Testis unus testis nullus
One witness is no witness
A Roman law rule that a single witness is insufficient. Indian law rejects it: under Section 134 of the Evidence Act (now BSA Section 139), no particular number of witnesses is required.
Quick check: What does the maxim "Testis unus testis nullus" mean?
One witness is no witness
By heads
That is certain which can be made certain
No one can go against his own deed
Answer: A.
Res inter alios acta alteri nocere non debet
A transaction between others should not prejudice a third party
Things done between strangers ought not to injure a person who was not a party to them.
Quick check: What does the maxim "Res inter alios acta alteri nocere non debet" mean?
One who alleges his own wrongdoing is not to be heard
Of the utmost good faith
By stocks or branches
A transaction between others should not prejudice a third party
Answer: D.
Confessio facta in judicio omni probatione major est
A confession made in court is greater than all proof
An admission made in court is the strongest evidence against the person making it.
Quick check: What does the maxim "Confessio facta in judicio omni probatione major est" mean?
In law, the proximate and not the remote cause is regarded
As a matter of favour
Suppression of the truth is suggestion of falsehood
A confession made in court is greater than all proof
Answer: D.
Semper praesumitur pro legitimatione puerorum
The presumption is always in favour of the legitimacy of children
Reflected in Section 112 of the Evidence Act (now BSA Section 116): a child born during a valid marriage is presumed legitimate.
Quick check: What does the maxim "Semper praesumitur pro legitimatione puerorum" mean?
The presumption is always in favour of the legitimacy of children
By virtue of office
The immediate cause
In crimes, the intention and not the result is regarded
Answer: A.
Pater est quem nuptiae demonstrant
The father is he whom the marriage indicates
The husband of the mother is presumed to be the father of a child born during the marriage.
Quick check: What does the maxim "Pater est quem nuptiae demonstrant" mean?
He who sins when drunk shall be punished when sober
Against a person
One wrong does not justify another
The father is he whom the marriage indicates
Answer: D.
Allegans contraria non est audiendus
One who alleges contradictory things is not to be heard
A party cannot take inconsistent positions in the same proceedings.
Quick check: What does the maxim "Allegans contraria non est audiendus" mean?
A madman has no will
One who alleges contradictory things is not to be heard
Against a thing
Gross negligence is equivalent to intentional wrong
Answer: B.
Qui approbat non reprobat
One who approbates cannot reprobate
A person cannot accept the benefit of an instrument and reject its burdens — the rule against blowing hot and cold.
Quick check: What does the maxim "Qui approbat non reprobat" mean?
An infant differs little from a madman
One who approbates cannot reprobate
Want of skill is counted as negligence
In the place of a parent
Answer: B.
Nemo contra factum suum venire potest
No one can go against his own deed
The root idea of estoppel: a person cannot deny the effect of his own earlier act or representation.
Quick check: What does the maxim "Nemo contra factum suum venire potest" mean?
Malice supplies the want of age
No one can go against his own deed
An act of God does no injury to anyone
To that extent
Answer: B.
Allegans suam turpitudinem non est audiendus
One who alleges his own wrongdoing is not to be heard
A party cannot rely on his own misconduct to claim relief.
Quick check: What does the maxim "Allegans suam turpitudinem non est audiendus" mean?
With what intention
Whoever owns the soil owns up to the heavens and down to the depths
One who alleges his own wrongdoing is not to be heard
The crime carries the person
Answer: C.
Suppressio veri, suggestio falsi
Suppression of the truth is suggestion of falsehood
Concealing material facts is as bad as stating a falsehood; relevant to fraud and to a party seeking discretionary relief.
Quick check: What does the maxim "Suppressio veri, suggestio falsi" mean?
Suppression of the truth is suggestion of falsehood
The intention to steal
The law does not concern itself with trifles
Whatever is affixed to the soil belongs to the soil
Answer: A.
Voluntas in delictis non exitus spectatur
In crimes, the intention and not the result is regarded
Criminal liability looks to the intent of the accused, as with attempts.
Quick check: What does the maxim "Voluntas in delictis non exitus spectatur" mean?
In crimes, the intention and not the result is regarded
Wrong in itself
Against the one who put it forward
No one is the heir of a living person
Answer: A.
Qui peccat ebrius luat sobrius
He who sins when drunk shall be punished when sober
Voluntary intoxication is generally no excuse for crime; the BNS (Sections 23–24) allows only involuntary intoxication as a defence.
Quick check: What does the maxim "Qui peccat ebrius luat sobrius" mean?
Wrong because prohibited
Movables follow the person
He who sins when drunk shall be punished when sober
General words are to be understood generally
Answer: C.
Furiosi nulla voluntas est
A madman has no will
A person of unsound mind is incapable of the intention needed for a crime or contract.
Quick check: What does the maxim "Furiosi nulla voluntas est" mean?
One must not depart from the words of the law
A madman has no will
The accessory follows the principal
Consent makes the law
Answer: B.
Infans non multum a furioso distat
An infant differs little from a madman
Very young children, like persons of unsound mind, lack criminal capacity.
Quick check: What does the maxim "Infans non multum a furioso distat" mean?
An infant differs little from a madman
An absolute sentence needs no interpreter
An assignee enjoys the rights of the assignor
Custom and agreement override the law
Answer: A.
Malitia supplet aetatem
Malice supplies the want of age
A child above seven but below twelve may be liable if mature enough to understand the nature of the act (BNS Section 21).
Quick check: What does the maxim "Malitia supplet aetatem" mean?
Let the doer beware
No one may change his purpose to the injury of another
Referring each to each
Malice supplies the want of age
Answer: D.
Crimen trahit personam
The crime carries the person
A person may be tried where the crime was committed.
Quick check: What does the maxim "Crimen trahit personam" mean?
Custom is the best interpreter of laws
A gift in contemplation of death
The crime carries the person
Let the signer beware
Answer: C.
Animus furandi
The intention to steal
Theft requires a dishonest intention to take property.
Quick check: What does the maxim "Animus furandi" mean?
The intention to make a will
The intention to steal
Common error makes law
That is certain which can be made certain
Answer: B.
Mala in se
Wrong in itself
Acts inherently wrong, such as murder or theft, as distinct from acts wrong only because prohibited.
Quick check: What does the maxim "Mala in se" mean?
Of the utmost good faith
Where there is the same reason, there is the same law
Between living persons
Wrong in itself
Answer: D.
Mala prohibita
Wrong because prohibited
Acts that are wrong only because a law forbids them, such as many regulatory offences.
