Legal Word, Phrases & Maxims

By | September 24, 2016
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A FortioriBy so much the stronger reason, i.e., all the more
A PosterioriArgument from the consequence to the antecedent
A PrioriDeductive; from earlier i. e., original or antecedent; argument from antecedent to the consequent; not empirical
A PrendreSee Profit
Ab AntiquoFrom Ancient times
Ab ExtraFrom without
Ab InitioFrom the beginning
Ab Intestato‘Succession ab intestate’ means succession to the property of a person who has not made his will
Ab IntraFrom within
Absolute sententia expositore non indigetPlain language does not need an interpreter
AbsolviturAn acquittal; a decree in favour of the defendant
Absque Impetitione VastiWithout impeachment of waste
Absque InjuriaWithout any infringement of a right
Absque TalicausaWithout such cause
Acquitas factum habet quod fieri oportuitEquity regards as done that which ought to have been done. Equity treats a contract to do a thing as producing the state of affairs which the parties intended should exist when the contract had been duly performed
ActionaryA shareholder
Act in paisA judicial or other act performed out of court and not a matter of record
Actus ReusWrongful act
Ad alium diemAt another day
Ad audiendumTo hear
Ad DiemAt the day
Ad Filum AquaeTo the thread or centre line of the stream
Ad.Filum viseTo the centre of the way or road
Ad FinemAt or near end
Ad HocFor this
Ad hominemTo the man ; personal
Ad IdemAgreeing in the essential point
Ad InfinitumWithout limit
Ad InterimIn the meantime
Ad LitemOn a suit or action
Ad LongumAt length
Ad Miseri CordiumIn pity
Ad NauseumDisgusting
Ad ReferendumFor further consideration
Ad ValoremAccording to the value
Alia EnormiaOther wrongs. A declaration in trespass usually concluded thus ; “and other wrongs to the plaintiff then did” etc. [Rawson]
AliasOtherwise called
AlibiA plea by a person accused of an offence that he was ‘elsewhere’ – that having regard to the time and place when and where he is alleged to have committed the offence, he could no have been present.
Alieni JurisUnder another’s authority. See Sui • juris
Alieno soloIn the land of another ; on other’s land
Alio IntuitieWith another intent than that alleged, i, e., not bona fide
AliterOtherwise
Amicus Curiae(Friend of Court) ; A stander-by, not being a party to, or interested in, the cause, who informs the Court of any decided case or other fact of which it can take judicial notice. [Rawson]
Animus deserendiIntention to desert
Animus dominiThe intention of possession and ownership by entry or user
Animus possidendiThe intention of possessing
Animus revertendiThe intention of returning
AnteA reference to the previous part of the same book or statement
Ante BellumBefore the war
Ante Litem MotamBefore litigation commenced
Arbitrium est JudiciumAn award is a judgment
Audi alteram partemHear the other side. Both sides should be heard before a decision is arrived at
Aute De FeAct of faith
Autre (Auter) DroitIn right of another, e. g., a trustee holds in the right of his cestui que trust
Autre Fois AcquitFormerly acquitted. A plea in criminal cases that one has been already acquitted on the same charge
Autre Fois AttaintFormerly attainted. A plea in criminal cases that one is still attainted
Autre Fois ConvictFormerly – convicted. A plea in criminal cases that one was already convicted on the same charge
A Vinculo MatrimoniFrom the bond of matrimony

 

B
Bastard EigneIf a man has a natural son, and afterwards marry the mother, and by her have a legitimate son, the latter is called mulier puisne and the elder son Bastard eigne [Rawson]
Bille VeraA true bill
Bona FideWith good faith, i. e., without fraud or unfair dealing
Brevia TestaShort attested memoranda, originally introduced to obviate the uncertainty arising from parol feoffments : hence modern conveyances have gradually arisen. [Rawson]

 

C
Cadit QueslioThe argument is at end
Camera StellataThe Star Chamber, a Court originally created to prevent the obstruction cf justice in the inferior courts by undue influence
Cassetur Billa(Let the bill be quashed) ; an entry on the record that the plaintiff withdraws his bill
Casus BelliAn occurrence giving rise to or justifying war
Casus FaederisA case stipulated by treaty or which comes within the terms of compact
Casus OmissusA point unprovided for by statute
Causa CausansThe immediate cause ; same as causa proxima
Causa ‘MortisIn respect of death
Causa Proxima[See Causa causans]
Causa sine qua nonA cause without which the effect would not have been caused
Caveat EmptorLet the purchaser beware. Where the purchaser does not require a warranty, he, in most cases, has to take the risk of the article not being of the desired quality. [Rawson]
Caveat ViatorLet the traveller beware. This applies where gratuitous permission is given to persons to pass over private land, who must take the risk of accident arising from negligence of the owner. [Rawson]
Cepi corpusI have taken the body and have it ready
Cestui Que TrustThe person who possesses the equitable or beneficial right to property, the legal estate of which is vested in a trustee. Also called a beneficiary
Clam Viaut PrecarioBy stealth, force or licence
Communis error facit jusCommon or universal error makes law
Conge D’ AccorderLeave to accord or agree
Conge D’ ElireLeave to choose
Consideratum Est Per CuriamIt has been considered by the court
Contractue uberrima fidesContract requiring of utmost goodwill
Contra Bonos MoresAgainst good morals
Coram Non JudiceIn presence of a person who is not Ridge
Coram ParibusBefore his peers
Corpus delictiThe body of facts which constitute an offence; gist or of the offence
Corpus possessionisThe thing possessed
Cry De PaisHue and cry
Culpa Lata or MagnaGross neglect
Culpa LevisSlight or excusable neglect
Cum Grano SalisWith a grain of salt
Cum Testamento AnnexoWith the will annexed
Curia Advisari Vult(Abbreviated as cur. adv. vult, or C.A.V.) The desires to consider
(In) Custodia LegisIn the custody of the law

 

D
Damage-Feaisant or FaisantDoing damage
Damnosa HaereditasA disadvantageous or unprofitable inheritance
Damnum Absque Injuria, also Damnum Sine InjuriaLoss of by an act is not wrongful
DataWhat is given ; the promises upon which an argument is based ; certain given facts from which others may be inferred
De Bene EsseTo allow a thing to be done provisionally and out of due course. This phrase is used when anything is allowed to be done at a present time with the view of its being examined at a future time, and then standing or falling according to the merit of the thing in its own nature.
Debitum FundiA real debt, a charge on land
Decree nisiA decree is said to be made nisi when it is to take effect after a specified period or after the person affected by it fails to show cause against it within a certain time
De Die in DiemFrom day to day ; continuously
Dedi et ConcessiI have given and granted
Dedimus PotestatumWe have given the power
De Facto, De JureIn fact, by right
Defectus SanguinsFailure of issue
DehorsOutside of ; unconnected with ; unrelated to
De jureIn law, independent of what obtains in fact
De minimis non , curat lexThe law takes no account of very trifling matters [S. 95, I.P.C.]
Delegatus non potest delegareA delegated power cannot be further delegated
deli in capaxIncapable of malice. In Indian Law, this conclusive presumption has been adopted for children under seven years of age. [S. 82. I.P.C.]
De NovoAnew, afresh
Dies NonDay on which no legal business can be transacted, e. g., Sunday. Christmas Day
Dom Proc (Domus procerum)The House of Lords
Donatio Mortis CausaA gift of personal property in prospect of death
Dum SolaWhilst single or unmarried
Dureate bene placitoDuring the pleasure

 

