Foreign Legal Words and Phrases

A
A Fortiori By so much the stronger reason, i.e., all the more
A Posteriori Argument from the consequence to the antecedent
A Priori Deductive; from earlier i. e., original or antecedent; argument from antecedent to the consequent; not empirical
A Prendre See Profit
Ab Antiquo From Ancient times
Ab Extra From without
Ab Initio From the beginning
Ab Intestato 'Succession ab intestate' means succession to the property of a person who has not made his will
Ab Intra From within
Absolute sententia expositore non indiget Plain language does not need an interpreter
Absolvitur An acquittal; a decree in favour of the defendant
Absque Impetitione Vasti Without impeachment of waste
Absque Injuria Without any infringement of a right
Absque Talicausa Without such cause
Acquitas factum habet quod fieri oportuit Equity regards as done that which ought to have been done. Equity treats a contract to do a thing as producing the state of affairs which the parties intended should exist when the contract had been duly performed
Actionary A shareholder
Act in pais A judicial or other act performed out of court and not a matter of record
Actus Reus Wrongful act
Ad alium diem At another day
Ad audiendum To hear
Ad Diem At the day
Ad Filum Aquae To the thread or centre line of the stream
Ad.Filum vise To the centre of the way or road
Ad Finem At or near end
Ad Hoc For this
Ad hominem To the man ; personal
Ad Idem Agreeing in the essential point
Ad Infinitum Without limit
Ad Interim In the meantime
Ad Litem On a suit or action
Ad Longum At length
Ad Miseri Cordium In pity
Ad Nauseum Disgusting
Ad Referendum For further consideration
Ad Valorem According to the value
Alia Enormia Other wrongs. A declaration in trespass usually concluded thus ; "and other wrongs to the plaintiff then did" etc. [Rawson]
Alias Otherwise called
Alibi A plea by a person accused of an offence that he was 'elsewhere' - that having regard to the time and place when and where he is alleged to have committed the offence, he could no have been present.
Alieni Juris Under another's authority. See Sui • juris
Alieno solo In the land of another ; on other's land
Alio Intuitie With another intent than that alleged, i, e., not bona fide
Aliter Otherwise
Amicus Curiae (Friend of Court) ; A stander-by, not being a party to, or interested in, the cause, who informs the Court of any decided case or other fact of which it can take judicial notice. [Rawson]
Animus deserendi Intention to desert
Animus domini The intention of possession and ownership by entry or user
Animus possidendi The intention of possessing
Animus revertendi The intention of returning
Ante A reference to the previous part of the same book or statement
Ante Bellum Before the war
Ante Litem Motam Before litigation commenced
Arbitrium est Judicium An award is a judgment
Audi alteram partem Hear the other side. Both sides should be heard before a decision is arrived at
Aute De Fe Act of faith
Autre (Auter) Droit In right of another, e. g., a trustee holds in the right of his cestui que trust
Autre Fois Acquit  Formerly acquitted. A plea in criminal cases that one has been already acquitted on the same charge
Autre Fois Attaint Formerly attainted. A plea in criminal cases that one is still attainted
Autre Fois Convict Formerly - convicted. A plea in criminal cases that one was already convicted on the same charge
A Vinculo Matrimoni From the bond of matrimony
B
Bastard Eigne If a man has a natural son, and afterwards marry the mother, and by her have a legitimate son, the latter is called mulier puisne and the elder son Bastard eigne [Rawson]
Bille Vera A true bill
Bona Fide With good faith, i. e., without fraud or unfair dealing
Brevia Testa Short attested memoranda, originally introduced to obviate the uncertainty arising from parol feoffments : hence modern conveyances have gradually arisen. [Rawson]
C
Cadit Queslio The argument is at end
Camera Stellata The Star Chamber, a Court originally created to prevent the obstruction cf justice in the inferior courts by undue influence
Cassetur Billa (Let the bill be quashed) ; an entry on the record that the plaintiff withdraws his bill
Casus Belli An occurrence giving rise to or justifying war
Casus Faederis A case stipulated by treaty or which comes within the terms of compact
Casus Omissus A point unprovided for by statute
Causa Causans The immediate cause ; same as causa proxima
Causa 'Mortis In respect of death
Causa Proxima [See Causa causans]
Causa sine qua non A cause without which the effect would not have been caused
Caveat Emptor Let the purchaser beware. Where the purchaser does not require a warranty, he, in most cases, has to take the risk of the article not being of the desired quality. [Rawson]
Caveat Viator Let the traveller beware. This applies where gratuitous permission is given to persons to pass over private land, who must take the risk of accident arising from negligence of the owner. [Rawson]
Cepi corpus I have taken the body and have it ready
Cestui Que Trust The person who possesses the equitable or beneficial right to property, the legal estate of which is vested in a trustee. Also called a beneficiary
Clam Viaut Precario By stealth, force or licence
Communis error facit jus Common or universal error makes law
Conge D' Accorder Leave to accord or agree
Conge D' Elire Leave to choose
Consideratum Est Per Curiam It has been considered by the court
Contractue uberrima fides Contract requiring of utmost goodwill
Contra Bonos Mores Against good morals
Coram Non Judice In presence of a person who is not Ridge
Coram Paribus Before his peers
Corpus delicti The body of facts which constitute an offence; gist or of the offence
Corpus possessionis The thing possessed
Cry De Pais Hue and cry
Culpa Lata or Magna Gross neglect
Culpa Levis Slight or excusable neglect
Cum Grano Salis With a grain of salt
Cum Testamento Annexo With the will annexed
Curia Advisari Vult (Abbreviated as cur. adv. vult, or C.A.V.) The desires to consider
(In) Custodia Legis In the custody of the law
D
Damage-Feaisant or Faisant Doing damage
Damnosa Haereditas A disadvantageous or unprofitable inheritance
Damnum Absque Injuria, also Damnum Sine Injuria Loss of by an act is not wrongful
Data What is given ; the promises upon which an argument is based ; certain given facts from which others may be inferred
De Bene Esse To allow a thing to be done provisionally and out of due course. This phrase is used when anything is allowed to be done at a present time with the view of its being examined at a future time, and then standing or falling according to the merit of the thing in its own nature.
Debitum Fundi A real debt, a charge on land
Decree nisi A decree is said to be made nisi when it is to take effect after a specified period or after the person affected by it fails to show cause against it within a certain time
De Die in Diem From day to day ; continuously
Dedi et Concessi I have given and granted
Dedimus Potestatum We have given the power
De Facto, De Jure In fact, by right
Defectus Sanguins Failure of issue
Dehors Outside of ; unconnected with ; unrelated to
De jure In law, independent of what obtains in fact
De minimis non , curat lex The law takes no account of very trifling matters [S. 95, I.P.C.]
Delegatus non potest delegare A delegated power cannot be further delegated
deli in capax Incapable of malice. In Indian Law, this conclusive presumption has been adopted for children under seven years of age. [S. 82. I.P.C.]
