Sunday, 14 July 2019

Legal Maxims for Judicial service Exam

1) qui facit per alium facit per se :- Qui facit per alium facit per se is a Latin legal term that means, "He who acts through another does the act himself." It is a fundamental legal maxim of the law of agency. It is a maxim often stated in discussing the liability of employer for the act of employee in terms of vicarious liability."



2) Res inter alios acta alteri nocere non debet is a legal phrase that is seen used in the law of evidence. It means ‘a transaction between others does not prejudice one who was not a party to it’. Things done between strangers must not cause an injury to people who are not parties to such acts.



3) Allegata et probata is a Latin term meaning things alleged and proved. The allegations made by a party to a suit, and the proof adduced in their support. It refers to general evidence rules which requires that the proofs must correspond with the allegations.

4) Autrefois Acquit And Autrefois Convict.  The doctrine in a way is the rule again double jeopardy. Rule against double jeopardy means that a person cannot be tried for the same offence once again if he has been either convicted or acquitted in the trial relating to same offence.

5) Fraus et jus nunquam cohabitant is a Latin term which means that fraud and justice never dwell or agree together. In other words, it means that law cannot exist with deliberate falsehood or fraud.
6) Nemo debet bis vexari pro una eteadem causa (no one shall be twice vexed for the same cause) is one of the two maxims on which on which the doctrine of res judicata in based.
7) Nemo Moriturus Praesumitur Mentire is a legal maxim, used in India, with the following meaning: A man will not meet his maker with a lie in his mouth. A dying declaration is admitted as evidence is based on this maxim
8) "Nasciturus pro iam nato habetur, quotiens de commodis eius agitur" is a Latin legal maxim that refers to a law that grants or protects the right of a foetus to inherit property. ... Pursuant to this legal principle, the foetus is presumed to have been born for the purposes of inheritance.
9) Actio personalis moritur cum persona is a Latin expression meaning "a personal right of action dies with the person".
9) “The maxim actus curiae neminem gravabit, which means that the act of the Court shall prejudice no one, becomes applicable when a situation is projected where the Court is under an obligation to undo the wrong done to a party by the act of the Court.
10) Qui facit per alium facit per se is a Latin legal term that means, "He who acts through another does the act himself." It is a fundamental legal maxim of the law of agency It is a maxim often stated in discussing the liability of employer for the act of employee in terms of vicarious liability.
11) Generalia Specialibus Non Derogant Definition: Latin maxim of interpretation: the provisions of a general statute must yield to those of a special one.
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