Legal Maxims

Topics: Common law, Law, Dictionary Pages: 10 (4209 words) Published: March 4, 2011
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

^ 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
^ Merriam-Webster's Collegiate Dictionary
^ "Legal definition at". "". Retrieved 7 February 2010. ------------------------------------------------------------------------------------------------------------------------- Bona fide - Sincere, in good faith. ona fides (bona fide means "in good faith"), is sincere, honest intention (even if producing unfortunate results) or belief. In law, it is the mental and moral state of honesty, conviction as to the truth or falsehood of a proposition or body of opinion, or as to the rectitude or depravity of a line of conduct. This concept is important in law, especially equitable matters.[1][2] Origin- latin

^ "good faith". Retrieved 2008-03-03.
^ Good Faith as an international principle of law ^ Goldspink, Chris (2007), "Normative self-regulation in the emergence of global network institutions: The Case of Wikipedia", Proceedings of the 13th ANZSYS Conference - Auckland, New Zealand, 2nd-5th December, 2007; Systemic Development: Local Solutions in a Global Environment ^ Wagner, C., Prasarnphanich, P. (2007) Innovating collaborative content creation: the role of altruism and wiki technology. Proceedings of 40th Hawaii International Conference on System Sciences, 3rd-6th January, 2007, Hawaii ---------------------------------------------------------------------------------------------------------------------

Consensus ad idem - Agreement as to the same things. is a phrase in contract law used to describe the intentions of the parties forming the contract. In particular it refers to the situation where there is a common understanding in the formation of the contract. This condition or element is often considered a necessary requirement to the formation of a contract. Origin- latin

Sir F. Pollock, The Principles of Contract (1876)
------------------------------------------------------------------------------------------------------------------- De facto - In fact. means "by [the] fact." In law, it means "in practice but not...
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