Top 235 Legal Maxims for Law Exams

Top Legal Maxims and Latin Phrases for CLAT, Judiciary, and Law Exams

This is a comprehensive list of important legal maxims, legal terms, Latin phrases, and foreign words for law students, advocates, judges, and competitive exam aspirants to improve their legal knowledge, expertise, and understanding of the law.

What are Legal Maxims?

Legal maxims are established principles of law that are universally admitted, and people in the legal field are very well aware of these words. They are mostly Latin words or a combination of a few words.

Just like in Geometry, we have axioms; in law, we have legal maxims and phrases. Maxims are used in legal paperwork and are also asked in law exams like CLAT, Judiciary, and semester exams.

Important Legal Maxims with their easy meaning

1. Ab extra – From outside.

2. Ab Initio – From the beginning. Here’s more about it.

3. Ab inconvenienti – From hardship; an argument based on the inconvenience of a result.

4. Absoluta sententia expositore non indiget – A clear statement needs no interpreter.

5. Accessorium non ducit sed sequitur principale – An accessory does not lead but follows the principal.

6. Actio personalis moritur cum persona – A personal right of action dies with the person. In another sense, if he dies, the right to sue is gone.

7. Actionable per se – The very act is punishable, and no proof of damage is required.

8. Actori incumbit onus probandi – The burden of proof is on the plaintiff. Read under section 101 of the Indian Evidence Act.

9. Actus curiae neminem gravabit – An act of the court shall prejudice no one.

10. Actus me invito factus non est meus actus – An act done by me against my will is not my act. Read with section 94 of IPC.

11. Actus non facit reum nisi mens sit rea – An act does not make one guilty unless it is accompanied by a guilty mind.

12. Actus reus – Guilty act.

13. Actus Reus Non Facit Reum Nisi Mens Sit Rea – Conviction of a crime requires proof of a criminal act and intent. Or an act does not make a defendant guilty without a guilty mind. Or an act does not constitute guilt unless done with a guilty intention. (This maxim is the same as number 11 above: Actus non facit reum nisi mens sit rea.)

14. Ad hoc – For the particular end or case at hand.

15. Ad valorem – According to value.

16. Aequitas sequitur legem – Equity follows the law.

17. Alibi – At another place, elsewhere.

18. Aliunde – From another source; from elsewhere.

19. Aliunde rule – Evidence from outside; the rule that extrinsic evidence may be used to explain a document when there is ambiguity that cannot be resolved from the face of the document.

20. Alimony – A husband’s (or wife’s) provision for a spouse after separation or divorce; maintenance.

21. Amicus Curiae – Friend of the court. An Amicus Curiae is a person (usually a lawyer, expert, or organization) who is not a party to a case but is appointed by the court or allowed by the court to assist it by offering relevant information, expertise, or legal arguments. The purpose is to help the court reach a fair and informed decision.

22. Animus nocendi – Intention to harm.

23. Ante Litem Motam – Before suit brought; before controversy instituted, or spoken before a lawsuit is brought.

24. Argumentum ad hominem – Argument against the person rather than the issue.

25. Assentio mentium – The meeting of minds, i.e., mutual assents.

26. Audi alteram partem – No man shall be condemned unheard. Here’s more about it.

27. Benignae faciendae sunt interpretationes – Interpretation should be liberal (in favour of the person).

28. Benignior sententia in verbis generalibus seu dubiis est praeferenda – The more favourable interpretation is to be preferred in general or doubtful words.

29. Bis dat qui cito dat – He gives twice who gives promptly.

30. Bis idem exigi bona fides non patitur – Good faith does not allow the same thing to be demanded twice.

31. Bona fide – In good faith.

32. Bona vacantia – Goods without an owner.

33. Boni judicis est ampliare jurisdictionem – It is the part of a good judge to enlarge his jurisdiction, i.e., remedial authority.

34. Boni judicis est causas litium dirimere – It is the duty of a good judge to prevent causes of litigation.

35. Boni judicis est judicium sine dilatione mandare executioni – It is the duty of a good judge to see that judgement is executed without delay.

