Legal maxims, expressed in Latin form, are a lawman’s language. Judiciaries or jurists in law promote legal maxims when pronouncing a judgment to make a connected judgment for the proceedings. In law, precedent case laws prevail over the current proceedings of any ongoing case. Therefore, these legal maxims are keywords to an advocate.
Therefore, CLAT 2025 aspirants must also learn these terms to understand a question precisely and score well in the exam. This article lists common legal maxims for CLAT exam preparation that a candidate must undergo in the remaining days.
Law Legal Maxim Meaning
A legal maxim is a legal idea, proposal, or doctrine, usually expressed in Latin. Most of these legal maxims originated from the Medieval era in European states that employed Latin as their official language.
- These principles aid courts worldwide in implementing current laws fairly and justly, allowing them to resolve disputes before them.
- Such principles do not have legal authority, but when courts use them in deciding legal matters or the legislature adopts them in enacting legislation, they take on the form of law and serve as the foundation for sound judgments.
Importance of Legal Maxims of Law
Candidates appearing for law entrance exams must learn legal maxims. They must note that legal maxims are one of the most critical topics in legal aptitude. The legal maxim questions are customarily asked under Legal Knowledge. In the CLAT exam 2025, you can expect 3-4 questions on this topic.
Important Legal Maxims of Law
Below is a list of the top Important Legal Maxims for CLAT:
A vinculo matrimoni | From the bond of matrimony |
Ab extra | From outside |
Pacta sunt servanda | Treaties are legally binding |
Absoluta sententia expositore non indiget | An absolute judgment doesn’t need expositor |
Abundans cautela non nocet | Abundant caution does not harm |
Accessorium non ducit sed sequitur suum principale | Accessory doesn’t draw, but follows its principal |
Accessorius sequitur | A man who is an accessory to the crime can’t be guilty of a more serious crime than the principal offender. |
Ab initio | From the beginning |
Actus Curiae Neminem Gravabit | Act of a court shall prejudice no one |
Actus Non Facit Reum Nisi Mens Sit Rea | Intent and act both must concur to constitute the crime |
Audi Alterem Partem | No man shall be condemned unheard |
Actori incumbit onus probandi | Burden of proof lies on the plaintiff |
Actus Reus | A guilty deed or act |
Ad hoc | For the particular end or case at hand |
Benignae faciendae sunt interpretationes chartarum, ut res magis valeat quam pereat | Liberal constructions and interpretations are different, so they have an effect rather than fail |
Boni judicis est ampliare jurisdictionem | It’s part of a good judge to enlarge his jurisdiction, i.e., remedial authority |
Bis dat qui cito dat | He gives twice who gives quickly |
Bona fide | In good faith |
Caveat | Caution registered with the public court indicating to the officials that they cannot act in the matter mentioned in the caveat without first providing notice to the caveator. |
Caveat actor | Let the doer beware |
Caveat emptor | Let the buyer beware |
Caveat venditor | Let the seller beware |
Certiorari | A writ through which orders passed by a lower court are quashed |
Consensus ad idem | Agreement to the same thing (Meeting of mind) |
Communis hostis omnium | They are common enemies of all. The common enemy of everyone. Read with section 4(2) of IPC |
Corpus | Body |
Corpus delicti | The facts and circumstances that make up a crime and Concrete evidence of a crime, like a corpse (dead body). |
Cy pres | As nearly as may be practicable / possible. |
Champerty | Financial help is given to a person starting a proceeding against a party, where the person offering help has a share in the damages to be recovered. |
De Facto | Existing in actuality, especially when contrary to or not established by law |
De Minimis Non Curat Lex | Law does not concern itself with trifles |
Dominus Litis | Owner of riot |
Donatio Mortis Causa | A gift in anticipation of death |
Damnum sine injuria | Damage without legal injury |
