How To Learn Legal Maxims for Judicial Exams: Comprehensive Guide

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 burden of 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 judgment is rendered.

Actus reus

Guilty Act

The act that has a Criminal Liability

Pacta sund servanda

Parties bound 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 caused apart from harm or prejudice; in simple terms, 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 responsibility for the quality of the 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 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

Prima facie

On the very face of it

A matter that appears to be sufficiently based on 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 statement in any judicial opinion that is not necessary to decide the case before the court. These statements lack the force of precedent but are significant

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 prior cases when ruling on a similar case. It ensures that cases with similar scenarios and facts are handled 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.

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.