Quick check: What does the maxim "Mala prohibita" mean?
By heads
A new law should regulate the future, not the past
In law, the proximate and not the remote cause is regarded
Wrong because prohibited
Answer: D.
Consensus facit legem
Consent makes the law
Parties to a contract make the law between themselves.
Quick check: What does the maxim "Consensus facit legem" mean?
By stocks or branches
Where the law does not distinguish, neither should we
Consent makes the law
The immediate cause
Answer: C.
Modus et conventio vincunt legem
Custom and agreement override the law
Parties may by agreement vary default rules of law, within the limits of legality.
Quick check: What does the maxim "Modus et conventio vincunt legem" mean?
Custom and agreement override the law
As a matter of favour
He who clings to the letter clings to the bark
One wrong does not justify another
Answer: A.
Caveat actor
Let the doer beware
A person acts at his own risk and must take care not to harm others.
Quick check: What does the maxim "Caveat actor" mean?
Let the doer beware
By virtue of office
The useful is not vitiated by the useless
Gross negligence is equivalent to intentional wrong
Answer: A.
Caveat subscriptor
Let the signer beware
A person who signs a document is bound by it, whether or not he read it.
Quick check: What does the maxim "Caveat subscriptor" mean?
Let the signer beware
Against a person
What is expressed makes what is implied cease
Want of skill is counted as negligence
Answer: A.
Id certum est quod certum reddi potest
That is certain which can be made certain
An agreement is not void for uncertainty if its meaning can be ascertained (Section 29 of the Contract Act).
Quick check: What does the maxim "Id certum est quod certum reddi potest" mean?
An act of God does no injury to anyone
That is certain which can be made certain
Against a thing
The law of the place where the contract is made
Answer: B.
Uberrimae fidei
Of the utmost good faith
Contracts such as insurance require full disclosure of all material facts by the parties.
Quick check: What does the maxim "Uberrimae fidei" mean?
In the place of a parent
Whoever owns the soil owns up to the heavens and down to the depths
Of the utmost good faith
The law of the place where the property is situated
Answer: C.
In jure non remota causa sed proxima spectatur
In law, the proximate and not the remote cause is regarded
Liability, especially in insurance, attaches to the immediate cause of loss.
Quick check: What does the maxim "In jure non remota causa sed proxima spectatur" mean?
Whatever is affixed to the soil belongs to the soil
The law of the forum
To that extent
In law, the proximate and not the remote cause is regarded
Answer: D.
Causa causans
The immediate cause
The effective, operative cause of the damage, as distinct from a mere condition (causa sine qua non).
Quick check: What does the maxim "Causa causans" mean?
No one is the heir of a living person
The law of the domicile
With what intention
The immediate cause
Answer: D.
Injuria non excusat injuriam
One wrong does not justify another
A wrong done to a person does not excuse his retaliatory wrong.
Quick check: What does the maxim "Injuria non excusat injuriam" mean?
Movables follow the person
One wrong does not justify another
The law does not concern itself with trifles
The law of the place where the wrong was committed
Answer: B.
Culpa lata dolo aequiparatur
Gross negligence is equivalent to intentional wrong
Gross negligence may be treated like wilful misconduct.
Quick check: What does the maxim "Culpa lata dolo aequiparatur" mean?
The accessory follows the principal
Gross negligence is equivalent to intentional wrong
Against the one who put it forward
Treaties neither harm nor benefit third states
Answer: B.
Imperitia culpae adnumeratur
Want of skill is counted as negligence
A person who undertakes a skilled task without the needed skill is negligent.
Quick check: What does the maxim "Imperitia culpae adnumeratur" mean?
General words are to be understood generally
Want of skill is counted as negligence
An assignee enjoys the rights of the assignor
An equal has no authority over an equal
Answer: B.
Actus Dei nemini facit injuriam
An act of God does no injury to anyone
No one is liable for harm caused solely by natural forces that could not be foreseen or prevented.
Quick check: What does the maxim "Actus Dei nemini facit injuriam" mean?
An act of God does no injury to anyone
One must not depart from the words of the law
No one may change his purpose to the injury of another
Either extradite or prosecute
Answer: A.
Cujus est solum, ejus est usque ad coelum et ad inferos
Whoever owns the soil owns up to the heavens and down to the depths
An old rule of land ownership, now limited by laws on airspace and minerals.
Quick check: What does the maxim "Cujus est solum, ejus est usque ad coelum et ad inferos" mean?
Law does not arise from injustice
Whoever owns the soil owns up to the heavens and down to the depths
An absolute sentence needs no interpreter
A gift in contemplation of death
Answer: B.
Quicquid plantatur solo, solo cedit
Whatever is affixed to the soil belongs to the soil
Things attached to land become part of it; Indian law does not follow the rule strictly (Section 108(h) of the TPA).
Quick check: What does the maxim "Quicquid plantatur solo, solo cedit" mean?
The intention to make a will
Referring each to each
Whatever is affixed to the soil belongs to the soil
The law arises from facts
Answer: C.
Nemo est heres viventis
No one is the heir of a living person
A person has only a hope (spes successionis), not a right, to inherit from someone alive; such a hope cannot be transferred (Section 6(a) of the TPA).
Quick check: What does the maxim "Nemo est heres viventis" mean?
Custom is the best interpreter of laws
A thing belonging to no one
Between living persons
No one is the heir of a living person
Answer: D.
Mobilia sequuntur personam
Movables follow the person
Succession to movable property is governed by the law of the owner's domicile.
Quick check: What does the maxim "Mobilia sequuntur personam" mean?
A thing belonging to all
Common error makes law
Movables follow the person
By heads
Answer: C.
Accessorium sequitur principale
The accessory follows the principal
What is incidental passes with the main thing.
Quick check: What does the maxim "Accessorium sequitur principale" mean?
The accessory follows the principal
Where there is the same reason, there is the same law
By stocks or branches
The law on the resort to force
Answer: A.
Assignatus utitur jure auctoris
An assignee enjoys the rights of the assignor
An assignee takes the rights, and is subject to the equities, of the person assigning.
Quick check: What does the maxim "Assignatus utitur jure auctoris" mean?
As a matter of favour
A new law should regulate the future, not the past
An assignee enjoys the rights of the assignor
The law in war
Answer: C.
Nemo potest mutare consilium suum in alterius injuriam
No one may change his purpose to the injury of another
A person may not withdraw from a course of conduct once another has relied on it to his detriment.
Quick check: What does the maxim "Nemo potest mutare consilium suum in alterius injuriam" mean?