De Novo Anew, afresh
Dies Non Day on which no legal business can be transacted, e. g., Sunday. Christmas Day
Dom Proc (Domus procerum) The House of Lords
Donatio Mortis Causa A gift of personal property in prospect of death
Dum Sola Whilst single or unmarried
Dureate bene placito During the pleasure
E
Edictal Citation Passages or names quoted on edicts
Ejusdem Generis Of the same kind or nature
En ventre sa mere Child in womb
Eminent domain The right of power of the government to take private property for public use on making just compensation therefor. The power of a Sovereign State to take or to authorise the taking of any property with in its jurisdiction for public use without the owner's consent
Ex Abundanti Cautela From abundant or excessive caution
Ex Cathedra With the weight of one in authority
Executio est finis et fructus legis Execution is the end and fruit of the law
Ex Debito Justitiae From what is due of right
Ex-delicto From a delict, tort, fault, crime or malfeasance
Exempli Gratia (Abbreviated as e.g.,) For the purpose of example
Ex Mero Motu Of his own accord
Ex Officio By virtue of his office
Ex pacto illicito non oritur actio No action arises on an illegal agreement
Ex parte Expression used to signify something done or said by one person not in the presence of his opponent
Ex Post Facto Made after the occurrence
Ex Relatione Amici Narrated to the reporter by a friend
Ex turpi causa From a base cause
Ex Ve Termini From the force or meaning of the expression
F
Facsimile Made it like ; an exact copy
Factum Valet The "fact which cannot be altered" though it should not have been done
Fait accompli An accomplished fact
Fait Enrolle A deed enrolled
Falsa Demonstratio The incorrectly described quantity has to be rejected as falsa demonstratio. [Irongaobi Pisciculture Co-operative Society v Chief Commissioner of Manipur, AIR 1969 Manipur 84 (87)]
Fang A thief taken with the fang is one caught having the stolen property upon him
Felo De Se A felon with respect to himself ; a suicide
Feme Covert A married woman
Femi Sole An unmarried woman
Ferae Naturae Wild animals
Fait Let it be done ; a decree
Flagrante Delicto In the very act of committing the crime
Fiat justitia Let justice be done
Fiat justitia, ruat caelum Let justice be done, though the heavens fall
Foetus A baby in the womb
Forum A Court
Forum Originis The Court of the country of a man's domicile by birth
Functus Officio The phrase is used of one who having discharged his duty has terminated his authority or appointment
G
Gestio Pro Haerede Behaviour as heir ; conduct by which the heir renders himself liable for his ancestor's debts, as by taking possession of title-deeds, receiving rent, etc. [Rowson]
Gilda Mercatoria A mercantile meeting or assembly
Glebae Ascriptitii Assigned to the land
H
Haeredes Proximi Heirs begotten ; children
Haeredes Remotiores Heirs riot begotten, e.g., grand children and. others descending in a direct line
Haereditas Jacens An inheritance not taken up
Haeres Faetus Heir appointed by will
Haeres Natus Heir by descent
Hors de combat Unfit to light, disabled
I
Ibidim, Ibid, Id In the same place, volume of case
Idem Per Idem An illustration or proof
Idem Sonans Sounding alike
litera Legis Letter of legislation
Imprimatur A licence to print or publish
In Alio Loco In another place
In Arbitrio Judicis At the discretion of the Judge
In Articulo Mortis At the point of death
In Auter (Autre) Droit In another's right
In Custodia Legis In the custody of the law
In Esse Actually existing ; as opposed to in posse : in a state of possible existence
In Extenso From beginning to end ; leaving out nothing
In Extremis At the last gasp
In Favorem Libertatis or Vitae In favour of liberty or life
In Fieri In course of accomplishment or completion
In Forma Pauperis As a 'pauper' . See Pauper
In Gemio Legis In the bosom of the law
In Invidium To excite prejudice
In Invitum Against a person's will
In Limine At the outset
In Loco Parentis When a person assumes the moral obligation of providing for an infant as a parent should, he is said to be in loco parentis i.e., in the place of a parent
In Medias Res To the heart of the matter
In Notis In the notes
In Fais Done without legal formalities
In pari delicto When both parties are equally in fault, in equal fault
In Pari Materia In an analogous case
In personam An act or proceeding done or directed against or with reference to a specific person
In posse Possibility of being as opposed to in esse-in a state of being Achikd en ventre sa mere is a child in posse but the law regards it as in esse for all purposes which are for its benefit
In presenti At the present time ; at once ; immediately effective
In Re In the matter of
In rem An act or proceeding done or directed with reference to no specific person or with reference to all whom it might concern
In Solido In the whole ; entirely
In Status quo In an unaltered old state
In Terrorem For the purpose of intimidating
In Totidem Verbis In so many words
In Toto In the whole ; totally
Incipitur It is begun
Injuria sine damno Injury without damage ; am infringement of a right without causing damage
Intelligible differentia Difference capable of being understood. A factor that distinguishes one in different state or class from another which is capable of being understood
Inter Alia Among other things
Intra Vires Within its powers, as opposed to ultra vires
Ipse Dixit (He himself and it) ; a mere or bare assertion resting on one's own authority
Ipso Facto By the very fact itself
Ipso jure By the law, itself
Ire Ad Largum To go at large
J
Judicium Dei Judgment of God
Juris Et De Jure Of law and from law. A conclusive presumption, which cannot be rebutted, is so called
Jus Ad Rem An inchoate and imperfect right
Jus commune The common and natural rule of right
Jus Desponendi The right of disposing of property
Jus dicere et non ins dare To declare the law, not to make it
Jus in Personam A right against another person to oblige him to do or not to do something
Jus In Re A complete and full right to a thing to the exclusion of all other men
Jus non scriptum The unwritten law
Jus Precarium A right depending on request, not enforceable at law
Jus Privatum The private or civil or municipal law
Jus Relictae The right of a widow in her deceased husband's personality
Jus Tertii The right of a third person
Juxta Formum Statuti According to the form cf the statute
L
Legitimi Haeredes Legitimate heirs-agnates
Leonina Societas A partnership in which one gets the lion's share
Lex Domicilii The law of the country of one's domicile
Lex Fori The law of the country where an action is brought
Lex Loci Contractus The law of the country where the contract was made
Lex Loci Delicti The law of the country where a tort has been committed
Lex Loci Rei Sitae The law of the place where the thing is situate
Lex Mercatoria The mercantile law
Lex non cogit ad impossibilia The law dues not compel the impossible
Lex Non Scripta The unwritten law
Lex Ordinandi Same as Lex fori
Lex Scripta The written or statute law
Lex Talionis The law of realisation
Lex tallienes (Law of retaliation)
Liberum Tenementum Frank. or free tenement
Lis pendens A pendig suit
Loco Regit Actum The place governs the act
Locum Tenens A deputy
Locus in Quo The place in which
Locus Poenitentiae A chance of repentence
Locus Standi The right of a party to appear and be heard by a court of justice
M
Mala Fides Bad faith as opposed to bona fide
Mala in Se Acts which are wrong in themselves whether prohibited by human laws or not as distinguished from mala prohibita.
Mala Praxis Bad management
Mala Prohibita Acts prohibited by human law
Malitia Praecogita Malice atore-thought.
