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Library · Part H: Laws & the Language of Law

Legal Maxims

306 entries, all free to read.

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Actus non facit reum nisi mens sit rea

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?
  1. An act does not make a person guilty unless the mind is also guilty
  2. The body of the crime
  3. Before one who is not a judge
  4. 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?
  1. Having performed the office
  2. The guilty act
  3. The thing speaks for itself
  4. 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?
  1. The guilty mind
  2. False in one thing, false in everything
  3. He who acts through another acts himself
  4. 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?
  1. The burden of proof lies on the one who asserts, not on the one who denies
  2. The reason for the decision
  3. Let the master answer
  4. 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?
  1. No one should be troubled twice for the same cause
  2. A remark by the way
  3. A new intervening act
  4. 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?
  1. Through lack of care
  2. A personal action dies with the person
  3. No one is punished for another's wrong
  4. 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?
  1. An act done by me against my will is not my act
  2. Under silence
  3. Superior force
  4. 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?
  1. Elsewhere
  2. The body of the crime
  3. On its own motion
  4. 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?
  1. To be unwilling to prosecute
  2. A dying person is not presumed to lie
  3. A friend of the court
  4. 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?
  1. Of a wild nature
  2. False in one thing, false in everything
  3. Hear the other side
  4. 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?
  1. No one should be a judge in their own cause
  2. The burden of proof lies on the one who asserts, not on the one who denies
  3. In chambers
  4. 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?
  1. A place to stand
  2. A matter adjudged is accepted as the truth
  3. Things standing thus
  4. 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?
  1. Without a day
  2. A matter under judicial consideration
  3. No one is punished for another's wrong
  4. 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?
  1. No action arises from a bare promise
  2. Now for then
  3. An act done by me against my will is not my act
  4. 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?
  1. Elsewhere
  2. Because he fears
  3. No action arises from a base cause
  4. 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?
  1. The law does not compel the impossible
  2. Where both are equally at fault, the defendant's position is stronger
  3. Where there is a right, there is a remedy
  4. 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?
  1. Hear the other side
  2. As much as he has earned
  3. To a willing person, no injury is done
  4. 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?
  1. Something for something
  2. Damage without legal injury
  3. Having performed the office
  4. 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?
  1. Legal injury without damage
  2. Let the buyer beware
  3. To stand by things decided
  4. 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?
  1. The reason for the decision
  2. The thing speaks for itself
  3. A matter under judicial consideration
  4. 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?
  1. It is in the interest of the State that there be an end to litigation
  2. No one gives what he does not have
  3. A remark by the way
  4. 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?
  1. An act of the court shall prejudice no one
  2. Through lack of care
  3. Let the master answer
  4. 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?
  1. Under silence
  2. A pending suit
  3. A new intervening act
  4. 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?
  1. On its own motion
  2. Before one who is not a judge
  3. As near as possible
  4. 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?
  1. Having performed the office
  2. He who enjoys the benefit must also bear the burden
  3. A friend of the court
  4. 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?
  1. The intention to possess
  2. On behalf of one side
  3. To stand by things decided
  4. 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?
  1. The reason for the decision
  2. Things outside commerce
  3. Use your own property so as not to harm another's
  4. 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?
  1. Of a wild nature
  2. A place to stand
  3. Of the same kind
  4. 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?
  1. A word is known by its associates
  2. Through lack of care
  3. Without a day
  4. 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?
  1. Under silence
  2. Things standing thus
  3. Now for then
  4. 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?
  1. Because he fears
  2. On its own motion
  3. Agreement on the same thing in the same sense
  4. 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?
  1. A friend of the court
  2. Where there is a right, there is a remedy
  3. No action arises from a bare promise
  4. 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?
  1. On behalf of one side
  2. To a willing person, no injury is done
  3. No action arises from a base cause
  4. 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?
  1. A case omitted
  2. Damage without legal injury
  3. In chambers
  4. 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?
  1. A contemporaneous exposition is the best and strongest in law
  2. A place to stand
  3. As much as he has earned
  4. 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?
  1. Something for something
  2. When the reason for a law ceases, the law itself ceases
  3. Without a day
  4. 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?
  1. Now for then
  2. Let the buyer beware
  3. A delegate cannot delegate
  4. 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?
  1. Because he fears
  2. Beyond the powers
  3. Let the master answer
  4. 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?
  1. No one gives what he does not have
  2. A new intervening act
  3. The welfare of the people shall be the supreme law
  4. 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?
  1. A personal action dies with the person
  2. Let justice be done though the heavens fall
  3. To a willing person, no injury is done
  4. 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?
  1. A pending suit
  2. The King can do no wrong
  3. Superior force
  4. 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?
  1. Legal injury without damage
  2. Restoration to the original condition
  3. No one is above the law
  4. 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?
  1. Use your own property so as not to harm another's
  2. The thing speaks for itself
  3. The law is harsh, but it is the law
  4. 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?
  1. He who acts through another acts himself
  2. Ignorance of the law is no excuse
  3. Of a wild nature
  4. 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?