By virtue of office
No one may change his purpose to the injury of another
Right of the soil
Where the law does not distinguish, neither should we
Answer: B.
Donatio mortis causa
A gift in contemplation of death
A gift of movable property made in expectation of imminent death, taking effect only if the donor dies (Section 191 of the Indian Succession Act).
Quick check: What does the maxim "Donatio mortis causa" mean?
Right of blood
Against a person
A gift in contemplation of death
He who clings to the letter clings to the bark
Answer: C.
Animus testandi
The intention to make a will
A valid will requires the testator's intention to dispose of property after death.
Quick check: What does the maxim "Animus testandi" mean?
The intention to make a will
The useful is not vitiated by the useless
Against a thing
Immunity by reason of the subject matter
Answer: A.
Inter vivos
Between living persons
A transfer made during the lifetime of the parties, governed by the Transfer of Property Act, as opposed to succession on death.
Quick check: What does the maxim "Inter vivos" mean?
Between living persons
In the place of a parent
Immunity by reason of the person
What is expressed makes what is implied cease
Answer: A.
Per capita
By heads
Division of property equally among individuals.
Quick check: What does the maxim "Per capita" mean?
By heads
An unwelcome person
To that extent
The law of the place where the contract is made
Answer: A.
Per stirpes
By stocks or branches
Division of property among branches of a family, each branch taking what its ancestor would have taken.
Quick check: What does the maxim "Per stirpes" mean?
With what intention
By stocks or branches
No one can take advantage of his own wrong
The law of the place where the property is situated
Answer: B.
Ex gratia
As a matter of favour
A payment made voluntarily, without admitting legal liability.
Quick check: What does the maxim "Ex gratia" mean?
As a matter of favour
The law of the forum
The law does not concern itself with trifles
The law will always give a remedy
Answer: A.
Ex officio
By virtue of office
Holding a position because of another office held, as the Vice-President is ex officio Chairman of the Rajya Sabha.
Quick check: What does the maxim "Ex officio" mean?
Against the one who put it forward
The law of the domicile
The law always abhors delays
By virtue of office
Answer: D.
In personam
Against a person
An action or right enforceable against a particular person, such as a contract claim.
Quick check: What does the maxim "In personam" mean?
The law of the place where the wrong was committed
General words are to be understood generally
Against a person
Justice is to be denied to no one
Answer: C.
In rem
Against a thing
An action or right enforceable against the world at large, such as ownership, or a judgment on status.
Quick check: What does the maxim "In rem" mean?
Against a thing
Treaties neither harm nor benefit third states
One must not depart from the words of the law
It is the part of a good judge to enlarge his jurisdiction (remedies)
Answer: A.
In loco parentis
In the place of a parent
A person who takes on parental responsibilities, such as a guardian or school.
Quick check: What does the maxim "In loco parentis" mean?
An equal has no authority over an equal
In the place of a parent
The law compels no one to do vain or useless things
An absolute sentence needs no interpreter
Answer: B.
Pro tanto
To that extent
Applying to the extent specified, as when a law is void pro tanto.
Quick check: What does the maxim "Pro tanto" mean?
Either extradite or prosecute
To that extent
The law does not require proof of what is apparent to the court
Referring each to each
Answer: B.
Quo animo
With what intention
The intention or motive with which an act is done.
Quick check: What does the maxim "Quo animo" mean?
Law does not arise from injustice
A judge cannot be a witness in his own cause
With what intention
Custom is the best interpreter of laws
Answer: C.
De minimis non curat lex
The law does not concern itself with trifles
Trivial matters are not actionable; Section 33 of the BNS (formerly Section 95 IPC) excludes acts causing slight harm.
Quick check: What does the maxim "De minimis non curat lex" mean?
The practice of the court is the law of the court
The law arises from facts
Common error makes law
The law does not concern itself with trifles
Answer: D.
Contra proferentem
Against the one who put it forward
An ambiguous term is construed against the party who drafted it — important in insurance and standard-form contracts.
Quick check: What does the maxim "Contra proferentem" mean?
Against the one who put it forward
A thing belonging to no one
Where there is the same reason, there is the same law
An untouched matter
Answer: A.
Generalia verba sunt generaliter intelligenda
General words are to be understood generally
General words are given their general meaning unless the context requires otherwise.
Quick check: What does the maxim "Generalia verba sunt generaliter intelligenda" mean?
The plaintiff follows the forum of the defendant
General words are to be understood generally
A new law should regulate the future, not the past
A thing belonging to all
Answer: B.
A verbis legis non est recedendum
One must not depart from the words of the law
The basis of the literal rule of interpretation.
Quick check: What does the maxim "A verbis legis non est recedendum" mean?
Where the law does not distinguish, neither should we
During litigation, nothing new should be introduced
One must not depart from the words of the law
The law on the resort to force
Answer: C.
Absoluta sententia expositore non indiget
An absolute sentence needs no interpreter
Where the words of a law are clear and unambiguous, they need no interpretation and must be applied as they stand.
Quick check: What does the maxim "Absoluta sententia expositore non indiget" mean?
All acts are presumed to have been done rightly
An absolute sentence needs no interpreter
He who clings to the letter clings to the bark
The law in war
Answer: B.
Reddendo singula singulis
Referring each to each
Where a sentence has several subjects and objects, each is read with its appropriate counterpart.
Quick check: What does the maxim "Reddendo singula singulis" mean?
Right of the soil
Referring each to each
The useful is not vitiated by the useless
Everything is presumed against the wrongdoer
Answer: B.
Optima legum interpres est consuetudo
Custom is the best interpreter of laws
Long usage can explain the meaning of a law.
Quick check: What does the maxim "Optima legum interpres est consuetudo" mean?
What is invalid from the beginning does not become valid by lapse of time
What is expressed makes what is implied cease
Right of blood
Custom is the best interpreter of laws
Answer: D.
Communis error facit jus
Common error makes law
A widely and long accepted error may come to be treated as law.
Quick check: What does the maxim "Communis error facit jus" mean?
Extreme law is extreme injustice
Immunity by reason of the subject matter
Common error makes law
The law of the place where the contract is made
Answer: C.
Ubi eadem ratio ibi idem jus
Where there is the same reason, there is the same law
Like cases should be treated alike: where the reason behind a rule applies equally, the same rule should apply.
Quick check: What does the maxim "Ubi eadem ratio ibi idem jus" mean?
Where there is the same reason, there is the same law
The law of the place where the property is situated
Immunity by reason of the person
An unjust law is no law at all
Answer: A.