E
Edictal CitationPassages or names quoted on edicts
Ejusdem GenerisOf the same kind or nature
En ventre sa mereChild in womb
Eminent domainThe right of power of the government to take private property for public use on making just compensation therefor. The power of a Sovereign State to take or to authorise the taking of any property with in its jurisdiction for public use without the owner’s consent
Ex Abundanti CautelaFrom abundant or excessive caution
Ex CathedraWith the weight of one in authority
Executio est finis et fructus legisExecution is the end and fruit of the law
Ex Debito JustitiaeFrom what is due of right
Ex-delictoFrom a delict, tort, fault, crime or malfeasance
Exempli Gratia(Abbreviated as e.g.,) For the purpose of example
Ex Mero MotuOf his own accord
Ex OfficioBy virtue of his office
Ex pacto illicito non oritur actioNo action arises on an illegal agreement
Ex parteExpression used to signify something done or said by one person not in the presence of his opponent
Ex Post FactoMade after the occurrence
Ex Relatione AmiciNarrated to the reporter by a friend
Ex turpi causaFrom a base cause
Ex Ve TerminiFrom the force or meaning of the expression

 

F
FacsimileMade it like ; an exact copy
Factum ValetThe “fact which cannot be altered” though it should not have been done
Fait accompliAn accomplished fact
Fait EnrolleA deed enrolled
Falsa DemonstratioThe incorrectly described quantity has to be rejected as falsa demonstratio. [Irongaobi Pisciculture Co-operative Society v Chief Commissioner of Manipur, AIR 1969 Manipur 84 (87)]
FangA thief taken with the fang is one caught having the stolen property upon him
Felo De SeA felon with respect to himself ; a suicide
Feme CovertA married woman
Femi SoleAn unmarried woman
Ferae NaturaeWild animals
FaitLet it be done ; a decree
Flagrante DelictoIn the very act of committing the crime
Fiat justitiaLet justice be done
Fiat justitia, ruat caelumLet justice be done, though the heavens fall
FoetusA baby in the womb
ForumA Court
Forum OriginisThe Court of the country of a man’s domicile by birth
Functus OfficioThe phrase is used of one who having discharged his duty has terminated his authority or appointment

 

G
Gestio Pro HaeredeBehaviour as heir ; conduct by which the heir renders himself liable for his ancestor’s debts, as by taking possession of title-deeds, receiving rent, etc. [Rowson]
Gilda MercatoriaA mercantile meeting or assembly
Glebae AscriptitiiAssigned to the land

 

H
Haeredes ProximiHeirs begotten ; children
Haeredes RemotioresHeirs riot begotten, e.g., grand children and. others descending in a direct line
Haereditas JacensAn inheritance not taken up
Haeres FaetusHeir appointed by will
Haeres NatusHeir by descent
Hors de combatUnfit to light, disabled

 

I
Ibidim, Ibid, IdIn the same place, volume of case
Idem Per IdemAn illustration or proof
Idem SonansSounding alike
litera LegisLetter of legislation
ImprimaturA licence to print or publish
In Alio LocoIn another place
In Arbitrio JudicisAt the discretion of the Judge
In Articulo MortisAt the point of death
In Auter (Autre) DroitIn another’s right
In Custodia LegisIn the custody of the law
In EsseActually existing ; as opposed to in posse : in a state of possible existence
In ExtensoFrom beginning to end ; leaving out nothing
In ExtremisAt the last gasp
In Favorem Libertatis or VitaeIn favour of liberty or life
In FieriIn course of accomplishment or completion
In Forma PauperisAs a ‘pauper’ . See Pauper
In Gemio LegisIn the bosom of the law
In InvidiumTo excite prejudice
In InvitumAgainst a person’s will
In LimineAt the outset
In Loco ParentisWhen a person assumes the moral obligation of providing for an infant as a parent should, he is said to be in loco parentis i.e., in the place of a parent
In Medias ResTo the heart of the matter
In NotisIn the notes
In FaisDone without legal formalities
In pari delictoWhen both parties are equally in fault, in equal fault
In Pari MateriaIn an analogous case
In personamAn act or proceeding done or directed against or with reference to a specific person
In possePossibility of being as opposed to in esse-in a state of being Achikd en ventre sa mere is a child in posse but the law regards it as in esse for all purposes which are for its benefit
In presentiAt the present time ; at once ; immediately effective
In ReIn the matter of
In remAn act or proceeding done or directed with reference to no specific person or with reference to all whom it might concern
In SolidoIn the whole ; entirely
In Status quoIn an unaltered old state
In TerroremFor the purpose of intimidating
In Totidem VerbisIn so many words
In TotoIn the whole ; totally
IncipiturIt is begun
Injuria sine damnoInjury without damage ; am infringement of a right without causing damage
Intelligible differentiaDifference capable of being understood. A factor that distinguishes one in different state or class from another which is capable of being understood
Inter AliaAmong other things
Intra ViresWithin its powers, as opposed to ultra vires
Ipse Dixit(He himself and it) ; a mere or bare assertion resting on one’s own authority
Ipso FactoBy the very fact itself
Ipso jureBy the law, itself
Ire Ad LargumTo go at large

 

J
Judicium DeiJudgment of God
Juris Et De JureOf law and from law. A conclusive presumption, which cannot be rebutted, is so called
Jus Ad RemAn inchoate and imperfect right
Jus communeThe common and natural rule of right
Jus DesponendiThe right of disposing of property
Jus dicere et non ins dareTo declare the law, not to make it
Jus in PersonamA right against another person to oblige him to do or not to do something
Jus In ReA complete and full right to a thing to the exclusion of all other men
Jus non scriptumThe unwritten law
Jus PrecariumA right depending on request, not enforceable at law
Jus PrivatumThe private or civil or municipal law
Jus RelictaeThe right of a widow in her deceased husband’s personality
Jus TertiiThe right of a third person
Juxta Formum StatutiAccording to the form cf the statute

 

L
Legitimi HaeredesLegitimate heirs-agnates
Leonina SocietasA partnership in which one gets the lion’s share
Lex DomiciliiThe law of the country of one’s domicile
Lex ForiThe law of the country where an action is brought
Lex Loci ContractusThe law of the country where the contract was made
Lex Loci DelictiThe law of the country where a tort has been committed
Lex Loci Rei SitaeThe law of the place where the thing is situate
Lex MercatoriaThe mercantile law
Lex non cogit ad impossibiliaThe law dues not compel the impossible
Lex Non ScriptaThe unwritten law
Lex OrdinandiSame as Lex fori
Lex ScriptaThe written or statute law
Lex TalionisThe law of realisation
Lex tallienes(Law of retaliation)
Liberum TenementumFrank. or free tenement
Lis pendensA pendig suit
Loco Regit ActumThe place governs the act
Locum TenensA deputy
Locus in QuoThe place in which
Locus PoenitentiaeA chance of repentence
Locus StandiThe right of a party to appear and be heard by a court of justice

 

M
Mala FidesBad faith as opposed to bona fide
Mala in SeActs which are wrong in themselves whether prohibited by human laws or not as distinguished from mala prohibita.
Mala PraxisBad management
Mala ProhibitaActs prohibited by human law
Malitia PraecogitaMalice atore-thought.
Malo GrateIn spite ; unwillingly
Malus usuoA bad custom
Mens reaA guilty mind
MesneMiddle or intermediate
Mesne profitsThe profits which a person in wrongful possession of the property actually received or might with ordinary diligence have received therefrom together with interest on such profits excluding the profits due to improvement made by the person in wrongful possession
Miseri CordiaAn arbitrary americament or punshment
Modo Et FormaIn the manner and the form mentioned
Modus operandiMode of operating ; the way in which a thing, cause etc. operates ; the way in which a person goes to work ; a distinct pattern or method of procedure thought to be characteristics of an individual criminal and habitually followed by him
Modus vivendiThe manner of living ; a way of life
Mutatis MutandisWith the necessary changes being made. When there is provision in a statute to apply certain law or its provision mutatis mutandis, the same cannot imply delegation, or abdication of legislative power. [Debi Mata v State of W.B., 76 CWN 308: AIR 1972 Cal 497]

