How To Learn Legal Maxims for Judicial Exams: Comprehensive Guide for Law Students

Author : Yogricha

Updated On : September 22, 2023

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Overview: Legal Maxims are essential for most of the Law exams, be it Law entrance exams, All India Bar Exam or Judiciary Examination. Therefore, it becomes crucial for you as a Judiciary aspirant to learn all critical Legal Maxims.

In this article, we will cover:

  • What is a Legal Maxim for Judiciary Exams?
  • Important Legal Maxims for Judicial Exams (based on previously asked questions).
  • How to learn Legal Maxims?
  • Practice questions

Download Free Study Material for Judiciary Exams by Judiciary Gold

What is a Legal Maxim?

Legal maxims are legal principles that have universal acceptance in the legal profession. These maxims consist of Latin phrases or concise combinations of words, and legal practitioners are familiar with them. 

Legal Maxims are asked in most Law examinations, and for Judiciary examinations for most states in India, Legal maxims hold a lot of importance. All Judiciary preparation books cover legal maxims for your preparation. 

When you are preparing for Judicial Exams from scratch, include learning Legal Maxims in your study strategy. Legal Maxims are primarily asked in the Prelims of Judicial Services Examination.

In this article, we will put all the important Legal Maxims that are asked in previous year papers and a few that can be asked in Judiciary examinations across most states in India.

Also read: Skills you need to crack Judiciary.

Important Legal Maxims for Judicial Exams.

Legal Maxim

Meaning

Interpretation

A fortiori

From stronger

An a fortiori argument is called "argument from a stronger reason", which means that because one fact is accepted to be true, that a second related and included fact must also be true.

Actori incumbit probatio.

On the plaintiff rests the proving

The burden of proof lies on the plaintiff.

Amicus curie

A friend of the court

Anyone who acts as an impartial advisor to the court in any case.

Audi alteram partem.

Hear the other side as well 

Every individual must be judged after a fair hearing, ensuring that each party gets the chance to address the evidence presented against them before any judgement is rendered.

Actus reus

Guilty Act

The act that has a Criminal Liability

Pacta sund servanda

Parties bind by any Agreement must follow it

The parties in an agreement must do their best to fulfil the obligations under it.

Damnum sine injuria

Damage without legal injury

Any damage which is caused apart from the harm as well as prejudice or in simple terms it means Damage done without the violation of legal rights.

Actus non facit reum nisi mens sit rea

An act does not make a person guilty, unless there be guilty intention

An act does not make a defendant guilty if there is no guilty mind.

ad hominem

At the person

It is used to counter another argument. It is based on feelings of prejudice, rather than facts, reason, and logic. It is often a personal attack on someone's character or motive rather than an attempt to address the actual issue at hand.

Actus dei nemini facit injuriam

The act of God causes no injury to anyone.

Storms, earthquakes, and other are acts of God, that are inevitable accidents and are not caused by man. When something is caused by an act of nature without any human intervention, it is called 'an act of God.'

Caveat emptor

Let the Buyer be aware

A person who buys something must take a responsibility for the quality of goods that he or she is buying

Expressio unius est exclusio alterius

The expression of one thing is the exclusion of another.

When there is a mention of one or more specific things, it may be taken to exclude other things that are of of the same type.

Jus ad rem

Something that is right to the point.

 A right without possession; an inchoate or incomplete right to a thing

Lex non cogit ad impossibilia The law does not compel the impossible The law does not compel a man to do anything that is impossible in nature or to do something which he cannot perform in his complete will.

Prima facie

On the very face of it

A matter that appears to be sufficiently based in the evidence must be considered true.

Obiter dictum

That which is said in passing

An incidental statement. Specifically, in law, it refers to a passage or a statement in any judicial opinion which is not necessary while making the decision of the case before the court. These statementslack the force of precedent but are significant

In status quo In the current state or condition. Describes the existing or current state of affairs or circumstances
Ipso facto By the mere fact itself Something that automatically or inherently follows or results from a particular fact or action.
Injuria sine damno Injury without damage. Refers to a situation where there is an infringement of a legal right or interest without any actual or significant harm or damage.

Ratio decidendi

The reason for making any decision

A legal phrase that refers to the political, legal, moral and social principles, often used in the court to compose the rationale of a particular judgment.

Stare decisis et non quieta movere

To stand by decisions and not to disturb settled matters.

It obligates courts to follow all historical cases while making a ruling on a similar case. It ensures that cases that have similar scenarios and facts are approached in the same way. 

Volenti non fit injuria

To any person who is willing, there is nothing wrong

If a person voluntarily consents to an injury, he must bear the loss. One cannot claim damages for the injury he consented to.

Ubi jus, ibi remedium When there is a right there is a remedy. It consists of two main ingredients of the doctrine jus and remedium. Where jus means legal authority to do or demand something from and remedium means rights of action.

Ut res magis valeat quam pereat.

It is better for something to have effect than to be made void.

The effect of this maxim is that an enacting provision or a statute has to be so construed to make it effective and operative.

De novo  To make something new. Refers to starting afresh or from the beginning
Bona vacantia Goods without an owner. Refers to unclaimed property or assets that have no rightful owner.