Debitum in praesenti, solvendum in futuro | Debt in the present, to be paid in Future |
De bonis non administratis | Of goods not administered |
De die in diem | From day to day |
De jure | In accordance with the law |
De novo | Start afresh |
Debile fundamentum fallit opus | Where there’s a weak foundation, the work fails |
Debita sequuntur personam debitoria | Debts follows the person of the debtor |
Debitor non praesumitur donare | Debtor is not presumed to make a gift |
Dies Dominicus non est juridicus | Sunday isn’t a day in law |
Discretio est discernere per legem quid sit justum | Discretion is to discern by law what is just |
Doli incapax | Incapable of crime |
Dominium | Ownership |
Dubitante | Doubting the correctness of the decision. |
De bonis asportatis | Of goods carried away |
Ex injuria jus non oritur | Law (or right) does not arise from injustice |
Estoppel | Prevented from denying |
Ex gratia | As favor |
Ex officio | Because of an office held |
Ex parte | Proceeding in the absence of the other party. |
Ex post facto | Out of the aftermath. Or After the fact |
Ex turpi causa non oritur actio | No action arises on an immoral contract |
Expressio unius est exclusion alterius | The mention that one thing is incorporated implies that another thing is excluded |
Ex injuria jus non oritur | Law (or right) does not arise from injustice |
Fatum | Beyond human foresight |
Fait accompli | Things over and no longer arguing against. An accomplished act. |
Factum probanda | Fact in issue that is to be proved |
Factum probans | Relevant fact. |
Fraus et jus nunquam cohabitant | Fraud and justice never stay together |
Habeas Corpus | You have the body |
Ipse Dixit | He himself said it |
Ignorantia legis neminem excusat | Ignorance of law is not an excuse |
Injuria sine damno | Injury without damage |
Interest reipublicae ut sit finis litium | State, or public interest need that there must be a limit to litigation |
Injuria sine damno | Violation of a legal right without harming |
Ipso facto | By the nature of the case; by the mere fact |
In prompt | In readiness |
In posse | In a state of possibility |
In limine | Initial stage; at the outset |
In lieu of | Instead of |
Inter alia | Among other things |
Inter se | Among themselves |
In spece | In kind |
Inter vivos | Between living persons |
Intra vires | Within the powers |
Id or idem | Same thing or the same person |
Innuendo | Spoken words that are defamatory since they have a double meaning |
In status quo | In the present state |
Intestate | To die without making a will |
Leges Posteriores Priores Contrarias Abrogant | Later laws repeal earlier laws inconsistent therewith |
Lis pendens | A pending suit |
Lex Non Cogit Ad Impossiblia | The law does not compel a person to do that which he cannot possibly perform |
Locus standi | Right to be heard |
Lex fori | Law of the place where the cases are heard |
Lex loci actus | Law of the place where the act took place |
Mala in se | Bad in themselves |
Mandamus | A order or writ issued from a court of superior jurisdiction that commands an inferior court to perform, or refrain from carrying a particular act, the performance of which is required by law as an obligation. |
Mala fide | In bad faith |
Mens rea | Guilty state of mind |
Modus operandi | Way of working |
Ignorantia Facti Excusat, Ignorantia Juris Non Excusat | Ignorance of facts can be excused. Still, not ignorance of law |
Impotentia Excusat Legem | Impossibility excuses the law |
In lieu of | Instead of |
Jus in personam | Right against a particular person |
Jus in rem | Right against the world at large |
Jus non scriptum | Unwritten law; Customary Law |
Jus scriptum | Written Law |
Jetsam | Cargo thrown off a sinking ship. |
Jus | Law or right |
Jurat | Words at the end of an affidavit show the details of when and by whom it was sworn |
Lex Mercatoria | The law merchant, a body of legal principles. It is founded on the customs of merchants in their dealings with one another, and though at first distinct from the common law, it later became incorporated into it. |
Nulla poena sine lege | Every criminal law has to fulfill all the qualifications |
Modus Operandi | Method of working |
Res Ipsa Loquitur | Thing speaks for itself |
