Legal Maxims

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]
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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.
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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". "duhaime.org". Retrieved 7 February 2010.
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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

References-
^ "good faith". Law.com. Retrieved 2008-03-03.
^ Good Faith as an international principle of law Trans-Lex.org
^ 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
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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
References-
Sir F. Pollock, The Principles of Contract (1876)
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De facto - In fact. means "by [the] fact." In law, it means "in practice but not necessarily ordained by law" or "in practice or actuality, but without being officially established." It is commonly used in contrast to de jure (which means "concerning the law") when referring to matters of law, governance, or technique (such as standards) that are found in the common experience as created or developed without or contrary to a regulation.
Origin- latin
References- ^ Civil Rights Act of 1964
^ Constitution of Ireland, art. 8
^ "USSR Law "On the Languages of the Peoples of USSR"" (in Russian).
^ 30 Am Jur 181. Law Dictionary, James A. Ballentine, Second Edition, 1948, p. 345.
^ Noor, Saad (June 2008). "Somaliland: Past, Present and Future". United States House Committee on Foreign Affairs. Retrieved 2010-01-04.
^ Cooper, Jason (May 2007). "Somaliland Requests International Recognition". The Somaliland Times. Retrieved 2010-01-04.
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Ex post facto - By reason of a subsequent act. s a law that retroactively changes the legal consequences (or status) of actions committed or relationships that existed prior to the enactment of the law. In reference to criminal law, it may criminalize actions that were legal when committed; or it may aggravate a crime by bringing it into a more severe category than it was in at the time it was committed; or it may change or increase the punishment prescribed for a crime, such as by adding new penalties or extending terms; or it may alter the rules of evidence in order to make conviction for a crime more likely than it would have been at the time of the action for which a defendant is prosecuted. Conversely, a form of ex post facto law commonly known as an amnesty law may decriminalize certain acts or alleviate possible punishments (for example by replacing the death sentence with life-long imprisonment) retroactively.
Origin- latin
Reference-
^ Indonesian Constitutional Court Decision No 013/PUU-I/2003 (Masykur Abdul Kadir Case)
^ Norwegian Supreme Court case 2009/
^ "Pakistan Act 1990". Government of the United Kingdom. Retrieved 17-Sep-2010.
^ "Pakistan Act 1990". Government of the United Kingdom. Retrieved 17-Sep-2010.
^ "Ex Post Facto Laws".
^ "Bowen v. Georgetown University Hospital".
^ Mattila, Heikki E. S.; Christopher Goddard (2006). Comparative Legal Linguistics. Ashgate Publishing. pp. 154. ISBN 9780754648741.
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Habeas corpus - That you have the body. legal action, through which a prisoner can be released from unlawfuldetention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action.
Origin- latin
References- Oxford English Dictionary. 4. Oxford University Press. p. 849.
^ Turner, Ralph V. Magna Carta Pearson (2003) p162 and p219
^ Google books scan of book Introduction to the Study of the Law of the Constitution By Albert Venn Dicey [1]