Also read: Know about Judiciary exams

judiciary online coaching
judiciary online coaching

How to learn Legal Maxims for Judiciary Exams?

The syllabus for Judiciary exams is vast, and learning Legal Maxims for Judicial Exams can sometimes become difficult. So, to ensure that you do not forget these important Legal Maxims, follow the tips given below:

  • Make a chart or sheet of all the important Legal Maxims for Judicial Exams and paste it on a wall in your study room.
  • Revise at least thrice a week so they stay on the top of your head for your Judiciary Exams.
  • Practice Questions based on Legal Maxims to have a better command of them.
  • Make your own notes; making your own notes will help you memorise Legal Maxims for Judicial Exams better.

Click here: Prepare for Judiciary Now!

Practice questions for Legal Maxims for Judicial Exams.

Practice is the key to achieving anything, given below are some important questions of Legal Maxims for Judicial Exams:

Q1: Lex loci means:

  1. Law of a place
  2. Italian laws
  3. Domestic laws
  4. Latin regulations

Q2: Caveat venditor means:

  1. Let the doer beware
  2. Let the law beware
  3. Let the seller beware.
  4. Let the buyer beware.

Also Read: How to prepare Current Affairs for Judiciary with Newspapers.

Q3: What is Meant by Ubberrima fides?

  1. Malafide Action
  2. Wrongful confinement
  3. Vicious injury
  4. Utmost good faith

Q4: What is meant by Quid pro quo?

  1. Nothing for nothing
  2. Cheap bargain
  3. Illegal agreement
  4. Something for something/ consideration

Q5: What is meant by Consensus ad idem?

  1. Disagreement of Minds
  2. No contract between parties
  3. Void agreement
  4. The Meeting of Minds

Read more: Learn Important Judgements for Judiciary Exams.

Conclusion:

Legal Maxims for Judicial Exams can be learnt easily when you start with making notes and focusing on the tips given above. The revision will keep you ahead in your preparation; therefore, keep revising frequently. The maxims given above hold a lot of importance with respect to your Judiciary exam. 

ALL THE BEST!

Frequently Asked Questions

Can I get Judiciary Notes in Hindi?

Are there any Free Judiciary Notes PDF available?

Does these Judiciary Exam Notes PDF really help in preparation?

Which is the books to learn about Indian Evidence Act?

Is bare Acts knowledge enough for Judicial Services Exams?

What does the code of Criminal Procedure contain?

How many hours should I study for judiciary exam?

Why are Indian Evidence Act Notes important for Judiciary Exams 2023?

How To Learn Legal Maxims for Judicial Exams: Comprehensive Guide for Law Students

Author : Yogricha

September 22, 2023

SHARE

Overview: Legal Maxims are essential for most of the Law exams, be it Law entrance exams, All India Bar Exam or Judiciary Examination. Therefore, it becomes crucial for you as a Judiciary aspirant to learn all critical Legal Maxims.

In this article, we will cover:

  • What is a Legal Maxim for Judiciary Exams?
  • Important Legal Maxims for Judicial Exams (based on previously asked questions).
  • How to learn Legal Maxims?
  • Practice questions

Download Free Study Material for Judiciary Exams by Judiciary Gold

What is a Legal Maxim?

Legal maxims are legal principles that have universal acceptance in the legal profession. These maxims consist of Latin phrases or concise combinations of words, and legal practitioners are familiar with them. 

Legal Maxims are asked in most Law examinations, and for Judiciary examinations for most states in India, Legal maxims hold a lot of importance. All Judiciary preparation books cover legal maxims for your preparation. 

When you are preparing for Judicial Exams from scratch, include learning Legal Maxims in your study strategy. Legal Maxims are primarily asked in the Prelims of Judicial Services Examination.

In this article, we will put all the important Legal Maxims that are asked in previous year papers and a few that can be asked in Judiciary examinations across most states in India.

Also read: Skills you need to crack Judiciary.

Important Legal Maxims for Judicial Exams.

Legal Maxim

Meaning

Interpretation

A fortiori

From stronger

An a fortiori argument is called "argument from a stronger reason", which means that because one fact is accepted to be true, that a second related and included fact must also be true.

Actori incumbit probatio.

On the plaintiff rests the proving

The burden of proof lies on the plaintiff.

Amicus curie

A friend of the court

Anyone who acts as an impartial advisor to the court in any case.

Audi alteram partem.

Hear the other side as well 

Every individual must be judged after a fair hearing, ensuring that each party gets the chance to address the evidence presented against them before any judgement is rendered.

Actus reus

Guilty Act

The act that has a Criminal Liability

Pacta sund servanda

Parties bind by any Agreement must follow it

The parties in an agreement must do their best to fulfil the obligations under it.

Damnum sine injuria

Damage without legal injury

Any damage which is caused apart from the harm as well as prejudice or in simple terms it means Damage done without the violation of legal rights.

Actus non facit reum nisi mens sit rea

An act does not make a person guilty, unless there be guilty intention

An act does not make a defendant guilty if there is no guilty mind.

ad hominem

At the person

It is used to counter another argument. It is based on feelings of prejudice, rather than facts, reason, and logic. It is often a personal attack on someone's character or motive rather than an attempt to address the actual issue at hand.

