101 Legal Maxims/Terms with Examples

The first question that might pop up is, what are ‘Legal maxims,’ and why are they important? Legal Maxims are well-established principles or propositions of law or legal policy that are usually expressed in Latin and date back to the Medieval era. They are more general than ordinary rules of law and are supposed to guide judges in deciding cases. They are not law themselves but part of the common law or customs of the land.

Here are 101 Legal Maxims/Terms with their meanings, explanations and examples so you can easily understand and grasp the practical nature of each legal maxim.

Legal Maxims

1. A Vinculo Matrimonii

Meaning: “From the bond of Marriage”

Explanation: It is a type of divorce that dissolves a marriage completely and releases the parties from the matrimonial obligations. Hence, it is also known as Absolute or Total divorce. A vinculo matrimonii allows the parties to marry again. 

Example: A is the wife of B. B was already in a matrimony with C. A can file a suit for divorce. Here, if the court is satisfied with the evidence produced, it will give a decree for divorce ‘a vinculo matrimonii’ as this is a case of bigamy.

2. Accessorius Sequitur Principale

Meaning: “An accessory follows the principal”

Explanation: This maxim is used in the context of criminal law to indicate that an accessory to a crime cannot be guilty of a more serious crime than the principal offender. A principal offender is the person who actually commits the offence while an accessory is the person who assisted the principal offender.

Example: A robs a bank with an armed weapon while B aids in the escape with a car. Here A is the principal offender while B is the accessory. Under ‘Accessorius Sequitur Principale’, B cannot be charged for a crime which is greater than A who is the principal offender.

3. Actio Personalis Moritur Cum Persona

Meaning: “The personal right of action dies with the person”

Explanation: This legal maxim implies that once a person is dead, certain causes of actions typically of personal nature terminate and all his duties and remedies are destroyed. Exceptions for this maxim also do exist.

Example: A is a popular artist who signs a contract with B to perform at one of B’s functions. A dies before the function. The Maxim ‘Actio Personalis Moritur Cum Persona’ will apply and the contract will terminate with the death of A.

Exception: Contract, fraud and defamation are the 3 main exceptions to this maxim. For example - A defames B who was a very respectable businessman, B files a suit for defamation. B dies during the pendency of trial. The suit for defamation can still be continued by his legal representative as the defamation by A may affect the business of B and also his other family matters.

4. Actionable Per Se

Meaning: ‘By Itself’

Explanation: The very act is punishable, and no proof of damage is required.

Example: A, a doctor performing a surgery on B, leaves medical equipment inside of B. This simple act in itself shows negligence on the part of A hence the maxim ‘Actionable per se’ will apply and the doctor can be charged accordingly even though B may not have suffered any damage.

5. Actori Incumbit Onus Probandi

Meaning: ‘The burden of proof lies with the plaintiff’

Explanation: It is a legal principle that requires the party who brings up a claim or issue to provide evidence to support it.

Example: In a criminal case, A accuses B of murder of C. The burden now falls on A to prove beyond reasonable doubt that B has indeed caused the murder of C. 

6. Actus Curiae Neminem Gravabit

Meaning: ‘An act of the Court shall prejudice no-one’

Explanation: It is a principle of equity and justice, ensuring that no party should suffer due to an error or oversight by the court. It is the duty of the Court to ensure that the interest of none of the parties to the litigation is harmed. If a wrong has been done by any error of the Court, then the Court is under a legal obligation to undo it.

Example: If a Court clerk accidentally/mistakenly records the wrong date on a judgment, causing a litigant to miss the deadline for filing an appeal, the court would apply the maxim ‘actus curiae neminem gravabit’. The Court would then allow the appeal despite the delay since the error occurred by the Court and not the Litigant. 

7. Actus Legis Nemini Facit Injuriam

Meaning: ‘An act of law does no one any injury’

Explanation: It is a legal principle that presumes that the law does not cause harm to anyone. Hence, a legal action cannot be the cause of injury to any person. 

Example: Two parties enter into a contract for delivery of goods, but during transportation of the goods they are destroyed by an act of god. In such a scenario the seller will not be liable for non-delivery of goods as the principle of ‘Actus Legis Nemini Facit Injuriam’ will apply because the goods were destroyed out of natural circumstances and without human intervention.

8. Actus Me Invito Factus Non Est Mens Actus

Meaning: ‘the act done by me against my will is not my act’

Explanation: It is a principle of criminal law that states that a person is not liable for an act that they did not intend to do or were forced to do by someone else.

Example: A locksmith is forced at gunpoint to break open a door so that the robbers can commit robbery in a house. Then according to the maxim ‘Actus Me Invito Factus Non Est Mens Actus’ the locksmith will not be held liable for his participation as it was done against his will.

9. Actus Non Facit Reum Nisi Mens Sit Rea

Meaning: ‘there can be no crime without a guilty mind’

Explanation: It is one of the most important principles in criminal law that requires the existence of both an illegal act (actus reus) and a criminal intent (mens rea) at the same time to constitute a crime.

Example: A mistakenly picks up a bag believing it to be his own and leaves with it only to later realise that it was not his bag. Here, even though the act of taking the bag (actus reus) occurred, there was no intention to steal the bag (mens rea) as the act was a genuine mistake. Therefore, with application of the maxim ‘Actus Non Facit Reum Nisi Mens Sit Rea’, A would not be guilty of theft as he lacked the intention of committing a crime.

