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    Legal Maxims

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    Priyansh Singh Rajput
    This document defines and provides brief explanations of several Latin legal maxims and terms, including: - Actus non facit reum, nisi mens sit rea, which means an act does not make a person legally liable unless they had a blameworthy state of mind. - Ambiguitas-latents refers to an ambiguity that is not apparent but lies beneath the surface. - Amicus curiae means a friend of the court who provides impartial advice, often appointed by the court with both parties' consent. - Audi alteram partem means no one should be condemned without hearing both sides.

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    Legal Maxims

    Uploaded by

    Priyansh Singh Rajput
    6 views12 pages
    This document defines and provides brief explanations of several Latin legal maxims and terms, including: - Actus non facit reum, nisi mens sit rea, which means an act does not make a person legally liable unless they had a blameworthy state of mind. - Ambiguitas-latents refers to an ambiguity that is not apparent but lies beneath the surface. - Amicus curiae means a friend of the court who provides impartial advice, often appointed by the court with both parties' consent. - Audi alteram partem means no one should be condemned without hearing both sides.

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    This document defines and provides brief explanations of several Latin legal maxims and terms, including: - Actus non facit reum, nisi mens sit rea, which means an act does not make a person legally liable unless they had a blameworthy state of mind. - Ambiguitas-latents refers to an ambiguity that is not apparent but lies beneath the surface. - Amicus curiae means a friend of the court who provides impartial advice, often appointed by the court with both parties' consent. - Audi alteram partem means no one should be condemned without hearing both sides.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    6 views12 pages

    Legal Maxims

    Uploaded by

    Priyansh Singh Rajput
    This document defines and provides brief explanations of several Latin legal maxims and terms, including: - Actus non facit reum, nisi mens sit rea, which means an act does not make a person legally liable unless they had a blameworthy state of mind. - Ambiguitas-latents refers to an ambiguity that is not apparent but lies beneath the surface. - Amicus curiae means a friend of the court who provides impartial advice, often appointed by the court with both parties' consent. - Audi alteram partem means no one should be condemned without hearing both sides.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 12

    Legal Maxims

    A Fosteriori

    • From the effect to the cause


    • Inductive reasoning
    • Also referred to as ‘A Posteriori’
    Actus non facit reum, nisi mens sit rea 

    • 'An act does not make a person legally liable


    unless the mind is legally blameworthy'.
    • 'Mens rea' or 'blameworthy mind' as one of
    the essential components of criminal liability
    is very difficult to define precisely inasmuch as
    'blameworthy ' can have a different meaning
    dependant on the offence.
    Ambiguitas-latents

    • An ambiguity which is not


    apparent on the face of the
    instrument but is lying
    beneath the surface.
    Ambiguitas-patent
    • An apparent ambiguity on the face of the
    instrument which is clarified on careful
    analysis.
    Amicus curiae
    • A friend of court;
    • an impartial advisor;
    • Who is appointed with the permission of the court or
    consent of both parties.
    • Amicus curiae arises when a petitioner approaches
    the court without the help of a legal counsel and
    wishes to present the case himself.
    • Occasionally counsel is permitted or requested to
    argue for an interest not a party, such as in the
    interest of the general public or the interest of an
    authority or profession concerned, so as to enable the
    court to make a fair decision.
    Audi alteram partem
    • Hear the other side.
    • Nobody should be condemned unheard
    • It is referred to as one of the essential elements
    of Natural Justice.
    • It means that any person or body adjudicating on
    any matter in dispute, or judging the conduct of
    a person should hear not only the complainer’s
    side but also the other party’s contention.
    Autre fois acquit
    • Formerly acquited
    • A plea by a person indicted for a crime for
    which he or she had previously been tried and
    acquitted.
    • an accused cannot be tried for a crime
    because the record shows he has already been
    subjected to trial for the same conduct and
    was acquitted.
    AUTREFOIS CONVICT
    • A plea made by a defendant, indicted for a
    crime or misdemeanour, that he has formerly
    been tried and convicted of the same. 
    • As a man once tried and acquitted of an
    offence is not again to be placed in jeopardy
    for the same cause, so, a fortiori, if he has
    suffered the penalty due to his offence, his
    conviction ought to be a bar to a second
    indictment for the same cause, least he should
    be punished twice for the same crime.
    Carte blanche
    • Complete freedom to do something.
    • Blank cheque, a cheque that has no numerical
    value entered, but is already signed
    • Full Powers, term in international law referring
    to the authority of a person to sign a treaty or
    convention on behalf of a sovereign state.
    curia advisari vult
    • "the court wishes to consider the matter" 
    • It often appears in case reports, abbreviated
    as "Cur. adv. vult", or sometimes "c.a.v." or
    "CAV", when the bench takes time for
    deliberation after hearing counsel's
    submissions.
    Ejusdem Generis

    • of the same kind. 


    • A rule of statutory construction, generally accepted by
    both state and federal courts, "that where general
    words follow enumerations of particular classes or
    persons or things, the general words shall be construed
    as applicable only to persons or things of the same
    general nature or kind as those enumerated.“
    • Thus, in a statute forbidding the concealment on one's
    person of "pistols, revolvers, derringers, or other
    dangerous weapons," the term "dangerous weapons"
    may be construed to comprehend only dangerous
    weapons of the kind enumerated, i.e., firearms, or
    perhaps more narrowly still, handguns.

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