100 Legal Maxims for CLAT

These flashcards cover key legal maxims essential for understanding legal principles in preparation for the CLAT exam.

Ab Initio

From the beginning; something that is valid or applicable from the very start.

Actionable per se

The very act is punishable, and no proof of damage is required.

Actio personalis moritur cum persona

A personal right of action dies with the person.

Actori incumbit onus probandi

The burden of proof is on the plaintiff.

Actus Reus Non Facit Reum Nisi Mens Sit Rea

Conviction of a crime requires proof of a criminal act and intent.

Ad hoc

For the particular end or case at hand.

Alibi

At another place; providing an alternative explanation for one's whereabouts.

Amicus Curiae

A friend of the court; a person who assists the court with their expertise.

Ante Litem Motam

Before a suit is brought or controversy arises.

Assentio mentium

The meeting of minds; mutual agreement.

Audi alteram partem

No man shall be condemned unheard; everyone has the right to be heard.

Bona fide

In good faith; acting sincerely and honestly.

Bona vacantia

Goods without an owner; unclaimed property.

Boni judicis est ampliare jurisdictionem

A good judge has the authority to enlarge their jurisdiction.

Caveat

A caution registered to notify the court prior to action.

Caveat actor

Let the doer beware; a warning to those taking action.

Caveat emptor

Let the buyer beware; the buyer is responsible for their purchases.

Caveat venditor

Let the seller beware; the seller must be honest.

Certiorari

A writ used to quash orders from an inferior court.

Corpus

Body; often used in legal contexts.

Corpus delicti

The facts constituting a crime and evidence of its commission.

Damnum sine injuria

Damage without legal injury; no violation of a legal right.

De facto

In fact; a situation that exists in practice.

De jure

By law; recognized or established legally.

De minimis

About minimal things; insignificant matters.

De Minimis Non Curat Lex

The law does not concern itself with trifles.

De novo

To make something anew; starting fresh.

Dictum

A judge's statement of law not necessary to the decision.

Doli incapax

Incapable of crime; typically refers to minors.

Detinue

The tort of wrongfully holding goods belonging to another.

Donatio mortis causa

A gift made in anticipation of imminent death.

Estoppel

Prevented from denying; a legal doctrine.

Ex gratia

As a favor; something done voluntarily without obligation.

Ex officio

By virtue of the office held; authority from one’s position.

Ex parte

Proceedings in the absence of the other party.

Ex post facto

After the fact; applies retroactively.

Fatum

Beyond human foresight; unforeseen events.

Factum probans

Relevant fact in establishing a claim.

Fraus est celare fraudem

It is a fraud to conceal a fraud.

Functus officio

No longer having power or authority.

Furiosi nulla voluntas est

Mentally impaired persons cannot legally consent.

Habeas corpus

A writ to bring a person before a judge to ensure lawful detention.

Ignorantia juris non-excusat

Ignorance of the law excuses no one.

Injuria sine damno

Injury without damage; infringement without actual harm.

Ipso facto

By the mere fact itself; automatic result.

In promptu

In readiness; prepared.

In lieu of

Instead of; as a substitute.

In personam

A legal proceeding directed against a specific individual.

Innuendo

Defamatory spoken words with a double meaning.

In status quo

In the current state or condition.

Lex retro non agit

The law does not act retrospectively.

Nemo dat quod non habet

No one can give what they do not have.

Nulla poena sine lege

No punishment without a law.

Pacta sunt servanda

Agreements must be kept.

Prima facie

On the face of it; presumed to be true unless proven otherwise.

Qui facit per alium facit per se

He who acts through another acts on his own behalf.

Res ipsa loquitur

The thing speaks for itself; implies negligence.

Res judicata

A matter already judged; prevents re-litigation.

Stare decisis

To stand by things decided; following precedent.

Ubi jus, ibi remedium

Where there is a right, there is a remedy.

Volenti non fit injuria

To a willing person, no injury is done; assumes risk.

Nemo debet esse judex in propria causa

No one should judge their own cause.

Actio personalis cum moritur persona

A personal action dies with the person.

Quod non apparet, non est

What does not appear, does not exist.

Ignorantia facti excusat

Ignorance of fact excuses liability.

Modus operandi

Method of operation; characteristic way of doing things.

Nunc pro tunc

Now for then; retroactively validates a legal act.

Parens patriae

Parent of the country; state as guardian.

Ratio decidendi

Reason for the decision; legal grounds.

Respondeat superior

Let the master answer; employer’s liability.

Audiencia et altera pars

Hear the other side as well; importance of both arguments.

Boni mores

Good morals; principles of moral conduct.

Causa mortis

On account of death; actions due to a person's death.

Cuius est solum, eius est usque ad coelum et ad inferos

Land ownership extends to the heavens and the depths.

Damnum emergens

The actual loss suffered; quantifiable damage.

Delegata potestas non potest delegari

A delegated power cannot be further delegated.

Dura lex, sed lex

The law is harsh, but it is the law.

Expressio unius est exclusio alterius

The express mention of one excludes all others.

Fiat justitia ruat caelum

Let justice be done though the heavens fall.

In dubio pro reo

In doubt, favor the accused.

Inter alia

Among other things; inclusion without explicit mention.

Jus cogens

Compelling law; a fundamental, binding law.

Leges posteriores priores contrarias abrogant

Later laws repeal previous conflicting laws.

Lex specialis derogat legi generali

Specific law prevails over general law.

Nemo tenetur se ipsum accusare

No one is obliged to accuse themselves.

Nihil novi nisi commune consensu

Nothing new without the common consent.

Nullum crimen sine lege

No crime without law; cannot be a crime unless prohibited.

Per curiam

By the court; collective decision of the court.

Post mortem

After death; actions after an individual's death.

Prima facie (repeated)

On the first appearance; sufficient evidence to establish a case.

Quod est necessarium est licitum

What is necessary is lawful.

Salus populi suprema lex esto

The welfare of the people shall be the supreme law.

Sine qua non

Without which, it could not be; an essential element.

Stare decisis (repeated)

To stand by things decided; following legal precedent.

Sub judice

Under judgment; a matter currently being decided by a court.

Ultra vires

Beyond the powers; actions exceeding legal authority.

Ubi jus ibi remedium (repeated)

Where there is a right, there is a remedy.

Volenti non fit injuria (repeated)

To a willing person, no injury is done; assumes risk.