10. Actus Reus

Meaning: ‘Guilty Act’

Explanation: ‘Actus Reus’ is the physical act or conduct that constitutes a crime. 

Example: Intentionally throwing stones at a person. Here throwing stones is the ‘Actus Reus’ and the intention is the ‘mens rea’.

11. Ad Hoc

Meaning: ‘For this’

Explanation: It is used to describe something that is not planned in advance and is created or done for a particular purpose as necessary.

Example: Under Article 127 of the Constitution of India, ‘ad hoc’ judges can be appointed for the Supreme Court. 

12. Affidavit

Meaning: ‘to pledge’

Explanation: An ‘affidavit’ is a written statement that a person makes which is confirmed by oath or affirmation. Even though the Indian Evidence Act does not apply on affidavits, they can and are still being used as proof in a court of law, mainly to contradict other evidence.

Example: A plaintiff, while filing a civil suit attaches an ‘affidavit’ with his plaint stating inter alia that they are well versed with the facts of the case and everything mentioned in the plaint is true to the best of their knowledge and belief.

13. Alibi

Meaning: ‘elsewhere’

Explanation: ‘Alibi’ is a legal defence in which the accused/defendant attempts to establish that he was elsewhere at the time the particular offence was committed hence it was highly improbable that he/she could have committed that offence.

Example: B is being charged with the murder of A at Calcutta. B attempts to prove that at the time of the alleged offence he was in Delhi. Here, A is raising the plea of ‘Alibi’.

14. Allegans Contraria Non Est Audiendus

Meaning: ‘A person alleging contradictory facts should not be heard’

Explanation: This principle is based on the doctrine of estoppel, which is a legal principle that aims to prevent a party from denying or asserting something that is contrary to what they have previously stated or done. 

Example: A witness, first claims that the accused was a female, but later changes his statement to say that the accused was a male. These are contradictory statements hence the principle of ‘Allegans Contraria Non Est Audiendus’ will apply.

15. Alter Ego

Meaning: ‘A second identity living within a person’

Explanation: In law, it is a doctrine that allows the court to treat a corporation as the same as its shareholders, officers, and directors, especially when they have committed fraud.

Example: Where a shareholder in a corporation uses the company to conduct personal business and fails to maintain separate financial records for the company. If the company goes bankrupt, creditors may claim that the shareholder’s personal assets should be available to satisfy the company’s debts because the shareholder treated the company as an alter ego’. 

16. Ambiguitas Contra Stipulatorem Est

Meaning: ‘Ambiguity is against the party who stipulates’

Explanation: This maxim is used in contract law and dictates that if there is any ambiguity in a contract, it should be interpreted against the party who drafted the contract/legal document. It is a principle to protect the party who did not draft the document from any disadvantage due to ambiguity.

Example: A landlord drafts a lease agreement with many interpretations which makes the agreement ambiguous. Now, if a dispute arises, the tenant will be favoured since the agreement was drafted by the landlord.

17. Amicus Curiae

Meaning: ‘friend of the court’

Explanation: ‘Amicus Curiae’ refers to someone who is not a party to a case but who assists a court by offering information or expertise that has a bearing on the issues in the case.

Example: In case of an environmental trial, a group of scientists or activists may be able to assist the court by providing their expertise and data. This will help the court in grasping and better understanding the case before them, even though the scientists or activists may not be a party to the case.

18. Ante Litem Motam

Meaning: ‘Spoken before a lawsuit is brought’

Explanation: It may refer to a prior motive to distort the truth before the lawsuit is filed. It is used to prevent any tampering with the evidence before it is presented in court.

Example: In case of filing a civil suit against the government, it is a necessary condition to file a formal notice to the appropriate government regarding the same. This notice is an action taken by ‘Ante Litem Motam’.

19. Audi Alteram Partem

Meaning: ‘Hear the other side’

Explanation: It is a principle of natural justice that ensures a fair hearing in which each party is given the opportunity to respond to the evidence against them. This legal maxim gives both parties the right to be heard.

Example: In a criminal trial, whenever charges are made against the accused, he/she is given a chance to refute these charges. This is the principle of ‘Audi Alteram Partem’ ensuring a fair trial against the accused.

20. Bona Fide

Meaning: ‘In good faith’

Explanation: The term ‘bona fide’ is used to describe an honest and sincere intention. 

Example: Where a purchaser buys a product without any knowledge of its defect and having no reason of having doubt relating to such defects, then he is known as a ‘bona fide’ purchaser.

21. Bona Vacantia

Meaning: ‘Vacant goods’

Explanation: ‘Bona Vacantia’ refers to an ownerless property. 

Example: When a person dies without a will and without a living heir, their property becomes ‘bona vacantia’ and may be claimed by the government.

22. Caveat Actor

Meaning: ‘Let the doer beware’

Explanation: ‘Caveat Actor’ warns the doer of an action, to be aware of their act. The burden of the action would be on the doer of the act, and the person will have to bear the consequence of the act if things go wrong.

Example: While indulging in an investment, the principle of ‘Caveat Actor’ is being followed as in all types of investments, warnings are given about the potential loss which the investor may incur. 

