Understand the wisdom of existing teachings Legal Maxims = Precise in wordings but general in … Legal Maxims And Legal Terms Hi guys, legal maxims and legal terms are something which have been frequently asked in CLAT and AILET featuring in the English section. COMPILATION OF LEGAL MAXIMS STATUTORY CONSTRUCTION. A number of Latin terms are used in legal terminology and legal maxims. Usually defined as "what is right and good." That which is the usual custom has the force of law. %PDF-1.6 %���� Often used as a euphemism for a couple caught in the act of sexual intercourse, though it technically refers to being "caught in the act" of any misdeed. vegetation,like crops, that grows by human efforts. trailer A suicide. Essentially meaning "before the event", usually used when forecasting future events. Used to describe the power of a judge or arbiter to consider only what is fair and good for the specific case, and not necessarily what the law may require. Specifies that one should do what he can to support the community, but since everyone has different levels of ability, it cannot be expected that all will perform the same. Used when using behavioral analysis while investigating a crime. Refers to legalities considered before entering into a war, to ensure it is legal to go to war initially. A circumstance where the judge may override the jury verdict and reverse or modify the decision. A concept that the master (e.g. Something done voluntarily and with no expectation a legal liability arising therefrom. �Qא�Q��Y����j)��CF��. An assertion given undue weight solely by virtue of the person making the assertion. In extended form, or at full length. The Roman motto was divide et impera (dee-vee-deh eht im-peh-rah) — "divide and conquer." 3) Hardship shall bring alleviation. Referring to a document or ruling that is being quoted by another. A legal action cannot be brought twice for the same act or offense. Used as a defense, when illegal acts were performed under duress, Used in legal documents in the same sense as "whereby". The court is solely responsible for determining what laws apply. V—Legal Latin Phrases and MaximsA Legal Maxim is an established principle or proposition. Refers to the power of the State to act as parent to a child when the legal parents are unable or unwilling. But there are still legal phrases that baffle non-lawyers. The complete collection of civil laws of a particular jurisdiction or court. A body of armed citizens pressed into service by legal authority, to keep the peace or pursue a fugitive. In contract law, in a case of innocent representation, the injured party is entitled to be replaced in statu quo. In the case where a contract imposes specific obligations on both parties, one side cannot sue the other for failure to meet their obligations, if the plaintiff has not themselves met their own. Some action taken by the court or another official body, without the prompting of another party. Stipulates that when two or more persons arrive at a good faith agreement, the law will insist on that agreement being carried out. A decision reached, or case brought, by or for one party without the other party being present. As this will not be a barrier to seeking justice, such persons are given. The act of defending one's own person or property, or the well-being or property of another. Implies that the reward or penalty ought to correspond to the damage suffered or inflicted. As the Roman Empire slowly crumbled and disappeared, the new orders in all these lands gradually adapted the existing legal system. One cannot argue against, or try to otherwise refute these. An ambiguous word or term can be clarified by considering the whole context in which it is used, without having to define the term itself. Used when both parties to a case are equally at fault. English legal terms are full of Latin words and phrases. Used in the context of "directed at this particular person", refers to a judgement or subpoena directed at a specific named individual. Parties must be of one mind and their promises must relate to the subject or object. 0 Where no laws apply to a given situation, the customs of the place and time will have the force of law. Used when including text in a complaint verbatim, where its appearance in that form is germane to the case, or is required to be included. Where a group of persons share liability for a debt, such as co-signers to a loan, the debtor can sue a single party. Legal Maxims (PDF File) Most lawyers love to throw around Latin phrases. A maxim can be defined as “a general rule, which applies to all of its related particulars” (Mahmassani, 1961). The person is typically expelled to their home country. Specifies that a certain matter of law be covered by the most specific laws pertaining, in the event that broader laws conflict with the specific one. A person who offers information to a court regarding a case before it. %%EOF Refers to requesting a legal dispute be heard that is also being heard by another court. The opposite of in open court. 67 18 Usually used instead of naming a woman's husband as a party in a case. This is in contrast to a will, where the transfer takes effect upon one party's death. 0000000656 00000 n A legal maxim is an established principle or proposition of law or a legal policy usually stated in latin form.Most of these Latin maxims originated from the Medieval era in the European states that used Latin as their legal language. A completely new trial of a matter previously judged. The reason for this is that ancient Rome's legal system has had a strong influence on the legal systems of most western countries. A writ, directing local officials to officially inform a party of official proceedings concerning them. 0000000016 00000 n Download Full PDF Package. Refers to having a sufficient legal basis to bring legal action. 0000003718 00000 n Used in citations to refer the reader to another location. English style. An equal exchange of goods or services, or of money (or other consideration of equal value) for some goods or services. Used in citations to refer to a previously cited source. "trespass de bonis asportatis". Used in documents to mean "namely" or "that is". Used in tort law. England (and most of its former colonies) and the United States of America use a variation of the old Roman law called "Common Law." Legal maxims, or Al-Qawâ‘id Al-Fiqhiyyah can be divided into four types: 1. õAl-Qawâ‘id Al-Qulliyyah Al-Kubrâ ( ïٌ ô øذ Ü õ ßث õز I ô K à õ Ü ßث وػ öث î ô ô Ø ßث, Normative Legal Refers to one reperesenting themselves without the services of a lawyer. One cannot be prosecuted for doing something that was not prohibited by law at the time and place it was committed, notwithstanding laws made since that time. Used in reference to intellectual property rights, which usually are based around the author's lifetime. An authorization for a document to be printed. We have tried to compile a few of them so that it might prove helpful for you all and the rest of the legal terms and maxims section will be provided later. Refers to a matter currently being considered by the court. This term refers to a nation's territorial waters. Attacking an opponent's character rather than answering his argument. Caught in the actual act of committing a crime. A concept that during war, many illegal activities occur. A clause in a will that threatens any party who contests the will with being disinherited. Such information is typically nullified. Something wrong or illegal by virtue of it being expressly prohibited, that might not otherwise be so. Term in contract law that allows limited modifications to a contract after the original form has been agreed to by all parties. A type of plea whereby the defendant neither admits nor denies the charge. ", "Presenting the negative portion of a plea when pleading at common by way a special traverse. Supposed right of the lord of an estate to take the virginity of women in his estate on their wedding night. A writ used to challenge the legality of detention. Someone unable to afford the costs associated with a legal proceeding. The express mention of one thing excludes all others. A "subpoena duces tecum" is a summons to produce physical evidence for a trial. 0000000905 00000 n /ˈriːz dʒuːdɨˈkeɪtə/, /ˈreɪz/, /dʒuːdɨˈkɑːtə/. a remedy to compute reasonable damages when a contract has been breached—the implied promise of payment of a reasonable price for goods. Conducted in private, or in secret. xref Used to refer to laws specific to the location where specific property exists, or where an offense or tort was committed. Alternate form of jus commune. Cf. Concerning the law as it exists, without consideration of how things should be. Refers to the court of original jurisdiction in a given matter. Arguments made by a third party in disputes over possession, the intent of which is to question one of the principal parties' claims of ownership or rights to ownership. Under Common Law, i.e. Abbreviation of et alii, meaning "and others". To avoid possibly contradictory judgements, this request will not be granted. In contract law, a quasi-contractual remedy that permits partial reasonable payment for an incomplete piece of work (services and/or materials), assessed proportionately, where no price is established when the request is made. Legal Maxims are based on the Fiqh itself 1. 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