Nova constitutio futuris formam imponere debet non praeteritis
A new law should regulate the future, not the past
The presumption against retrospective operation of statutes.
Quick check: What does the maxim "Nova constitutio futuris formam imponere debet non praeteritis" mean?
Who will guard the guardians themselves?
An unwelcome person
A new law should regulate the future, not the past
The law of the forum
Answer: C.
Ubi lex non distinguit, nec nos distinguere debemus
Where the law does not distinguish, neither should we
Courts should not read distinctions into a law that makes none.
Quick check: What does the maxim "Ubi lex non distinguit, nec nos distinguere debemus" mean?
The law of the domicile
No one can take advantage of his own wrong
Where the law does not distinguish, neither should we
When in doubt, in favour of the accused
Answer: C.
Qui haeret in litera haeret in cortice
He who clings to the letter clings to the bark
A purely literal reading misses the substance of the law.
Quick check: What does the maxim "Qui haeret in litera haeret in cortice" mean?
The law of the place where the wrong was committed
One witness is no witness
He who clings to the letter clings to the bark
The law will always give a remedy
Answer: C.
Utile per inutile non vitiatur
The useful is not vitiated by the useless
Valid parts of an instrument are not destroyed by invalid parts — the root of severability.
Quick check: What does the maxim "Utile per inutile non vitiatur" mean?
Treaties neither harm nor benefit third states
The useful is not vitiated by the useless
The law always abhors delays
A transaction between others should not prejudice a third party
Answer: B.
Expressum facit cessare tacitum
What is expressed makes what is implied cease
Where a matter is expressly provided for, no contrary term is implied.
Quick check: What does the maxim "Expressum facit cessare tacitum" mean?
What is expressed makes what is implied cease
An equal has no authority over an equal
Justice is to be denied to no one
A confession made in court is greater than all proof
Answer: A.
Lex loci contractus
The law of the place where the contract is made
A traditional rule in private international law for the validity of contracts.
Quick check: What does the maxim "Lex loci contractus" mean?
Either extradite or prosecute
The presumption is always in favour of the legitimacy of children
The law of the place where the contract is made
It is the part of a good judge to enlarge his jurisdiction (remedies)
Answer: C.
Lex situs
The law of the place where the property is situated
Questions about immovable property are governed by the law of the place where it is located.
Quick check: What does the maxim "Lex situs" mean?
The father is he whom the marriage indicates
The law of the place where the property is situated
The law compels no one to do vain or useless things
Law does not arise from injustice
Answer: B.
Lex fori
The law of the forum
Matters of procedure are governed by the law of the court hearing the case.
Quick check: What does the maxim "Lex fori" mean?
One who alleges contradictory things is not to be heard
The law arises from facts
The law of the forum
The law does not require proof of what is apparent to the court
Answer: C.
Lex domicilii
The law of the domicile
Personal status and succession to movables are often governed by the law of a person's domicile.
Quick check: What does the maxim "Lex domicilii" mean?
A thing belonging to no one
The law of the domicile
A judge cannot be a witness in his own cause
One who approbates cannot reprobate
Answer: B.
Lex loci delicti
The law of the place where the wrong was committed
A traditional rule for choosing the law applicable to torts with a foreign element.
Quick check: What does the maxim "Lex loci delicti" mean?
A thing belonging to all
The law of the place where the wrong was committed
The practice of the court is the law of the court
No one can go against his own deed
Answer: B.
Pacta tertiis nec nocent nec prosunt
Treaties neither harm nor benefit third states
A treaty does not create obligations or rights for a third state without its consent (Article 34 of the VCLT).
Quick check: What does the maxim "Pacta tertiis nec nocent nec prosunt" mean?
An untouched matter
The law on the resort to force
One who alleges his own wrongdoing is not to be heard
Treaties neither harm nor benefit third states
Answer: D.
Par in parem non habet imperium
An equal has no authority over an equal
The basis of sovereign immunity: one state cannot sit in judgment over another.
Quick check: What does the maxim "Par in parem non habet imperium" mean?
An equal has no authority over an equal
The law in war
Suppression of the truth is suggestion of falsehood
The plaintiff follows the forum of the defendant
Answer: A.
Aut dedere aut judicare
Either extradite or prosecute
A treaty obligation to either extradite a suspect or prosecute them, found in conventions against terrorism and torture.
Quick check: What does the maxim "Aut dedere aut judicare" mean?
Right of the soil
During litigation, nothing new should be introduced
In crimes, the intention and not the result is regarded
Either extradite or prosecute
Answer: D.
Ex injuria jus non oritur
Law does not arise from injustice
An illegal act cannot create legal rights, as in the non-recognition of territory acquired by force.
Quick check: What does the maxim "Ex injuria jus non oritur" mean?
Law does not arise from injustice
All acts are presumed to have been done rightly
He who sins when drunk shall be punished when sober
Right of blood
Answer: A.
Ex factis jus oritur
The law arises from facts
Facts on the ground can shape legal outcomes — a counterpoint to ex injuria jus non oritur.
Quick check: What does the maxim "Ex factis jus oritur" mean?
Everything is presumed against the wrongdoer
A madman has no will
Immunity by reason of the subject matter
The law arises from facts
Answer: D.
Res nullius
A thing belonging to no one
Property or territory not owned by anyone, which can be acquired by occupation.
Quick check: What does the maxim "Res nullius" mean?
An infant differs little from a madman
What is invalid from the beginning does not become valid by lapse of time
A thing belonging to no one
Immunity by reason of the person
Answer: C.
Res communis
A thing belonging to all
Areas such as the high seas and outer space that cannot be appropriated by any state.
Quick check: What does the maxim "Res communis" mean?
Extreme law is extreme injustice
A thing belonging to all
Malice supplies the want of age
An unwelcome person
Answer: B.
Jus ad bellum
The law on the resort to force
Rules on when a state may lawfully use force, chiefly the UN Charter's prohibition (Article 2(4)) and self-defence (Article 51).
Quick check: What does the maxim "Jus ad bellum" mean?
No one can take advantage of his own wrong
An unjust law is no law at all
The law on the resort to force
The crime carries the person
Answer: C.
Jus in bello
The law in war
International humanitarian law, governing how hostilities are conducted, regardless of whether the war is lawful.
Quick check: What does the maxim "Jus in bello" mean?
Who will guard the guardians themselves?
The law will always give a remedy
The law in war
The intention to steal
Answer: C.
Jus soli
Right of the soil
Citizenship by place of birth. India's Citizenship Act initially followed it but has restricted it since 1987 and 2004.