23. Caveat Emptor

Meaning: ‘let the buyer beware’

Explanation: Under this principle, the buyer is responsible for inspecting the product before purchasing it. The seller will not be responsible for any defects the buyer could have discovered through ordinary/reasonable inspection.

Example: A consumer who purchases a coffee mug and later discovers that it has a very visible leak is stuck with the defective product as the principle of ‘Caveat Emptor’ will apply.

24. Caveat Venditor

Meaning: ‘Let the seller beware’

Explanation: It means that the seller has a duty to disclose any defects or flaws in the product or service they are selling, and that they can also be held liable if the buyer suffers any loss or damage due to their negligence or fraud.

Example: A seller of a house is duty bound to disclose any defects which are in his knowledge and which are not discoverable through ordinary inspection. If the seller fails in this duty, the principle of ‘Caveat Venditor’ will apply and a legal action can be taken against the seller.

25. Corpus Delicti

Meaning: ‘Body of the crime’

Explanation: It is a fundamental principle that an offence must be proven to have occurred before a person can be convicted of committing that offence. The term is most commonly understood as the facts and circumstances constituting a crime or concrete evidence of a crime, such as a corpse.

Example: In a murder case, the ‘Corpus delicti’ would be the dead body or when the body can’t be located, forensic evidence of such a dead body, only then can someone be tried for such murder.

26. Crimen Trahit Personam

Meaning: ‘The crime carries the person’

Explanation: It means a state may assert personal jurisdiction over anyone who has committed a crime within its territory, regardless of their nationality or domicile.

Example: When one person commits a crime in India, then flees to another country. Under the principle of ‘Crimen Trahit Personam’, the accused can be sent back to India to be tried for his crimes.

27. Damnum Sine Injuria

Meaning: ‘Damage without injury’

Explanation: It refers to a situation where the plaintiff suffers damage or loss without any violation of their legal rights. It is not actionable in law because there is no injury to the legal right of the plaintiff.

Example: In a market, when a new shop opens next to an existing one leading to some financial losses to the existing shop through lawful competition. Here even though some monetary loss has been caused to the existing shop owner, he can’t file a suit against the new shop owner due to the principle of ‘Damnum Sine Injuria’, as no legal right has been infringed.

28. De Facto

Meaning: ‘In Reality’

Explanation: It is often used to describe a situation where something exists in fact, but not necessarily by legal right.

Example: A couple who has not legally married but lives together as a married couple and is seen by everyone as a married couple. Then they are considered to be in ‘de facto’ marriage since they are not legally married but in reality live as a married couple.

29. De Jure

Meaning: ‘By law’

Explanation: It is used to describe practices that are legally recognised, regardless of whether the practice exists in reality.

Example: The official language of a country can be the ‘de jure’ official language of a country. The Constitution may declare a language as official for the country, but in reality many other languages may be used in the country.

30. De Minimis Non Curat Lex

Meaning: ‘Law is not concerned with small things’

Explanation: It is a legal doctrine that allows a court to easily dismiss trivial matters. This principle ensures that the law does not waste time and resources on insignificant or minor issues.

Example: Where a person accidentally pushes another person due to an over crowded bus, no legal action will lie in such a case as it's a trivial matter and the principle of ‘De Minimis Non Curat Lex’ will apply.

31. De Novo

Meaning: ‘From the beginning’

Explanation: This term often refers to a court reviewing a case as if it had not been heard before and without being bound by the previous court’s findings. 

Example: An appellate court might review all the facts of a trial, and order the lower court to hear the case again, ‘De novo’ without referring to any of the prior assumptions or conclusions.

32. Dies Dominicus Non Est Juridicus

Meaning: ‘Sunday is not a day for judicial or legal proceedings’

Explanation: Legal proceedings and contractual obligations are not conducted on Sundays in India.

Example: In case where the limitation period for an legal proceeding falls on a Sunday, the limitation will extend to the next day following the principle of ‘Dies Dominicus Non Est Juridicus’

33. Doli Incapax

Meaning: ‘Incapable of wrong’

Explanation: It is a legal presumption which presumes that a person is incapable of committing any crime or causing any harm. 

Example: Section 82 of the Indian Penal Code of 1860 provides that any act of a child under 7 years of age is not an offence. This is because in law he is ‘Doli incapax’. 

34. Donatio Mortis Causa

Meaning: ‘Gift on account of death’

Explanation: It means a gift of personal property made by someone who expects to die in the near future, takes full effect only after the donor dies. It is a type of donation that is contingent on the donor’s death and requires some form of delivery to the donee. It is different from a will or a gift inter vivos (between living persons).

Example: A person believing himself to be near death states that, “If I die, all my property is yours”. This gift is a conditional one, the condition being the death of the donee. This gift will only become absolute on his death, hence this is a ‘Donatio Mortis Causa’. 

35. Ex Nudo Pacto Non Oritur Actio

Meaning: ‘A right of action does not arise from a bare or naked contract’

Explanation: A contract without consideration, i.e., something of value promised in exchange for something else, is not valid and cannot be enforced by law.

Example: A promises to B to pay Rs. 10,000 without anything in return. This promise lacks consideration hence it will be void and no right of action will arise from this promise due to the maxim ‘Ex Nudo Pacto Non Oritur Actio’. 

36. Ex Officio

Meaning: ‘By virtue of one’s office or position’ 

Explanation: This maxim refers to a member of any body who holds a particular position due to their position or role in any other body.