 

N
Nemine contradicente(Nem, con.) Non contradicting
NemoNo one, nobody
NexusBond, link or connection
NisiA decree, rule or order of the Court is said to be made nisi when it is not to be of force unless the party against whom it is made fails within a certain time to show cause against, i.e., a good reason why it should not be made. [Rawson]
Nisi PriusA nisi prius trial now means a trial before Judge with a jury
Nolle ProsequiTo be unwilling to prosecute
Nolens VolenseWhether willing or unwilling
Nomen generalissiumExtremely common name
Non AssumpsitHe did not promise
Non bis in idemNonn twice for the same
Non CepitHe took not
Non Compos MentisPerson of unsound mind
Non ConsessitHe did not grant
Non ConstatIt is not certain, it does not follow
Non DemisitHe did not demise
Non est factumIt is a defence in an action founded on a document when there has been a mistake as to the very nature of the transaction
Non ObstanteNotwithstanding
Non SequiturIt does not follow
Noscitur a SociisOne is known by his companions ; the meaning of a word or expression is to be gathered from the surrounding words, that is from the context
Novos Actus InterveniensA new act intervening
Nudum PactumA bare contract, i. e., one not made under seal and for no consideration
Nullius FiliusA son of nobody, i.e., a natural child

 

O
Obiter DictumA saying by the way
Onus ProbandiOnus of proof
Ore TenusBy word of mouth

 

P
Pacta sunt servandaContracts are to be kept
Pari MateriaHaving same matter, text or language
Pari PassuWith equal steps
Pars RationabilisReasonable part
Particeps CriminisA partner in crime
Participient CriminisSharer of a crime
Pater FamiliasA sui juris and head of the family
Pendente LiteDuring pendency of litigation
Per annumBy the year
Per CapitaBy the number of individuals
Per Centum ad ValoremPercentage according to the value
Per diemBy the day
Per mensemBy the month
Per StirpesBy the number of families
Per IncuriamThought want of care
Per QuadWhereby
Per SeBy itself
Persona DesignataOne described as an individual
Persona grataAn acceptable person (in diplomatic parlance)
Persona non grataAn unacceptable person (in diplomatic parlance)
Pessimi ExempliOf the worst example
Plenum dominiumFull ownership, the right of property in a thing coupled with the right to its. use and enjoyment
Post Litem MotamAfter the starting of litigation
Prima FacieOn the first aspect
Prima ImpressionisOf first impression
Privatum Commodum Publico CetidPrivate advantage must yield to public
Pro FormaAs a matter of form
Pro Hac ViceFor this occasion
Pro RataIn proportion
Probono PublicoFor the public good
Pro tantoTo that extent
Pro TemporeFor the time being, temporarily, provisionally
Proprio VigoreBy its own force
Public JurisOf public right
PuisneLater born

 

Q
QuaIn the character of, in virtue of being
QuarantineAs must be deserved
Quantum ValebantAs much they were worth
Que Est Eadem(Which is the same), a form of plea in actions of trespass and the like, traversing the time and place named in the declaration. [Rawson]
Quia Timet injunctionWhere an injunction is granted to prevent a threatened as distinguished from an existing wrongful act, it is called quia timet injunction
Quid Pro QuoSomething for something ; a consideration
Quo AnimoWith that mind
Quoad HocAs to this
Quod cumThat whereas
Quod RecuperetThat he do recover the debt or damages, a final judgment for a plaintiff in a personal action
Quod UltraAs to the rest
Q. V.-Quod Vide(Which see) ; a means of reference to the word which precedes

 

R
Raison d’ EtreReason or justification for existence.
Ratio DecidendiThe reason for the decision in a cause or matter
Ratio LegisThe reasons or occasion of the law
Ratione TenuraeBy reason of tenure or occupation
Recius in CuriaOne against whom no accusation is made
Reductio Ad AbsurdumThe method of disproving an argument – showing that it leads to an absurd conclusion
Regulae GeneralesGeneral rules
Res CommunesThings common to all
Res GestaeAll things done in the course of a transaction
Res IntegraA matter not yet decided
Res Ipsa Loquitur(The thing speaks for itself). A matter in which no proof is required. A phrase used in actions for injuries due to negligence
Res JudicataA matter already judicially decided
Res NulliusA thing that has no owner
Res PublicaeThings of the state dedicated to the use of citizens
Restitutio in IntegrumThe rescinding of a contract or transaction on the ground of fraud, etc, so as to restore the parties to their original position. [Rawson]
Rule nisiA rule or order upon condition that is to become absolute when cause is shown to the contrary

 

S
S. C.Same case
Sans RecoursWithout recourse
Scienter(Knowingly, wilfuly), an allegation in the pleading that the defen-dant did the thing in question wilfully. It must be proved in an action of deceit. [Rawson]
Secundum Allegataet probataAccording to the pleadings and the proofs
Secus(Otherwise), to the contrary effect
Semble(It seems). Used in Reports to show that a point is not decided directly, but may be inferred
Sine DieWithout day ; indefinitely
Sine ProbleWithout issue
Sine Qua NonAn indispensable requisite
SolatiumA sum paid to an injured party over and above the actual damages by way of solace to his wounded feelings
Spes SuccessionisThe chance of an heir apparent succeeding to an estate
Stare DecisisTo stand by thing decided ; to abide by precedents where the same points come again in litigation
Status quoExisting condition
Strictissimi JurisOf the most strict law
Sub ModoUnder condition or restriction
SubpoeneaA writ commanding attendance in a court under penalty
Sub JudiceIn course of trial
Sub SilentioIn silence
Suggestio FalsiA false suggestion, misrepresentation
Sui Juris(Of his own right), a person who is neither a minor nor insane nor subject to any disability, as opposed to alieni juris.
Suppressio VeriA wilful concealment of a truth
Sus. Per. CollLet him be hanged by the neck

 

T
Terminus A QuoThe starting point
Terminus Ad QuemThe terminal point
Terra FirmaFirm ground
Totidem VerbisIn so many words
Toties QuotiesAs often as occasion arises
Transfer Inter VivosTransfer between living persons [S. 2(d). Government Savings Certificates Act]
Trustee do son TortOne who, of his own authority, enters into the possession or attends to the management of the porperty which belongs beneficially to another
Turpis CausaA base or immoral consideration, on which no action can be founded

 

U
Uberrima Fides(Most entire confidence). Contracts made between persons in a particular relationship of confidence, as guardian and ward, attorney and client, or insured and insurer, require the fullest information to be given before hand by the person in whom the confidence is reposed to the person confiding, or the court will refuse to enforce the contract on behalf of the former. [Rawson]
Ubi jus ibi remediumWhen there is a right, there is a remedy
Ultimtus HaeresThe ultimate or last heir
Ultra ViresBeyond their powers. It means that something has been clone by a person or body of persons which was beyond him, or their power

 

V
Vadium MortuumA dead pledge ; a mortgage
Valebat QuantumLet it have its weight
Vi Et ArmisBy force of arms
VideSee ; a word of reference
ViresAuthority ; power
Vis MajorIrresistible force
Viva VoceBy word of mouth

 