  1. Things outside commerce
  2. Ignorance of fact is an excuse
  3. Agreements must be kept
  4. 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?
  1. Things standing thus
  2. The law helps the vigilant, not those who sleep on their rights
  3. Of the same kind
  4. 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?
  1. Agreement on the same thing in the same sense
  2. Parent of the nation
  3. A personal action dies with the person
  4. 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?
  1. The express mention of one thing excludes others
  2. No action arises from a bare promise
  3. After the fact
  4. 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?
  1. No action arises from a base cause
  2. General provisions do not override special ones
  3. Restoration to the original condition
  4. 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?
  1. Use your own property so as not to harm another's
  2. Where both are equally at fault, the defendant's position is stronger
  3. Later laws repeal earlier contrary laws
  4. 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?
  1. It is better for a thing to have effect than to be made void
  2. From the beginning
  3. As much as he has earned
  4. 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?
  1. In good faith
  2. Something for something
  3. A case omitted
  4. 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?
  1. Things standing thus
  2. In fact, and in law
  3. Let the buyer beware
  4. 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?
  1. When the reason for a law ceases, the law itself ceases
  2. Let the seller beware
  3. Agreement on the same thing in the same sense
  4. 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?
  1. No one gives what he does not have
  2. Among other things
  3. A delegate cannot delegate
  4. 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?
  1. He who is earlier in time is stronger in right
  2. No action arises from a base cause
  3. For the public good
  4. 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?
  1. Where both are equally at fault, the defendant's position is stronger
  2. The welfare of the people shall be the supreme law
  3. A pending suit
  4. 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?
  1. Let justice be done though the heavens fall
  2. As near as possible
  3. With equal step
  4. 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?
  1. Without which, not
  2. He who enjoys the benefit must also bear the burden
  3. The King can do no wrong
  4. 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?
  1. No one is above the law
  2. Let the buyer beware
  3. The state in which things were before
  4. 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?
  1. Let the seller beware
  2. The law is harsh, but it is the law
  3. Things outside commerce
  4. 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?
  1. No one gives what he does not have
  2. Of its own kind
  3. Ignorance of the law is no excuse
  4. 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?
  1. A word is known by its associates
  2. He who is earlier in time is stronger in right
  3. Ignorance of fact is an excuse
  4. 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?
  1. In proportion
  2. A pending suit
  3. The law helps the vigilant, not those who sleep on their rights
  4. 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?
  1. At the threshold
  2. Parent of the nation
  3. As near as possible
  4. 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?
  1. Later laws repeal earlier contrary laws
  2. He who enjoys the benefit must also bear the burden
  3. After the fact
  4. 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?
  1. It is better for a thing to have effect than to be made void
  2. In the meantime
  3. The intention to possess
  4. 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?
  1. A case omitted
  2. He who is silent is taken to consent
  3. Afresh
  4. 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?
  1. Of the same kind
  2. A contemporaneous exposition is the best and strongest in law
  3. Compelling law
  4. 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?
  1. In good faith
  2. When the reason for a law ceases, the law itself ceases
  3. A word is known by its associates
  4. 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?
  1. In fact, and in law
  2. The express mention of one thing excludes others
  3. A delegate cannot delegate
  4. 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?
  1. Beyond the powers
  2. At first sight
  3. General provisions do not override special ones
  4. 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?
  1. Later laws repeal earlier contrary laws
  2. As you possess, so you may possess
  3. Among other things
  4. 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?
  1. For the public good
  2. Enemy of all mankind
  3. It is better for a thing to have effect than to be made void
  4. 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?
  1. The free sea
  2. The King can do no wrong
  3. A case omitted
  4. 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?
  1. Equitable relief requires honest conduct by the claimant
  2. No one is above the law
  3. A contemporaneous exposition is the best and strongest in law
  4. 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?
  1. When the reason for a law ceases, the law itself ceases
  2. The law is harsh, but it is the law
  3. Without which, not
  4. 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?
  1. The state in which things were before
  2. Unreasonable delay bars equitable relief
  3. Ignorance of the law is no excuse
  4. 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?
  1. Beyond the powers
  2. By the fact itself
  3. Ignorance of fact is an excuse
  4. 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?
  1. The welfare of the people shall be the supreme law
  2. Of its own kind
  3. The law helps the vigilant, not those who sleep on their rights
  4. 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?
  1. Of one's own right
  2. Parent of the nation
  3. Equity operates on the conscience of the person
  4. 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?
  1. After the fact
  2. In proportion
  3. The King can do no wrong
  4. 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?
  1. The guilty act
  2. Where there is society, there is law
  3. At the threshold
  4. 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?
  1. For this purpose
  2. He who is silent is taken to consent
  3. The guilty mind
  4. 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?
  1. No crime and no punishment without a pre-existing law
  2. Ignorance of the law is no excuse
  3. From the beginning
  4. 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?
  1. Ignorance of fact is an excuse
  2. In good faith
  3. No one should be troubled twice for the same cause
  4. 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?
  1. Compelling law
  2. In fact, and in law
  3. No one is bound to accuse himself
  4. 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?
  1. At first sight
  2. Incapable of crime
  3. Parent of the nation
  4. 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?
  1. The body of the crime