Example: The Vice-President of India is the ‘Ex-officio’ Chairman of the Council of States (Rajya Sabha).

37. Exceptio Probat Regulam

Meaning: ‘An exception proves the rule’

Explanation: It is often used to justify something that seems to contradict a rule. The maxim suggests that if there is an exception that can be applied to a specific case, it proves that a general rule exists.

Example: Murder is a punishable offence (Section 302 of the Indian Penal Code). However, Self Defence leading to death of another is not an offence (only under certain circumstances, refer to Sections 100 and 103 of the Indian Penal Code). 

Here, Punishment is the general rule while practicing self defence is the exception. The existence of the exception confirms the existence of the General Rule.

38. Faciendum

Meaning: ‘Something to be done’

Explanation: It is used to refer to a legal obligation to do something.

Example: The court ordered the defendant to pay the plaintiff a sum of money, this is a ‘faciendum’

39. Factum Probandum

Meaning: ‘Fact needing to be proved’

Explanation: It refers to the ultimate fact or proposition that a party seeks to prove in a legal case. It represents the core issue in dispute and the point that a party must establish to succeed in their claim or defense.

Example: A promissory note to prove the existence of an unpaid debt. Here the unpaid debt is ‘Factum Probandum’.

40. Fraus Est Celare Fraudem

Meaning: ‘It is fraud to conceal a fraud’

Explanation: It implies that one who conceals a fraud is also guilty of fraud.

Example: In Lee v. Butler, the Court applied the maxim ‘Fraus Est Celare Fraudem’ to a case where a seller concealed the fact that he had no title to the land he sold.

41. Furious Absentis Loco Est

Meaning: ‘A mad man is like one who is absent’

Explanation: It is used in criminal law to imply that a person who is insane cannot be held criminally liable.

Example: Section 84 of the Indian Penal Code of 1860 provides that any act of an insane person is not an offence. This is inline with the maxim ‘Furious Absentis Loco Est’. 

42. Generale Nihil Certum Implicat

Meaning: ‘A general expression implies nothing certain’

Explanation: This maxim is used to interpret legal documents and contracts. It implies that a broad or general statement does not necessarily convey a specific meaning, and that the meaning of such a statement must be inferred from the context in which it is used.

Example: Suppose a contract states that “all employees are entitled to a bonus.” This is a general statement that does not specify the amount of the bonus or the conditions under which it is awarded. In this case, the maxim ‘Generale nihil certum implicat’ would apply, and the meaning of the statement would have to be inferred from the context in which it is used. The court would have to examine the contract as a whole, as well as any other relevant evidence, to determine what the parties intended by the term “bonus”.

43. Gratis

Meaning: ‘Free of charge’

Explanation: It is used to describe something that is given or done voluntarily, without any expectation of compensation or reward.

Example: Article 39-A of the Constitution of India provides a duty for the State to provide free legal aid i.e. ‘gratis’ legal aid.

44. Haeres Est Nomen Collectum

Meaning: ‘Heir is a collective name’

Explanation: It is a principle of law that refers to the fact that all heirs of a deceased person are collectively referred to as ‘heir’.

Example: If a deceased person’s estate is divided among their children, each child is considered an ‘heir’ collectively under this principle.

45. Ibid

Meaning: ‘In the same place’

Explanation: ‘Ibid’ is an abbreviation of the Latin word ‘ibidem’, It’s used in citations to quickly cite a source that you’ve already cited in full in a previous footnote or endnote. This directs the reader to the previous citation.

Example: 1. Marianne Elliott, Partners in Revolution, 1982, p. 45.

2. Ibid.

In this example, the first footnote provides the full citation for Elliott’s book. The second footnote, "Ibid.," indicates that it refers to the same source as the previous footnote. 

46. Idem

Meaning: ‘The same’

Explanation: It is used in citations to indicate an author or word that has just been mentioned.

Example: "Marianne Elliott, Partners in Revolution, 1982; idem, Wolfe Tone, 1989".

This means that Marianne Elliott is the author of both Partners in Revolution and Wolfe Tone.

47. Ignorantia Juris Non Excusat

Meaning: ‘Ignorance of the law excuses no one’

Explanation: It is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content.

Example: Section 21 of the Indian Contract Act, 1872 provides that a contract shall not be voidable only because it was made under a mistake of law. This section is based on this maxim ‘Ignorantia Juris Non Excusat’.

48. In Dubio Pro Reo

Meaning: ‘When in doubt, favour the accused’

Explanation: It is a principle that dictates that when there is reasonable doubt about a defendant's guilt, they must be acquitted. This principle is based on the idea that it is better to acquit a guilty person than to convict an innocent one. It is often used to ensure that the accused receives a fair trial and is not convicted based on insufficient evidence or mere suspicion. 

Example: If the judge, after reviewing all the evidence, has a reasonable doubt about the defendant's guilt, they must acquit the defendant, following the principle of "In dubio pro reo".

49. In Loco Parentis

Meaning: ‘In the place of a parent’

Explanation: It refers to the legal responsibility of a person or organisation to take on some of the functions and responsibilities of a parent.

Example: Within the school premises, the teacher assumes the responsibility of the student in place of his parent under this maxim ‘In loco Parentis’.