Foreign Legal Maxims

A
A Verbis Legis Non Est, RecedendumFrom the words of the law there must be no departure.
Ab Assuetis, Non Fit InjuriaFrom things to which we are accustomed no legal wrong can arise.
Abundans Cautela Non NocetExtreme care does no mischief.
Accessorium Sequitur Suum PrincipaleThat which is accessory or incidental follows its principal, e.g., crops or fixtures go with the land they are on.
Accusare Nemo Se DebetNo one is bound to accuse himself.
Actio Personalis Moritur Cum PersonaA personal action dies with the person
Actor Incumbit Onus ProbandiThe burden cf proof lies on the plaintiff.
Actor Sequitur Forum ReiA plaintiff follows the Court of the defendant.
Actori Non Probante Reus AbsolviturWhen the plaintiff does not prove his case, defendant is acquitted.
Actus Curae Neminer Fact InjuriamThe act of the Court does wrong to no one.
Actus Dei Ressisi NocetThe act of God prejudices no one.
Actus Me Invito Factus, Non Est MensactusAn act done by me against my will is not my act.
Actus -Non Facit Reum, Nisi Mens Sit ReaAn act does not make a man –;-less he be so in intention.
Adversus extraneous -vitiosa possessio prodessi soletAn imperfect possession is accustomed to prevail as against outsiders claiming adversely.
Aedificatum Solo, Solo CeditThat which is built upon the land goes with the land.
Acquitas Est Quasi AequalitasEquity is, as it were, equality.
Aequitas Sequitur LegemEquity follows laws.
Aflectus Yunitur Licet Non Sequatur EffeetusThe intention is punished the consequences do not follow
Affirmenti, Non Neganti, Incumbit ProratioThe burden of proof lies upon him who affirms, not upon him who denies.
Agentes Et Consentien Tes Pari Paens PlectenturActing and consenting parties are liable to the same punishment.
Alienatio Rei Praefertur Juri AccrescendiAlienation is favour rather than accumulation.
Alii Per Alium Non Acquiritur ObligatioOne man cannot incur a liability through another.
Allegans Contaria Non Est AudiendusA person making contradictory allegations is not to be listened to.
Ambigua Responsis Contra Proferentem Est AccipiendaAn ambiguous answer is to be taken against him who makes it.
Ambiguitas Verborum Latensverificatione suppletur, nam quod ex facto oritur.
Ambiguum Verificatione facti tolliturLatent ambiguity of words may be removed by parole evidence, for an ambiguity arising upon proof of extraneous fact may be removed in like manner.
Ambiguitas Verborum Patens Nulls Verificatione excluditurA patent ambiguity cannot be cleared up by extrinsic evidence [S. 93, Indian Evidence Act].
Animus Ad Se Omina JusducitIntention attracts all law to itself.
Aqua Cedit SoloWater passes with the soil.
Argumentum a Simili Valet in LegeAn argument from a like case is good in law. The binding effect of a decision does not depend upon whether a particular argument was considered therein or not provided that the point with reference to which an argument was subsequently advanced was actually decided.
Assignatus Utitur Jure AuctorisThe assignee gets only the right of the assignor.

 

B
Bis Dat Qui Cito DatHe gives double who gives promptly.

 

C
Causa Proxima, Non Remota Specs TaturThe immediate and not the remote cause is to be regarded.
Cessante Causa, Cessat EffectusThe cause ceasing, the effect ceases.
Cessante Ratione Leg-is Cessat Ipsa LexThe reason of the law ceasing, the law itself ceases.
Cestum Est Quod Certain ReddipotestThat is certain which can be rendered certain.
Chiorgraphum Apud Debitorem Repertum PraesumiturA deed found with the debtor is presumed to be paid.
Clam Delinquentes Magis Puniuntur Quam PalamThose sinning secretly are punished more severely than those sinning openly.
Claussulae Inconsuetae Semper Inducunt SuspicionemUnusual clauses always, excite suspicion.
Commondum Ex Injuria Sua Memo Habera DebetNo person ought to have advantage from his own wrong.
Compendia Sunt DispendiaAbbreviations are a loss of time. [Cf. The longest way round is the shortest way home].
Consuetudo Debet Esse Certa ; Nam Incerta, Pro Nullis HabenturA custom should be certain, for uncertain things are held as nothing.
Consensus, Non Concubitus, Facit MatrimoniumConsent, not cohabitation, constitute marriage.
Consensus Tollit ErtoremConsent removes mistake.
Consuetudo Est Optimus Interpres LegumCustom is the best interpreter of laws.
Contemporanea Exposito Est Optima et Fortissima in legeA contemporaneous interpretation is the best and strongest in law.
Contra Non Valentem Agere Nulla Currit PraescriptioTime does not run against a person under disability.
Contractus Ex Turpi Causa Vel Contra Bones Mores NullusA contract arising from a base consideration, or against morality, is null.
Conventio Vincit LegemAn agreement prevails against any implication Of law.
Cuilibet in Arte Sua Perito Est CredendumEvery one who if skilled in his own act is to be believed.
Cuilibet licet juri pro se introduce to renuntiareOne may waive a legal right existing in his favour.
Cujus Est Commodum Ejus Debet Esse IncommodumHe who has the advantage should also have the disadvantage.
Cujus Est Dare Ejus Est DisponereWhose it is to give, his it is to regulate the manner of the gift.
Cujus Est Divisio Alterius Est ElectioWhen one party has the division, the other has the choice.
Cujus Est Instituere Ejus Est AbrogareHe that legislates may also abrogate.
Cuilibet Licet Juri Pro Se Introdue to RenuntiareOne may waive a legal right existing in his favour.
Culpa Lala Dolo AequiparaturGross negligence is equivalent to intentional wrong.
Culpae Paena Par EstoLet punishment be in proportion to the crime.
Cum Confitante Sponte Mitius Est AgendumOne confessing willingly should be dealt with more leniently.

 

D
De Minimis Non Curat LexThe law takes no account of trifles.
Debita Sequntur Personam DebitorisDebts follow the person of the debtor.
Debitor Non Presumitr DonareA debtor is not presumed to give.
Delegatus Non Potest DelegareA delegate has no power to delegate.
Dies Inceptus Pro Completo HabeturA day begun is held as complete.
Dolus Auctoris Non Nocet SuccessoriThe fraud of a predecessor prejudices not his successor.
Dolus Versatur in generalibusHe who wishes to decive uses general or ambiguous terms.
Domus Sun Euique Est Tutissimum RefugiumTo every one, hi, is the safest refuge. [Cf. Every man’s house is his own castle].
Donatio Non PraesumiturA gift is not presumed.
Donatio Perticitur Possessione AccipientisA gift is perfected by the possession of the receiver.
Dormiunt Aliquando Leges, Nunquam MoriunturThe laws sometimes never (lie).
Duo Non Possunt in Solidu Unam Rem PossidereTwo cannot possess the whole of one thing in its entirely.

 

E
Ejus Est Periculum Cujus Est Dominium Ant CommodumHe who has the dominion or advantage has the risk.
Ejus Nul a Culpa Est Cui Parer Necesse SitHe is not in any fault who is bound to obey.
Ex Antecidentibus Et Consequentibus Fit Optma InterpretatioThe best interpretation is made from the context.
Executio Juris Non Habet InjuriamThe execution of the process of law does no injury.
Executor De Son TortOne who takes upon himself the office of an executor by intrusion, not being so constituted by the testator.
Ex Diuturnitate Temporis Onmia Praesummuntur Rite Esse ActaAfter a lapse of time everything is presumed to have been properly done.
Ex Dolo Malo Non Oritur ActioNo right of action can arise cut of a fraud.
Ex Nudo Pacto Non Oritur ActioFrom a nude, contract, no right of action arises.
Ex Turpi Causa Non Oritur ActioFrom an immoral cause no arise”.
Exceptio Probat Regulam De Rebus Non ExceptisAn exception proves the rule concerning things not excepted.
Exempla Illustrant Non Restringunt LegemExamples illustrate but do restrain the law.
Expedit, Rei Publicae Ne Sua Reuqis Male UteturIt is for the public good that no one uses his property badly.
Expedit Rei Publicae Ut Sit Finis LitiumIt is for the public good that there should be an end to litigation.
Experientia DocetExperience teaches.
Expressio Unius Est Exclusio AlteriusThe mention of one is the exclusion of another.
Expressum Facit Cessare TaciturnWhat is expressed makes what is silent cease.
Extra Legum Position Est Civiliter MoriuusHe who is placed out of the law is civilly dead.
Ex Turpis Causa Non Oritur Actio“The court will not recognise a claim or cause of action based on a turpitude”. The plaintiff can challenge order of allotment, if he was in lawful possession c ; accommodation as tenant on relevant date, otherwise he has no right of suit. [Ramji Lal v. Balwant Singh, 1967 ALJ 410].