Quick check: What does the maxim "Jus soli" mean?
The law always abhors delays
When in doubt, in favour of the accused
Wrong in itself
Right of the soil
Answer: D.
Jus sanguinis
Right of blood
Citizenship by descent from a citizen parent.
Quick check: What does the maxim "Jus sanguinis" mean?
Justice is to be denied to no one
Wrong because prohibited
One witness is no witness
Right of blood
Answer: D.
Immunity ratione materiae
Immunity by reason of the subject matter
Functional immunity of state officials for official acts, which continues after they leave office — applied in the Enrica Lexie arbitration.
Quick check: What does the maxim "Immunity ratione materiae" mean?
It is the part of a good judge to enlarge his jurisdiction (remedies)
Immunity by reason of the subject matter
Consent makes the law
A transaction between others should not prejudice a third party
Answer: B.
Immunity ratione personae
Immunity by reason of the person
Personal immunity of serving heads of state, heads of government and foreign ministers, which ends when they leave office.
Quick check: What does the maxim "Immunity ratione personae" mean?
The law compels no one to do vain or useless things
A confession made in court is greater than all proof
Custom and agreement override the law
Immunity by reason of the person
Answer: D.
Persona non grata
An unwelcome person
A receiving state may declare a diplomat persona non grata at any time without giving reasons (Article 9 of the Vienna Convention on Diplomatic Relations).
Quick check: What does the maxim "Persona non grata" mean?
Let the doer beware
An unwelcome person
The presumption is always in favour of the legitimacy of children
The law does not require proof of what is apparent to the court
Answer: B.
Necessitas non habet legem
Necessity knows no law
The root of the defence of necessity, though courts apply it narrowly — R v. Dudley and Stephens refused it to shipwrecked sailors who killed a cabin boy.
Quick check: What does "Necessitas non habet legem" mean?
No action arises from fraud
A specific law prevails over a general law
Necessity knows no law
A higher law prevails over a lower law
Answer: C.
Inter arma enim silent leges
In times of war, the laws fall silent
Cicero's phrase, invoked (and rejected) in debates on emergency powers; Lord Atkin replied in Liversidge v. Anderson that amid the clash of arms the laws are not silent.
Quick check: What does "Inter arma enim silent leges" mean?
When the cause ceases, the effect ceases
In times of war, the laws fall silent
Live honestly, harm no one, give each his due
The judge is condemned when the guilty is acquitted
Answer: B.
Vox populi, vox Dei
The voice of the people is the voice of God
Used to express popular sovereignty; often quoted in election law judgments.
Quick check: What does "Vox populi, vox Dei" mean?
One who does not prevent what one can prevent is taken to assent
On the face of it
The voice of the people is the voice of God
Out of abundant caution
Answer: C.
Ex dolo malo non oritur actio
No action arises from fraud
A party cannot base a claim on their own fraudulent conduct.
Quick check: What does "Ex dolo malo non oritur actio" mean?
The person for whose benefit a trust is held
Formerly acquitted, formerly convicted
Hear ye
No action arises from fraud
Answer: D.
Lex specialis derogat legi generali
A specific law prevails over a general law
A principle of interpretation used especially in international law, for example to relate humanitarian law to human rights law.
Quick check: What does "Lex specialis derogat legi generali" mean?
To speak the truth
The court knows the law
A specific law prevails over a general law
What is not on the record does not exist
Answer: C.
Lex superior derogat legi inferiori
A higher law prevails over a lower law
The Constitution prevails over statutes, and statutes over subordinate legislation.
Quick check: What does "Lex superior derogat legi inferiori" mean?
A higher law prevails over a lower law
The right of a third party
The law merchant
The law of retaliation — an eye for an eye
Answer: A.
Quod principi placuit legis habet vigorem
What pleases the prince has the force of law
Ulpian's statement of imperial power in Roman law, the opposite of the rule of law.
Quick check: What does "Quod principi placuit legis habet vigorem" mean?
A day on which courts do not sit
The king never dies
Who sues for the king as well as himself
What pleases the prince has the force of law
Answer: D.
Princeps legibus solutus est
The emperor is not bound by the laws
A Roman maxim of absolute power, rejected by Bracton's view that the king is under the law.
Quick check: What does "Princeps legibus solutus est" mean?
No one can do through another what they cannot do themselves
Fraud vitiates everything
The emperor is not bound by the laws
Will stands in place of reason
Answer: C.
Actus legis nemini facit injuriam
An act of the law does no wrong to anyone
Harm resulting purely from the operation of law gives no cause of action.
Quick check: What does "Actus legis nemini facit injuriam" mean?
An act of the law does no wrong to anyone
Necessity knows no law
The voice of the people is the voice of God
In times of war, the laws fall silent
Answer: A.
Executio juris non habet injuriam
Execution of law does no injury
Carrying out a lawful court order or process is not a wrong.
Quick check: What does "Executio juris non habet injuriam" mean?
Execution of law does no injury
The emperor is not bound by the laws
An act of the law does no wrong to anyone
When the cause ceases, the effect ceases
Answer: A.
Cessante causa, cessat effectus
When the cause ceases, the effect ceases
Used where an order or right depends on a state of affairs that no longer exists.
Quick check: What does "Cessante causa, cessat effectus" mean?
It is not my deed
The instigator sins more than the doer
When the cause ceases, the effect ceases
Not of sound mind
Answer: C.
Judex damnatur cum nocens absolvitur
The judge is condemned when the guilty is acquitted
A reminder that wrongful acquittals are also a failure of justice.
Quick check: What does "Judex damnatur cum nocens absolvitur" mean?
The judge is condemned when the guilty is acquitted
For this occasion only
Things done as part of the same transaction
Arising from contract, and arising from a wrong
Answer: A.
Honeste vivere, alterum non laedere, suum cuique tribuere
Live honestly, harm no one, give each his due
Ulpian's three precepts of law, set out at the start of Justinian's Institutes.
Quick check: What does "Honeste vivere, alterum non laedere, suum cuique tribuere" mean?
A right to take something from another's land
Live honestly, harm no one, give each his due
It seems
A right enforceable only by legal action
Answer: B.
Justitia est constans et perpetua voluntas jus suum cuique tribuendi
Justice is the constant and perpetual will to render to each his due
The opening definition of justice in Justinian's Institutes.
Quick check: What does "Justitia est constans et perpetua voluntas jus suum cuique tribuendi" mean?
By the court
For the purposes of the suit
As a matter of form
Justice is the constant and perpetual will to render to each his due
Answer: D.
