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Legal Maxims

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  • March 2011
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Actio personalis moritur cum persona - A personal action dies with the person. This maxim relates to the extinction of liability of a person on his death. The personal representatives of the deceased can always sue for the recovery of debts due to the deceased.But he cannot sue for the breaches which caused mere personal injuries on nthe deceased. Origins of the maxim

latin
References
^ Goudy Two Ancient Brocards in Essays in Legal History Vinogradoff (ed.) and Winfield Textbook of the Law of Tort 2nd edn. p.201 ^ a b cf. the remarks of Viscount Simon in Stewart v. London, Midland and Scottish Railway Co. 1943 SC (HL) 19 at 26 Pinchon's case[3] and Hambly v. Trott.[4]

--------------------------------------------------------------------------------------------------------------------------------- Actus reus - A guilty deed or act. Actus reus, by definition, means that there must be an action or physical movement. In other words, it is the overt physical action that makes a person liable for a crime. Actus reus is always required in the United States for the commission of a crime, since a person cannot be found guilty of thinking criminal thoughts, or wishing that a crime would take place. Origin- latin

References –
^ Regina v. Dugdale, Holland, Winnifred H. (1982-1983). "Automatism and Criminal Responsibility". State v. Caddell, California v. Marsh, ommonwealth v. Pestinikas, People v. Steinberg. ------------------------------------------------------------------------------------------------------------------------------------------------------ Ab initio - From the beginning. Refers to the time from when a legal document comes into force. it refers to something being the case from the start or from the instant of the act, rather than from when the court declared it so. A judicial declaration of the invalidity of a marriage ab initio is a nullity.

Origin- latin
References
^ Merriam-Webster's Collegiate Dictionary
^ "Legal definition at Duhaime.org"....