 

F
Facta Sunt Potentiora VerbiaDeeds are more powerful than words.
Faotum a Judice Quod Ad Ejus Officium Non Spectat, Non Ratum EsiAn action of a Judge which relates not to his office is of no case.
Fait Justitia Ruat CaelumLet right be done, though heavens should fall.
Falsa Demonstratio Non NocetA false description does not vitiate (a document).
Falsa Orthographia, Sive Falsa Grammatica, Non Vitiat ConcessionemBad spelling, or bad grammar does not vitiate a grant.
Falsus in Uno, Falsus OmnibusFalse in one thing false in all.
Fatetur Facinus Qui Judicium FugitHe who flies judgment confesses his guilt.
Fictio Leges Inique Opertur Alien Idamnum Vel InjuriamA legal fiction does not properly work loss or injury.
Fieri Non Debuit, Sed Factum ValetIt ought not to have done, but when done it is binding.
Fractionem Diei Non Receipit LexThe law does not take notice of a portion of a day.
Fraus Est Celare FraudemIt is fraud to conceal fraud.
Fraus Laten in GeneralibusFraud lies hid in general expressions.
Furiosis Nulla Voluntas EstA mad man has no will, i.e., he is not criminally responsible.
Fortum Non Est Ubi Initium Habet Detentionis Per Dominum ReiThere is no theft where the origin of the possession was with the consent of the owner.

 

G
Generalia Specialibus Non DerogantGeneral words do not derogate from special.
Generalia Verba Sunt Generaliter IntelligendaGeneral words are to be understood in a general sense.
Grammaiica Falsa Non Vitiat ChartumFalse grammar does not vitiate a deed.

 

I
Id Certum Est Quod Certum Reddi PotestThat is certain which can be reduced to a certainty.
Idem Est Non Esse Et Non ApparereNot to be and not to appear are the same. In the law of evidence where a person on whom the onus of proving an affirmative fails in such proof, the contrary is presumed, though there be no evidence in support of that presumption.
Ignorantia Facti Excusat, Ignorantia Juris Non ExcusatIgnorance of the fact excuses ; ignorance of the law excuses not.
Ignorantia Legis neminem Excusat (Ignorantia Legis haud excusat ; ignorantia Legis Non Excusat)Ignorance of law is no excuse.
In Aequali Jure Melior Est Coeditio PossidentisWhere the rights are equal, the condition of the possessor is best.
In Alternativis Electio EstdebitorisIn alternative the debtor has the election.
Inclusio Unius Est Exclusio AlteriusThe inclusion of one is the exclusion of another.
In Cemmobum Non Solvit ArgumentumInconvenience does net destroy an argument, e. 5., it is no answer to an action for the removal of a nuisance that it would be more inconvenient for defendant to remove it than to pay damages for the injury it may cause. In will cases it is sometimes otherwise. [Rawson].
In Consimili Casu, Consimili Debet Essse RemediumIn similar cases the remedy should be similar.
In Dubio Haec Legis Constructio Quam Uerba OstenduntIn a doubtful case, the construction which the words point out is the construction given by law.
In Factione Juris Semper Atquitas ExistitIn legal fictions there is always an inherent equity.
Iniquum Est Aliquem Rei Suae Esse Judiciem ; In Propria Causa Nemo Juder EstIt is unjust for any one to be a judge in his own case. No one should be judge in his own cause.
Injuria Non Excusat InjuriumOne wrong does not justify another.
Injuria Non PraesumiturInjury is not presumed.
In Maleficiis Voluntas. Non Exitus-SpectaturIn criminal acts the intention is to be regarded, not the result.
In Pari Delicto Potior Est Conditio PossidentisWhere both parties are equally in the wrong, the possessor or the defendant has the better position. [For applicability see Raja Ram v. Daulat Ram, AIR 1980 All 161].
In Societatis Contractibus Fides ExuberetThe strictest good faith must be observed in partnership transactions.
Intentio Imponit Nomen OperiThe intention gives the name to the act.
Interpretatio Talis Facienda Est Ut Res Magis Valeat Quam PereatSuch an interpretation is to be adopted that the thing may rather stand than fall.
Interest Reipublicae Ut Sit Finis LitiuumIt is in the interest of the State that there should be an end of law-suit.
Invito Beneficium Non DaturA benefit cannot be conferred on one who is unwilling to receive it.
Ita Utere Tuo Ut Alienum Non LeadasUse your own property so as not to injure your neighbour.

 

J
Judex Non Potest Esse Testis In Propria CrusaIn his own cause.
Judices Non Tenentur Exprimere Causam Sententiae SuaeJudges are not bound to explain the reason of their sentence.
Judicia Posteriora Sunt in Lege FortioraThe later decisions are the stronger in law.
Judicia Est Judicare Secundum Allegata Et ProbataIt is the duty of a Judge to decide according to facts alleged and proved.
Judicis Est Jus Dicere Non DareIt is for the Judge to administer, not to make laws.
Jura Non-Remota Causa Sed Proxima SpectaturIn law the immediate or proximate not the remote cause of any event is regarded.
Juratores Sunt indices FactiJurors are only judges of fact.
Juri Sanguinis Nunquam PraescribiturRelationship is not a matter of prescription.
Juri Ex Injuria Non OriturA right cannot arise out of wrong-doing.
Jus Publicum Privatorum Pactis Mutari Non PotestA public right cannot be altered by the agreement of private persons.

 

L
Lata Culpa Dolo AequiparaturGross negligence is tantamount to fraud.
Leges Posteriores Priores Contrarias AbrogantLater laws abrogate prior contrary laws.
Legis Interpretatio Legis Vim ObtinetThe interpretation of law obtains the force of law.
Lex Citius Tolerare Vult Privatum Damnum Quam Publicum MalumThe law will more readily tolerate a private less than a public evil.
Lex Dilationes ExhorretThe law always abhors delays.
Lex Nil Facit Frustra ; Nil Jubet FrustraThe law does nothing in vain.
Lex Non Cogita ImpossibiliaThe law forces not to impossibilities.
Lex Non Curat De MinimisThe law cares not about trifles.
Lex Respicit AequitatemThe law pays regard to equity.
Lex Spectat Naturae OrdinemThe law has regard to the order and course of nature.
Locus Regit ActumThe place governs the act.

 

M
Mala Grammatica Non Vitiat ChartumBad grammar does not vitiate an instrument,
Malitia Supplet AetatumMalice supplies want of age.
MELIOR Est Conditio Defendentis, or PossidentisThe party in possession is in a better condition, i. e., where rights are equal.
Melius Est Petere Fontes Quam Sectari RivulosIt is better to go to the fountain-head than to follow streamlets from it.
Minatur Innocentibus Qui Parcit NocentibusHe threatens the innocent who spares the guilty.
Misera Est Servitus Ubi Jus Est Vagum Aut IncognitumWretched is the slavery where the law is changeable or uncertain.
Mobilia Sequuntur PersonamMovables follow the person.
Modus Et Conventio Vincunt LegemCustom and agreement overrule law.

