LEGAL MAXIMS

Ab Initio – From the beginning.

Actionable per se – The very act is punishable, and no proof of damage is required.

Actio personalis moritur cum persona – A personal right of action dies with the person.

Actori incumbit onus probandi – The burden of proof is on the plaintiff.

Actus me invito factus non est mens actus – An act done by me against my will is not my act.

Actus non facit reum nisi mens sit rea – An act does not make one guilty unless it is accompanied by a guilty mind.

Actus reus – Guilty act.

Actus Reus Non Facit Reum Nisi Mens Sit Rea – Conviction of a crime requires proof of a criminal act and intent. 

Ad hoc – For the particular end or case at hand.

Alibi – At another place, elsewhere.

Amicus Curiae – A friend of court or member of the Bar who is appointed to assist the court.

Ante Litem Motam – Before suit brought; before controversy instituted, or spoken before a lawsuit is brought.

Assentio mentium – The meeting of minds, i.e. mutual assents.

Audi alteram partem – No man shall be condemned unheard.

Bona fide – In good faith.

Bona vacantia – Goods without an owner.

Caveat actor – Let the doer beware.

Caveat emptor – Let the buyer beware.

Caveat venditor -Let the seller beware.

Corpus – Body.

 Corpus delicti – The facts and circumstances constituting a crime.

Damnum sine injuria – Damages without injuries.

De facto – In fact.

De jure – By law.

De minimis – About minimal things.

De Minimis Non Curat Lex – Law is not concerned with small or insignificant things/matters. 

De novo – To make something anew.

Dictum – Statement of law made by the judge in the course of the decision but not necessary to the decision itself.

Donatio mortis causa – Gift because of death. Or a future gift given in expectation of the donor’s imminent death and only delivered upon the donor’s death.

Estoppel – Prevented from denying.

Ex gratia – As favor.

Ex officio – Because of an office held.

Ex parte – Proceedings in the absence of the other party.

Ex post facto – Out of the aftermath. Or after the fact.

Falsus in uno falsus in omnibus – It means false in one thing, false in everything. 

Factum probandum – It means the facts that need to be proved. 

Factum probans – A fact or statement of facts offered in evidence as proof of another fact. 

Functus officio – No longer having power or jurisdiction.

Habeas corpus – A writ to have the body of a person to be brought in before the judge.

Ignorantia legis neminem excusat. - Ignorance of the law excuses no one from compliance therewith.

Injuria sine damnum – Injury without damage.

Ipso facto – By the mere fact.

In personam – A proceeding in which relief I sought against a specific person.

Innuendo – Spoken words that are defamatory because they have a double meaning.

In status quo – In the present state.

Inter alia – Among other things.

Inter vivos – Between living people (especially of a gift).

Jus cogens or ius cogens – Compelling law.

Jus in personam – Right against a specific person (or party). 

Jus in rem – Right against the world at large. 

Jus naturale – Natural law

Jus soli – Right of soil.

Jus sanguins – Right of blood or descent.

Lex Fori – The law of the country. 

Lex prospicit non respicit (the law looks forward, not backward).

Locus standi – Right of a party to an action to appear and be heard by the court.

Mala fide – In bad faith.

Malum in se or Mala in se (plural) – Wrong or evil in itself. 

Malum prohibitum – An act that is prohibited by law.

Mandamus – ‘We command’. A writ of command issued by a higher court to government and public authority to compel the performance of public duty.

Mens rea – Guilty mind.

Modus operandi – Way of working. Or mode of operation.

Modus Vivendi – Way of living.

Mutatis Mutandis – With  the respective differences having been considered.

Nolle prosequi – A formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit.

Novation – Transaction in which a new contract is agreed by all parties to replace an existing contract.

Nunc pro tunc – Now for then. A ruling nunc pro tunc applies retroactively to correct an earlier ruling.

Non Sequitur – A statement (such as a response) that does not follow logically from or is not clearly related to anything previously said.

Obiter dictum – Things said by the way. It is generally used in law to refer to an opinion or non-necessary remark made by a judge. It does not act as a precedent.

Onus probandi – Burden of proof. 

Pacta Sunt Servanda – Agreements must be kept. Or Agreements are legally binding.

Pari passu – With an equal step. 

Particeps criminis – A participator in the actual crime/partner in crime.

Per curiam (decision or opinion) – By the court. In other words, the decision is made by the court (or at least, a majority of the court) acting collectively.

Per se – By itself.

Persona non grata – A person who is unacceptable or unwelcome.

Prima facie – At first sight. Or on the face of it.

Alimony – A husband’s (or wife’s) provision for a spouse after separation or divorce.

Palimony – Money which a man pays to a woman with whom he has been living and from whom he is separated. Palimony has slightly different meanings in different jurisdictions.

Per curiam – By a court.

Quantum meruit – What one has earned. Or the amount he deserves.

Quid pro quo – Something for something.

Quo warranto – By what authority. A writ calling upon one to show under what authority he holds or claims a public office.

Ratio decidendi – Principle or reason underlying a court judgment. Or the rule of law on which a judicial decision is based.

Respondeat superior – The master-servant rule.

Res ipsa loquitor – The thing speaks for itself. 

Res Judicata – A matter finally decided by a competent court on the basis of merits. 

Salus populi est suprema lex or Suprema lex salus populi – The welfare of the people is the supreme law. 

Status quo – State of things as they are now.

Sine die – With no day (indefinitely).

Sine qua non – An essential condition. A thing that is absolutely necessary. 

Ubi jus ibi remedium – Where there is a right, there is a remedy.

Vice versa – Reverse position.

Volenti nonfit injuria – Damage suffered by consent gives no cause of action. 

In other words, If someone willingly places himself in a position where he knows that harm might result, then he is not able (allowed) to bring a claim against the other party in tort or delict (a violation of the law).

Vox populi – Voice of the people; Opinion of the majority of the people.

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