50. Injuria Sine Damnum

Meaning: ‘Injury without damage’

Explanation: It is a violation of a legal right without causing any harm, loss or damage to the plaintiff. It's about the infringement of a right itself, not necessarily the resulting loss.

Example: If a person trespasses on your property, it is a violation of your legal right even though no actual loss may have been caused to you. 

51. Inter Alia

Meaning: ‘Among other things’

Explanation: It is often used in legal proceedings and writings to specify one aspect out of additional items.

Example: "The contract might be void, inter alia, because of fraud."

This statement implies that the contract's invalidity is due to fraud, but there might be other reasons as well although they have not been specifically mentioned.

52. Inter Arma Enim Silent Leges

Meaning: ‘In times of war, the law falls silent’

Explanation: It is a legal maxim that suggests that during times of war, the laws are often ignored or suspended in favour of military necessity.

Example: The time period between 1975 to 1977 when emergency was proclaimed and civil liberties were suspended, and political opponents were imprisoned without trial. 

53. Inter Vivos 

Meaning: ‘Between living person’

Explanation: It's used to describe actions or transfers made during a person's lifetime, as opposed to something that takes effect after their death like a ‘will’.

Example: A contract made between two parties living at the time of the contract is known as a contract ‘inter vivos’.

54. Interest Reipublicae Ut Finis Litium

Meaning: ‘It is in the interest of the State that there should be an end to a litigation’

Explanation: It signifies the principle that the public interest is best served when disputes are resolved definitively and litigation is not prolonged indefinitely.

Example: The principle of Res Judicata is an example of this principle as it prevents the same case from being relitigated once a final judgment has been reached. 

55. Interim

Meaning: ‘Temporary’

Explanation: An ‘interim’ order is a temporary order that is effective until the final judgment is passed. The term ‘interim’ can also be used in other legal contexts, such as interim reports, interim analysis, or interim officials.

Example: An ‘interim’ order can be issued to prevent a party from disposing of assets or property until the final judgment is passed.

56. Ipse Dixit

Meaning: ‘He himself said it’

Explanation: It refers to a statement or argument that is accepted as true solely because of the authority of the person who made it, rather than based on any supporting evidence or logic.

Example: A politician makes a claim about the effectiveness of a certain policy, stating that it is the best solution simply because they believe it to be so. This would be an example of ‘ipse dixit’, as it lacks any empirical support.

57. Ipso Facto

Meaning: ‘By the very fact’

Explanation: It is used to describe a situation where one thing is true because of another thing that is true. Hence it signifies an inevitable or automatic outcome without needing further explanation or justification. 

Example: A contract which includes a clause allowing for automatic termination upon the insolvency of one of the parties is known as an "ipso facto" clause. 

58. Jus In Personam

Meaning: ‘Right against a person’

Explanation: It refers to the right to take legal action against a specific person to enforce their obligation.

Example: A breach of a binding contract gives a right to the aggrieved party against the other party. This right is limited only to that party hence its a “Jus In Personam” 

59. Jus In Rem

Meaning: ‘Right against a thing” or “Right against the whole world’

Explanation: It refers to a legal right that a person has over a specific property or thing, which is enforceable against anyone who interferes with that right. 

Example: If someone owns a house, they have “Jus In Rem” over that property, meaning no one can interfere with their ownership or right to use, sell, or transfer the house. 

60. Lex Fori

Meaning: ‘Law of the Land’

Explanation: It refers to the law of the specific jurisdiction where a legal action is being heard, rather than the law of the place where the event occurred or the parties are from. 

Example: In a legal dispute between two parties in India, the ‘Lex Fori’ would be the law of India, rather than the law of a foreign country.

61. Lex Loci

Meaning: ‘Law of the Place’

Explanation: It refers to the law of the jurisdiction where a legal act, event, or transaction takes place. In simpler terms, it's the local law that applies to a situation. 

Example: If a contract is signed in New York but the parties are from different states, the law of New York (the "lex loci contractus") will likely govern the contract's validity and interpretation. 

62. Locus Standi

Meaning: ‘Right to stand’

Explanation: As per this maxim, one person needs to show his legal capacity before approaching the court. It means the person can only approach the Court when his personal interest is suffered or an injury is inflicted upon him.

Example: In case of breach of Contract, generally only the parties to the contract have a “Locus Standi” to initiate proceedings for its breach.

63. Malum In Se

Meaning: ‘Wrong in itself’

Explanation: It is generally used to refer to crimes that are fundamentally wrong based on basic principles of morality and the rules of society.

Example: Examples of ‘malum in se’ acts include such things as rape, murder, child abuse, and theft.

64. Modus Operandi 

Meaning: ‘Mode of Operation’

Explanation: ‘Modus Operandi (M.O. or MO)’ refers to a method of operation or pattern of criminal behaviour that is so distinctive that it can be used to identify the same person as the perpetrator of different crimes.

Example: A serial killer's “Modus Operandi” may be to murder his victims in a specific manner or leaving a specific object at the scene of the crime.

65. Mutatis Mutandis 

Meaning: ‘The necessary changes having been made’

Explanation: It is often used in legal documents and contracts to indicate that the necessary modifications have been made to a clause or provision.

Example: If a contract is being drafted for two parties and one party needs to make changes to the agreement before it can be finalized, the phrase “mutatis mutandis” may be used to indicate that the necessary changes have been made. 