in flagrante delicto (Latin: "in a blazing offence") or sometimes simply in flagrante (Latin: "while blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare corpus delicti). The colloquial "caught in the act," "caught red-handed," or "caught rapid" are English equivalents.[1][2] origin- latin reference- ^ The Oxford Essential Dictionary of Foreign Terms in English, Ed. Jennifer Speake, Berkley Books, (1999) Oxford University Press
^ A Dictionary of Law by Jonathan Law and Elizabeth A. Martin, Oxford University Press 2009
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Mandamus - We command. mandamus (which means "we command" in Latin), or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".[1]
Mandamus is a judicial remedy which is in the form of an order from a superior court to any government subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty.[2] It cannot be issued to compel an authority to do something against statutory provision.
Origin- latin
Reference-
^ Bryan A Garner, Black 's Law Dictionary, p. 980, 8th Ed., St. Paul, USA, 2004.
^ RK Choudhary 's Law of Writs; Mandamus.
^ Gangadhar Narsingdas Agrawal v. Union of India, AIR 1967 Goa 142 (147); ^ Basantilal v. Laxminarayan, 1970 MPLJ (Note) 6.
^ Vineet Narain v. Union of India, AIR 1996 SC 3386.
^ R.P. Kapoor v. Delhi Development Authority.
^ Government of AP v. Puniparthi Narayana Rajiu, 2002 Andhr. LT. 113 at pp. 113-114.
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Mens rea - Guilty state of mind. mens rea refers to the mental element of the offence that accompanies the actus reus. In some jurisdictions, the terms mens rea andactus reus have been replaced by alternative terminology. In Australia, for example, the elements of the federal offences are now designated as "fault elements" (mens rea) and "physical element" (actus reus). This terminology was adopted to replace the obscurity of the Latin terms with simple and accurate phrasing.[2]
Origin- latin
Reference-
^ Elizabeth A. Martin, ed (2003). Oxford Dictionary of Law. Oxford: Oxford University Press. ISBN 0198607563
^ R v Nedrick [1986]
^ R v Woollin [1998]
^ R v Cunningham [1957]
^ Cheek v. United States, 498 U.S. 192 (1991)
^ People v. Marrero, 507 N.E.2d 1068 (N.Y. 1987)
^ Criminal Justice Act 1967 (c.80)
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Prima facie - On the face of it. meaning on its first appearance, or at first sight. The literal translation would be "at first face", prima first, facie face, both in the ablative case. It is used in modern legal English to signify that on first examination, a matter appears to be self-evident from the facts. In common law jurisdictions, prima facie denotes evidence which – unless rebutted – would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy.Most legal proceedings require a prima facie case to exist, following which proceedings may then commence to test it, and create a ruling. This may be called facile princeps, first principles.
Origin- latin
References-
^ "prima facie". Oxford English Dictionary. Oxford University Press. 2nd ed. 1989.
Herlitz. (1994). The meaning of the term "prima facie" 55 La.L.Rev. 391
Audi, Robert (2003). Epistemology, a contemporary introduction, second edition, Routledge, p. 27
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Pro tempore - For the time being. which best translates to "for the time being" in English. This phrase is often[citation needed] used to describe a person who acts as a locum tenens (placeholder) in the absence of a superior, such as the President pro tempore of the United States Senate.Legislative bodies can have one or more pro tempore for the presiding officer. These positions ostensibly go to legislators experienced in floor debate who are familiar with the content and application of relevant rules and precedents and who have a reputation for fairness among their colleagues.
Origin – latin
References-
^ "Pro tempore | Define Pro tempore at Dictionary.com". Dictionary.reference.com. Retrieved 2010-11-19.
^ "pro tempore definition - Nolo 's Free Dictionary of Law Terms and Legal Definitions". Nolo.com. 2009-09-18. Retrieved 2010-11-19.
^ "Pro tempore Legal Definition - Lawyers.com". Research.lawyers.com. Retrieved 2010-11-19.
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Per curiam - In the opinion of the court. In law, a per curiam decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively and anonymously.[1] In contrast to regular opinions, a per curiam does not list the individual judge responsible for authoring the decision,[1] but minority dissenting and concurring decisions are signed.[2]Per curiams are not the only type of decision that can reflect the opinion of the court. Other types of decisions can also reflect the opinion of the entire court, such as unanimous decisions, in which the opinion of the court is expressed with an author listed.[3] The Latin term per curiam literally means "through the court".
Origin – latin
References-
^ a b Bryan A. Garner, ed (2001). Black 's Law Dictionary (2nd Pocket Edition ed.). St. Paul, MN: West Group. pp. 503, 523.
^ For examples, see Bobby v. Van Hook and Michigan v. Fisher
^ a b c d e "Per curiam". Wex. Cornell University Law School. Retrieved 2008-09-10.
^ http://www.law.cornell.edu/supct/html/00-949.ZPC.html
^ See, e.g., Sundance v. Municipal Court, 42 Cal. 3d 1101 (1986).