36. Bonum judex secundum aequum et bonum judicat – A good judge decides according to what is just and good.

37. Brutum fulmen – An empty threat; a declaration that has no legal effect whatsoever.

38. Causa proxima non remota spectatur – The immediate, not the remote, cause is looked at; the law considers the direct cause of an event, not a distant or indirect one.

39. Caveat – A caution registered with the public court to indicate to the officials that they are not to act in the matter mentioned in the caveat without first giving notice to the caveator.

40. Caveat actor – Let the doer beware.

41. Caveat emptor – Let the buyer beware.

42. Caveat venditor – Let the seller beware.

43. Certiorari – A writ by which orders passed by an inferior court is quashed.

44. Commodum ex injuria sua nemo habere debet – No one should derive advantage from his own wrong.

45. Communis hostis omnium – They are common enemies of all. The common enemy of everyone. Read with section 4(2) of IPC.

46. Consensus ad idem – Agreement to the same thing; meeting of minds on the same matter.

47. Contemporanea expositio – Contemporary exposition; a document is interpreted as it was understood at the time it was made.

48. Contra bonos mores – Against good morals.

49. Contra proferentem – Against the party who drafted the document; ambiguity in a contract is construed against the drafter.

50. Conventio privatorum non potest publico juri derogare – Private agreements cannot derogate from public law.

51. Coram non judice – Before a person who is not a judge; a proceeding before a court without proper jurisdiction.

52. Corpus – Body.

53. Corpus delicti – Body of the crime. It refers to the essential facts and circumstances proving a crime occurred. Also, it refers to the principle that ‘a crime must be proved to have occurred before a person can be convicted of committing that crime.’ (This definition is mostly used in Western Law.)

54. Crimen trahit personam – The crime carries (or attaches to) the person. Read with section 2 of IPC. In other words, it means wherever a person goes, and if he commits a crime there, then he will be covered by the provisions of the Indian Penal Code, that is, Interterritorial Jurisdiction.

55. Culpa lata – Gross negligence.

56. Culpa levis – Slight negligence.

57. Cursus curiae est lex curiae – The practice of the court is the law of the court.

58. Damnum sine injuria – Damages without injuries.

59. De facto – In fact.

60. De jure – By law.

61. De minimis – About minimal things.

62. De Minimis Non Curat Lex – The law does not govern trifles (unimportant things). Or law is not concerned with small or insignificant things/matters. Read with section 95 of IPC. Or A common law principle whereby judges will not sit in judgment of extremely minor transgressions (offence, wrongdoings) of the law.

63. De novo – To make something anew.

64. Delegata potestas non potest delegari – A delegated power cannot be further delegated.

65. Detinue – Tort of wrongfully holding goods that belong to someone else.

66. Dictum – Statement of law made by the judge in the course of the decision but not necessary to the decision itself.

67. Dies non – A day on which courts do not sit; a non-business day.

68. Doli capax – Capable of forming the necessary intent to commit a crime. Read with section 83 of IPC.

69. Doli incapax – Incapable of crime. Or incapable of forming the intent to commit a crime. Read with section 82 of IPC.

70. Dolus malus – Evil intent; fraudulent intent.

71. Donatio mortis causa – Gift because of death. Or a future gift given in expectation of the donor’s imminent death and only delivered upon the donor’s death.

72. Dura lex sed lex – The law is harsh, but it is the law; even a severe law must be obeyed.

73. Duress – Compulsion by threat; unlawful pressure to do something. (Note: This is a common law term, not a Latin maxim.)

74. Ei incumbit probatio qui dicit, non qui negat – The burden of proof lies upon the one who affirms, not the one who denies.

75. Ejusdem generis – Of the same kind; general words following specific words are limited to the same category.

76. Estoppel – Prevented from denying. Here’s more about it.

77. Ex gratia – As favour.

78. Ex nunc – From now; with effect from the present time only, not retroactively.

79. Ex officio – Because of an office held.

80. Ex parte – Proceedings in the absence of the other party.

81. Ex post facto – Out of the aftermath. Or after the fact. According to Wikipedia, it is a law that retroactively changes the legal consequences (or status) of actions that were committed or relationships that existed before the enactment of the law. In criminal law, it may criminalise actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed.