66. Nemo Dat Quod Non Habet

Meaning: ‘No one can give what they do not have’

Explanation: The rule states that if the seller does not have a valid title or right to the goods or property, the buyer cannot acquire a better title or right than the seller, even if the buyer pays a fair price and acts in good faith.

Example: If A sells a stolen car to B, B cannot become the owner of the car because A did not have the right to sell it in the first place. The maxim of ‘Nemo Dat Quod Non Habet’  will apply and the true owner of the car can claim it back from B.

67. Nemo Debet Bis Vexari Pro Eadem Causa

Meaning: ‘No one shall be harassed twice for the same cause’

Explanation: This maxim aims to protect the interest of the litigant who should not be subjected to a vexatious multiplicity of suits by the same adversary.

Example: Suppose a person is sued for a car accident that occurred on a particular date. The court finds the person guilty and orders them to pay compensation to the victim. If the victim files another lawsuit against the same person for the same accident, the court will dismiss the case because of the principle of res judicata, which includes the maxim ‘nemo debet bis vexari pro una et eadem causa’.

68. Nemo Judex In Sua Causa

Meaning: ‘No-one is judge in his own cause’

Explanation: It is a principle of natural justice that no person can judge a case in which they have an interest.

Example: Suppose a judge presides over a case in which they have a personal interest. In such a scenario, the judge would be biased, and their decision would not be fair. Therefore, the judge must recuse themselves from the case and let another impartial judge preside over it.

69. Nemo Moriturus Praesumitur Mentire

Meaning: ‘No one at the point of death is presumed to lie’

Explanation: It is also referred to as a dying declaration. The philosophy underlying the admittance of dying declarations in evidence is that a man will not meet his creator with a lie in his mouth.

Example: A person is shot and before dying tells the doctor that his neighbour is the one who shot him and later dies. This statement by the victim may be a dying declaration and may be used in trial against the accused even though other principles relating to evidence have not been followed.

70. Nemo Potest Esse Tenens Et Dominus

Meaning: ‘No one can at the same time be a tenant and a landlord’

Explanation: This principle underscores the inherent conflict of interest when an individual simultaneously holds both roles. Essentially, it means that a person cannot lease property to themselves. 

Example: A property owner named Alice rents out a house to Bob. Bob, in turn, decides to sublet a portion of the house to Carol without Alice’s knowledge or consent. In this scenario, Bob is acting as both a tenant (renting from Alice) and a landlord (subletting to Carol) of the same property.

Bob’s actions would be in violation of the principle of ‘Nemo Potest Esse Tenens Et Dominus’.

71. Non Compos Mentis

Meaning: ‘Not of sound mind’

Explanation: It is used in legal proceedings to describe a person who is not capable of making decisions for themselves. The term encompasses all degrees of mental incompetency known to the law.

Example: A case involving a man who had been seen with violent mood swings and had withdrawn from his social interactions. If this man committed suicide, the defense might have argued that his odd behavior was due to possession, attributing his actions to mental incapacity i.e. he was ‘Non Compos Mentis’ .

72. Obiter Dicta

Meaning: ‘Things said by the way’

Explanation: ‘Obiter Dicta’ are remarks or observations made by a judge in an opinion that does not form a necessary part of the court’s decision. They are not binding precedent, but may be cited as persuasive authority.

Example: A judge might state in a dog bite case that owners are liable if they know their dog has an excitable temperament, even if in the fact of the case the dog had no excitable temperament.

73. Onus Probandi

Meaning: ‘Burden of Proof’

Explanation: ‘Onus Probandi’ means the responsibility to prove a claim or assertion. It signifies which party has the obligation to provide evidence to support their argument. 

Example: In a criminal case, generally the ‘Onus Probandi’ is on the State to prove the commission of a crime by the accused. If the State fails to prove the guilt of the accused beyond reasonable doubt, then the State has not fulfilled its burden of proof.

74. Pacta Sunt Servanda

Meaning: ‘Agreements must be kept’

Explanation: This principle is one of the most important in international law. It asserts that agreements and contracts must be honored and upheld by the parties involved. 

Example:  (Australia & New Zealand v. France, 1973): In this case, Australia and New Zealand brought a case against France for conducting nuclear tests in the Pacific. The International Court of Justice (ICJ) held that France had violated its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons.

74. Par Delictum

Meaning: ‘In equal fault’

Explanation: It is a descriptive phrase that indicates that parties involved in an action are equally culpable for the wrong committed. Hence, neither can they obtain affirmative relief from the court, since both are at equal fault or of equal guilt.

Example: X and Y are involved in a fraudulent scheme to embezzle funds from their company. Both parties are equally involved in the illegal activity. However, the authorities discover the scheme before they can execute it. In this case, neither party can seek legal recourse or claim damages from the other party because both are equally at fault or of equal guilt. The court will not side with either party as they are in ‘par delictum’.

75. Pendente Lite Nihil Innovetur

Meaning: ‘During litigation nothing should be changed’

Explanation: The doctrine of ‘Lis Pendens’, which is expressed in this maxim, means that during the pendency of any suit regarding the title of a property, no new interest should be created in relation to that property.

Example: If a husband and wife are involved in a divorce case, then as per this the maxim of ‘Pendente Lite Nihil Innovetur’ husband cannot sell the matrimonial home to a third party during the pendency of the case. If he does so, the sale will be considered void and the third party will not acquire any rights over the property.