Falsus in uno falsus in omnibus | Meaning false in one thing, false in everything. Check under section 16 of the Indian Evidence Act. This maxim is unfollowed in India, as held in the case of Anr and Suchita Singh vs. the State of Punjab and Ors (2015) |
Functus officio | No longer having power or jurisdiction |
Ex officio | Because of an office held |
Jus naturale | Natural law. Or, a system of law based on fundamental ideas of correct and wrong that is natural law |
Sub Silentio | When a rule or principle on a certain point of law in a decision is passed and applied by the court without any consideration to the applicable law or any argument |
Pendente lite | During Litigation |
Cognovit actionem | One has confessed the action |
Quantum Merit | As much as deserved |
Obiter dicta | Things which are said in passing |
Obiter dictum | A saying by the way. An incidental opinion |
Actio Personalis Moritur Cum Persona | Personal right of action dies with the person |
Amicus curie | A friend of the court |
Quo Warranto | By what authority. A write calling one to show under what authority he holds public office |
Quantum | How much, an amount |
Qui facit per alium, facit per se | He who acts through other acts himself |
Pari passu | With an equal step |
Actori incumbit onus probandi | Actor rests the burden of proof or The burden of proof lies on the plaintiff |
Actus me invito, non est meus actus | Act done by me against my will is not my act |
Post mortem | After death |
Impotentia Excusat Legem | Inability excuses the law |
Factum Valet | An act that should not be done is valid when it is done |
Prima Facie | Based on the first impression |
Per incurieam | Because of lack of care |
Jus Cogens | A compelling law |
Jus ad rem | Right to the point |
Parens Patriae | Doctrine of parens patriae is a doctrine where a state has third-party standing to bring a lawsuit on citizen behalf |
Pro rata | In proportion |
Prior tempore potior iure / lex posterior | Earlier in time, stronger in law |
Locus Standi | Right of a party to appear and be heard before a court of law or to institute a suit or an action before the court. |
Dominus Litus | The person to whom a suit belongs |
Stricto Sensu | In the narrow sense |
Mutatis Mutandis | The necessary changes |
Nemo Debet Esse Judex in Propria Sua Causa | No man is judge in his case. No one ought to be a judge in his own cause |
Nemobis punitur poreo dem delicto | No one will be punished twice for the same crime or offence |
Nemo Debet Bis Vexari Pro Una Et Eadem Causa | A man will not be vexed twice for the same cause |
Nova Constitutio Futuris Formam Imponere Debet, Non Praeteritis | A current law ought to be prospective and not retrospective, in operation. |
Qui Facit Per Alium Facit Per Se | He who acts by/ through another acts for himself |
Dictum | Statement of law made by the judge during the decision but not necessary to the decision itself |
Detinue | Tort of wrongfully holding goods belonging to someone else |
Quid pro quo | What for what or Something for something. |
Res Integra | A complete thing, an entirely new or untouched matter. |
Furious absentis loco est | A madman is one who is absent. Read with section 84 of IPC. |
Res Judicata | A thing adjudged |
Mens rea | Guilty mind |
Jus | Law or right |
Mala fide | In bad faith |
Nemo Potest esse tenens et dominus | Nobody can be a landlord and a tenant of the same property. |
Suppressio Veri or Suggestio Falsi | Concealment of truth or a statement of falsehood. |
Ubi Jus Ibi Remedium | There is no wrong without a remedy. Wherever there is a right, there is a remedy. |
Uberrimae fide | Of utmost good faith; of the intact confidence |
Ubi Non Est Principalis Non Potest Esse Accessorius | Where there’s no principal, no accessory |
Volenti Non Fit Injuria | To the consenting, no injury is done. |
Vigilantibus et non dormientibus jura sub veniunt | Law aids the vigilant, but not the dormant. Or law aid those who are vigilant, not those who sleep upon/ over their rights |
A verbis legis non recedendum est. | From the words of the law, there must be no departure |
Vis major | Act of God; irresistible forces |