82. Ex tunc – From then; with retroactive effect from a past date.

83. Expressio unius est exclusio alterius – The express mention of one thing excludes all others.

84. Factum infectum fieri nequit – A thing done cannot be undone.

85. Factum probandum – It means the facts that need to be proved. This maxim is read under section 3 of the Indian Evidence Act.

86. Factum probans – Relevant fact. In other words, it means a fact or statement of facts offered in evidence as proof of another fact. It is read under section 3 of the Indian Evidence Act.

87. Falsus in uno falsus in omnibus – It means false in one thing, false in everything. Read under section 16 of the Indian Evidence Act. But this maxim is not followed in India, as held in the case of Suchita Singh and Anr vs State of Punjab and Ors (2015).

88. Fatum – Beyond human foresight.

89. Fiat justitia ruat caelum – Let justice be done though the heavens fall.

90. Fraus est celare fraudem – It is a fraud to conceal a fraud.

91. Fraus omnia corrumpit – Fraud corrupts everything; a transaction tainted by fraud is wholly void.

92. Functus officio – No longer having power or jurisdiction.

93. Fumus boni juris – The appearance or presumption of a good or valid right in law; a prima facie case.

94. Furiosi nulla voluntas est – A madman has no will. Mentally impaired or mentally incapable persons cannot validly sign a will, contract, or form the frame of mind necessary to commit a crime. Or a person with mental illness has no free will.

95. Furiosus absentis loco est – A madman is like one who is absent. Read with section 84 of IPC.

96. Furiosus furore suo punitur – A madman is best punished by his own madness.

97. Generalia specialibus non derogant – General provisions do not derogate from special provisions.

98. Habeas corpus – A writ to have the body of a person to be brought in before the judge.

99. Ignorantia facti excusat – Ignorance of fact is an excuse; a person who is genuinely unaware of a relevant fact may escape liability.

100. Id certum est quod certum reddi potest – That is certain which can be made certain.

101. Ignorantia facti excusat, ignorantia juris non excusat – Ignorance of fact is an excuse, but ignorance of the law is no excuse. Read with sections 76 and 79 of IPC.

102. Ignorantia juris non excusat – Ignorance of the law is not an excuse. Or ignorance of the law excuses no one. In other words, a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content. (This maxim is related to ‘Ignorantia facti excusat’ above.)

103. In absentia – In the absence of a person.

104. In camera – In private; court proceedings held in private, not in open court.

105. In dubio pro reo – In doubt, favour the accused; when in doubt, decide in favour of the defendant.

106. In extenso – At full length.

107. In flagrante delicto – Caught in the act of committing an offence.

108. In lieu of – Instead of.

109. In pari delicto – In equal fault; where both parties are equally at fault, the law will not help either.

110. In personam – A proceeding in which relief is sought against a specific person.

111. In promptu – In readiness.

112. In rem – Against the thing; proceedings directed against property rather than a person.

113. In status quo – In the present state.

114. Injuria sine damnum – Injury without damage.

115. Innuendo – Spoken words that are defamatory because they have a double meaning.

116. Inter alia – Among other things.

117. Inter vivos – Between living people (especially of a gift as opposed to a legacy).

118. Interest Reipublicae Ut Sit Finis Litium – It means it is in the interest of the state that there should be an end to litigation.

119. Ipso facto – By the mere fact.

120. Ipso jure – By the law itself; by operation of law automatically.

121. Jus – Law or right.

122. Jus ad bellum – The right to go to war; the set of criteria that must be satisfied before a state may lawfully resort to war.

123. Jus civile – Civil law; the law of a particular state as distinct from natural law or international law.

124. Jus cogens or ius cogens – Compelling law.

125. Jus in personam – Right against a specific person (or party). Read under section 43 of the Indian Evidence Act.

126. Jus in rem – Right against the world at large. Read under section 43 of the Indian Evidence Act. Related: What Is Right in Rem and Right in Personam?

127. Jus naturale – Natural law. Or in other words, a system of law based on fundamental ideas of right and wrong that is natural law.

128. Jus Necessitatis – It means a person’s right to do what is required, for which no threat of legal punishment is a dissuasion. Dissuasion means the action or process of trying to persuade someone not to take a particular course of action. Here’s more about it.

