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Legal maxims, A to Z
26 common Latin maxims with their meanings and where they appear.
← Back to homeActus non facit reum nisi mens sit reaCriminal law＋
Meaning: An act does not make a person guilty unless the mind is also guilty.
Idea: Most offences need a guilty act and a guilty mind.
Audi alteram partemNatural justice＋
Meaning: Hear the other side.
Idea: A person must get a fair chance to be heard before an adverse order is made.
Caveat emptorContract law＋
Meaning: Let the buyer beware.
Idea: A buyer must inspect goods, subject to statutory protections.
De minimis non curat lexGeneral＋
Meaning: The law does not concern itself with trifles.
Idea: A very small harm may not justify legal action.
Damnum sine injuriaTort law＋
Meaning: Damage without a legal wrong.
Idea: Loss from lawful competition gives no claim.
Ejusdem generisInterpretation＋
Meaning: Of the same kind.
Idea: General words after a list are read as limited to things of the same kind.
Expressio unius est exclusio alteriusInterpretation＋
Meaning: The mention of one thing excludes others.
Idea: If a statute lists specific items, others may be left out.
Ignorantia juris non excusatGeneral＋
Meaning: Ignorance of the law is no excuse.
Idea: A person cannot avoid liability by saying they did not know the law.
Injuria sine damnoTort law＋
Meaning: A legal wrong without actual loss.
Idea: A violation of a legal right can be actionable even without proof of loss.
Nemo dat quod non habetProperty and sale＋
Meaning: No one gives what they do not have.
Idea: A seller generally cannot pass a better title than their own.
Nemo debet bis vexari pro una et eadem causaCriminal law＋
Meaning: No one should be troubled twice for the same cause.
Idea: The idea behind double jeopardy, protected by Article 20(2).
Nemo judex in causa suaNatural justice＋
Meaning: No one should be a judge in their own cause.
Idea: The rule against bias.
Noscitur a sociisInterpretation＋
Meaning: A word is known by the company it keeps.
Idea: The meaning of an unclear word is taken from the words around it.
Obiter dictaPrecedent＋
Meaning: Things said in passing.
Idea: Remarks in a judgment that are not necessary for the decision. They are persuasive, not binding.
Pacta sunt servandaContract law＋
Meaning: Agreements must be kept.
Idea: The basic principle that promises should be honoured.
Per incuriamPrecedent＋
Meaning: Through lack of care.
Idea: A decision made without noticing a binding authority or statute may lose its precedent value.
Ratio decidendiPrecedent＋
Meaning: The reason for the decision.
Idea: The legal principle on which a decision rests.
Res ipsa loquiturTort law＋
Meaning: The thing speaks for itself.
Idea: In some negligence cases the accident itself suggests negligence.
Res judicataCivil procedure＋
Meaning: A matter already judged.
Idea: A matter finally decided between the same parties cannot be re-opened.
Respondeat superiorTort law＋
Meaning: Let the superior answer.
Idea: The basis of vicarious liability of an employer for an employee.
Stare decisisPrecedent＋
Meaning: To stand by what has been decided.
Idea: Courts follow earlier decisions. Under Article 141, Supreme Court law binds all courts.
Sub judiceProcedure＋
Meaning: Under judicial consideration.
Idea: A matter pending before a court.
Ubi jus ibi remediumGeneral＋
Meaning: Where there is a right, there is a remedy.
Idea: A legal right should have a legal remedy.
Ultra viresAdministrative law＋
Meaning: Beyond the powers.
Idea: An act beyond the authority given by law can be challenged.
Vigilantibus non dormientibus jura subveniuntCivil law＋
Meaning: The law helps those who are vigilant, not those who sleep on their rights.
Idea: The idea behind limitation periods.
Volenti non fit injuriaTort law＋
Meaning: No wrong is done to one who consents.
Idea: Consent to a risk can be a defence in tort, subject to limits.
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