 

N
Natura Appetit Pepfectum ; Ita Et LexNature desires perfection ; so also law.
Naturae Non Facit Saltum ; Ita Nee LexNature takes no leap ; so neither does law.
Necessitas Est Lex Temporis Et LociNecessity is the law of time and place.
Necessitas Facit Licitum Quod Alias Non Est LicitumNecessity makes that lawful which otherwise is not lawful.
Necessitas Inducit Priviligum Quod Jura PrivataNecessity gives a privilege with reference to private rights.
Necessitas Non Habet LegemNecessity has no law.
Necessitas Publica Major Est Quam PrivataPublic necessity is greater than private.
Necessitas Quod Cogit DeffenditNecessity defends what it compels.
Necessitas Sub Lege Non Continetur Quia Quia Quod Alias Non Est Lictum Necessitas Facit LictumNecessity is not restrained by law ; since what otherwise is not lawful necessity makes lawful.
Necessitas Vincit Legen Legum Vincula IrridetNecessity overcomes law, it derives the fetters of laws.
Negatio Duplex Est AffirmatioA double negative is an affirmative.
Negligentia Sempeg Habet Infortunium ComitemNegligence has always misfortune for a companion.
Nemo Agit in SeipsumNo one impleads himself.
Nemo Allegans Turpitudinem Suam Audiendus EstNo one bearing testimony to his own baseness ought to be heard. [Raja Ram v. Daulat Ram, AIR 1980 All 161].
Nemo Contra Factum Suum Venire PotestNo one can go against his own deed.
Nemo Dat Quod Non HabetNo one can give that he has not, i.e., a better right one has cannot be passed.
Nemo Debet Bis Punire Pro Uno DelictoNo one ought to be punished twice for the same offence.
Nemo Debet Esse Judex in Propria CausaNo one can be a judge in his own cause.
Nemo Debet Locupietari Aliena JacturaNo one ought to be enriched by another’s disaster.
nemo De domo Sue Extrahi PotestNo one can be dragged out of his own house. In other words every mans house in his own castle.
Nemo Ejusdem Tenementi Simul Potest Esse Haeres Et DominustNo one can at the same time be the heir and owner of the same tenement.
Nemo Est Alterius Facto Prae Gravari DebetNo one ought to be burdened by the act of another.
Nemo Est Heares ViventisNo one is the heir of a living man.
Nemo Ex Dolo Suo Proprio Relevetur Aut Auxilium CapiatLet no one be relieved or gain ,m advantage by his own fraud.
Nemo Ex Proprio Dolo Consequitur ActionemNo one maintains an action arising out of his own wrong.
Nemo Ex Suo Delicto Meliorem Swim Conditionem Facere PotestNo one makes his condition better by his own misdeed.
Nemo in Propria Causa Judex, Esse debetNo one ought to be a judge in his own cause.
Memo Potest Esse Simul Actor Et JudexNo one can be at once suitor and judge.
Nemo Potest Esse Tenes Et DominusNo one can be tenant and lord.
Nemo Potest Facere Per Alium, Quad Per Se Non PotestNo one can do through another what lit, cannot do through himself.
Nemo Potest Plus Ad Juris, Alium, Transferre Quam Ipse HabetNo one can transfer a greater right to another than lie himself has
Nemo Praesumiture Ludere in Ex TremisNo one is presumed to trifle at the point of death.
Nemo Praesumitur MalusNo One is presumed to be bad.
Nemo Punitur Pro Aleno DelictoNo one is punished for another’s rung.
Nemo Sibi Esse Judex Vel Suis Jus Dicere DebetNo one ought to he his own judge or the tribunal in his own affairs.
Nemo Tenetur Ad InpossibiliaNo one is bound to an impossibility.
Nemo Tenetur DivinareNo one is bound to foretell.
Memo Tenetur Jura Re in Suam TurpitudinemNo one is bound to testify to his own baseness.
Nemo Tenetur Seipsum AccusareNo one is hound to accuse or criminate himself.
Nemo Unquam Judict In SeNo one should be a judge in his own cause.
Nihil Aliud Potest R x Quam Quod De Jure PotestThe king can do nothing except what he can by law do.
Nihil Facit Error, Nominis Com Do Corpore ConstatAn error as to name is nothing when there is certainty as to the person.
Nihil Habet Forum Ex ScenaThe court has nothing to do with what is not before it.
Nihil Quod Est Contra Rationem Est LicitumNothing is permitted which is contrary to reason.
Noilioiores Et Benigniores Praesumptions le Dubiis Sunt PraeferndaeIn case of doubt, the more generous and more benign presumptions are to be preferred.
Non Est Regula Quin FallatThere is no rule without an exception.
Non Facias Malum Ut Inde Veniat BonumYou are not to do evil that thence good may arise.
Non In Legendo Sed In Intellingendo Leges ConsistimtThe law consists not in being read but in being understood.
Non ObstanteNot being in way, notwithstanding with, or regardless of.
Non Possetsori Incumbit Necessitas Probandi Possessiones Ad Se PertinereA person in possession is not bound to prove that the possession belongs to him.
Noscitur Ex Socio Qui Non Cognoscitur Ex SeHe who cannot be known from himself may be known from his associates.
Nova Constitutio Futuris Formam Imponere Debet, Non PraeteritisA new law ought to be prospective, not retrospective in its operation.
Novatio Non PraesumiturNovation is not presumed.
Noxa Sequitur CaputGuilt follows the person.
Nullum Tempus Oceurrit ,RegiNo time can prejudice the king.
Nullus Videtur Dalo Facere Qui Suo Jure UtiturNo one is considered to act with guile who uses his own right.
Nunquam Crescit Ex Post Facto Praeterti Delicit AestimatioThe estimation of a past offence is never increased by an after-fact.
Nuptias Non Coneubitus Sed Consensus FacieNo cohabitation but consent makes the marriage.

 

O
Obedientia Est Legis EssentiaObedience is the essence of law.
Obtemperandum Est Consuetudini Rationabili Tanquam LegiA reasonable custom is to be obeyed as a law.
Occalsatio Thesatio Inventi Fraud UlesaThe concealment of a discovered treasure is fradulent.
Oderunt Peccare Boni Virtutis Amore ; Oderunt Peccare Mali Formidine PaenaeGood men hate sin through love of virtle ; bad men through fear of punishment.
Odiosa Et Inhonesta Non Sunt In Lege PraetumendaOdious and dishonest things are not to be presumed in law.
Officio Magistratus Non Debent Esse VenaliaThe office of magistrate ought not to be sold.
Officium Nemini Debet Esse Damno SumAn office ought to be injurious to no one.
Omissio Corum Quae Tacite Insunt Ninil OperaturThe omission of those things which are silently understood is of no consequence.
Omne Crimen Ebrietas Et Incendit Et DetegitDrunkenness both kindles and uncovers every crime.
Omne Jus Ant Consensus Facit Ant Necessitas Constituit, Aut Farmavit ConsuetudoEvery right is either made by consent or is constituted by necessity or is established by custom.
Omne Licentiam Habent His, Quae Pro Se Introducta Sunt. RenuncaireEveryone has a right to renounce those things which have been granted for his own benefit.
Omne Quod Solo Inaedificatur Solo CeditEverything which is built upon the soil belongs to the soil.
Omne Sorores Sunt Quasi Unus Haeres De Una HaereditateAll sisters are, as it were, one heir to one inheritance.
Omne Testamentum Morte Consummatum WEvery will is completed by death.
Oninia Consensus Tollit ErroremEvery assent removes error.
Omnia Delicta in Aperto Leviora SuntAll crimes done openly are lighter.
Ominia Nova Constitutio Futuris Temporibus Formam Imponeri Debet, Non PrateritieEvery new enactment should effect future, not past time.
Omnia Praesumuntur Contra SpoliatoremAll things are presumed against a wrong-doer.
Ominia Praesumuntur Rite Legitime Solemniter Esse Aeta, Dunce Probetur In ContrariumAll thing are presumed to have been done correctly lawfully and with due formality until the contrary is proved.
Omnia Praesumuntur Rite Et Solemniter Esse Acta Donec Probatur In ContrariumAll things are presumed to have been rightly and duty performed until it is proved to the contrary.
Omnia Quae Jure Contrahuntur Contrario Jure PereuntAll things which are contracted by law perish by a contrary law.
Omnia Rite Acta PreasumunturAll things presumed to have been rightly done.
Optima Est Legis Interpres ConsuetudoCustom is the best interpreter of the law.
Optimus Est Lex Quae Midimum Relinquit Arbitrio Judicis ; Optimus Judex Qui Minimum SibiThat system of law is best which confides as little as possible to the discretion of a Judge ; that Judge is the best who relies as little as possible on his own opinion.
Optimus Interpres Rerum UsusCustom is the best interpreter of things. Optimus Legum Interpres Consuetude.
Optimus Statuti Interpretatrix Est (omnimus part calis ejusdem inspectis) Ipsum StatutumThe best interpreter of a statute is (all the separate parts being considered) the statute itself.