  2. Among other things
  3. An opinion of law or necessity
  4. 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?
  1. Where there is society, there is law
  2. Land belonging to no one
  3. For the public good
  4. 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?
  1. With the necessary changes
  2. As you possess, so you may possess
  3. He who is silent is taken to consent
  4. 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?
  1. Enemy of all mankind
  2. The burden of proof lies on the one who asserts, not on the one who denies
  3. With equal step
  4. 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?
  1. The free sea
  2. In good faith
  3. The burden of proof lies on the plaintiff
  4. 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?
  1. The state in which things were before
  2. No one is punished for another's wrong
  3. Equitable relief requires honest conduct by the claimant
  4. 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?
  1. At first sight
  2. A claimant seeking equitable relief must act fairly towards the other side
  3. An act done by me against my will is not my act
  4. 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?
  1. Of its own kind
  2. Unreasonable delay bars equitable relief
  3. Elsewhere
  4. 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?
  1. Equity does not override legal rules without reason
  2. Of one's own right
  3. To be unwilling to prosecute
  4. 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?
  1. In proportion
  2. Where there is no reason to prefer anyone, equal division is fair
  3. With the necessary changes
  4. 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?
  1. At the threshold
  2. No one should be a judge in their own cause
  3. With equal step
  4. 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?
  1. Without which, not
  2. For this purpose
  3. An act does not make a person guilty unless the mind is also guilty
  4. 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?
  1. The state in which things were before
  2. A matter under judicial consideration
  3. In the meantime
  4. 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?
  1. It is in the interest of the State that there be an end to litigation
  2. Afresh
  3. The guilty mind
  4. 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?
  1. Compelling law
  2. An act of the court shall prejudice no one
  3. No crime and no punishment without a pre-existing law
  4. 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?
  1. No one should be troubled twice for the same cause
  2. Towards all
  3. The law does not compel the impossible
  4. 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?
  1. No one is bound to accuse himself
  2. An opinion of law or necessity
  3. In proportion
  4. 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?
  1. Having performed the office
  2. Land belonging to no one
  3. Incapable of crime
  4. 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?
  1. The body of the crime
  2. For this purpose
  3. To stand by things decided
  4. 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?
  1. A dying person is not presumed to lie
  2. Enemy of all mankind
  3. In the meantime
  4. 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?
  1. A remark by the way
  2. The free sea
  3. Afresh
  4. 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?
  1. Equitable relief requires honest conduct by the claimant
  2. The burden of proof lies on the one who asserts, not on the one who denies
  3. Through lack of care
  4. 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?
  1. The burden of proof lies on the plaintiff
  2. Under silence
  3. Towards all
  4. 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?
  1. No one is punished for another's wrong
  2. An opinion of law or necessity
  3. On its own motion
  4. 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?
  1. A friend of the court
  2. Equity does not override legal rules without reason
  3. An act done by me against my will is not my act
  4. 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?
  1. On behalf of one side
  2. Where there is no reason to prefer anyone, equal division is fair
  3. As you possess, so you may possess
  4. 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?
  1. To be unwilling to prosecute
  2. Equity operates on the conscience of the person
  3. In chambers
  4. 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?
  1. An act does not make a person guilty unless the mind is also guilty
  2. Hear the other side
  3. The free sea
  4. 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?
  1. No one should be a judge in their own cause
  2. The guilty act
  3. Without a day
  4. 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?
  1. A matter adjudged is accepted as the truth
  2. A claimant seeking equitable relief must act fairly towards the other side
  3. Now for then
  4. 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?
  1. Because he fears
  2. Unreasonable delay bars equitable relief
  3. A matter under judicial consideration
  4. 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?
  1. No one should be troubled twice for the same cause
  2. It is in the interest of the State that there be an end to litigation
  3. Equity does not override legal rules without reason
  4. 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?
  1. An act of the court shall prejudice no one
  2. No one is bound to accuse himself
  3. Where there is no reason to prefer anyone, equal division is fair
  4. 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?
  1. Damage without legal injury
  2. The law does not compel the impossible
  3. Equity operates on the conscience of the person
  4. 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?
  1. A judge cannot be a witness in his own cause
  2. The father is he whom the marriage indicates
  3. Let the signer beware
  4. 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?
  1. That is certain which can be made certain
  2. The law will always give a remedy
  3. One who alleges contradictory things is not to be heard
  4. 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?
  1. Of the utmost good faith
  2. The law always abhors delays
  3. An untouched matter
  4. 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?
  1. Justice is to be denied to no one
  2. In law, the proximate and not the remote cause is regarded
  3. The plaintiff follows the forum of the defendant
  4. 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?
  1. One who alleges his own wrongdoing is not to be heard
  2. During litigation, nothing new should be introduced
  3. The immediate cause
  4. 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?
  1. All acts are presumed to have been done rightly
  2. One wrong does not justify another
  3. Suppression of the truth is suggestion of falsehood
  4. 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?
  1. In crimes, the intention and not the result is regarded
  2. Everything is presumed against the wrongdoer
  3. The law does not require proof of what is apparent to the court
  4. 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?
  1. He who sins when drunk shall be punished when sober
  2. What is invalid from the beginning does not become valid by lapse of time
