Legal Maxims With Explanation8 min read
Legal maxims are brief, memorable statements of the law. They are often expressed in Latin, but some have been translated into English. Lawyers and judges use maxims to help them decide cases.
Here are some of the most common legal maxims with explanations:
Expressio unius est exclusio alterius: This maxim means that the expression of one thing is the exclusion of all others. In other words, when a law says one thing, it means that thing and nothing else.
exempli gratia: This Latin phrase means “for example.”
Cumulative sentences: A cumulative sentence is a sentence that consists of more than one independent clause, usually joined by a conjunction such as “and,” “or,” “nor,” “but,” or “yet.”
Nemo dat quod non habet: This maxim, which is also known as the “rule against stolen goods,” means that a person cannot give something that he or she does not have.
ut supra: This Latin phrase means “as above.”
res ipsa loquitur: This maxim, which is also known as the “rule of evidence,” means that the thing speaks for itself. In other words, the facts of a case can be used to prove a legal point without the need for any additional evidence.
pacta sunt servanda: This maxim means “agreements must be kept.”
sui generis: This Latin phrase means “of its own kind.”
Extrajudicial: This term refers to something that is done outside of a court of law.
Judicial: This term refers to something that is done within the context of a court of law.
Table of Contents
What are the 10 maxims?
There are many maxims in the world, but only 10 are considered the most important. These 10 maxims are guidelines to live by, and they can help you live a happy and fulfilling life.
1. Do unto others as you would have them do unto you.
This is the most famous maxim and also the most important. It is known as the Golden Rule, and it teaches us to treat others the way we want to be treated.
2. Be yourself.
Don’t try to be someone you’re not. Just be yourself and let your true personality shine through.
3. Forgive and forget.
Forgiveness is one of the most important things you can do for yourself. It allows you to let go of the past and move on.
4. Live in the present.
Don’t worry about the past or future. Just focus on the present and enjoy the moment.
5. Take one day at a time.
Don’t try to do too much. Just take it one day at a time and don’t stress about the future.
6. Carpe diem.
Seize the day! Make the most of every moment and don’t let it pass you by.
7. Be honest.
Honesty is the key to building trust and strong relationships.
8. Be kind.
Kindness is one of the most important things you can offer the world. It makes the world a better place.
9. Be patient.
Patience is a virtue. It’s important to be patient with others and with yourself.
10. Do your best.
Give everything your best effort and don’t worry about the results.
What do you understand by the legal maxim?
A legal maxim is a short, pithy statement of law that is often quoted as an authority. Some of the most famous legal maxims are “ignorance of the law is no excuse,” “let the punishment fit the crime,” and “the ends justify the means.”
These maxims encapsulate centuries of legal wisdom and experience. They are a handy way to remember complex legal principles, and can be very useful in court proceedings.
However, it is important to remember that legal maxims are not always binding on the courts. They are merely a guide, and the courts may decide to disregard a maxim if it is not relevant to the case at hand.
Why do we use Latin maxims?
Latin maxims are a special type of proverb that is often seen in legal and moral contexts. They are short, memorable phrases that express a general truth or principle. Latin maxims can be traced back to ancient Rome, and they continue to be used today in a wide variety of contexts. There are several reasons why Latin maxims are so popular.
First, Latin maxims are concise and easy to remember. This makes them perfect for expressing complex ideas in a short, memorable phrase. Latin maxims also have a certain elegance and authority that other forms of expression often lack.
Second, Latin maxims are typically based on sound moral principles. This makes them a useful tool for teaching values and ethics. Latin maxims can also be used to make legal decisions, as they often provide a concise and accurate summary of the law.
Third, Latin maxims often have a historical resonance. They can remind us of the wisdom of the ancients, and help us to better understand the world around us.
Finally, Latin maxims are an interesting way to learn about Latin vocabulary and grammar. By studying Latin maxims, students can learn important Latin phrases and expressions in a fun and engaging way.
What are the maxims related to the law of contract?
The law of contract is a complex area of law that governs the formation and performance of contracts. It is based on a number of maxims, which are fundamental principles that guide the interpretation and application of the law of contract. Some of the most important maxims related to the law of contract are as follows:
1. Offer and acceptance: The law of contract is based on the principle of offer and acceptance. This means that in order to form a contract, there must be an offer and an acceptance of that offer. The offer must be clear and definite, and the acceptance must be unconditional.
2. Consideration: In order for a contract to be valid, it must be supported by consideration. This means that both parties must receive something of value in exchange for the agreement.
3. Capacity: To be able to form a contract, a person must have the legal capacity to do so. This means that they must be of sound mind and capable of making a reasonable decision.
4. Intention to create legal relations: In order for a contract to be legally binding, the parties must have intended to create a legal relationship. This means that they must have intended to be legally bound by the agreement.
5. Privity of contract: This principle means that only the parties to a contract are legally bound by it. This means that third parties cannot enforce the contract unless they are expressly included in the agreement.
6. Illegality: A contract that is illegal is void and unenforceable. This means that it cannot be legally enforced by either party.
7. Interpretation: The law of contract is a complex area of law and is often open to interpretation. The maxims listed above provide a framework for interpreting and applying the law of contract.
What are the 12 maxims?
The 12 maxims are the most important rules that a samurai must live by. They were developed in the early 1600s by the great samurai philosopher Yagyū Munenori.
The maxims are:
1. Rectitude or Justice
2. Courage
3. Benevolence
4. Politeness
5. Veracity or Truthfulness
6. Honor
7. Loyalty
8. Frugality
9. Persistence
10. Vigilance
11. Righteousness
12. Compassion
What are the 20 maxims of equity?
The maxims of equity are a set of guidelines that are used to help judges make fair and impartial decisions in difficult cases. There are 20 maxims in total, and they cover a wide range of topics, from the importance of evidence to the value of good faith.
The maxims of equity were first developed in the 1500s by the Court of Chancery in England. At the time, the Chancery Court was used to deal with difficult legal cases that didn’t fit within the strict guidelines of the common law. The maxims were originally developed as a way to help judges make fair decisions in these complicated cases.
The maxims of equity are still used today by courts all around the world. They provide a framework for judges to make decisions that are fair and impartial, and that take into account the unique circumstances of each case.
The 20 maxims of equity are:
1. Equity follows the law.
2. He who comes to equity must come with clean hands.
3. Equity will not aid a volunteer.
4. There is no equity where there is no law.
5. Equity regards as done that which ought to be done.
6. Equity acts in personam.
7. Equity does not require performance of impossibilities.
8. Equity follows the substance of the matter.
9. Equity does not deal with trifles.
10. Equity regards that as done which ought to be done.
11. Equity imputes an intention to do equity.
12. Equity regards and gives effect to the real agreement of the parties.
13. Equity gives effect to the intention of the parties as expressed in their contracts.
14. Equity regards the interests of the parties as a whole.
15. Equity orders that the substance of an agreement shall be observed.
16. Equity gives relief to the party who suffers most by the breach of a contract.
17. Equity gives relief against forfeiture.
18. Equity gives relief against penalty.
19. Equity relieves against hardship.
20. Equity is not bound by technicalities.
How can I learn legal maxim?
There are a number of ways that you can learn legal maxims. You can attend law school, where you will be exposed to a variety of legal maxims. You can also find a variety of online resources that will help you learn legal maxims. Finally, you can attend workshops or seminars that will help you learn legal maxims.
Regardless of how you choose to learn legal maxims, it is important that you understand their meaning and how to apply them. Legal maxims are a valuable tool for lawyers, and understanding them will help you better understand the law.