Quid pro quo - Consideration. something for something. Quid pro quo (From the Latin meaning "this for that")[1] indicates a more-or-less equal exchange or substitution of goods or services. English speakers often use the term to mean "a favor for a favor" . quid pro quo indicates that an item or a service has been traded in return for something of value, usually when the propriety or equity of the transaction is in question. For example, under the common law, a binding contract must involve consideration: that is, the exchange of something of value for something else of economic value. If the exchange appears excessively one sided, courts in some jurisdictions may question whether a quid pro quo did actually exist and the contract may be void by law.[2]
Origin- latin
Ref-
^ Merriam-Webster, the American Heritage Dictionary of the English Language (Fourth Edition), and the New Dictionary of Cultural Literacy (Third Edition)[1] all so define the Latin expression.
^ One such example is "section 2-302 of the Uniform Commercial Code".
^ "Blunder made by using or putting one thing for another (now rare)" – Concise Oxford Dictionary, 4th edition, 1950.
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Volenti non fit injuria - An injury is not done to one consenting to it. is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they cannot then sue if harm actually results. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Volenti is also known as a "voluntary assumption of risk."

Ref-
Nettleship v. Weston [1971] 3 All ER 581 (Court of Appeal)
Baker v T E Hopkins & Son Ltd [1959] 3 All ER 225 (Court of Appeal).

amicus curiae -is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it. The information provided may be a legal opinion in the form of a brief (which is called an amicus brief when offered by an amicus curiae), a testimony that has not been solicited by any of the parties, or a learned treatise on a matter that bears on the case. The decision on whether to admit the information lies at the discretion of the court. The phrase amicus curiae islegal Latin and literally means "friend of the court".

Ref-
^ Chicagoguncase.com
^ Stanford Law Review article on ex parte blogging
^ United States Supreme Court Rule 33
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Audi alteram partem - s a Latin phrase that literally means "hear the other side".[1] It is most often used to refer to the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.[2]
"Audi alteram partem" is considered a principle of fundamental justice or equity in most legal systems. The principle includes the rights of a party or his lawyers to confront the witnessesagainst him, to have a fair opportunity to challenge the evidence presented by the other party, to summon one 's own witnesses and to present evidence, and to have counsel, if necessary at public expense, in order to make one 's case properly.
Ref-
^ audi alteram partem: Definition from the Merriam-Webster Online Dictionary
^ Audi alteram partem 's entry in the duhaime.org legal dictionary

19. in loco parentis, Latin for "in the place of a parent" or "instead of a parent,"[1] refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. Originally derived from English common law, it is applied in two separate areas of the law.
First, it allows institutions such as colleges and schools to act in the best interests of the students as they see fit, although not allowing what would be considered violations of the students ' civil liberties.[1]
Second, this doctrine can provide a non-biological parent to be given the legal rights and responsibilities of a biological parent if they have held themselves out as the parent.[2]
Ref-
^ a b "Law.com Law Dictionary - in loco parentis". Law.com. Retrieved 2008-09-03.
^ An example of family law in loco parentis
^ Anderson, Terry H. (1996). The Movement and the Sixties. New York: Oxford University Press. ISBN 978-0-19-510457-8.[page needed]
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20. in personam is a Latin phrase meaning "directed toward a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgment applies to that person and is called an "in personam judgment." In personam is distinguished from in rem, which applies to property or "all the world" instead of a specific person. This technical distinction is important to determine where to file a lawsuit and how to serve a defendant. In personam means that a judgment can be enforceable against the person wherever he/she is. On the other hand, if the lawsuit is to determine title to property (in rem) then the action must be filed where the property exists and is only enforceable there.[1] ref- ^ Black, Henry Campbell (1910). A Law Dictionary Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern: And Including the Principal Terms of International, Constitutional, Ecclesiastical, and Commercial Law, and Medical Jurisprudence, with a Collection of Legal Maxims... (2 ed.). West Publishing Co.. p. 606.