  3. Want of skill is counted as negligence
  4. 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?
  1. Extreme law is extreme injustice
  2. A madman has no will
  3. The practice of the court is the law of the court
  4. 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?
  1. An infant differs little from a madman
  2. An unjust law is no law at all
  3. An untouched matter
  4. 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?
  1. The plaintiff follows the forum of the defendant
  2. Who will guard the guardians themselves?
  3. Whatever is affixed to the soil belongs to the soil
  4. 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?
  1. No one is the heir of a living person
  2. When in doubt, in favour of the accused
  3. The crime carries the person
  4. 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?
  1. One witness is no witness
  2. Movables follow the person
  3. All acts are presumed to have been done rightly
  4. 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?
  1. The accessory follows the principal
  2. A transaction between others should not prejudice a third party
  3. Everything is presumed against the wrongdoer
  4. 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?
  1. What is invalid from the beginning does not become valid by lapse of time
  2. An assignee enjoys the rights of the assignor
  3. Wrong because prohibited
  4. 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?
  1. The presumption is always in favour of the legitimacy of children
  2. Extreme law is extreme injustice
  3. Consent makes the law
  4. 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?
  1. The father is he whom the marriage indicates
  2. An unjust law is no law at all
  3. A gift in contemplation of death
  4. 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?
  1. The intention to make a will
  2. Let the doer beware
  3. One who alleges contradictory things is not to be heard
  4. 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?
  1. Between living persons
  2. When in doubt, in favour of the accused
  3. One who approbates cannot reprobate
  4. 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?
  1. One witness is no witness
  2. By heads
  3. That is certain which can be made certain
  4. 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?
  1. One who alleges his own wrongdoing is not to be heard
  2. Of the utmost good faith
  3. By stocks or branches
  4. 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?
  1. In law, the proximate and not the remote cause is regarded
  2. As a matter of favour
  3. Suppression of the truth is suggestion of falsehood
  4. 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?
  1. The presumption is always in favour of the legitimacy of children
  2. By virtue of office
  3. The immediate cause
  4. 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?
  1. He who sins when drunk shall be punished when sober
  2. Against a person
  3. One wrong does not justify another
  4. 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?
  1. A madman has no will
  2. One who alleges contradictory things is not to be heard
  3. Against a thing
  4. 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?
  1. An infant differs little from a madman
  2. One who approbates cannot reprobate
  3. Want of skill is counted as negligence
  4. 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?
  1. Malice supplies the want of age
  2. No one can go against his own deed
  3. An act of God does no injury to anyone
  4. 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?
  1. With what intention
  2. Whoever owns the soil owns up to the heavens and down to the depths
  3. One who alleges his own wrongdoing is not to be heard
  4. 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?
  1. Suppression of the truth is suggestion of falsehood
  2. The intention to steal
  3. The law does not concern itself with trifles
  4. 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?
  1. In crimes, the intention and not the result is regarded
  2. Wrong in itself
  3. Against the one who put it forward
  4. 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?
  1. Wrong because prohibited
  2. Movables follow the person
  3. He who sins when drunk shall be punished when sober
  4. 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?
  1. One must not depart from the words of the law
  2. A madman has no will
  3. The accessory follows the principal
  4. 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?
  1. An infant differs little from a madman
  2. An absolute sentence needs no interpreter
  3. An assignee enjoys the rights of the assignor
  4. 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?
  1. Let the doer beware
  2. No one may change his purpose to the injury of another
  3. Referring each to each
  4. 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?
  1. Custom is the best interpreter of laws
  2. A gift in contemplation of death
  3. The crime carries the person
  4. 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?
  1. The intention to make a will
  2. The intention to steal
  3. Common error makes law
  4. 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?
  1. Of the utmost good faith
  2. Where there is the same reason, there is the same law
  3. Between living persons
  4. 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?
  1. By heads
  2. A new law should regulate the future, not the past
  3. In law, the proximate and not the remote cause is regarded
  4. 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?
  1. By stocks or branches
  2. Where the law does not distinguish, neither should we
  3. Consent makes the law
  4. 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?
  1. Custom and agreement override the law
  2. As a matter of favour
  3. He who clings to the letter clings to the bark
  4. 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?
  1. Let the doer beware
  2. By virtue of office
  3. The useful is not vitiated by the useless
  4. 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?
  1. Let the signer beware
  2. Against a person
  3. What is expressed makes what is implied cease
  4. 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?
  1. An act of God does no injury to anyone
  2. That is certain which can be made certain
  3. Against a thing
  4. 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?
  1. In the place of a parent
  2. Whoever owns the soil owns up to the heavens and down to the depths
  3. Of the utmost good faith
  4. 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?
  1. Whatever is affixed to the soil belongs to the soil
  2. The law of the forum
  3. To that extent
  4. 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?
  1. No one is the heir of a living person
  2. The law of the domicile
  3. With what intention
  4. 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?
  1. Movables follow the person
  2. One wrong does not justify another
  3. The law does not concern itself with trifles
  4. 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?
  1. The accessory follows the principal
  2. Gross negligence is equivalent to intentional wrong
  3. Against the one who put it forward
  4. 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?