Question asked by a law student: I have a doubt about the maxim jus necessitatis. Does it come under section 81 or 87 of IPC?
Answer: This is called the doctrine of necessity. It means a person doing a thing under compulsion of a situation. It is not considered a wrongful act. It comes under the ambit of section 81 of IPC.

129. Jus non scriptum – Customary law.

130. Jus sanguinis – Right of blood or descent.

131. Jus scriptum – Written law.

132. Jus soli – Right of soil.

133. Justitia nemini neganda est – Justice is to be denied to nobody.

134. Leges posteriores priores contrarias abrogant – Later laws abrogate earlier contrary laws.

135. Lex Fori – The law of the country. The law of evidence is lex fori. It means the law of evidence is the law of the land where court proceedings are taken.

136. Lex loci – The law of the place; the law of the country where an act is done or a contract is made.

137. Lex loci contractus – The law of the place where a contract is made.

138. Lex non a rege est violanda – The law must not be violated even by the king.

139. Lex posterior derogat priori – A later law repeals an earlier one.

140. Lex specialis derogat legi generali – Special law overrides general law.

141. Lex talionis – The law of retaliation; the principle that punishment should mirror the offence committed.

142. Libertas inaestimabilis res est – Liberty is a thing of inestimable value.

143. Locus standi – Right of a party to an action to appear and be heard by the court.

144. Mala fide – In bad faith.

145. Malum in se or Mala in se (plural) – Wrong or evil in itself. Or Mala in se is ‘a term that signifies crime that is considered wrong in and of itself.’ For example, most human beings believe that murder, rape, and theft are wrong, regardless of whether a law governs such conduct or where the conduct occurs and is thus recognisably malum in se.

146. Malum prohibitum – In a way, the opposite of Malum in se. It means ‘crimes are criminal not because they are inherently bad, but because the act is prohibited by the law of the state.’ For example, jurisdiction in India requires drivers to drive on the left side of the road. This is not because driving on the right side of a road is considered immoral, but because the law says to drive on the left side and not on the right side.

147. Mandamus – ‘We command.’ A writ of command issued by a higher court to government and public authority to compel the performance of public duty. Related: 5 Types of Writs.

148. Mens rea – Guilty mind.

149. Misnomer – A wrong or inaccurate name or term.

150. Modus operandi – Way of working. Or mode of operation.

151. Modus Vivendi – Way of living.

152. Mutatis Mutandis – With the necessary changes having been made. Or with the respective differences having been considered.

153. Nemo bis punitur pro eodem delicto – Nobody can be twice punished for the same offence.

154. Nemo dat quod non habet – No one can give what they do not have; one cannot transfer a better title than one possesses.

155. Nemo debet bis vexari pro una et eadem causa – It means no one should be vexed (harassed or troubled) twice for the same cause.

156. Nemo debet esse judex in propria causa or Nemo judex in causa sua or Nemo judex in sua causa – Nobody can be the judge in his own case.

157. Nemo moriturus praesumitur mentire – A man will not meet his maker (God) with a lie in his mouth. Or, in other words, ‘no man at the point of death is presumed to lie.’ This maxim is related to dying declaration.

158. Nemo Potest esse tenens et dominus – Nobody can be both a landlord and a tenant of the same property.

159. Nihil fit sine causa – Nothing happens without a cause.

160. Nisi prius – Unless before; originally a writ directing a sheriff to summon a jury; now refers to a court of first instance.

161. Nolle prosequi – A formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit.

162. Non est factum – It is not my deed; a plea that a written document is fundamentally different from what was intended to be signed.

163. Non Sequitur – A statement (such as a response) that does not follow logically from or is not clearly related to anything previously said. Source: Merriam-Webster Dictionary.

164. Novation – Transaction in which a new contract is agreed by all parties to replace an existing contract.

165. Novus actus interveniens – A new intervening act; a new act by a third party that breaks the chain of causation between the defendant’s act and the claimant’s loss.

166. Nullum crimen sine lege, nulla poena sine lege – There must be no crime or punishment except in accordance with fixed, predetermined law. In other words, there must be no punishment without law.