76. Pendente Lite

Meaning: ‘Pending Litigation’

Explanation: It is used to describe something that happens or is done while a legal case, involving that subject matter, is pending or unresolved.

Example: In a divorce case, the court may order some temporary maintenance for the wife till the case is finally resolved. This is a ‘Pendente Lite’ order.

77. Per Incuriam

Meaning: ‘Through lack of care’

Explanation: In the common law system of judicial precedent, a finding of ‘per incuriam’ means that a previous court judgment has failed to pay attention to relevant statutory provision or precedents.

Example:  In the case of State of Punjab v. Devans Modern Breweries Ltd. (2004) 11 SCC 26, the Supreme Court made a decision without considering an earlier decision which would have been relevant. Hence it was a judgment made ‘per incuriam’.

78. Persona Non Grata

Meaning: ‘An unwelcome person’

Explanation: It is used in international law to describe a foreign person who is not welcome in a particular country.

Example: After committing political crimes in a country, the aggressor may become a ‘persona non grata’ and banned from that country.

79. Prima Facie

Meaning: ‘On the first impression’

Explanation: It refers to a case that, upon initial examination, appears to have enough evidence to proceed to trial or judgment. A ‘prima facie’ case doesn't mean the case is proven, but rather that the evidence presented is sufficient to support the claim, unless contradicted by the other party. 

Example: In a civil case, a certified copy of a real property deed may serve as ‘prima facie’ evidence of a party’s ownership of the property.

80. Quantum Meruit

Meaning: ‘What one has earned’

Explanation: It is a remedy that allows a party to claim compensation for the services they have provided to another party who has been unjustly enriched by their act. It is available under Indian Contract Law, but it cannot be raised in the presence of a contract that stipulates the amount of payment.

Example: If a builder enters into an unenforceable contract with a homeowner and completes some work before the homeowner refuses to pay. The builder can claim ‘quantum meruit’ for the value of the work done, even if there is no valid contract.

81. Qui Facit Per Alium, Facit Per Se

Meaning: ‘he who acts through another does the act himself’

Explanation: Generally, a person is only liable for their own actions. However, under this principle a person can be held liable for someone else’s action as well if he “acts through them”. It means that when someone acts through another person, the law considers them to have done it themselves. However, for this liability to apply, the two parties must have a specific kind of relationship.

Example: An employer is liable for the consequences of any act done by employees in the ordinary course of their duties and responsibilities.

82. Qui Non Improbat, Approbat

Meaning: ‘He who does not disapproves, approves’

Explanation: This principle generally means that a person cannot accept and reject parts of a single transaction or document to suit their convenience. They must either accept the entire agreement or reject it altogether. 

Example: If A is accused of committing theft and he does not challenge or disapprove of the accusation in court, it can be inferred as per the maxim ‘Qui Non Improbat, Approbat’ that he agrees with the accusation.

83. Qui Peccat Ebrius Luat Sobrius

Meaning: ‘He who offends while drunk, pays the penalty while sober’

Explanation: This maxim implies that the offender cannot escape liability for their actions by claiming intoxication, since they had voluntarily become intoxicated. This maxim applies to any type of intoxication, not just alcohol.

Example: B voluntarily consumes alcohol and decides to drive himself home. On his way back, he accidentally runs over pedestrians with his car. In this case, B cannot take the excuse of intoxication and will be held accountable for the offense under the maxim ‘Qui Peccat Ebrius Luat Sobrius’.

84. Quid Pro Quo

Meaning: ‘Something for something’

Explanation: In a legal context, it refers to a situation where one party provides something of value to another party in exchange for something in return. The maxim upholds the rule that a contract must involve consideration, i.e., the exchange of something of value for something else of value.

Example: A ‘quid pro quo contract’, where a model agrees to wear a brand’s clothes and share photos on her Instagram account in exchange for money.

85. Quo Warranto

Meaning: ‘By what authority’

Explanation: It is a writ that challenges a person’s right to hold a public office. It is used to prevent illegal or unauthorised occupation of a position or privilege.

Example: If a person, without qualifying the minimum eligibility criteria holds a public office the writ of ‘Quo Warranto’ can be issued against them.

86. Ratio Decidendi

Meaning: ‘Reasoning behind the decision’

Explanation: It is the legal principle that ultimately determines the outcome of a case. The ‘ratio decidendi’ is binding on courts of lower and later jurisdiction through the doctrine of stare decisis.

Example: A court's interpretation of a statute in a specific case can become a ‘ratio decidendi’. A  court might interpret a law about "reasonable accommodation" for disabled individuals in a particular employment context, and that interpretation could become a precedent

87. Res Ipsa Loquitur

Meaning: ‘The thing speaks for itself’

Explanation: Under this, the court can infer negligence from the very nature of an accident or injury.

Example: A surgeon left a surgical tool inside the patient which resulted in the patient's death. The maxim ‘Res Ipsa Loquitur’ applies and negligence of the doctor will be inferred.

88. Res Perit Domino

Meaning: ‘The thing is lost to the owner’

Explanation: It is used to express that when a thing is lost or destroyed, it is lost to the person who was the owner of it at the time.

