Legal Maxims

Front 1

Mala in se

Back 1

The act is inherently evil or bad or per se wrongful.

Front 2

Necesitas non habet legem

Back 2

Necessity knows no law.(Section 81)

Front 3

Qui peccat ebrius luat sobrius

Back 3

He whodoes wrong when drunk must be punished when sober.(Section 86)

Front 4

Respondent superior

Back 4

Let the principal answer.(Section 154,155)

Front 5

Volenti non fit injuria

Back 5

One who consents suffers no injury. (Section 87-93)

Front 6

Voluntas in delictis non exitus spectatur

Back 6

In offences the intent and not the result is looked at.

Front 7

Necesitas non habet legem -

Back 7

Necessity knows no law.(Section 81)

Front 8

Nemo debet bis vexari, pro una et eadem causa

Back 8

No man shall be punished twice, if it appears to the court that it is for one and the same cause.

Front 9

Nulla poena sine lege

Back 9

One cannot be punished for doing something that is not prohibited by law

Front 10

Nemo tenetur seipsum accusare

Back 10

No one is bound to incriminate himself

Front 11

Non compos mentis

Back 11

Not of sound mind and understanding. (Section 84)

Front 12

Nemo potest facere per alium quod per se non potest

Back 12

No one can do through another what he cannot do himself.

Front 13

Mala prohibita

Back 13

An act that is crime because it is prohibited by statute

Front 14

Lex non oritur ex injuria-

Back 14

The law does not arise from a mere injury or wrong doing.

Front 15

In dubio pro reo (Pro-reo) -

Back 15

Defendant may not be convicted by the court when doubts about his or her guilt remain.

Front 16

Intentio inservire debet legibus,non leges intentioni -

Back 16

Intention of a party ought to be subservient to the laws, not the laws to the intention.

Front 17

Injuria non excusat injuriam -

Back 17

A wrong does not excuse a wrong

Front 18

In pari Delicto

Back 18

In equal fault.

Front 19

Ignorantia juris non excusat

Back 19

Ignorance of law is not excusable. (Section 76, 79)

Front 20

Ignorantia facti doth excusat

Back 20

Ignorance of fact is excusable.(Section 76,79)

Front 21

Furiosis nulla voluntas est

Back 21

A madman has no will. (Section 84)

Front 22

Furiosis furore suo punier

Back 22

A madman is best punished by his own madness. (Section 84)

Front 23

De minimis non curat lex

Back 23

Law does not govern trifle matter. (Section 95)

Front 24

Communis hostis omnium

Back 24

They are common enemies of all.(Section 4(2))

Front 25

Actuis non facit reum nisi mens sit rea -

Back 25

The act does not constitute guilt unless done with a guilty intent

Front 26

Actus reus -

Back 26

Guilty act.

Front 27

Actus me inito factus non est mens actus

Back 27

An act done by me against my will Is not my act. (Section 94)

Front 28

Autrefois convict or double jeopardy

Back 28

Which means that person must not be punished twice for the same offence, he has been previously convicted for.

Front 29

Autrefois Acquit and Autrefois Convict

Back 29

A person cannot be tried again for an offence for the reason that he has previously been acquitted in the same offence and a person cannot be tried for an offence for the reason that the has been previously been convicted in an offence.

Front 30

Crimen trahit personam-

Back 30

The crime carries the person. (Section 2)

Front 31

Animus Nocendi

Back 31

Intention to Harm.

Front 32

Animus Possidendi

Back 32

Intention to Possess

Front 33

Animus Revertendi

Back 33

Intention to Return

Front 34

Animus Furandi -

Back 34

Intention to Steal.

Front 35

Animus Defamandi

Back 35

Intention to Defame

Front 36

Crimen Falsi

Back 36

Crime of Falsifying (Forgery).

Front 37

Doli Incapax

Back 37

Incapable of Guilt.

Front 38

Ex Delicto

Back 38

Consequence of a Crime.

Front 39

Locus Deliciti

Back 39

Place of Crime.

Front 40

Locus Poenitentiae

Back 40

Place of Repentance

Front 41

Mala Fide-

Back 41

In Bad Faith.

Front 42

Malum Prohibtam

Back 42

Prohibited Wrong.

Front 43

Mens Rea -

Back 43

Guilty Mind.

Front 44

Onus Probandi-

Back 44

Burden of Proof.

Front 45

Culpa

Back 45

Guilt

Front 46

Praesumptio

Back 46

Presumption

Front 47

Doli Capax

Back 47

Capable of Understanding what is right and what is wrong.

Front 48

Corpus Delicti

Back 48

Body of the Offence.

Front 49

Factum Valet

Back 49

The doctrine,Quod fieri non debet factum valet, which means "what ought not to be done is valid when done" is ascribed to Jaimini. Jimutavahana has given expression to this doctrine in the following words,"A fact cannot be altered by hundred texts.

Front 50

generalia specialibus non derogant

Back 50

"the general does not derogate from the specific"), states that if two laws govern the same factual situation, a law governing a specific subject matter (lex specialis) overrides a law governing only general matters (lex generalis

Front 51

Functus officio

Back 51

having performed his or her office. With regard to an officer or official body, it means without further authority or legal competence because the duties and functions of the original commission have been fully accomplished.