Novation | Transaction where a new contract is agreed upon by all parties to replace a current contract. |
Lex Fori | The law of the country. It means the law of evidence is the law of the land where court proceedings are taken |
Malum prohibitum | Opposite of Malum in se. Its meaning is crimes are criminal not because they are inherently bad, but since the act is prohibited by the law of the state |
Res ipsa loquitor | The thing speaks for itself |
Re | In the matter of |
Res Subjudice | Matter in the course of trial |
Respondeat superior | Let the principal answer |
Suo Motu | On its own motion |
Secus | The legal position is different, it is otherwise |
Sine die | With no day (indefinitely) |
Stare decisis | To stand by decisions (precedents) |
Talis qualis | Such as it is |
Per se | By itself |
Verbatim | Word by word, exactly |
Vi et armis | With the force and arms |
Void | Of no legal effect |
Vigilantibus non dormientibus jura subveniunt | Law serves the vigilant, not those who sleep. |
Volens | Willing. |
Ultravires | Outside the powers |
Waiver | Voluntarily giving up or removing the conditions |
Judex non petest esse testis in propira cause | Judge cannot be a witness in his own cause |
Judicium non debet esse illusionism, suum effectum habere debet | Judgment ought not to be illusory; it ought to have its proper effect. |
Jura na turae sunt immutabilia | The laws of natural justice is immutable |
Vexatious | Annoying, done to annoy |
Veto | Ban or order not to allow something to become law, even if it is passed by a parliament |
Vice versa | Reverse position |
Vis major | Act of God; irresistible forces |
Ultra vires | Beyond the scope, power or authority |
Palimony | Money which a court orders a man to pay regularly to a woman with whom he is living and from whom he has separated |
Prima facie | At first sight; on the face of it |
Per se | By itself; taken alone |
Monfeasance | Not doing something which should be done by law |
Lis | A suit legal action |
Laissez-faire | Political theory where a government does nothing to control the. |
A priori | From the antecedent to the consequent |
Benami | Nameless |
Misnomer | A wrong or inaccurate name or term |
Sans recours | With no recourse |
Dies non | The day on which no legal business is transacted. E.g., National holiday, Bank holiday |
Also Read: How to Prepare for CLAT Exam 2025? (Experts Tips & Tricks)
Steps to Learn CLAT Legal Maxims
The syllabus for Judiciary exams is vast, and learning Legal Maxims for Judicial Exams can sometimes become difficult. So, to ensure that you do not forget these important Legal Maxims, follow the tips given below:
- Make a chart or sheet of all the important Legal Maxims for Judicial Exams and paste it on a wall in your study room.
- Revise thrice a week so they stay on the top of your head for your Judiciary Exams.
- Practice Questions based on Legal Maxims to better command them.
- Making notes will help you memorize Legal Maxims for Judicial Exams better.
- You can search for online sources for Important Legal Maxims for CLAT 2025 that guide you to helpful sources to complete the CLAT related to legal maxims. Make notes for all of them.
Books to Prepare Legal Maxims for CLAT 2025
Here is a list of books to prepare for Legal Maxims for law students to make section-wise preparation effective.
Books Name | Author Name |
A Selection of Legal Maxims | Herbert Broom |
Legal Maxims with Observations and Cases | George Frederick Wharton |
Broom’s Legal Maxims | Rupin Pawha |
Legal Maxims for CLAT | Kanoon Prakashak Agency |
CLAT Resources
Conclusion
Legal Maxims for Judicial exams are easy to learn when you start making notes and focusing on the tips given above. The revision will keep you ahead in your preparation; therefore, keep revising frequently. The maxims given above hold a lot of importance concerning your Judiciary exam.
For CLAT candidates, it is essential to be familiar with key legal adages and expressions since they serve as the basis for legal analysis and judgment. Remember that understanding and familiarity with legal adages and expressions are helpful for the CLAT and highly valued in the legal profession.
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