Legal maxims

Legal principles and their definition

Ab Initio

From the beginning
ex. minor contracts are deemed void from the beginning

Actus non facit reum nisi mens sit rea

An act does not make a person guilty unless there is criminal intent.

Actus reus

guilty deed or act

Ad hoc

for a specific purpose or situation

Amicus Curiae

friend of the court
Lawyer

Audi alteram partem

Hear the other side

Bona fide

In good faith; sincere

Caveat emptor

Let the purchases be aware
ex. a principle that the buyer is responsible for checking the quality and suitability of goods before purchase.

Consensu

in agreement, unanimously

Consensu ad diem

agreement to the same things

De facto

In fact

De jure

Rightful, by right.

Ex Parte

proceedings brought by one person in the absence of another.
ex. court fails to reach person or they fail to show up.

Idem

the same person or thing

Ignoranti facti excusat, ignorantia juris non excusat

Ignorance of fact can be excused, but ignorance of law cannot be excused.

In camera

In private

In omnibus

in every respect

In personam

against the person

Interim

temporarily

Jus

a right recognized by law

Mala fide

in bad faith

Mens rea

guilty state of mind

Prima facie

on the face of it

Quantum

How much, an amount

Res nulis

nobodys property
ex. wild animals

Volenti non fit injury

Injury is not done to one consenting it

Barrister

usually self employed, specialized in advocacy, can work in partnerships, can represent clients in and out of court, give legal advice to solicitors and their clients.

Solicitor

can work in partnerships, to be qualified you must complete 1 year legal practice and 2 years training contract in law firm. represent clients in and out of court, can practise many areas of law but specialize in one.

A procedure

decided way of doing things

Will

a legal document which highlights what person wants done to their property after their death

party to a court case

claimant and defendant

to be in dispute

to be in serious disagreement with another person

Lawyer

someone who studied law

Advocate

someone who represents clients in court

Court fee?

Amount claimant must pay upon starting legal proceedings

Why might someone start legal proceedings?

When you are hired to do something and the job is done badly, or they owe money to someone.

How to start legal proceeding? First thing to do

File claim form: a document claimant uses to start legal proceedings against defendant.

Attorney

anyone trained in law and can represent clients in court

Litigation

process of making a claim in court

Criminal vs Civil

Criminal deals with crimes and their punishment.
Civil deals with rights and duties of individuals to eachother.