 

P
Pacts Privata Juris Publico Derogare Non PossumPrivate compacts cannot derogate from public right.
Pans Et Celeris Justitia Flat PartibusLet full and speedy justice be done to the parties .
Paribus Sententiis Reus AbsolviturWhere opinions are equal the defendant is acquitted.
Par In Parem Imperimum Non HabetAn equal has no power over an equal.
Pater Est Quem Nuptiae RemonstrantHe is the father whom the nuptials indicate.
Peccata Contra Naturam Sunt GravissimaCrimes against nature are the most heinous.
Pendente Lite Nihil InnoveturDuring the pendency of litigation no change in the position can be made.
Persona Conjuncts Aequtiparatur Inter Esse ProprioThe interest of a man’s kindered is equivalent to his own.
Per Varios Actus Legem Experienta FacitBy various acts experience framed the law.
Pin Exempla Quam Peccata NocentExamples hurt more than crimes.
Plus Peccata Auctor Quam ActorThe causer offends more than the performer.
Poena, Ex Delicto Defuncti, Haeres Teneri Non DebetThe heir ought not to be bound in a penalty for the crime of the deceased.
Poena Potius Molliendae Quam ExasperandaePunishments should be softened but not aggravated.
Poenae Non Potest, Culpa Perennis EritPunishment cannot be, crime will be, lasting.
Posteriors Derogant PrioribusThings subsequent supersede things prior caution is better than cure.
Prior Tempore Potier JureHe who is first in time is preferred in law.
Privatio Praesupposit HabitumA deprivation presupposes a possession.
Privatum Commodum Publico CeditPrivate good yields to public.
Privilegium Non Valet Contra Rem PublicsmA privilege avails not against public good.
Probatis Extrimis, Praesumuntur MediaThe extremes being proved, the mean is presumed.
Procuratianem Adversus Nulls Est PraescriptioThere is no prescription against procuration.
Prodent Agit Qui Praecepto Legis ObtemperatHe acts prudently who obeys the command of laws.

 

Q
Quae In Curia Regis Acta Sunt Rite Agi PraesumunturWhat has been done by he Court is presumed to be rightly done.
Quaelibet Concessio Fortissime Contra Donatorem Interprotanda EstEvery craft is to be construed most strongly against the grantor.
Quando Lea Aliquid Alieni Concedit Concedere Non PotestWhen the law gives someone anything, it gives him also that without which the thing cannot exist.
Qui Approbat Non ReprobatHe who accepts cannot reject.
Qui Facit Per Aliem, Facit Per SeHe who does a thing through another does it himself.
Qui In Utero Est Projam Nato Habetur, Quoties De Ejus Commodo QueriturHe who is in the womb is held as already born, whenever a question arises for his benefit.
Qui Non Improbat ApprobatHe who does not blame approves.
Qui Parcit Nocentibus, Innocentes PunitHe who spares the guilty, punishes the innocent.
Qui Prior Est Tempore Potior Est JureHe who is first ill is better in law.
Qui Sentit Commodum, Sentire Debet Et OnusHe who receives the advantage must also suffer the burden.
Qui Tacet, Consentire VideturHe who is silent, is understood to consent.
Quic Quid Plantatur Solo, Solo CeditWhatever is affixed to the soil, passes with a grant of soil.
Qui Legatur Eo DissolviturAn obligation must be dissolved by the same mode as it was contracted.
Quod Semel Placuit in Electionibus, Amplius Displicere Non PotestWhen election is once made, it cannot he revoked.
Quod Turpi Ex Causa Promissum Est, Non ValetA promise founded on an illegal consideration is not binding.

 

R
Ratihabitio Mandato AequiparaturRatification is tantamount to direction.
Ratihabitio, Mandato CompraturRatification is tentamount to command.
Ratio Est Formalis Causa Consuet DinisReason is the formal cause of custom.
Ratio Legis Est AnimalegisThe reason of law is the soul of law.
Ratio Potest Allegari Deficiente Lege, Sed Ratio Et Legalis Et Non ApparensReason may be alleged when law is defective ; but it must be true and legal eason, and not merely apparent.
Regularitur Non Valet Pacts De Re Meanon AlienandaIt is a rule that a ompact not to alienate my property is not binding.
Rei Atio Est Fictio Juris Et Intenta Ad UnumRelation is a fiction of la an ; is intent to one point.
Remoto Impedimento Emergit ActioAn impediment being removed, an action emerges .
Republicae Interest, Voluntates Defunctornm Effectum SortiriIt concerns the State that the wills of the dead should have their effect.
Res Accessoria Sequitur Rem PrincipalemThe accessory follows the principal.
Res Denominatur A Principali ParteThe thing is named from its principal part.
Res Est Misera Ubi Jus Est Vag Um Et IncertumIt is a miserable state of things when law is vague and uncertain.
Resignatio Est Juris Proprii Spontanae RefutatioResignation is a spontaneous relinquishment of one’s own right.
Res Inter Alios Acta Alteri Nocere Non DebetA transaction between strangers ought not to injure a party.
Res Ipsa LoquiturThe thing speaks for itself.
Res Judicata Pro Veritate habeturAn adjudicated matter shall be deemed correct.
Resolutio Jure Concendentis Resolvitur Jus ConcessumThe grant of any right comes to an end on the termination of the right of the grantor.
Respondeat SuperiorLet the principal be held responsible.
Rex Est Legalis Et PoliticosThe king is both a legal and political person.
Rex Est Lex VivensThe king is the living law.
Rex Non Potest PeccareThe king can do no wrong.
Rex Nunquam MoriturThe king never dies.

 

S
Salus Populi Suprema LexThe safety of the people is the supreme law.
Salus Ubi Multi ConsiliariiWhere there are more counsellors, there is safety.
Secundum Allegata Et ProbataPrinciple of variance between pleading and proof not to be applied when the other party is net taken by surprise. [Kripa Ram v. Harnam Singh, (1968) 70 Punj T R 8091].
Semper In Dubiis Be Nlgiora PraeferendaIn doubtful matters, the more liberal construction is to be preferred.
Semper in Obscuris, Quod Minimum Est SequimurIn obscure constructions we always apply that which is least obscure.
Semper Praesumitur Pro MatrimonioThe presumption is always in favour of the validity of the marriage.
Semper Specialia Generalibtts InsuntGeneralities include specialities.
Sensus Verborum Est Anima LegisThe meaning of the word is the spirit of the law.
Sequi Debet Potentia Justitiam, Non PraecederePower should follow justice, not precede it.
Sic Uteri Tuo Ut Alienum Non LeadasSo you use your own rights that you do not hurt the right of another.
Silent Leges Inter ArmaeLaws are silent amidst arms.
Socii Mei Socius, Meus Socious Non EstThe partner of my partner is not my partner.
Solo Cedit, Quicquid Solo PlantaturWhat is planted in the soil belongs to the soil.
Sploiatus Debet, Ante Omnia RestituiA person who has been despoiled ought to be restored to his former state before anything else.
Statuta Pro Publico Commodo Late InterpretanturStatutes made for the public good ought to be liberally construed.
Statutum Affirmativum Non Derogat Communi LegiAn affirmative statute does not derogate from the common law.
Statutum Speciale Statuto Speciale Non DerogatOne special statute does not take from another special statute.
Sublato Causa Tollitur EffectusThe cause being removed, the effect ceases.
Sublato Fundamento Cedit OpusThe foundation being removed, the superstructure falls.
Sublato Principali Toflitur AdjunctumThe principal being taken away, its adjunct is also taken away.
Subsequens Matrimonium Tollit Peccatum PraecedensA subsequent marriage removes a previous criminality.
Summa Ratio (Lex) Est, Quae Pro Religione FacitThe highest law is that which supports religion.
Summum Jus, Summum Injuria Summum Lex, Summa CruxExtreme law is extreme injury. Strict law is strict punishment.
Superflua Non NocentSuperfluities hurt not.