21. Mala fide - In bad faith. is an attitude taken in actions or positions that involves rationalizing to form a belief in which there is deception, duplicity, insincerity, or dishonesty, due to failing to take certain facts into account or using invalid argumentation, which may be intentional or self deception.
Ref-
Collins v Transport & Allied Worker’s Union, 1991,
Whiten v. Pilot Insurance Co., 2002 SCC 18
Rocking Chair Plaza v Brampton, 1988 29 CPC 2d 82, Duhaime online Legal Dictionary,
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22. Stare decisis- is a legal principle by which judges are obliged to respect the precedents established by prior decisions. The words originate from the phrasing of the principle in the Latin maxim Stare decisis et non quieta movere: "to stand by decisions and not disturb the undisturbed."[1] In a legal context, this is understood to mean that courts should generally abide by precedents and not disturb settled matters.[1]
Ref- ^ Auto Equity Sales, Inc. v. Superior Court, 57 Cal. 2d 450 (1962).
^ United States Internal Revenue Serv. v. Osborne (In re Osborne), 76 F.3d 306, 96-1 U.S. Tax Cas. (CCH) paragr. 50,185 (9th Cir. 1996).
^ Central Green Co. v. United States, 531 U.S. 425 (2001), quoting Humphrey 's Executor v. United States, 295 U. S. 602, 627 (1935).

23. Ratio decidendi - meaning "the reason" or "the rationale for the decision." The ratio decidendi is "[t]he point in a case which determines the judgment"[1] or "the principle which the case establishes."[2]
In other words, ratio decidendi - legal rule derived from, and consistent with, those parts of legal reasoning within a judgement on which the outcome of the case depends.
It is a legal phrase which refers to the legal, moral, political, and social principles used by a court to compose the rationale of a particular judgment.
Ref- ^ See Black 's Law Dictionary, page 1135 (5th ed. 1979).
^ See Barron 's Law Dictionary, page 385 (2d ed. 1984).