  1. General words are to be understood generally
  2. Want of skill is counted as negligence
  3. An assignee enjoys the rights of the assignor
  4. 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?
  1. An act of God does no injury to anyone
  2. One must not depart from the words of the law
  3. No one may change his purpose to the injury of another
  4. 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?
  1. Law does not arise from injustice
  2. Whoever owns the soil owns up to the heavens and down to the depths
  3. An absolute sentence needs no interpreter
  4. 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?
  1. The intention to make a will
  2. Referring each to each
  3. Whatever is affixed to the soil belongs to the soil
  4. 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?
  1. Custom is the best interpreter of laws
  2. A thing belonging to no one
  3. Between living persons
  4. 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?
  1. A thing belonging to all
  2. Common error makes law
  3. Movables follow the person
  4. 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?
  1. The accessory follows the principal
  2. Where there is the same reason, there is the same law
  3. By stocks or branches
  4. 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?
  1. As a matter of favour
  2. A new law should regulate the future, not the past
  3. An assignee enjoys the rights of the assignor
  4. 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?
  1. By virtue of office
  2. No one may change his purpose to the injury of another
  3. Right of the soil
  4. 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?
  1. Right of blood
  2. Against a person
  3. A gift in contemplation of death
  4. 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?
  1. The intention to make a will
  2. The useful is not vitiated by the useless
  3. Against a thing
  4. 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?
  1. Between living persons
  2. In the place of a parent
  3. Immunity by reason of the person
  4. 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?
  1. By heads
  2. An unwelcome person
  3. To that extent
  4. 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?
  1. With what intention
  2. By stocks or branches
  3. No one can take advantage of his own wrong
  4. 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?
  1. As a matter of favour
  2. The law of the forum
  3. The law does not concern itself with trifles
  4. 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?
  1. Against the one who put it forward
  2. The law of the domicile
  3. The law always abhors delays
  4. 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?
  1. The law of the place where the wrong was committed
  2. General words are to be understood generally
  3. Against a person
  4. 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?
  1. Against a thing
  2. Treaties neither harm nor benefit third states
  3. One must not depart from the words of the law
  4. 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?
  1. An equal has no authority over an equal
  2. In the place of a parent
  3. The law compels no one to do vain or useless things
  4. 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?
  1. Either extradite or prosecute
  2. To that extent
  3. The law does not require proof of what is apparent to the court
  4. 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?
  1. Law does not arise from injustice
  2. A judge cannot be a witness in his own cause
  3. With what intention
  4. 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?
  1. The practice of the court is the law of the court
  2. The law arises from facts
  3. Common error makes law
  4. 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?
  1. Against the one who put it forward
  2. A thing belonging to no one
  3. Where there is the same reason, there is the same law
  4. 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?
  1. The plaintiff follows the forum of the defendant
  2. General words are to be understood generally
  3. A new law should regulate the future, not the past
  4. 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?
  1. Where the law does not distinguish, neither should we
  2. During litigation, nothing new should be introduced
  3. One must not depart from the words of the law
  4. 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?
  1. All acts are presumed to have been done rightly
  2. An absolute sentence needs no interpreter
  3. He who clings to the letter clings to the bark
  4. 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?
  1. Right of the soil
  2. Referring each to each
  3. The useful is not vitiated by the useless
  4. 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?
  1. What is invalid from the beginning does not become valid by lapse of time
  2. What is expressed makes what is implied cease
  3. Right of blood
  4. 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?
  1. Extreme law is extreme injustice
  2. Immunity by reason of the subject matter
  3. Common error makes law
  4. 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?
  1. Where there is the same reason, there is the same law
  2. The law of the place where the property is situated
  3. Immunity by reason of the person
  4. 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?
  1. Who will guard the guardians themselves?
  2. An unwelcome person
  3. A new law should regulate the future, not the past
  4. 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?
  1. The law of the domicile
  2. No one can take advantage of his own wrong
  3. Where the law does not distinguish, neither should we
  4. 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?
  1. The law of the place where the wrong was committed
  2. One witness is no witness
  3. He who clings to the letter clings to the bark
  4. 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?
  1. Treaties neither harm nor benefit third states
  2. The useful is not vitiated by the useless
  3. The law always abhors delays
  4. 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?
  1. What is expressed makes what is implied cease
  2. An equal has no authority over an equal
  3. Justice is to be denied to no one
  4. 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?
  1. Either extradite or prosecute
  2. The presumption is always in favour of the legitimacy of children
  3. The law of the place where the contract is made
  4. 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?
  1. The father is he whom the marriage indicates
  2. The law of the place where the property is situated
  3. The law compels no one to do vain or useless things
  4. 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?
  1. One who alleges contradictory things is not to be heard
  2. The law arises from facts
  3. The law of the forum
  4. 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?
  1. A thing belonging to no one
  2. The law of the domicile
  3. A judge cannot be a witness in his own cause
  4. 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?
  1. A thing belonging to all
  2. The law of the place where the wrong was committed
  3. The practice of the court is the law of the court
  4. 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?
  1. An untouched matter