 

T
Terra Maneus Vacua Occupanti ConsediturLand lying unoccupied is given to the first occupant.
Testamenta Cum Duo Inter Se Pugnantia. Reperiuntur Ultimum Ratum Est ; Sic Fist Cum Duo Inter Se Pugnantia Reperiuntur In Codem TestamentoWhen two conflicting wills are found the last prevails ; so it is when two conflicting clauses occur in the same will.
Testamenta Latissimam Interpretation em Habere DebentWill ought to have the broadest interpretation.
Testamentum Omne Morte ConsummaturEvery will is perfected by death.
Testatoris Ultima Voluntas Est Rerimplenda Secundum Veram Intentionem SuamThe last will of a testator is to be thoroughly fulfilled according to his real intention.
Testes Lupanaris Sufficit Ad Factum In LupanariA lewd person is a sufficient witness to an act committed in a brothel.
Testes Ponderantur, Non NumeranturWitnesses are weighed, not numbered.
Testibus Desponentibus, In Pari Numero Dignioribus Est CredendumWhere the number of witnesses is equal on both sides, the more worthy are to be believed.
Testimonia Ponderanda Stint, Non EnumerandaEvidence is to !x, weighed. not enumerated.
Testis De Visu Praeponderat AliisAn eye-witness is preferred to others.
Testis Nemo In Sua Causa Casse PotestNo one can be a witness in his own cause.
Testis Oculatus Unus Plus Valet Quam Auriti DecentOne eye-witness is worth more than ten ear-witnesses.
Traditio Loqui Facit ChartamDelivery makes a deed speak, i. e., comes into operation.
Transit Terra Cum OnereLand passes subject to any burden affecting it.
Turpisest Pars Quae Non Convenit Cum Suo TotoThat part is bad, which accords not with its whole.
Tuta Est Custodia Quae Sibimet CrediturThat guardianship is secure which is entrusted to itself alone.
Tutius Erratur Ex Parte MitioreIt k safer to err on tee gentler side.
Tutius Semper Est Errare Acquietando Quam in Puniendo, Exparte Misericor Iliac Quam Ex Parte JustitiaeIt is always safer to err in acquitting than in punishing on the side of mercy than of strict justice.

 

U
Ubi Aliquid Conceditur Et, Id Sine Quo Res Ipsa Esse Non PotestWhen anything is granted that also is granted without which it could not exist.
Ubi Cessat Remedium Ordinariu Mibi Decurritur Ad Extra-Ordinarium Et Nunquam Decurretur Ad Extraordinarium Ubi Valet OrdinariumWhere the ordinary remedy fails recourse is made to the extraordinary remedy but recourse is never made to the extraordinary where the ordinary is sufficient.
Ubi Damna Dantur Victus Victori In Expensis Condemnari DebetWhere damages are awarded, the unsuccessful party ought to be condemned in costs to the successful party.
Ubi Eadem Ratio Ibi Eadem Lex, De Similibus Idem Est JudiciumWhere the same reason exists, there the, same law prevails ; and of things similar, the judgment is similar.
Ubi Jus, Ibi RemediumWhere there is a right, there is a remedy.
Ubi Lex Est Specialis, Et Ratio Ejus Generalis Generaliter Accipienda EstWhere the law is special and the reason of it is general, it ought to be taken as being general.
Ubi Non Est Directa Lex, Standum Est Arbitrio Judicis, Vel Procedendum Ad SimiliaWhere there is no direct law, the opinion of the Judge is to be taken or references to be made to similar cases.
Ubi Non Est Principalis Non Potest Esse AccessoriusWhere there is no principal, there cannot be an accessory.
Ubi Quid Generaliter Conceditur Inest Hoec Exceptio, Si Non Aliqud Sit Contra Jus FasqueWhere a thing is conceded generally this exception arises that there shall be nothing contrary to law and right.
Una Persona Vix Potest Supplere Vices DuarumOne person can scarcely supply the places of two.
Universalia Sunt Notoria SingularibusThings universal are better known than things particular.
Unumquodque Est In Quod Est Principalius In IpsoThat which is the principal part of a thing is the thing itself.
Unumquodque Principiorum Est Sibiment Ipsi Fides ; Et Prespicum Vera non Sunt ProbandaEvery principle is its own evidence and plain truths are not to be proved.
Usucapio Constituta Est Ut Aliquis Litium Finis EssetThe object of title by possession (usucapia) is to put an end to litigation.
Usues Est Dominium FiduciariumUse is a fiduciary dominion.
Ut Poena Ad Paucos, Metus Ad Omnes PerveniatSo that punishment may fall on few, the fear of it on all.
Ut res Magis Valeat Quam pereatThat it may rather become operative than null. To uphold the constitutionality of statutes whenever it can rationally be done.
Utiie Per Inutile Non VitiaturThe useful is not vitiated by the useless.
Uxor Non Est Sui Juris, Sed Sub Potestate Viri, Cui in Vita Contradicere Non PotestA wife has no power of her own but is under the government of her husband, whom in his lifetime she cannot contradict

 

V
Verba Accipienda Sunt Secundum Subjectum MateriemWords are to be understood with reference to the subject-matter.
Veritas Demonstrationis Tollit Errorem NominisThe truth of the demonstration removes the error of the name.
Via Trita Est TutissimaThe trodden path is the safest.
Vicarius Non Habet VicariumA delegate cannot have a delegate.
Vicini Viciniora Praesumuntur ScirePersons living in the neighbourhood are presumed to know the neighbourhood.
Vigilantibus Et Non Dormientibus Jura SubveniuntLaws come to the assistance of vigilant, not of the sleepy.
Vir Et Uxor Consentur In Lege Una PersonaHusband and wife are considered one person in law.
Vis Legibus Est InimicaViolence is inimical to the laws.
Vix Ulla Fieri Potest Quae Omnibus Commoda Sit Sed Si Majori Parti Prospiciat Utilis EstScarcely any law can be made which is beneficial to all ; but it is useful if it benefits the greater majority.
Volenti Non Fit InjuriaWhere the sufferer is willing there is no injury done.
Voluntas Donatoris In Charta Doni Sui Manifeste Expressa ObserveturThe will of the donor manifestly expressed in his deed of gift a to be observed.
Voluntas Facit Quod In Testamento Scriptum ValeatIt is intention which gives effect to the wording of a will.
Voluntas in Delictis Non Exitus SpectaturIn crimes, the will, and not the consequence, is looked to.
Voluntas Reputatur Pro FactoThe intention is to be taken for the deed.
Voluntas Testatoris Est Ambulatoria Usque Ad Ex’remum Vatae ExitumThe will of a testator is ambulatory (revocable) until the moment of life.
Vox Emissa Volet, Litera Scripta ManetThe spoken word flies away ; the written one remains.
Author: Mayank Shekhar

Mayank is a student at Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars.