Key Legal Maxims and their meaning

 

1.       Nemo Judex in Causa Sua: it means a man cannot be a judge in his own course or case. This maxim is mostly used in administrative and constitutional law.

2.      Delegatus non Potest Delegere: A delegate cannot sub-delegate. It also means a delegate or deputy cannot appoint. This maxim is relative to the Law of Agency.

3.      Mutatis Mutandis: This suggests that all matters that are generally the same should be treated in the same manner. This is common under the law of contract.

4.      Actus non facit reum nisi mens sit rea: This means an act does not make a person guilty unless the mind is guilty. It also means the act does not make a person criminal unless his mind is criminal.

5.      Volenti non fit injuria: This means a person is not wronged by the act which he or she consents to. For example, if one voluntarily exposes himself to an act, he or she is deemed to have accepted any harm associated with it. This is common under the law of torts (principle of negligence).

6.      Res Ipso Loquitor: It means the thing or fact speaks for itself. For example in some circumstances the mere fact of the occurrence of accident raises an inference of negligence so as to establish a prima facie case. This is common under the law of torts.

7.      Quic quid plantatur solo solo cedit: This means that whatever is affixed to the land forms part of the land. It also means he who owns the land owns everything beneath and above the land. This applies majorly in the realm of Land Law and Property Law (Mortgage) etc.

8.     Audi alterem partem: It means hear the other side or no one should be condemned unheard. It is a legal way of reasoning which upholds that in judgment one must not jump into conclusion without hearing both sides.

9.      Nemo dat quod non habet: This means no one gives what he does not own or have. No one can transfer a right on a thing he does not possess.

10.  Locus in quo: It means the scene of the crime or the place where what is alleged occurred. This is common to the Law of Evidence and Criminal Law.

11.   Locus Standi: Legal right or place of standing. It also means the right to bring an action or to be heard in a given form. This is common to the realm of civil procedure.  

12.  Ubi jus ibi remedium: it means where there is a right, there is a corresponding remedy. This is common to Jurisprudence and the principles of equity.

13.  Ubi societa ubi jus: it means where there is society there must be law.

14.  Nemo est supra leges: No one is above the law.

15.   Bona fide: Right owner. It also means in good faith e.g made in good faith without fraud or deceit. This applies to the law of contract etc.

16.  Mala fide: wrong owner. It means bad faith e.g dishonesty of belief or purpose. For example: the lawyer filed the pleading mala fide. This applies to contract, evidence, civil procedure etc.

17.   Ab Initio: from the beginning.

18.  Addendum: in addition.