Malo Grate In spite ; unwillingly
Malus usuo A bad custom
Mens rea A guilty mind
Mesne Middle or intermediate
Mesne profits The profits which a person in wrongful possession of the property actually received or might with ordinary diligence have received therefrom together with interest on such profits excluding the profits due to improvement made by the person in wrongful possession
Miseri Cordia An arbitrary americament or punshment
Modo Et Forma In the manner and the form mentioned
Modus operandi Mode of operating ; the way in which a thing, cause etc. operates ; the way in which a person goes to work ; a distinct pattern or method of procedure thought to be characteristics of an individual criminal and habitually followed by him
Modus vivendi The manner of living ; a way of life
Mutatis Mutandis With the necessary changes being made. When there is provision in a statute to apply certain law or its provision mutatis mutandis, the same cannot imply delegation, or abdication of legislative power. [Debi Mata v State of W.B., 76 CWN 308: AIR 1972 Cal 497]
N
Nemine contradicente (Nem, con.) Non contradicting
Nemo No one, nobody
Nexus Bond, link or connection
Nisi A decree, rule or order of the Court is said to be made nisi when it is not to be of force unless the party against whom it is made fails within a certain time to show cause against, i.e., a good reason why it should not be made. [Rawson]
Nisi Prius A nisi prius trial now means a trial before Judge with a jury
Nolle Prosequi To be unwilling to prosecute
Nolens Volense Whether willing or unwilling
Nomen generalissium Extremely common name
Non Assumpsit He did not promise
Non bis in idem Nonn twice for the same
Non Cepit He took not
Non Compos Mentis Person of unsound mind
Non Consessit He did not grant
Non Constat It is not certain, it does not follow
Non Demisit He did not demise
Non est factum It is a defence in an action founded on a document when there has been a mistake as to the very nature of the transaction
Non Obstante Notwithstanding
Non Sequitur It does not follow
Noscitur a Sociis One is known by his companions ; the meaning of a word or expression is to be gathered from the surrounding words, that is from the context
Novos Actus Interveniens A new act intervening
Nudum Pactum A bare contract, i. e., one not made under seal and for no consideration
Nullius Filius A son of nobody, i.e., a natural child
O
Obiter Dictum A saying by the way
Onus Probandi Onus of proof
Ore Tenus By word of mouth
P
Pacta sunt servanda Contracts are to be kept
Pari Materia Having same matter, text or language
Pari Passu With equal steps
Pars Rationabilis Reasonable part
Particeps Criminis A partner in crime
Participient Criminis Sharer of a crime
Pater Familias A sui juris and head of the family
Pendente Lite During pendency of litigation
Per annum By the year
Per Capita By the number of individuals
Per Centum ad Valorem Percentage according to the value
Per diem By the day
Per mensem By the month
Per Stirpes By the number of families
Per Incuriam Thought want of care
Per Quad Whereby
Per Se By itself
Persona Designata One described as an individual
Persona grata An acceptable person (in diplomatic parlance)
Persona non grata An unacceptable person (in diplomatic parlance)
Pessimi Exempli Of the worst example
Plenum dominium Full ownership, the right of property in a thing coupled with the right to its. use and enjoyment
Post Litem Motam After the starting of litigation
Prima Facie On the first aspect
Prima Impressionis Of first impression
Privatum Commodum Publico Cetid Private advantage must yield to public
Pro Forma As a matter of form
Pro Hac Vice For this occasion
Pro Rata In proportion
Probono Publico For the public good
Pro tanto To that extent
Pro Tempore For the time being, temporarily, provisionally
Proprio Vigore By its own force
Public Juris Of public right
Puisne Later born
Q
Qua In the character of, in virtue of being
Quarantine As must be deserved
Quantum Valebant As much they were worth
Que Est Eadem (Which is the same), a form of plea in actions of trespass and the like, traversing the time and place named in the declaration. [Rawson]
Quia Timet injunction Where an injunction is granted to prevent a threatened as distinguished from an existing wrongful act, it is called quia timet injunction
Quid Pro Quo Something for something ; a consideration
Quo Animo With that mind
Quoad Hoc As to this
Quod cum That whereas
Quod Recuperet That he do recover the debt or damages, a final judgment for a plaintiff in a personal action
Quod Ultra As to the rest
Q. V.-Quod Vide (Which see) ; a means of reference to the word which precedes
R
Raison d' Etre Reason or justification for existence.
Ratio Decidendi The reason for the decision in a cause or matter
Ratio Legis The reasons or occasion of the law
Ratione Tenurae By reason of tenure or occupation
Recius in Curia One against whom no accusation is made
Reductio Ad Absurdum The method of disproving an argument - showing that it leads to an absurd conclusion
Regulae Generales General rules
Res Communes Things common to all
Res Gestae All things done in the course of a transaction
Res Integra A matter not yet decided
Res Ipsa Loquitur (The thing speaks for itself). A matter in which no proof is required. A phrase used in actions for injuries due to negligence
Res Judicata A matter already judicially decided
Res Nullius A thing that has no owner
Res Publicae Things of the state dedicated to the use of citizens
Restitutio in Integrum The rescinding of a contract or transaction on the ground of fraud, etc, so as to restore the parties to their original position. [Rawson]
Rule nisi A rule or order upon condition that is to become absolute when cause is shown to the contrary
S
S. C. Same case
Sans Recours Without recourse
Scienter (Knowingly, wilfuly), an allegation in the pleading that the defen-dant did the thing in question wilfully. It must be proved in an action of deceit. [Rawson]
Secundum Allegataet probata According to the pleadings and the proofs
Secus (Otherwise), to the contrary effect
Semble (It seems). Used in Reports to show that a point is not decided directly, but may be inferred
Sine Die Without day ; indefinitely
Sine Proble Without issue
Sine Qua Non An indispensable requisite
Solatium A sum paid to an injured party over and above the actual damages by way of solace to his wounded feelings
Spes Successionis The chance of an heir apparent succeeding to an estate
Stare Decisis To stand by thing decided ; to abide by precedents where the same points come again in litigation
Status quo Existing condition
Strictissimi Juris Of the most strict law
Sub Modo Under condition or restriction
Subpoenea A writ commanding attendance in a court under penalty
Sub Judice In course of trial
Sub Silentio In silence
Suggestio Falsi A false suggestion, misrepresentation
Sui Juris (Of his own right), a person who is neither a minor nor insane nor subject to any disability, as opposed to alieni juris.