  2. The law on the resort to force
  3. One who alleges his own wrongdoing is not to be heard
  4. 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?
  1. An equal has no authority over an equal
  2. The law in war
  3. Suppression of the truth is suggestion of falsehood
  4. 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?
  1. Right of the soil
  2. During litigation, nothing new should be introduced
  3. In crimes, the intention and not the result is regarded
  4. 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?
  1. Law does not arise from injustice
  2. All acts are presumed to have been done rightly
  3. He who sins when drunk shall be punished when sober
  4. 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?
  1. Everything is presumed against the wrongdoer
  2. A madman has no will
  3. Immunity by reason of the subject matter
  4. 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?
  1. An infant differs little from a madman
  2. What is invalid from the beginning does not become valid by lapse of time
  3. A thing belonging to no one
  4. 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?
  1. Extreme law is extreme injustice
  2. A thing belonging to all
  3. Malice supplies the want of age
  4. 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?
  1. No one can take advantage of his own wrong
  2. An unjust law is no law at all
  3. The law on the resort to force
  4. 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?
  1. Who will guard the guardians themselves?
  2. The law will always give a remedy
  3. The law in war
  4. 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?
  1. The law always abhors delays
  2. When in doubt, in favour of the accused
  3. Wrong in itself
  4. 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?
  1. Justice is to be denied to no one
  2. Wrong because prohibited
  3. One witness is no witness
  4. 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?
  1. It is the part of a good judge to enlarge his jurisdiction (remedies)
  2. Immunity by reason of the subject matter
  3. Consent makes the law
  4. 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?
  1. The law compels no one to do vain or useless things
  2. A confession made in court is greater than all proof
  3. Custom and agreement override the law
  4. 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?
  1. Let the doer beware
  2. An unwelcome person
  3. The presumption is always in favour of the legitimacy of children
  4. 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?
  1. No action arises from fraud
  2. A specific law prevails over a general law
  3. Necessity knows no law
  4. 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?
  1. When the cause ceases, the effect ceases
  2. In times of war, the laws fall silent
  3. Live honestly, harm no one, give each his due
  4. 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?
  1. One who does not prevent what one can prevent is taken to assent
  2. On the face of it
  3. The voice of the people is the voice of God
  4. 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?
  1. The person for whose benefit a trust is held
  2. Formerly acquitted, formerly convicted
  3. Hear ye
  4. 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?
  1. To speak the truth
  2. The court knows the law
  3. A specific law prevails over a general law
  4. 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?
  1. A higher law prevails over a lower law
  2. The right of a third party
  3. The law merchant
  4. 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?
  1. A day on which courts do not sit
  2. The king never dies
  3. Who sues for the king as well as himself
  4. 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?
  1. No one can do through another what they cannot do themselves
  2. Fraud vitiates everything
  3. The emperor is not bound by the laws
  4. 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?
  1. An act of the law does no wrong to anyone
  2. Necessity knows no law
  3. The voice of the people is the voice of God
  4. 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?
  1. Execution of law does no injury
  2. The emperor is not bound by the laws
  3. An act of the law does no wrong to anyone
  4. 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?
  1. It is not my deed
  2. The instigator sins more than the doer
  3. When the cause ceases, the effect ceases
  4. 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?
  1. The judge is condemned when the guilty is acquitted
  2. For this occasion only
  3. Things done as part of the same transaction
  4. 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?
  1. A right to take something from another's land
  2. Live honestly, harm no one, give each his due
  3. It seems
  4. 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?
  1. By the court
  2. For the purposes of the suit
  3. As a matter of form
  4. 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?
  1. The civil law of a particular state
  2. It is not my deed
  3. An action brought by any member of the public
  4. 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?
  1. Unless before
  2. Not of sound mind
  3. No one can transfer to another a greater right than they have
  4. 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?
  1. Who benefits?
  2. The instigator sins more than the doer
  3. No one is bound to produce documents against themselves
  4. 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?
  1. One who does not prevent what one can prevent is taken to assent
  2. What pleases the prince has the force of law
  3. A specific law prevails over a general law
  4. 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?
  1. Live honestly, harm no one, give each his due
  2. The judge is condemned when the guilty is acquitted
  3. Justice is the constant and perpetual will to render to each his due
  4. 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?
  1. As a matter of right, owed in justice
  2. Out of abundant caution
  3. Arising from contract, and arising from a wrong
  4. 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?
  1. An unmarried woman, and a married woman under coverture
  2. Hear ye
  3. The person for whose benefit a trust is held
  4. 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?
  1. What is not on the record does not exist
  2. The court knows the law
  3. Arising from contract, and arising from a wrong
  4. 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?
  1. Natural law
  2. For this occasion only
  3. The law of retaliation — an eye for an eye
  4. 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?
  1. A day on which courts do not sit
  2. Who sues for the king as well as himself
  3. Things done as part of the same transaction
  4. 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?
  1. No one can do through another what they cannot do themselves
  2. Fraud vitiates everything
  3. Formerly acquitted, formerly convicted
  4. 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?
  1. The voice of the people is the voice of God
  2. The person for whose benefit a trust is held
  3. No action arises from fraud
  4. 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?
  1. Hear ye
  2. When the cause ceases, the effect ceases