Example: If an article is sold and the full title of the article has been transferred to the buyer so that it is his, and after such transfer, the article is destroyed, it is the buyer’s loss. However, if something remains to be done before the title becomes vested in the buyer, then the loss falls on the seller. 

89. Sine Die

Meaning: ‘Without any fixed future date’

Explanation: It is used to indicate that a session of a legislative body or court has been adjourned indefinitely, without a specified date for resuming the proceedings.

Example: The Parliament may adjourn ‘sine die’ at the end of a session, meaning they won't meet again until the next scheduled session or a special session is called.

90. Sine Qua Non

Meaning: ‘Without which, not’

Explanation: It refers to an essential condition or element that is necessary for a particular outcome or event to occur. It signifies a crucial factor without which something else cannot exist or be achieved.  It is also known as the “but for rule” or “cause-in-fact causation”.

Example: A clause specifying the exact date for delivery of goods might be a ‘sine qua non’ for a contract with a time-sensitive deadline. 

91. Stare Decisis

Meaning: ‘To stand by things decided’

Explanation: This maxim requires courts to follow and respect precedents established by the court of higher authority. Hence, the lower courts are bound by the decisions of the superior courts like the High Court and the Supreme Court.

Example: In the case of Kesavananda Bharati v. State of Kerala the Supreme Court upheld the 24th Constitutional Amendment Act, 1971 while also introducing the Basic Structure Doctrine. Now, as per the principle of ‘Stare Decisis’ all the lower Courts are bound by this decision of the Supreme Court.

92. Status Quo

Meaning: ‘Existing state of affairs’

Explanation: To prevent any of the parties to a dispute from acting while the matter is still being adjudicated, a judge may issue a ‘status quo’ order.

Example: In a land ownership dispute, a ‘status quo’ order might prevent one party from building on the land, selling it, or leasing it out until the court decides who has rightful ownership.

93. Sui Generis

Meaning: ‘Of its own kind’

Explanation: It describes something unique, distinct, or not readily categorized under existing legal frameworks. It often refers to situations that require a new or specialized legal approach to address them. 

Example: Among history’s greats Leonardo Da Vinci is often considered ‘Sui Generis’ - a man of such stupendous genius that the world may never see his like again.

94. Suppressio Veri

Meaning: ‘Suppression of truth’

Explanation: It states that when either suppression of truth or suggestion of a false statement is proven with respect to a material fact of the case, then the injured party can seek relief.

Example: Suppose X and Y enter into a contract of sale of a horse, but X does not reveal the bad medical condition of the horse knowingly, in order to facilitate the sale. Such a contract will become invalid and voidable at the option of Y, on account of this maxim ‘Suppressio Veri’.

95. Terra Firma

Meaning: ‘Solid Ground’

Explanation: It refers to “dry or solid land”, as opposed to the sea or air. It can also be used to describe tangible assets or property that are not subject to depreciation or fluctuation in value.

Example: The agreement provided them with a legal ‘terra firma’ for their business partnership.

96. Ubi Jus Ibi Remedium

Meaning: ‘Wherever there is a right, there is a remedy’

Explanation: It implies that the law will provide a reasonable remedy to anyone whose right is violated.

Example: In the case of Ashby V. White, the party had a right to vote which right was violated by the election officer. Even though the outcome of the election was unchanged, the court ruled in his favor following the principle of ‘Uni Jus Ibi Remedium’, affirming his right to vote and awarding him damages.

97. Via Antiqua Via Est Tuta

Meaning: ‘The old way is the safe way’ 

Explanation: It suggests that the traditional or established method of doing something is usually the safest and most reliable way to proceed. This maxim is often used in legal contexts to argue that established legal precedents should be followed rather than creating new ones.

Example: In the case of Manning v. Manning, the maxim ‘Via Antiqua Via Est Tuta’ was applied to emphasize the importance of adhering to established principles known and established as law in courts of equity in England.

98. Vigilant Non Dormientibus Jura Subveniunt

Meaning: ‘Laws serve the vigilant, not those who sleep over their rights’

Explanation: It implies that the law will help only those who are vigilant and not those who are careless of their rights.

Example: If someone fails to take legal action within the prescribed time limit, they may lose their right to do so later on. Therefore, it is essential to be vigilant and take timely action to protect one’s rights.

99. Void Ab Initio

Meaning: ‘Legally invalid from the very beginning’

Explanation: It is used to describe documents or acts that were never legitimate or valid, and cannot be fixed. The law treats them as if they never existed, and returns the parties to their original positions.

Example: An agreement involving an illegal act is an agreement ‘Void Ab Initio’, hence a Court will never enforce such agreements.  

100. Volenti Non Fit Injuria

Meaning: ‘To a willing person, injury is not done’

Explanation: In case a person gives his consent to the doing of an act which leads to him getting injured, then even if an injury is caused by the other person, he cannot claim any damages from that person because the act was one for which he voluntarily consented.

Example: A spectator at a sporting event injured by a ball thrown during the game cannot sue the team or venue if they were aware of the nature of the game and the inherent risks attached to it.

101. Waiver

Meaning: ‘Voluntarily giving up or removing the conditions’

Explanation: A waiver is a voluntary surrender or abandonment of a known right, claim, or privilege by one party to a contract or a legal situation.

Example: Before skydiving, a person might sign a ‘waiver’ stating they won't sue the company if they get injured. 

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