Non est factum
It is not my deed
A plea by a person who signed a document fundamentally different from what they believed it to be, without carelessness.
Quick check: What does "Non est factum" mean?
The civil law of a particular state
It is not my deed
An action brought by any member of the public
The law of nations
Answer: B.
Non compos mentis
Not of sound mind
Describes a person lacking mental capacity to contract, make a will or stand trial.
Quick check: What does "Non compos mentis" mean?
Unless before
Not of sound mind
No one can transfer to another a greater right than they have
One who acts under a judge's order is not deemed to act with malice
Answer: B.
Plus peccat auctor quam actor
The instigator sins more than the doer
Reflects the idea that the mastermind of a crime may be more culpable than the one who executes it.
Quick check: What does "Plus peccat auctor quam actor" mean?
Who benefits?
The instigator sins more than the doer
No one is bound to produce documents against themselves
Where there is no principal, there can be no accessory
Answer: B.
Qui non prohibet quod prohibere potest assentire videtur
One who does not prevent what one can prevent is taken to assent
Relevant to liability for omissions and to acquiescence.
Quick check: What does "Qui non prohibet quod prohibere potest assentire videtur" mean?
One who does not prevent what one can prevent is taken to assent
What pleases the prince has the force of law
A specific law prevails over a general law
A higher law prevails over a lower law
Answer: A.
Ex facie
On the face of it
Used where a defect or fact is apparent from a document itself.
Quick check: What does "Ex facie" mean?
Live honestly, harm no one, give each his due
The judge is condemned when the guilty is acquitted
Justice is the constant and perpetual will to render to each his due
On the face of it
Answer: D.
Ex abundanti cautela
Out of abundant caution
Explains provisions or steps included for extra safety though strictly unnecessary.
Quick check: What does "Ex abundanti cautela" mean?
As a matter of right, owed in justice
Out of abundant caution
Arising from contract, and arising from a wrong
On the face of it
Answer: B.
Ex debito justitiae
As a matter of right, owed in justice
Relief granted ex debito justitiae is given as of right rather than at the court's discretion.
Quick check: What does "Ex debito justitiae" mean?
An unmarried woman, and a married woman under coverture
Hear ye
The person for whose benefit a trust is held
As a matter of right, owed in justice
Answer: D.
Ex contractu and ex delicto
Arising from contract, and arising from a wrong
The two classic sources of obligations in Roman and common law.
Quick check: What does "Ex contractu and ex delicto" mean?
What is not on the record does not exist
The court knows the law
Arising from contract, and arising from a wrong
Give me the facts and I will give you the law
Answer: C.
Pro hac vice
For this occasion only
Used for a lawyer permitted to appear in one case, or an appointment for one matter.
Quick check: What does "Pro hac vice" mean?
Natural law
For this occasion only
The law of retaliation — an eye for an eye
The right of a third party
Answer: B.
Res gestae
Things done as part of the same transaction
Statements and acts so connected with a fact in issue that they form part of the same transaction are admissible (Section 6 of the Evidence Act, now Section 4 of the BSA).
Quick check: What does "Res gestae" mean?
A day on which courts do not sit
Who sues for the king as well as himself
Things done as part of the same transaction
According to value
Answer: C.
Autrefois acquit and autrefois convict
Formerly acquitted, formerly convicted
Law French pleas barring a second trial for the same offence, the basis of Article 20(2).
Quick check: What does "Autrefois acquit and autrefois convict" mean?
No one can do through another what they cannot do themselves
Fraud vitiates everything
Formerly acquitted, formerly convicted
That which usually happens
Answer: C.
Cestui que trust
The person for whose benefit a trust is held
Law French for the beneficiary of a trust.
Quick check: What does "Cestui que trust" mean?
The voice of the people is the voice of God
The person for whose benefit a trust is held
No action arises from fraud
In times of war, the laws fall silent
Answer: B.
Oyez
Hear ye
The call used to open court sessions in England and at the US Supreme Court.
Quick check: What does "Oyez" mean?
Hear ye
When the cause ceases, the effect ceases
Execution of law does no injury
An act of the law does no wrong to anyone
Answer: A.
Feme sole and feme covert
An unmarried woman, and a married woman under coverture
Under the old doctrine of coverture a married woman's legal identity merged with her husband's.
Quick check: What does "Feme sole and feme covert" mean?
One who does not prevent what one can prevent is taken to assent
An unmarried woman, and a married woman under coverture
Not of sound mind
The instigator sins more than the doer
Answer: B.
Chose in action
A right enforceable only by legal action
Debts, shares and insurance claims are choses in action, as opposed to things in possession.
Quick check: What does "Chose in action" mean?
Formerly acquitted, formerly convicted
Things done as part of the same transaction
For this occasion only
A right enforceable only by legal action
Answer: D.
Profit à prendre
A right to take something from another's land
Such as rights to fish, cut timber or graze animals — distinct from an easement.
Quick check: What does "Profit à prendre" mean?
A right to take something from another's land
What is not on the record does not exist
It seems
To speak the truth
Answer: A.
Semble
It seems
Used in law reports to mark a judge's tentative view on a point not decided.
Quick check: What does "Semble" mean?
By the court
The law merchant
For the purposes of the suit
It seems
Answer: D.
Voir dire
To speak the truth
A preliminary examination of a witness or juror, or a trial within a trial on admissibility.
Quick check: What does "Voir dire" mean?
The civil law of a particular state
The king never dies
To speak the truth
An action brought by any member of the public
Answer: C.
Quod non est in actis non est in mundo
What is not on the record does not exist
Courts decide on the record before them, not on matters outside it.
Quick check: What does "Quod non est in actis non est in mundo" mean?
Will stands in place of reason
What is not on the record does not exist
One who acts under a judge's order is not deemed to act with malice
No one can transfer to another a greater right than they have
Answer: B.
Jura novit curia
The court knows the law
Parties must prove facts, but the court is presumed to know and apply the law.
Quick check: What does "Jura novit curia" mean?
No one is bound to produce documents against themselves
The court knows the law
Necessity knows no law
Where there is no principal, there can be no accessory
Answer: B.
Da mihi factum, dabo tibi jus
Give me the facts and I will give you the law
Expresses the division of labour between parties and court; pleadings need state facts, not law.
Quick check: What does "Da mihi factum, dabo tibi jus" mean?
A higher law prevails over a lower law
The emperor is not bound by the laws
Give me the facts and I will give you the law
What pleases the prince has the force of law
Answer: C.