167. Nunc pro tunc – Now for then. A ruling nunc pro tunc applies retroactively to correct an earlier ruling.

168. Obiter dictum – Things said by the way. It is generally used in law to refer to an opinion or non-necessary remark made by a judge. It does not act as a precedent. In other words, Obiter dictum means “that which is said in passing,” an incidental statement. Specifically, in law, it refers to a passage in a judicial opinion that is not necessary for the decision of the case before the court. Such statements lack the force of precedent but may nevertheless be significant. Source: Britannica. Related: What Is Ratio Decidendi and Obiter Dicta With Differences, Advantages, Disadvantages, and Case Laws?

169. Obsta principiis – Resist the beginnings; nip in the bud; the principle that one should oppose wrongs at their very start before they grow too large to correct.

170. Omnia praesumuntur rite esse acta – All things are presumed to have been done correctly and with due formality.

171. Omnis definitio in jure civili periculosa – Every definition in civil law is dangerous.

172. Omnis ratihabitio retrotrahitur et mandato priori aequiparatur – Every ratification relates back and is equivalent to a prior authority.

173. Onus probandi – Burden of proof. Read under section 102 of the Indian Evidence Act.

174. Pacta Sunt Servanda – Agreements must be kept. Or Agreements are legally binding. In international agreements, it means ’every treaty in force is binding upon the parties to it and must be performed by them in good faith.’

175. Pacta tertiis nec nocent nec prosunt – Agreements neither bind nor benefit third parties; a contract cannot impose obligations or confer rights on those who are not parties to it.

176. Palimony – Money which (usually) a man pays to a woman with whom he has been living and from whom he is separated. Palimony has slightly different meanings in different jurisdictions.

177. Pari passu – With an equal step. Read more about it on Wikipedia.

178. Parens patriae – Father of the nation; the doctrine whereby the state has a duty to protect those who are unable to protect themselves, such as minors or persons with mental disabilities.

179. Particeps criminis – A participator in the actual crime/partner in crime.

180. Pendente lite – While the litigation is pending; during the course of the lawsuit.

181. Per curiam (decision or opinion) – By the court. In other words, the decision is made by the court (or at least, a majority of the court) acting collectively.

182. Per incuriam – Because of lack of care.

183. Per se – By itself.

184. Persona non grata – A person who is unacceptable or unwelcome. The opposite of persona non grata is persona grata. Also, in diplomacy, a persona non grata is a foreign person whose entering or remaining in a particular country is prohibited by that country’s government.

185. Potior est conditio possidentis – It means in equal fault (better is the condition of the possessor). Read under section 110 of the Indian Evidence Act.

186. Prima facie – At first sight. Or on the face of it.

187. Quantum meruit – What one has earned. Or the amount he deserves. In other words, A reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated (specified, written down) in a legally enforceable contract. Source: Oxford.

188. Qui facit per alium, facit per se – He who acts through another acts himself. In simple words, it is a fundamental legal maxim of the law of agency. It is a maxim often stated in discussing the liability of the employer for the act of employee in terms of vicarious (indirect, secondhand) liability.

189. Qui peccat ebrius luat sobrius – He who does wrong when drunk must be punished when sober. Read with section 86 of IPC.

190. Qui sentit commodum, sentire debet et onus – It means he who receives advantage must also bear the burden.

191. Quid pro quo – Something for something.

192. Quo warranto – By what authority. A writ calling upon one to show under what authority he holds or claims a public office.

193. Quod necessitas non habet legem or Necessitas non habet legem – Necessity knows no law. Read with section 81 of IPC.

194. Ratio decidendi – Principle or reason underlying a court judgement. Or the rule of law on which a judicial decision is based.

195. Res communes omnium – Things common to all; things that cannot be owned by any one person, such as air or the sea.

196. Res gestae – Things done; facts surrounding and accompanying a transaction that are admissible as evidence.

197. Res ipsa loquitur – The thing speaks for itself. Read under section 106 of the Indian Evidence Act. Related: What Is Res Ipsa Loquitor

198. Res Judicata – A matter already judged. In other words, it means a matter finally decided by a competent court on the basis of merits. Read under section 40 of the Indian Evidence Act.
Related:
– Res Judicate Is Based On 3 Maxims
– Res Judicata vs Res Sub Judice

199. Res Judicata Pro Veritate Accipitur – It means that a judicial decision must be accepted as correct.

200. Res nullius – A thing belonging to nobody; property not yet belonging to any person and which may be acquired by the first taker.