Actus dei nemini facit injuriam

The act of God causes no injury to anyone.

Storms, earthquakes, and other are acts of God, that are inevitable accidents and are not caused by man. When something is caused by an act of nature without any human intervention, it is called 'an act of God.'

Caveat emptor

Let the Buyer be aware

A person who buys something must take a responsibility for the quality of goods that he or she is buying

Expressio unius est exclusio alterius

The expression of one thing is the exclusion of another.

When there is a mention of one or more specific things, it may be taken to exclude other things that are of of the same type.

Jus ad rem

Something that is right to the point.

 A right without possession; an inchoate or incomplete right to a thing

Lex non cogit ad impossibilia The law does not compel the impossible The law does not compel a man to do anything that is impossible in nature or to do something which he cannot perform in his complete will.

Prima facie

On the very face of it

A matter that appears to be sufficiently based in the evidence must be considered true.

Obiter dictum

That which is said in passing

An incidental statement. Specifically, in law, it refers to a passage or a statement in any judicial opinion which is not necessary while making the decision of the case before the court. These statementslack the force of precedent but are significant

In status quo In the current state or condition. Describes the existing or current state of affairs or circumstances
Ipso facto By the mere fact itself Something that automatically or inherently follows or results from a particular fact or action.
Injuria sine damno Injury without damage. Refers to a situation where there is an infringement of a legal right or interest without any actual or significant harm or damage.

Ratio decidendi

The reason for making any decision

A legal phrase that refers to the political, legal, moral and social principles, often used in the court to compose the rationale of a particular judgment.

Stare decisis et non quieta movere

To stand by decisions and not to disturb settled matters.

It obligates courts to follow all historical cases while making a ruling on a similar case. It ensures that cases that have similar scenarios and facts are approached in the same way. 

Volenti non fit injuria

To any person who is willing, there is nothing wrong

If a person voluntarily consents to an injury, he must bear the loss. One cannot claim damages for the injury he consented to.

Ubi jus, ibi remedium When there is a right there is a remedy. It consists of two main ingredients of the doctrine jus and remedium. Where jus means legal authority to do or demand something from and remedium means rights of action.

Ut res magis valeat quam pereat.

It is better for something to have effect than to be made void.

The effect of this maxim is that an enacting provision or a statute has to be so construed to make it effective and operative.

De novo  To make something new. Refers to starting afresh or from the beginning
Bona vacantia Goods without an owner. Refers to unclaimed property or assets that have no rightful owner.

Also read: Know about Judiciary exams

judiciary online coaching
judiciary online coaching

How to learn Legal Maxims for Judiciary Exams?

The syllabus for Judiciary exams is vast, and learning Legal Maxims for Judicial Exams can sometimes become difficult. So, to ensure that you do not forget these important Legal Maxims, follow the tips given below:

  • Make a chart or sheet of all the important Legal Maxims for Judicial Exams and paste it on a wall in your study room.
  • Revise at least thrice a week so they stay on the top of your head for your Judiciary Exams.
  • Practice Questions based on Legal Maxims to have a better command of them.
  • Make your own notes; making your own notes will help you memorise Legal Maxims for Judicial Exams better.

Click here: Prepare for Judiciary Now!

Practice questions for Legal Maxims for Judicial Exams.

Practice is the key to achieving anything, given below are some important questions of Legal Maxims for Judicial Exams:

Q1: Lex loci means:

  1. Law of a place
  2. Italian laws
  3. Domestic laws
  4. Latin regulations

Q2: Caveat venditor means:

  1. Let the doer beware
  2. Let the law beware
  3. Let the seller beware.
  4. Let the buyer beware.

Also Read: How to prepare Current Affairs for Judiciary with Newspapers.

Q3: What is Meant by Ubberrima fides?

  1. Malafide Action
  2. Wrongful confinement
  3. Vicious injury
  4. Utmost good faith

Q4: What is meant by Quid pro quo?

  1. Nothing for nothing
  2. Cheap bargain
  3. Illegal agreement
  4. Something for something/ consideration

Q5: What is meant by Consensus ad idem?

  1. Disagreement of Minds
  2. No contract between parties
  3. Void agreement
  4. The Meeting of Minds

Read more: Learn Important Judgements for Judiciary Exams.

Conclusion:

Legal Maxims for Judicial Exams can be learnt easily when you start with making notes and focusing on the tips given above. The revision will keep you ahead in your preparation; therefore, keep revising frequently. The maxims given above hold a lot of importance with respect to your Judiciary exam. 

ALL THE BEST!

Frequently Asked Questions

Can I get Judiciary Notes in Hindi?

Are there any Free Judiciary Notes PDF available?

Does these Judiciary Exam Notes PDF really help in preparation?

Which is the books to learn about Indian Evidence Act?

Is bare Acts knowledge enough for Judicial Services Exams?

What does the code of Criminal Procedure contain?

How many hours should I study for judiciary exam?

Why are Indian Evidence Act Notes important for Judiciary Exams 2023?

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