Pro forma
As a matter of form
Describes a step taken to satisfy a formal requirement, such as a pro forma respondent.
Quick check: What does "Pro forma" mean?
As a matter of form
Live honestly, harm no one, give each his due
Justice is the constant and perpetual will to render to each his due
It is not my deed
Answer: A.
Per curiam
By the court
An opinion of the court as a whole, not attributed to any single judge.
Quick check: What does "Per curiam" mean?
By the court
As a matter of right, owed in justice
Out of abundant caution
Arising from contract, and arising from a wrong
Answer: A.
Ad litem
For the purposes of the suit
A guardian ad litem represents a minor or person of unsound mind in litigation.
Quick check: What does "Ad litem" mean?
A right enforceable only by legal action
For the purposes of the suit
Hear ye
An unmarried woman, and a married woman under coverture
Answer: B.
Lex mercatoria
The law merchant
The customary rules of medieval traders, and today the transnational norms of international commerce.
Quick check: What does "Lex mercatoria" mean?
Give me the facts and I will give you the law
As a matter of form
The law merchant
The court knows the law
Answer: C.
Lex talionis
The law of retaliation — an eye for an eye
Found in the Code of Hammurabi and the Bible; it limited revenge to an equal measure.
Quick check: What does "Lex talionis" mean?
Natural law
The right of a third party
The law of retaliation — an eye for an eye
The law of nations
Answer: C.
Jus tertii
The right of a third party
A defendant generally cannot defeat a claimant's possession by pointing to a better title in someone else.
Quick check: What does "Jus tertii" mean?
Unless before
According to value
The right of a third party
Who sues for the king as well as himself
Answer: C.
Jus naturale
Natural law
Law derived from reason or nature, binding everywhere, as opposed to law made by the State.
Quick check: What does "Jus naturale" mean?
That which usually happens
Natural law
No one can do through another what they cannot do themselves
Who benefits?
Answer: B.
Jus gentium
The law of nations
In Rome, the law applied to foreigners and common to all peoples; later a name for international law.
Quick check: What does "Jus gentium" mean?
No action arises from fraud
The law of nations
The voice of the people is the voice of God
A specific law prevails over a general law
Answer: B.
Jus civile
The civil law of a particular state
In Rome, the law applicable only to Roman citizens.
Quick check: What does "Jus civile" mean?
Execution of law does no injury
The civil law of a particular state
The judge is condemned when the guilty is acquitted
When the cause ceases, the effect ceases
Answer: B.
Actio popularis
An action brought by any member of the public
Allows anyone to sue in the public interest; the ICJ rejected it in the South West Africa cases (1966).
Quick check: What does "Actio popularis" mean?
On the face of it
An action brought by any member of the public
The instigator sins more than the doer
One who does not prevent what one can prevent is taken to assent
Answer: B.
Rex nunquam moritur
The king never dies
The Crown as an institution continues without interruption on a monarch's death.
Quick check: What does "Rex nunquam moritur" mean?
Things done as part of the same transaction
The person for whose benefit a trust is held
The king never dies
Formerly acquitted, formerly convicted
Answer: C.
Dies non juridicus
A day on which courts do not sit
Sundays and holidays, on which judicial business is ordinarily not transacted.
Quick check: What does "Dies non juridicus" mean?
It seems
A day on which courts do not sit
What is not on the record does not exist
To speak the truth
Answer: B.
Qui tam
Who sues for the king as well as himself
An action by a private informer who shares in the penalty recovered, still used under the US False Claims Act.
Quick check: What does "Qui tam" mean?
For the purposes of the suit
The law merchant
The law of retaliation — an eye for an eye
Who sues for the king as well as himself
Answer: D.
Ad valorem
According to value
A tax or duty calculated as a percentage of value, such as ad valorem court fees and stamp duty.
Quick check: What does "Ad valorem" mean?
The king never dies
A day on which courts do not sit
An action brought by any member of the public
According to value
Answer: D.
Nisi prius
Unless before
The name of old English civil trials before a judge and jury on circuit.
Quick check: What does "Nisi prius" mean?
No one can transfer to another a greater right than they have
Unless before
Will stands in place of reason
Fraud vitiates everything
Answer: B.
Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse
One who acts under a judge's order is not deemed to act with malice
Protects officers executing court orders — reflected in the Judicial Officers' Protection Act.
Quick check: What does "Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse" mean?
One who acts under a judge's order is not deemed to act with malice
Where there is no principal, there can be no accessory
Necessity knows no law
In times of war, the laws fall silent
Answer: A.
Nemo plus juris ad alium transferre potest quam ipse habet
No one can transfer to another a greater right than they have
The Roman source of the rule that a buyer gets no better title than the seller.
Quick check: What does "Nemo plus juris ad alium transferre potest quam ipse habet" mean?
What pleases the prince has the force of law
The emperor is not bound by the laws
No one can transfer to another a greater right than they have
An act of the law does no wrong to anyone
Answer: C.
Stat pro ratione voluntas
Will stands in place of reason
Describes arbitrary power exercised without reasons — the opposite of the rule of law.
Quick check: What does "Stat pro ratione voluntas" mean?
Will stands in place of reason
It is not my deed
Justice is the constant and perpetual will to render to each his due
Not of sound mind
Answer: A.
Fraus omnia corrumpit
Fraud vitiates everything
A judgment or order obtained by fraud is a nullity, as the Supreme Court held in S.P. Chengalvaraya Naidu (1994).
Quick check: What does "Fraus omnia corrumpit" mean?
As a matter of right, owed in justice
For this occasion only
Arising from contract, and arising from a wrong
Fraud vitiates everything
Answer: D.
Nemo potest facere per alium quod per se non potest
No one can do through another what they cannot do themselves
An agent cannot be authorised to do what the principal could not lawfully do.
Quick check: What does "Nemo potest facere per alium quod per se non potest" mean?
A right enforceable only by legal action
An unmarried woman, and a married woman under coverture
No one can do through another what they cannot do themselves
A right to take something from another's land
Answer: C.
Id quod plerumque accidit
That which usually happens
Courts draw presumptions from the ordinary course of events.
Quick check: What does "Id quod plerumque accidit" mean?
As a matter of form
That which usually happens
By the court
Give me the facts and I will give you the law
Answer: B.
Cui bono
Who benefits?
A question used to identify likely motive in criminal investigation.
Quick check: What does "Cui bono" mean?
The civil law of a particular state
Natural law
Who benefits?
The law of nations
Answer: C.
Nemo tenetur edere instrumenta contra se
No one is bound to produce documents against themselves
An aspect of the privilege against self-incrimination.
