UNIT 9- Legal Maxims

ACTUS NON FACIT REUM NISI MENS SIT REA

The act is not culpable unless the mind is guilty; both act and intent must occur to constitute a crime.

AD VALOREM

According to the value; in proportion to the estimated value of the goods and transaction concerned.

AMICUS CURIAE

Friend of the court; a person or group who is not a party to the case but has a strong interest in the matter.

AUDI ALTEREM PARTUM

No man shall be condemned unheard; hear both sides.

ASSENTIO MENTIUM

Meeting of the minds; mutual consent.

BONA FIDE

In good faith; the fact being genuine.

BONA VACANTIA

Vacant goods; ownerless goods; property left without a clear owner.

CAVEAT EMPTOR

Let the buyer beware.

CORPUS DELICTO

The requirement that the state prove that a crime has been committed prior to allowing a confession to be admitted into evidence; body of the crime.

DAMNUM SINE INJURIA

Damage without injury; refers to cases such as Gloucester Grammar School.

DE DIE IN DIEM

From day to day; a type of labor in which the worker is fully paid at the completion of each day’s work.

DE MINIMUS LEX NON CURAT

The law is not concerned with insignificant or minor matters.

DOLI INCAPAX

Incapable of wrongdoing.

EJUSDEM GENERIS

Of the same kind.

EX POST FACTO

From a thing done afterward.

IGNORANTIA FACTI EXCUSAT

If someone does something wrong because they didn’t know all the facts, they might not be punished for it.

IGNORANTIA JURIS NON EXCUSAT

Ignorance of law is no excuse.

INJURIA SINE DAMNUM

Legal damage without injury.

LOCUS STANDI

The right capacity to bring an action or to appear in a court.

NEMO DEBET ESSE JUDEX IN PROPRIA SUA CAUSA

No one should be made a judge in their own case.

NEMO DEBT NON QUAD HABIT

No one can give what they do not have.

NOSCITUR A SOCIIS

It is known by its associates.

OBITER DICTA

A passage in a judicial opinion which is not necessary for the decision of the case before the court.

PARI MATERIA

Dealing with the same subject matter.

PER INCURIAM

Through want of care; an example is when a decision is made per incuriam.

QUID PRO QUO

An agreement between two or more parties in which there is a reciprocal exchange of goods or services.

RATIO DECIDENDI

The reason for deciding.

RES IPSA LOQUITOR

The thing speaks for itself.

RES JUDICATA ACCIPTUR PRO VERITATE

A decision of a judicial authority must be duly accepted as correct.

SALUS POPULI EST SUPREMA LEX

The health of the people is the supreme law.

STARE DECISIS

Let the decision stand; to stand by things decided.

UBI JUS REMEDIUM

Where there is a right there is a remedy.