201. Res sub judice – A matter under judicial consideration; a matter which is still pending before a court.

202. Respondeat superior – Let the master answer. For example, there are circumstances when an employer is liable for acts of employees performed within the course of their employment. This rule is also called the master-servant rule.

Or let the principal answer. In other words, it means to hold the employer or the principal legally responsible for the wrongful acts of an employee or agent committed within the scope of the employment or agency. It applies mainly in law of torts and agency.You can also read it with sections 154 and 155 of IPC.

203. Restitutio in integrum – Restoration to the original position; the aim of damages in tort to put the claimant back in the position they would have been in had the wrong not occurred.

204. Rex non potest peccare – The king is not able to sin. Or, the king can do no wrong.

205. Salus populi est suprema lex or Suprema lex salus populi – The welfare of the people is the supreme law. In other words, it means public welfare is the highest law. Read under section 123 of Evidence Act.

206. Sine die – With no day (indefinitely).

207. Sine qua non – “Without which nothing.” An essential condition. A thing that is absolutely necessary. Basically, a component of an argument that, if debunked, causes the entire argument to crumble.

208. Stare decisis – To stand by decisions; the doctrine that courts should follow precedent in deciding cases that have the same facts or issues.

209. Status quo – State of things as they are now.

210. Sua sponte – Of one’s own accord; something done by a court on its own initiative without a request from either party.

211. Sub judice – Under a judge or court; under judicial consideration and therefore prohibited from public discussion.

212. Sub silentio – In silence; a precedent established without the matter being argued or considered.

213. Subrogation – The substitution of one person in the place of another with reference to a lawful claim or right.

214. Suggestio falsi – A false suggestion or representation; a misrepresentation by making a false statement of fact.

215. Sui generis – Of its own kind; unique or in a class of its own.

216. Suo Motu – On its own motion.

217. Suppressio veri suggestio falsi – Suppression of truth is equivalent to suggestion of falsehood.

218. Uberrima fides (sometimes uberrimae fidei) – Utmost good faith.

219. Ubi jus ibi remedium – Where there is a right, there is a remedy.

220. Ultra vires – Beyond the powers; an act done beyond the legal power or authority of the person or body performing it.

221. Unjust enrichment – The principle that a person should not benefit at the expense of another without just cause or legal basis. (Note: This is a legal doctrine, not a classical Latin maxim.)

222. Ut res magis valeat quam pereat – It is better for a thing to have effect than to be made void; a contract should be interpreted so as to give it effect rather than render it void.

223. Verba fortius accipiuntur contra proferentem – Words are to be taken most strongly against the party who uses them.

224. Verba legis – The words of the law; statutes must be interpreted using the plain meaning of their words.

225. Veritas nihil veretur nisi abscondi – Truth fears nothing but concealment.

226. Veto – Ban or order not to allow something to become law, even if it has been passed by a parliament.

227. Vice versa – Reverse position.

228. Vinculum juris – The bond of law; the obligation of a legal bond or tie.

229. Vis compulsiva – Compulsive force; force applied to a person to compel them to do something against their will.

230. Vis major – Act of God.

231. Void ab initio – Void from the beginning; an act or agreement that is null and has no legal effect from the outset.

232. Voidable – That which may be set aside; a contract that is valid but may be cancelled at the option of one party due to a defect such as misrepresentation or undue influence. (Note: This is a legal term, not a Latin maxim.)

233. Volenti non fit injuria – Damage suffered by consent gives no cause of action. Or harm caused with consent cannot be considered an injury. Read with section 87 of IPC. In other words, if someone willingly places himself in a position where he knows that harm might result, then he is not able (allowed) to bring a claim against the other party in tort or delict (a violation of the law). Related: What Is Volenti Non-Fit Injuria Under the Law of Torts?

234. Vox populi – Voice of the people. Or the opinion of the majority of the people.

235. Waiver – Voluntarily giving up or removing the conditions.

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