Suppressio Veri A wilful concealment of a truth
Sus. Per. Coll Let him be hanged by the neck
T
Terminus A Quo The starting point
Terminus Ad Quem The terminal point
Terra Firma Firm ground
Totidem Verbis In so many words
Toties Quoties As often as occasion arises
Transfer Inter Vivos Transfer between living persons [S. 2(d). Government Savings Certificates Act]
Trustee do son Tort One who, of his own authority, enters into the possession or attends to the management of the porperty which belongs beneficially to another
Turpis Causa A base or immoral consideration, on which no action can be founded
U
Uberrima Fides (Most entire confidence). Contracts made between persons in a particular relationship of confidence, as guardian and ward, attorney and client, or insured and insurer, require the fullest information to be given before hand by the person in whom the confidence is reposed to the person confiding, or the court will refuse to enforce the contract on behalf of the former. [Rawson]
Ubi jus ibi remedium When there is a right, there is a remedy
Ultimtus Haeres The ultimate or last heir
Ultra Vires Beyond their powers. It means that something has been clone by a person or body of persons which was beyond him, or their power
V
Vadium Mortuum A dead pledge ; a mortgage
Valebat Quantum Let it have its weight
Vi Et Armis By force of arms
Vide See ; a word of reference
Vires Authority ; power
Vis Major Irresistible force
Viva Voce By word of mouth


Foreign Legal Maxims

A
A Verbis Legis Non Est, Recedendum From the words of the law there must be no departure.
Ab Assuetis, Non Fit Injuria From things to which we are accustomed no legal wrong can arise.
Abundans Cautela Non Nocet Extreme care does no mischief.
Accessorium Sequitur Suum Principale That which is accessory or incidental follows its principal, e.g., crops or fixtures go with the land they are on.
Accusare Nemo Se Debet No one is bound to accuse himself.
Actio Personalis Moritur Cum Persona A personal action dies with the person
Actor Incumbit Onus Probandi The burden cf proof lies on the plaintiff.
Actor Sequitur Forum Rei A plaintiff follows the Court of the defendant.
Actori Non Probante Reus Absolvitur When the plaintiff does not prove his case, defendant is acquitted.
Actus Curae Neminer Fact Injuriam The act of the Court does wrong to no one.
Actus Dei Ressisi Nocet The act of God prejudices no one.
Actus Me Invito Factus, Non Est Mensactus An act done by me against my will is not my act.
Actus -Non Facit Reum, Nisi Mens Sit Rea An act does not make a man --;-less he be so in intention.
Adversus extraneous -vitiosa possessio prodessi solet An imperfect possession is accustomed to prevail as against outsiders claiming adversely.
Aedificatum Solo, Solo Cedit That which is built upon the land goes with the land.
Acquitas Est Quasi Aequalitas Equity is, as it were, equality.
Aequitas Sequitur Legem Equity follows laws.
Aflectus Yunitur Licet Non Sequatur Effeetus The intention is punished the consequences do not follow
Affirmenti, Non Neganti, Incumbit Proratio The burden of proof lies upon him who affirms, not upon him who denies.
Agentes Et Consentien Tes Pari Paens Plectentur Acting and consenting parties are liable to the same punishment.
Alienatio Rei Praefertur Juri Accrescendi Alienation is favour rather than accumulation.
Alii Per Alium Non Acquiritur Obligatio One man cannot incur a liability through another.
Allegans Contaria Non Est Audiendus A person making contradictory allegations is not to be listened to.
Ambigua Responsis Contra Proferentem Est Accipienda An ambiguous answer is to be taken against him who makes it.
Ambiguitas Verborum Latens verificatione suppletur, nam quod ex facto oritur.
Ambiguum Verificatione facti tollitur Latent ambiguity of words may be removed by parole evidence, for an ambiguity arising upon proof of extraneous fact may be removed in like manner.
Ambiguitas Verborum Patens Nulls Verificatione excluditur A patent ambiguity cannot be cleared up by extrinsic evidence [S. 93, Indian Evidence Act].
Animus Ad Se Omina Jusducit Intention attracts all law to itself.
Aqua Cedit Solo Water passes with the soil.
Argumentum a Simili Valet in Lege An argument from a like case is good in law. The binding effect of a decision does not depend upon whether a particular argument was considered therein or not provided that the point with reference to which an argument was subsequently advanced was actually decided.
Assignatus Utitur Jure Auctoris The assignee gets only the right of the assignor.
B
Bis Dat Qui Cito Dat He gives double who gives promptly.
C
Causa Proxima, Non Remota Specs Tatur The immediate and not the remote cause is to be regarded.
Cessante Causa, Cessat Effectus The cause ceasing, the effect ceases.
Cessante Ratione Leg-is Cessat Ipsa Lex The reason of the law ceasing, the law itself ceases.
Cestum Est Quod Certain Reddipotest That is certain which can be rendered certain.
Chiorgraphum Apud Debitorem Repertum Praesumitur A deed found with the debtor is presumed to be paid.
Clam Delinquentes Magis Puniuntur Quam Palam Those sinning secretly are punished more severely than those sinning openly.
Claussulae Inconsuetae Semper Inducunt Suspicionem Unusual clauses always, excite suspicion.
Commondum Ex Injuria Sua Memo Habera Debet No person ought to have advantage from his own wrong.
Compendia Sunt Dispendia Abbreviations are a loss of time. [Cf. The longest way round is the shortest way home].
Consuetudo Debet Esse Certa ; Nam Incerta, Pro Nullis Habentur A custom should be certain, for uncertain things are held as nothing.
Consensus, Non Concubitus, Facit Matrimonium Consent, not cohabitation, constitute marriage.
Consensus Tollit Ertorem Consent removes mistake.
Consuetudo Est Optimus Interpres Legum Custom is the best interpreter of laws.
Contemporanea Exposito Est Optima et Fortissima in lege A contemporaneous interpretation is the best and strongest in law.
Contra Non Valentem Agere Nulla Currit Praescriptio Time does not run against a person under disability.
Contractus Ex Turpi Causa Vel Contra Bones Mores Nullus A contract arising from a base consideration, or against morality, is null.
Conventio Vincit Legem An agreement prevails against any implication Of law.
Cuilibet in Arte Sua Perito Est Credendum Every one who if skilled in his own act is to be believed.
Cuilibet licet juri pro se introduce to renuntiare One may waive a legal right existing in his favour.
Cujus Est Commodum Ejus Debet Esse Incommodum He who has the advantage should also have the disadvantage.
Cujus Est Dare Ejus Est Disponere Whose it is to give, his it is to regulate the manner of the gift.
Cujus Est Divisio Alterius Est Electio When one party has the division, the other has the choice.
Cujus Est Instituere Ejus Est Abrogare He that legislates may also abrogate.
Cuilibet Licet Juri Pro Se Introdue to Renuntiare One may waive a legal right existing in his favour.
Culpa Lala Dolo Aequiparatur Gross negligence is equivalent to intentional wrong.
Culpae Paena Par Esto Let punishment be in proportion to the crime.
Cum Confitante Sponte Mitius Est Agendum One confessing willingly should be dealt with more leniently.
D
De Minimis Non Curat Lex The law takes no account of trifles.
Debita Sequntur Personam Debitoris Debts follow the person of the debtor.
Debitor Non Presumitr Donare A debtor is not presumed to give.
Delegatus Non Potest Delegare A delegate has no power to delegate.
Dies Inceptus Pro Completo Habetur A day begun is held as complete.
Dolus Auctoris Non Nocet Successori The fraud of a predecessor prejudices not his successor.
Dolus Versatur in generalibus He who wishes to decive uses general or ambiguous terms.
Domus Sun Euique Est Tutissimum Refugium To every one, hi, is the safest refuge. [Cf. Every man's house is his own castle].
Donatio Non Praesumitur A gift is not presumed.
Donatio Perticitur Possessione Accipientis A gift is perfected by the possession of the receiver.
Dormiunt Aliquando Leges, Nunquam Moriuntur The laws sometimes never (lie).
Duo Non Possunt in Solidu Unam Rem Possidere Two cannot possess the whole of one thing in its entirely.
E
Ejus Est Periculum Cujus Est Dominium Ant Commodum He who has the dominion or advantage has the risk.
Ejus Nul a Culpa Est Cui Parer Necesse Sit He is not in any fault who is bound to obey.
Ex Antecidentibus Et Consequentibus Fit Optma Interpretatio The best interpretation is made from the context.
Executio Juris Non Habet Injuriam The execution of the process of law does no injury.
Executor De Son Tort One who takes upon himself the office of an executor by intrusion, not being so constituted by the testator.
Ex Diuturnitate Temporis Onmia Praesummuntur Rite Esse Acta After a lapse of time everything is presumed to have been properly done.
Ex Dolo Malo Non Oritur Actio No right of action can arise cut of a fraud.
Ex Nudo Pacto Non Oritur Actio From a nude, contract, no right of action arises.
Ex Turpi Causa Non Oritur Actio From an immoral cause no arise".
Exceptio Probat Regulam De Rebus Non Exceptis An exception proves the rule concerning things not excepted.
Exempla Illustrant Non Restringunt Legem Examples illustrate but do restrain the law.
Expedit, Rei Publicae Ne Sua Reuqis Male Utetur It is for the public good that no one uses his property badly.
Expedit Rei Publicae Ut Sit Finis Litium It is for the public good that there should be an end to litigation.
Experientia Docet Experience teaches.
Expressio Unius Est Exclusio Alterius The mention of one is the exclusion of another.
Expressum Facit Cessare Taciturn What is expressed makes what is silent cease.
Extra Legum Position Est Civiliter Moriuus He who is placed out of the law is civilly dead.
Ex Turpis Causa Non Oritur Actio "The court will not recognise a claim or cause of action based on a turpitude". The plaintiff can challenge order of allotment, if he was in lawful possession c ; accommodation as tenant on relevant date, otherwise he has no right of suit. [Ramji Lal v. Balwant Singh, 1967 ALJ 410].
F
Facta Sunt Potentiora Verbia Deeds are more powerful than words.
Faotum a Judice Quod Ad Ejus Officium Non Spectat, Non Ratum Esi An action of a Judge which relates not to his office is of no case.
Fait Justitia Ruat Caelum Let right be done, though heavens should fall.
Falsa Demonstratio Non Nocet A false description does not vitiate (a document).
Falsa Orthographia, Sive Falsa Grammatica, Non Vitiat Concessionem Bad spelling, or bad grammar does not vitiate a grant.
Falsus in Uno, Falsus Omnibus False in one thing false in all.
Fatetur Facinus Qui Judicium Fugit He who flies judgment confesses his guilt.
Fictio Leges Inique Opertur Alien Idamnum Vel Injuriam A legal fiction does not properly work loss or injury.
Fieri Non Debuit, Sed Factum Valet It ought not to have done, but when done it is binding.
Fractionem Diei Non Receipit Lex The law does not take notice of a portion of a day.
Fraus Est Celare Fraudem It is fraud to conceal fraud.
Fraus Laten in Generalibus Fraud lies hid in general expressions.
Furiosis Nulla Voluntas Est A mad man has no will, i.e., he is not criminally responsible.
Fortum Non Est Ubi Initium Habet Detentionis Per Dominum Rei There is no theft where the origin of the possession was with the consent of the owner.
G
Generalia Specialibus Non Derogant General words do not derogate from special.
Generalia Verba Sunt Generaliter Intelligenda General words are to be understood in a general sense.
Grammaiica Falsa Non Vitiat Chartum False grammar does not vitiate a deed.
I
Id Certum Est Quod Certum Reddi Potest That is certain which can be reduced to a certainty.
Idem Est Non Esse Et Non Apparere Not to be and not to appear are the same. In the law of evidence where a person on whom the onus of proving an affirmative fails in such proof, the contrary is presumed, though there be no evidence in support of that presumption.
Ignorantia Facti Excusat, Ignorantia Juris Non Excusat Ignorance of the fact excuses ; ignorance of the law excuses not.
Ignorantia Legis neminem Excusat (Ignorantia Legis haud excusat ; ignorantia Legis Non Excusat) Ignorance of law is no excuse.
In Aequali Jure Melior Est Coeditio Possidentis Where the rights are equal, the condition of the possessor is best.
In Alternativis Electio Estdebitoris In alternative the debtor has the election.
Inclusio Unius Est Exclusio Alterius The inclusion of one is the exclusion of another.
In Cemmobum Non Solvit Argumentum Inconvenience does net destroy an argument, e. 5., it is no answer to an action for the removal of a nuisance that it would be more inconvenient for defendant to remove it than to pay damages for the injury it may cause. In will cases it is sometimes otherwise. [Rawson].
In Consimili Casu, Consimili Debet Essse Remedium In similar cases the remedy should be similar.
In Dubio Haec Legis Constructio Quam Uerba Ostendunt In a doubtful case, the construction which the words point out is the construction given by law.
In Factione Juris Semper Atquitas Existit In legal fictions there is always an inherent equity.
Iniquum Est Aliquem Rei Suae Esse Judiciem ; In Propria Causa Nemo Juder Est It is unjust for any one to be a judge in his own case. No one should be judge in his own cause.
Injuria Non Excusat Injurium One wrong does not justify another.
Injuria Non Praesumitur Injury is not presumed.
In Maleficiis Voluntas. Non Exitus-Spectatur In criminal acts the intention is to be regarded, not the result.
In Pari Delicto Potior Est Conditio Possidentis Where both parties are equally in the wrong, the possessor or the defendant has the better position. [For applicability see Raja Ram v. Daulat Ram, AIR 1980 All 161].
In Societatis Contractibus Fides Exuberet The strictest good faith must be observed in partnership transactions.
Intentio Imponit Nomen Operi The intention gives the name to the act.
Interpretatio Talis Facienda Est Ut Res Magis Valeat Quam Pereat Such an interpretation is to be adopted that the thing may rather stand than fall.
Interest Reipublicae Ut Sit Finis Litiuum It is in the interest of the State that there should be an end of law-suit.
Invito Beneficium Non Datur A benefit cannot be conferred on one who is unwilling to receive it.
Ita Utere Tuo Ut Alienum Non Leadas Use your own property so as not to injure your neighbour.
J
Judex Non Potest Esse Testis In Propria Crusa In his own cause.
Judices Non Tenentur Exprimere Causam Sententiae Suae Judges are not bound to explain the reason of their sentence.
Judicia Posteriora Sunt in Lege Fortiora The later decisions are the stronger in law.
Judicia Est Judicare Secundum Allegata Et Probata It is the duty of a Judge to decide according to facts alleged and proved.
Judicis Est Jus Dicere Non Dare It is for the Judge to administer, not to make laws.
Jura Non-Remota Causa Sed Proxima Spectatur In law the immediate or proximate not the remote cause of any event is regarded.
Juratores Sunt indices Facti Jurors are only judges of fact.
Juri Sanguinis Nunquam Praescribitur Relationship is not a matter of prescription.
Juri Ex Injuria Non Oritur A right cannot arise out of wrong-doing.
Jus Publicum Privatorum Pactis Mutari Non Potest A public right cannot be altered by the agreement of private persons.
L
Lata Culpa Dolo Aequiparatur Gross negligence is tantamount to fraud.
Leges Posteriores Priores Contrarias Abrogant Later laws abrogate prior contrary laws.
Legis Interpretatio Legis Vim Obtinet The interpretation of law obtains the force of law.
Lex Citius Tolerare Vult Privatum Damnum Quam Publicum Malum The law will more readily tolerate a private less than a public evil.
Lex Dilationes Exhorret The law always abhors delays.
Lex Nil Facit Frustra ; Nil Jubet Frustra The law does nothing in vain.
Lex Non Cogita Impossibilia The law forces not to impossibilities.
Lex Non Curat De Minimis The law cares not about trifles.
Lex Respicit Aequitatem The law pays regard to equity.
Lex Spectat Naturae Ordinem The law has regard to the order and course of nature.
Locus Regit Actum The place governs the act.
M
Mala Grammatica Non Vitiat Chartum Bad grammar does not vitiate an instrument,
Malitia Supplet Aetatum Malice supplies want of age.
MELIOR Est Conditio Defendentis, or Possidentis The party in possession is in a better condition, i. e., where rights are equal.
Melius Est Petere Fontes Quam Sectari Rivulos It is better to go to the fountain-head than to follow streamlets from it.
Minatur Innocentibus Qui Parcit Nocentibus He threatens the innocent who spares the guilty.
Misera Est Servitus Ubi Jus Est Vagum Aut Incognitum Wretched is the slavery where the law is changeable or uncertain.
Mobilia Sequuntur Personam Movables follow the person.
Modus Et Conventio Vincunt Legem Custom and agreement overrule law.
N
Natura Appetit Pepfectum ; Ita Et Lex Nature desires perfection ; so also law.
Naturae Non Facit Saltum ; Ita Nee Lex Nature takes no leap ; so neither does law.
Necessitas Est Lex Temporis Et Loci Necessity is the law of time and place.
Necessitas Facit Licitum Quod Alias Non Est Licitum Necessity makes that lawful which otherwise is not lawful.
Necessitas Inducit Priviligum Quod Jura Privata Necessity gives a privilege with reference to private rights.
Necessitas Non Habet Legem Necessity has no law.
Necessitas Publica Major Est Quam Privata Public necessity is greater than private.
Necessitas Quod Cogit Deffendit Necessity defends what it compels.
Necessitas Sub Lege Non Continetur Quia Quia Quod Alias Non Est Lictum Necessitas Facit Lictum Necessity is not restrained by law ; since what otherwise is not lawful necessity makes lawful.
Necessitas Vincit Legen Legum Vincula Irridet Necessity overcomes law, it derives the fetters of laws.
Negatio Duplex Est Affirmatio A double negative is an affirmative.
Negligentia Sempeg Habet Infortunium Comitem Negligence has always misfortune for a companion.
Nemo Agit in Seipsum No one impleads himself.
Nemo Allegans Turpitudinem Suam Audiendus Est No one bearing testimony to his own baseness ought to be heard. [Raja Ram v. Daulat Ram, AIR 1980 All 161].
Nemo Contra Factum Suum Venire Potest No one can go against his own deed.
Nemo Dat Quod Non Habet No one can give that he has not, i.e., a better right one has cannot be passed.
Nemo Debet Bis Punire Pro Uno Delicto No one ought to be punished twice for the same offence.
Nemo Debet Esse Judex in Propria Causa No one can be a judge in his own cause.
Nemo Debet Locupietari Aliena Jactura No one ought to be enriched by another's disaster.
nemo De domo Sue Extrahi Potest No one can be dragged out of his own house. In other words every mans house in his own castle.
Nemo Ejusdem Tenementi Simul Potest Esse Haeres Et Dominust No one can at the same time be the heir and owner of the same tenement.
Nemo Est Alterius Facto Prae Gravari Debet No one ought to be burdened by the act of another.
Nemo Est Heares Viventis No one is the heir of a living man.
Nemo Ex Dolo Suo Proprio Relevetur Aut Auxilium Capiat Let no one be relieved or gain ,m advantage by his own fraud.
Nemo Ex Proprio Dolo Consequitur Actionem No one maintains an action arising out of his own wrong.
Nemo Ex Suo Delicto Meliorem Swim Conditionem Facere Potest No one makes his condition better by his own misdeed.
Nemo in Propria Causa Judex, Esse debet No one ought to be a judge in his own cause.
Memo Potest Esse Simul Actor Et Judex No one can be at once suitor and judge.
Nemo Potest Esse Tenes Et Dominus No one can be tenant and lord.
Nemo Potest Facere Per Alium, Quad Per Se Non Potest No one can do through another what lit, cannot do through himself.
Nemo Potest Plus Ad Juris, Alium, Transferre Quam Ipse Habet No one can transfer a greater right to another than lie himself has
Nemo Praesumiture Ludere in Ex Tremis No one is presumed to trifle at the point of death.
Nemo Praesumitur Malus No One is presumed to be bad.
Nemo Punitur Pro Aleno Delicto No one is punished for another's rung.
Nemo Sibi Esse Judex Vel Suis Jus Dicere Debet No one ought to he his own judge or the tribunal in his own affairs.
Nemo Tenetur Ad Inpossibilia No one is bound to an impossibility.
Nemo Tenetur Divinare No one is bound to foretell.
Memo Tenetur Jura Re in Suam Turpitudinem No one is bound to testify to his own baseness.
Nemo Tenetur Seipsum Accusare No one is hound to accuse or criminate himself.
Nemo Unquam Judict In Se No one should be a judge in his own cause.
Nihil Aliud Potest R x Quam Quod De Jure Potest The king can do nothing except what he can by law do.
Nihil Facit Error, Nominis Com Do Corpore Constat An error as to name is nothing when there is certainty as to the person.
Nihil Habet Forum Ex Scena The court has nothing to do with what is not before it.
Nihil Quod Est Contra Rationem Est Licitum Nothing is permitted which is contrary to reason.
Noilioiores Et Benigniores Praesumptions le Dubiis Sunt Praeferndae In case of doubt, the more generous and more benign presumptions are to be preferred.
Non Est Regula Quin Fallat There is no rule without an exception.
Non Facias Malum Ut Inde Veniat Bonum You are not to do evil that thence good may arise.
Non In Legendo Sed In Intellingendo Leges Consistimt The law consists not in being read but in being understood.
Non Obstante Not being in way, notwithstanding with, or regardless of.
Non Possetsori Incumbit Necessitas Probandi Possessiones Ad Se Pertinere A person in possession is not bound to prove that the possession belongs to him.
Noscitur Ex Socio Qui Non Cognoscitur Ex Se He who cannot be known from himself may be known from his associates.
Nova Constitutio Futuris Formam Imponere Debet, Non Praeteritis A new law ought to be prospective, not retrospective in its operation.
Novatio Non Praesumitur Novation is not presumed.
Noxa Sequitur Caput Guilt follows the person.
Nullum Tempus Oceurrit ,Regi No time can prejudice the king.
Nullus Videtur Dalo Facere Qui Suo Jure Utitur No one is considered to act with guile who uses his own right.
Nunquam Crescit Ex Post Facto Praeterti Delicit Aestimatio The estimation of a past offence is never increased by an after-fact.
Nuptias Non Coneubitus Sed Consensus Facie No cohabitation but consent makes the marriage.
O
Obedientia Est Legis Essentia Obedience is the essence of law.
Obtemperandum Est Consuetudini Rationabili Tanquam Legi A reasonable custom is to be obeyed as a law.
Occalsatio Thesatio Inventi Fraud Ulesa The concealment of a discovered treasure is fradulent.
Oderunt Peccare Boni Virtutis Amore ; Oderunt Peccare Mali Formidine Paenae Good men hate sin through love of virtle ; bad men through fear of punishment.
Odiosa Et Inhonesta Non Sunt In Lege Praetumenda Odious and dishonest things are not to be presumed in law.
Officio Magistratus Non Debent Esse Venalia The office of magistrate ought not to be sold.
Officium Nemini Debet Esse Damno Sum An office ought to be injurious to no one.
Omissio Corum Quae Tacite Insunt Ninil Operatur The omission of those things which are silently understood is of no consequence.
Omne Crimen Ebrietas Et Incendit Et Detegit Drunkenness both kindles and uncovers every crime.
Omne Jus Ant Consensus Facit Ant Necessitas Constituit, Aut Farmavit Consuetudo Every right is either made by consent or is constituted by necessity or is established by custom.
Omne Licentiam Habent His, Quae Pro Se Introducta Sunt. Renuncaire Everyone has a right to renounce those things which have been granted for his own benefit.
Omne Quod Solo Inaedificatur Solo Cedit Everything which is built upon the soil belongs to the soil.
Omne Sorores Sunt Quasi Unus Haeres De Una Haereditate All sisters are, as it were, one heir to one inheritance.
Omne Testamentum Morte Consummatum W Every will is completed by death.
Oninia Consensus Tollit Errorem Every assent removes error.
Omnia Delicta in Aperto Leviora Sunt All crimes done openly are lighter.
Ominia Nova Constitutio Futuris Temporibus Formam Imponeri Debet, Non Prateritie Every new enactment should effect future, not past time.
Omnia Praesumuntur Contra Spoliatorem All things are presumed against a wrong-doer.
Ominia Praesumuntur Rite Legitime Solemniter Esse Aeta, Dunce Probetur In Contrarium All thing are presumed to have been done correctly lawfully and with due formality until the contrary is proved.
Omnia Praesumuntur Rite Et Solemniter Esse Acta Donec Probatur In Contrarium All things are presumed to have been rightly and duty performed until it is proved to the contrary.
Omnia Quae Jure Contrahuntur Contrario Jure Pereunt All things which are contracted by law perish by a contrary law.
Omnia Rite Acta Preasumuntur All things presumed to have been rightly done.
Optima Est Legis Interpres Consuetudo Custom is the best interpreter of the law.
Optimus Est Lex Quae Midimum Relinquit Arbitrio Judicis ; Optimus Judex Qui Minimum Sibi That system of law is best which confides as little as possible to the discretion of a Judge ; that Judge is the best who relies as little as possible on his own opinion.
Optimus Interpres Rerum Usus Custom is the best interpreter of things. Optimus Legum Interpres Consuetude.
Optimus Statuti Interpretatrix Est (omnimus part calis ejusdem inspectis) Ipsum Statutum The best interpreter of a statute is (all the separate parts being considered) the statute itself.
P
Pacts Privata Juris Publico Derogare Non Possum Private compacts cannot derogate from public right.
Pans Et Celeris Justitia Flat Partibus Let full and speedy justice be done to the parties .
Paribus Sententiis Reus Absolvitur Where opinions are equal the defendant is acquitted.
Par In Parem Imperimum Non Habet An equal has no power over an equal.
Pater Est Quem Nuptiae Remonstrant He is the father whom the nuptials indicate.
Peccata Contra Naturam Sunt Gravissima Crimes against nature are the most heinous.
Pendente Lite Nihil Innovetur During the pendency of litigation no change in the position can be made.
Persona Conjuncts Aequtiparatur Inter Esse Proprio The interest of a man's kindered is equivalent to his own.
Per Varios Actus Legem Experienta Facit By various acts experience framed the law.
Pin Exempla Quam Peccata Nocent Examples hurt more than crimes.
Plus Peccata Auctor Quam Actor The causer offends more than the performer.
Poena, Ex Delicto Defuncti, Haeres Teneri Non Debet The heir ought not to be bound in a penalty for the crime of the deceased.
Poena Potius Molliendae Quam Exasperandae Punishments should be softened but not aggravated.
Poenae Non Potest, Culpa Perennis Erit Punishment cannot be, crime will be, lasting.
Posteriors Derogant Prioribus Things subsequent supersede things prior caution is better than cure.
Prior Tempore Potier Jure He who is first in time is preferred in law.
Privatio Praesupposit Habitum A deprivation presupposes a possession.
Privatum Commodum Publico Cedit Private good yields to public.
Privilegium Non Valet Contra Rem Publicsm A privilege avails not against public good.
Probatis Extrimis, Praesumuntur Media The extremes being proved, the mean is presumed.
Procuratianem Adversus Nulls Est Praescriptio There is no prescription against procuration.
Prodent Agit Qui Praecepto Legis Obtemperat He acts prudently who obeys the command of laws.
Q
Quae In Curia Regis Acta Sunt Rite Agi Praesumuntur What has been done by he Court is presumed to be rightly done.
Quaelibet Concessio Fortissime Contra Donatorem Interprotanda Est Every craft is to be construed most strongly against the grantor.
Quando Lea Aliquid Alieni Concedit Concedere Non Potest When the law gives someone anything, it gives him also that without which the thing cannot exist.
Qui Approbat Non Reprobat He who accepts cannot reject.
Qui Facit Per Aliem, Facit Per Se He who does a thing through another does it himself.
Qui In Utero Est Projam Nato Habetur, Quoties De Ejus Commodo Queritur He who is in the womb is held as already born, whenever a question arises for his benefit.
Qui Non Improbat Approbat He who does not blame approves.
Qui Parcit Nocentibus, Innocentes Punit He who spares the guilty, punishes the innocent.
Qui Prior Est Tempore Potior Est Jure He who is first ill is better in law.
Qui Sentit Commodum, Sentire Debet Et Onus He who receives the advantage must also suffer the burden.
Qui Tacet, Consentire Videtur He who is silent, is understood to consent.
Quic Quid Plantatur Solo, Solo Cedit Whatever is affixed to the soil, passes with a grant of soil.