  3. Execution of law does no injury
  4. 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?
  1. One who does not prevent what one can prevent is taken to assent
  2. An unmarried woman, and a married woman under coverture
  3. Not of sound mind
  4. 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?
  1. Formerly acquitted, formerly convicted
  2. Things done as part of the same transaction
  3. For this occasion only
  4. 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?
  1. A right to take something from another's land
  2. What is not on the record does not exist
  3. It seems
  4. 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?
  1. By the court
  2. The law merchant
  3. For the purposes of the suit
  4. 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?
  1. The civil law of a particular state
  2. The king never dies
  3. To speak the truth
  4. 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?
  1. Will stands in place of reason
  2. What is not on the record does not exist
  3. One who acts under a judge's order is not deemed to act with malice
  4. 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?
  1. No one is bound to produce documents against themselves
  2. The court knows the law
  3. Necessity knows no law
  4. 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?
  1. A higher law prevails over a lower law
  2. The emperor is not bound by the laws
  3. Give me the facts and I will give you the law
  4. 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?
  1. As a matter of form
  2. Live honestly, harm no one, give each his due
  3. Justice is the constant and perpetual will to render to each his due
  4. 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?
  1. By the court
  2. As a matter of right, owed in justice
  3. Out of abundant caution
  4. 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?
  1. A right enforceable only by legal action
  2. For the purposes of the suit
  3. Hear ye
  4. 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?
  1. Give me the facts and I will give you the law
  2. As a matter of form
  3. The law merchant
  4. 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?
  1. Natural law
  2. The right of a third party
  3. The law of retaliation — an eye for an eye
  4. 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?
  1. Unless before
  2. According to value
  3. The right of a third party
  4. 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?
  1. That which usually happens
  2. Natural law
  3. No one can do through another what they cannot do themselves
  4. 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?
  1. No action arises from fraud
  2. The law of nations
  3. The voice of the people is the voice of God
  4. 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?
  1. Execution of law does no injury
  2. The civil law of a particular state
  3. The judge is condemned when the guilty is acquitted
  4. 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?
  1. On the face of it
  2. An action brought by any member of the public
  3. The instigator sins more than the doer
  4. 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?
  1. Things done as part of the same transaction
  2. The person for whose benefit a trust is held
  3. The king never dies
  4. 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?
  1. It seems
  2. A day on which courts do not sit
  3. What is not on the record does not exist
  4. 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?
  1. For the purposes of the suit
  2. The law merchant
  3. The law of retaliation — an eye for an eye
  4. 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?
  1. The king never dies
  2. A day on which courts do not sit
  3. An action brought by any member of the public
  4. 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?
  1. No one can transfer to another a greater right than they have
  2. Unless before
  3. Will stands in place of reason
  4. 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?
  1. One who acts under a judge's order is not deemed to act with malice
  2. Where there is no principal, there can be no accessory
  3. Necessity knows no law
  4. 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?
  1. What pleases the prince has the force of law
  2. The emperor is not bound by the laws
  3. No one can transfer to another a greater right than they have
  4. 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?
  1. Will stands in place of reason
  2. It is not my deed
  3. Justice is the constant and perpetual will to render to each his due
  4. 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?
  1. As a matter of right, owed in justice
  2. For this occasion only
  3. Arising from contract, and arising from a wrong
  4. 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?
  1. A right enforceable only by legal action
  2. An unmarried woman, and a married woman under coverture
  3. No one can do through another what they cannot do themselves
  4. 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?
  1. As a matter of form
  2. That which usually happens
  3. By the court
  4. 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?
  1. The civil law of a particular state
  2. Natural law
  3. Who benefits?
  4. 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?
  1. According to value
  2. No one is bound to produce documents against themselves
  3. One who acts under a judge's order is not deemed to act with malice
  4. 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?
  1. That which usually happens
  2. No one is bound to produce documents against themselves
  3. Where there is no principal, there can be no accessory
  4. 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?
  1. In the absence of the person
  2. Between the parties
  3. Caught in the act of committing an offence
  4. 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?
  1. By word of mouth
  2. Not beyond what is asked
  3. Knowingly
  4. 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?
  1. The law of the place where a marriage is celebrated
  2. The law of the place of performance
  3. The law governing the issue
  4. 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?
  1. In the absence of the person
  2. Caught in the act of committing an offence
  3. With the full authority of office
  4. 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?
  1. Knowingly
  2. Caught in the act of committing an offence
  3. A partner in the crime
  4. 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?
  1. The law of the place where a marriage is celebrated
  2. Between the parties
  3. Before the event, and after the event
  4. 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?
  1. In the present, and in the future
  2. Provisionally, subject to later objection
  3. Written law, and unwritten law
  4. 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?
  1. A place for repentance
  2. A partner in the crime
  3. Written law, and unwritten law
  4. 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?
  1. Intention to remain
  2. For the time being
  3. Intention to revoke
  4. 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?
  1. Sending back
  2. No action is given to one who has not been damaged
  3. The reason or purpose of a law
  4. He undertook