24- Res gestae -- is a term found in substantive and procedural American jurisprudence and English law. In American substantive law, it refers to the start-to-end period of a felony. In American procedural law, it refers to an exception to the hearsay rule for statements made spontaneously or as part of an act. The English version of res gestae is similar.
Ref- ^ Commonwealth v. Dugan, 381 A.2d 967 (Pa. Super. 1977)
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25. Ultra vires -- The ultra vires doctrine typically applies to an officer (such as a government minister or the director of a company) or to a corporate body (such as a limited company, a government department or a local council). An act done by an officer or body that is beyond its capacity (unauthorised) is considered invalid and described as ultra vires. An officer or body acting within its powers is said to be intra vires.
Ref- ^ Boddington v British Transport Police [1998] UKHL 13
Robert W. Hamilton. The Law of Corporation 4th Edition, 1996 West Group
26. Pro bono publico (usually shortened to pro bono) is a phrase derived from Latin meaning "for the public good". The term is generally used to describe professional work undertaken voluntarily and without payment as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms. Pro bono service, unlike traditional volunteerism, uses the specific skills of professionals to provide services to those who are unable to afford them.Pro bono publico is also used in the United Kingdom to describe the central motivation of large organizations such as the National Health Service, and various other NGOs, which exist "for the public good", rather than for shareholder profit.
Ref-
^ "New York City Bar Association Releases Statement of Pro Bono Principles." Retrieved 2 June 2007.[1]
^ "Supporting Justice: A Report on the Pro Bono Work of America 's Lawyers
^ "Supporting Justice II: A Report on the Pro Bono Work of America 's Lawyers Pro Bono" [2]
^ The LawWorks website [5]
27. -- Vis major -- in Latin ‘a superior force’) is a greater or superior force; an irresistible force. It may be a loss that results immediately from a natural cause that could not have been prevented by the exercise of prudence, diligence and care. It is also termed as vis divina or superior force.
It is an irresistible violence; inevitable accident or act of God. Its nature and power absolutely uncontrollable, for example, the inroads of a hostile army or forcible robberies, may relieve from liability from contract.This term has specific meaning in regard to strict liability.
Ref- Black’s Law Dictionary, P.1567, 7th Edn.,
Mitra’s Legal & Commercial Dictionary – 4th Edn., Eastern Law House, Page 790
Prosser Wade and Schwartz 's Torts: Cases and Materials, 11th Edn., Foundation Press, P. 694
28-- Res judicata-- is the Latin term for "a matter [already] judged", and may refer to two things: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal.;[1] and the term is also used to refer to the legal doctrine meant to bar (or preclude) continued litigation of such cases between the same parties, which is different between the two legal systems. In this latter usage, the term is synonymous with "preclusion". n the case of Res Judicata, the matter cannot be raised again, either in the same court or in a different court. A court will use Res Judicata to deny reconsideration of a matter . references-
^ Civil Procedure Outline
^ Allen v. McCurry, 449 U.S. 90, 94, 101 S.Ct. 411 (1980).
^ England v. Louisiana State Board of Medical Examiners, 375 U.S. 411 (1964)
^ Statute of the International Court of Justice: Chapter II Article 38.1.c
29. Terra nullius-- is a Latin expression deriving from Roman law meaning "land belonging to no one" (or "no man 's land"),[1] which is used in international law to describe territory which has never been subject to the sovereignty of any state, or over which any prior sovereign has expressly or implicitly relinquished sovereignty. Sovereignty over territory which is terra nullius may be acquired through occupation,[2] though in some cases doing so would violate an international law or treaty.
Ref-
^ "Definition of terra nullius - English Dictionary", "New Jersey v. New York, 523 US 767 (1998)", "Governor Bourke 's Proclamation 1835 (UK)" , Decisions of the Superior Courts of New South Wales, 1788-1899, published by the Division of Law, Macquarie University, "Australasian Legal Information Institute"
30. In pari delicto-- Latin for "in equal fault (better is the condition of the possessor)"[1] is a legal term used to indicate that two persons or entities are equally at fault, whether the malfeasance in question is a crime or tort.The phrase is most commonly used by courts when relief is being denied to both parties in a civil action because of wrongdoing by both parties. The phrase means, in essence, that since both parties are equally at fault, the court will not involve itself in resolving one side 's claim over the other, and whoever possesses whatever is in dispute may continue to do so in the absence of a superior claim. The doctrine is similar to the defense of unclean hands, both of which are equitable defenses. Comparative fault and contributory negligence are not the same as in pari delicto, though all of these doctrines have similar policy rationales.
Ref-
^ A Selection of Legal Maxims, page 546
^ A Selection of Legal Maxims, page 543

bibliography- www.google.com www.wikipedia.com

References: ^ a b Bryan A. Garner, ed (2001). Black 's Law Dictionary (2nd Pocket Edition ed.). St. Paul, MN: West Group. pp. 503, 523. ^ "Blunder made by using or putting one thing for another (now rare)" – Concise Oxford Dictionary, 4th edition, 1950. ref- ^ Black, Henry Campbell (1910) Collins v Transport & Allied Worker’s Union, 1991, Whiten v Rocking Chair Plaza v Brampton, 1988 29 CPC 2d 82, Duhaime online Legal Dictionary, --------------------------------------------------------------------------------------------------------------------------- ^ United States Internal Revenue Serv. v. Osborne (In re Osborne), 76 F.3d 306, 96-1 U.S. Tax Cas. (CCH) paragr. 50,185 (9th Cir. 1996). ^ Central Green Co. v. United States, 531 U.S. 425 (2001), quoting Humphrey 's Executor v. United States, 295 U. S. 602, 627 (1935). ^ See Barron 's Law Dictionary, page 385 (2d ed. 1984). ^ England v. Louisiana State Board of Medical Examiners, 375 U.S. 411 (1964) ^ Statute of the International Court of Justice: Chapter II Article 38.1.c