Legal Maxims
Concise Latin principles that explain
fundamental rules and concepts of law.
| S.No. | Legal Maxim | Meaning (Latin) | Explanation |
|---|---|---|---|
| 1 | Actus non facit reum nisi mens sit rea | The act itself does not make a person guilty unless there is a guilty mind. |
A person who accidentally kills someone while driving recklessly may not be guilty if there was no intention or malice. |
| 2 | Audi alteram partem | Hear the other side (right to a fair hearing). | Before dismissing an employee, the employer must provide the employee with an opportunity to explain. |
| 3 | Nemo judex in causa sua | No one can be a judge in their own case. | A judge must recuse themselves from cases where they have a personal interest. |
| 4 | Res ipsa loquitur | The thing speaks for itself. | In a case where a surgeon leaves a foreign object inside a patient’s body, negligence is presumed. |
| 5 | Caveat emptor | Let the buyer beware. | If a person buys used goods, they cannot later sue the seller for defects if they did not inspect the car properly. |
| 6 | Ignorantia juris non excusat | Ignorance of the law is no excuse. | A person cannot claim ignorance of the law if he breaks it. |
| 7 | Volenti non fit injuria | To a willing person, no injury is done. | If someone participates in a dangerous sport and gets injured, they cannot sue for damages. |
| 8 | Sudden Emergency | One is not held to a strict standard of care in a sudden emergency. |
A driver swerves to avoid an animal and causes an accident may not be liable if the action was reasonable. |
| 9 | Lex loci delicti commissi | The law of the place where the wrong was committed. |
If a tort occurs in a foreign country, the laws of that country would govern the tort. |
| 10 | Nemo dat quod non habet | No one can give what they do not have. | A person who steals a car cannot transfer ownership of the car to another person. |