Answer: C.

Scienter

Knowingly

Knowledge of the wrongdoing, relevant for example in liability for dangerous animals.

Quick check: What does "Scienter" mean?
  1. Between the parties
  2. Caught in the act of committing an offence
  3. Knowingly
  4. 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?
  1. Intention to revoke
  2. By word of mouth
  3. Intention to remain
  4. 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?
  1. By word of mouth
  2. The law of the place of performance
  3. The law governing the issue
  4. Sending back

Answer: A.

Animus revocandi

Intention to revoke

The intention required to revoke a will.

Quick check: What does "Animus revocandi" mean?
  1. Caught in the act of committing an offence
  2. With the full authority of office
  3. In the absence of the person
  4. 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?
  1. Intention to remain
  2. The reason or purpose of a law
  3. Not beyond what is asked
  4. 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?
  1. For the time being
  2. The law of the place of performance
  3. The law of the place where a marriage is celebrated
  4. 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?
  1. In the present, and in the future
  2. Provisionally, subject to later objection
  3. With the full authority of office
  4. 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?
  1. The reason or purpose of a law
  2. A place for repentance
  3. A partner in the crime
  4. 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?
  1. For the time being
  2. The law of the place of performance
  3. Intention to remain
  4. 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?
  1. No action is given to one who has not been damaged
  2. The law governing the issue
  3. He undertook
  4. 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?
  1. Sending back
  2. Between the parties
  3. Written law, and unwritten law
  4. 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?
  1. Intention to revoke
  2. By word of mouth
  3. Intention to remain
  4. 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?
  1. Sending back
  2. No action is given to one who has not been damaged
  3. He undertook
  4. The law governing the issue

Answer: B.