Quick check: What does "Nemo tenetur edere instrumenta contra se" mean?
According to value
No one is bound to produce documents against themselves
One who acts under a judge's order is not deemed to act with malice
Unless before
Answer: B.
Ubi non est principalis non potest esse accessorius
Where there is no principal, there can be no accessory
The traditional rule that accessory liability depends on a principal offence.
Quick check: What does "Ubi non est principalis non potest esse accessorius" mean?
That which usually happens
No one is bound to produce documents against themselves
Where there is no principal, there can be no accessory
Who benefits?
Answer: C.
In praesenti and in futuro
In the present, and in the future
Distinguishes a transfer that takes effect immediately from one that takes effect later.
Quick check: What does "In praesenti and in futuro" mean?
In the absence of the person
Between the parties
Caught in the act of committing an offence
In the present, and in the future
Answer: D.
De bene esse
Provisionally, subject to later objection
Evidence taken de bene esse may be used if the witness cannot attend the trial later.
Quick check: What does "De bene esse" mean?
By word of mouth
Not beyond what is asked
Knowingly
Provisionally, subject to later objection
Answer: D.
Ex cathedra
With the full authority of office
Used for authoritative pronouncements; originally of papal statements.
Quick check: What does "Ex cathedra" mean?
The law of the place where a marriage is celebrated
The law of the place of performance
The law governing the issue
With the full authority of office
Answer: D.
In absentia
In the absence of the person
A trial or judgment in absentia takes place without the accused being present.
Quick check: What does "In absentia" mean?
In the absence of the person
Caught in the act of committing an offence
With the full authority of office
Provisionally, subject to later objection
Answer: A.
In flagrante delicto
Caught in the act of committing an offence
Used where a person is caught red-handed.
Quick check: What does "In flagrante delicto" mean?
Knowingly
Caught in the act of committing an offence
A partner in the crime
The reason or purpose of a law
Answer: B.
Inter partes
Between the parties
A judgment inter partes binds only the parties, unlike a judgment in rem.
Quick check: What does "Inter partes" mean?
The law of the place where a marriage is celebrated
Between the parties
Before the event, and after the event
For the time being
Answer: B.
Lex scripta and lex non scripta
Written law, and unwritten law
Statutes are written law; custom and common law are traditionally called unwritten law.
Quick check: What does "Lex scripta and lex non scripta" mean?
In the present, and in the future
Provisionally, subject to later objection
Written law, and unwritten law
No action is given to one who has not been damaged
Answer: C.
Locus poenitentiae
A place for repentance
The opportunity to withdraw from a contract or criminal plan before it is completed.
Quick check: What does "Locus poenitentiae" mean?
A place for repentance
A partner in the crime
Written law, and unwritten law
The reason or purpose of a law
Answer: A.
Particeps criminis
A partner in the crime
An accomplice or participant in an offence.
Quick check: What does "Particeps criminis" mean?
Intention to remain
For the time being
Intention to revoke
A partner in the crime
Answer: D.
Ratio legis
The reason or purpose of a law
Courts look to the ratio legis to interpret a provision purposively.
Quick check: What does "Ratio legis" mean?
Sending back
No action is given to one who has not been damaged
The reason or purpose of a law
He undertook
Answer: C.
Scienter
Knowingly
Knowledge of the wrongdoing, relevant for example in liability for dangerous animals.
Quick check: What does "Scienter" mean?
Between the parties
Caught in the act of committing an offence
Knowingly
Written law, and unwritten law
Answer: C.
Non ultra petita
Not beyond what is asked
A court or tribunal should not grant more than the relief claimed; an arbitral award beyond the submission may be set aside.
Quick check: What does "Non ultra petita" mean?
Intention to revoke
By word of mouth
Intention to remain
Not beyond what is asked
Answer: D.
Viva voce
By word of mouth
Oral evidence or examination, as opposed to written.
Quick check: What does "Viva voce" mean?
By word of mouth
The law of the place of performance
The law governing the issue
Sending back
Answer: A.
Animus revocandi
Intention to revoke
The intention required to revoke a will.
Quick check: What does "Animus revocandi" mean?
Caught in the act of committing an offence
With the full authority of office
In the absence of the person
Intention to revoke
Answer: D.
Animus manendi
Intention to remain
The intention to reside permanently in a place, which together with residence establishes domicile.
Quick check: What does "Animus manendi" mean?
Intention to remain
The reason or purpose of a law
Not beyond what is asked
Knowingly
Answer: A.
Pro tempore
For the time being
Used for temporary appointments such as a pro tem Speaker.
Quick check: What does "Pro tempore" mean?
For the time being
The law of the place of performance
The law of the place where a marriage is celebrated
Before the event, and after the event
Answer: A.
Ex ante and ex post
Before the event, and after the event
Used to compare expectations before an event with results after it, especially in law and economics.
Quick check: What does "Ex ante and ex post" mean?
In the present, and in the future
Provisionally, subject to later objection
With the full authority of office
Before the event, and after the event
Answer: D.
Lex loci celebrationis
The law of the place where a marriage is celebrated
Governs the formal validity of a marriage in private international law.
Quick check: What does "Lex loci celebrationis" mean?
The reason or purpose of a law
A place for repentance
A partner in the crime
The law of the place where a marriage is celebrated
Answer: D.
Lex loci solutionis
The law of the place of performance
May govern aspects of a contract's performance in private international law.
Quick check: What does "Lex loci solutionis" mean?
For the time being
The law of the place of performance
Intention to remain
Before the event, and after the event
Answer: B.
Lex causae
The law governing the issue
The system of law chosen by conflict rules to decide a particular question.
Quick check: What does "Lex causae" mean?
No action is given to one who has not been damaged
The law governing the issue
He undertook
In the present, and in the future
Answer: B.
Renvoi
Sending back
Where a court's conflict rules point to a foreign law whose own rules point back or onward.
Quick check: What does "Renvoi" mean?
Sending back
Between the parties
Written law, and unwritten law
A place for repentance
Answer: A.
Assumpsit
He undertook
An old common law action for breach of an informal promise, from which modern contract law grew.
Quick check: What does "Assumpsit" mean?
Intention to revoke
By word of mouth
Intention to remain
He undertook
Answer: D.
Actio non datur non damnificato
No action is given to one who has not been damaged
Subject to exceptions such as injuria sine damno, where violation of a legal right is actionable without loss.
Quick check: What does "Actio non datur non damnificato" mean?
Sending back
No action is given to one who has not been damaged