Qui Legatur Eo Dissolvitur An obligation must be dissolved by the same mode as it was contracted.
Quod Semel Placuit in Electionibus, Amplius Displicere Non Potest When election is once made, it cannot he revoked.
Quod Turpi Ex Causa Promissum Est, Non Valet A promise founded on an illegal consideration is not binding.
R
Ratihabitio Mandato Aequiparatur Ratification is tantamount to direction.
Ratihabitio, Mandato Compratur Ratification is tentamount to command.
Ratio Est Formalis Causa Consuet Dinis Reason is the formal cause of custom.
Ratio Legis Est Animalegis The reason of law is the soul of law.
Ratio Potest Allegari Deficiente Lege, Sed Ratio Et Legalis Et Non Apparens Reason may be alleged when law is defective ; but it must be true and legal eason, and not merely apparent.
Regularitur Non Valet Pacts De Re Meanon Alienanda It is a rule that a ompact not to alienate my property is not binding.
Rei Atio Est Fictio Juris Et Intenta Ad Unum Relation is a fiction of la an ; is intent to one point.
Remoto Impedimento Emergit Actio An impediment being removed, an action emerges .
Republicae Interest, Voluntates Defunctornm Effectum Sortiri It concerns the State that the wills of the dead should have their effect.
Res Accessoria Sequitur Rem Principalem The accessory follows the principal.
Res Denominatur A Principali Parte The thing is named from its principal part.
Res Est Misera Ubi Jus Est Vag Um Et Incertum It is a miserable state of things when law is vague and uncertain.
Resignatio Est Juris Proprii Spontanae Refutatio Resignation is a spontaneous relinquishment of one's own right.
Res Inter Alios Acta Alteri Nocere Non Debet A transaction between strangers ought not to injure a party.
Res Ipsa Loquitur The thing speaks for itself.
Res Judicata Pro Veritate habetur An adjudicated matter shall be deemed correct.
Resolutio Jure Concendentis Resolvitur Jus Concessum The grant of any right comes to an end on the termination of the right of the grantor.
Respondeat Superior Let the principal be held responsible.
Rex Est Legalis Et Politicos The king is both a legal and political person.
Rex Est Lex Vivens The king is the living law.
Rex Non Potest Peccare The king can do no wrong.
Rex Nunquam Moritur The king never dies.
S
Salus Populi Suprema Lex The safety of the people is the supreme law.
Salus Ubi Multi Consiliarii Where there are more counsellors, there is safety.
Secundum Allegata Et Probata Principle of variance between pleading and proof not to be applied when the other party is net taken by surprise. [Kripa Ram v. Harnam Singh, (1968) 70 Punj T R 8091].
Semper In Dubiis Be Nlgiora Praeferenda In doubtful matters, the more liberal construction is to be preferred.
Semper in Obscuris, Quod Minimum Est Sequimur In obscure constructions we always apply that which is least obscure.
Semper Praesumitur Pro Matrimonio The presumption is always in favour of the validity of the marriage.
Semper Specialia Generalibtts Insunt Generalities include specialities.
Sensus Verborum Est Anima Legis The meaning of the word is the spirit of the law.
Sequi Debet Potentia Justitiam, Non Praecedere Power should follow justice, not precede it.
Sic Uteri Tuo Ut Alienum Non Leadas So you use your own rights that you do not hurt the right of another.
Silent Leges Inter Armae Laws are silent amidst arms.
Socii Mei Socius, Meus Socious Non Est The partner of my partner is not my partner.
Solo Cedit, Quicquid Solo Plantatur What is planted in the soil belongs to the soil.
Sploiatus Debet, Ante Omnia Restitui A person who has been despoiled ought to be restored to his former state before anything else.
Statuta Pro Publico Commodo Late Interpretantur Statutes made for the public good ought to be liberally construed.
Statutum Affirmativum Non Derogat Communi Legi An affirmative statute does not derogate from the common law.
Statutum Speciale Statuto Speciale Non Derogat One special statute does not take from another special statute.
Sublato Causa Tollitur Effectus The cause being removed, the effect ceases.
Sublato Fundamento Cedit Opus The foundation being removed, the superstructure falls.
Sublato Principali Toflitur Adjunctum The principal being taken away, its adjunct is also taken away.
Subsequens Matrimonium Tollit Peccatum Praecedens A subsequent marriage removes a previous criminality.
Summa Ratio (Lex) Est, Quae Pro Religione Facit The highest law is that which supports religion.
Summum Jus, Summum Injuria Summum Lex, Summa Crux Extreme law is extreme injury. Strict law is strict punishment.
Superflua Non Nocent Superfluities hurt not.
T
Terra Maneus Vacua Occupanti Conseditur Land lying unoccupied is given to the first occupant.
Testamenta Cum Duo Inter Se Pugnantia. Reperiuntur Ultimum Ratum Est ; Sic Fist Cum Duo Inter Se Pugnantia Reperiuntur In Codem Testamento When two conflicting wills are found the last prevails ; so it is when two conflicting clauses occur in the same will.
Testamenta Latissimam Interpretation em Habere Debent Will ought to have the broadest interpretation.
Testamentum Omne Morte Consummatur Every will is perfected by death.
Testatoris Ultima Voluntas Est Rerimplenda Secundum Veram Intentionem Suam The last will of a testator is to be thoroughly fulfilled according to his real intention.
Testes Lupanaris Sufficit Ad Factum In Lupanari A lewd person is a sufficient witness to an act committed in a brothel.
Testes Ponderantur, Non Numerantur Witnesses are weighed, not numbered.
Testibus Desponentibus, In Pari Numero Dignioribus Est Credendum Where the number of witnesses is equal on both sides, the more worthy are to be believed.
Testimonia Ponderanda Stint, Non Enumeranda Evidence is to !x, weighed. not enumerated.
Testis De Visu Praeponderat Aliis An eye-witness is preferred to others.
Testis Nemo In Sua Causa Casse Potest No one can be a witness in his own cause.
Testis Oculatus Unus Plus Valet Quam Auriti Decent One eye-witness is worth more than ten ear-witnesses.
Traditio Loqui Facit Chartam Delivery makes a deed speak, i. e., comes into operation.
Transit Terra Cum Onere Land passes subject to any burden affecting it.
Turpisest Pars Quae Non Convenit Cum Suo Toto That part is bad, which accords not with its whole.
Tuta Est Custodia Quae Sibimet Creditur That guardianship is secure which is entrusted to itself alone.
Tutius Erratur Ex Parte Mitiore It k safer to err on tee gentler side.
Tutius Semper Est Errare Acquietando Quam in Puniendo, Exparte Misericor Iliac Quam Ex Parte Justitiae It is always safer to err in acquitting than in punishing on the side of mercy than of strict justice.
U
Ubi Aliquid Conceditur Et, Id Sine Quo Res Ipsa Esse Non Potest When anything is granted that also is granted without which it could not exist.
Ubi Cessat Remedium Ordinariu Mibi Decurritur Ad Extra-Ordinarium Et Nunquam Decurretur Ad Extraordinarium Ubi Valet Ordinarium Where the ordinary remedy fails recourse is made to the extraordinary remedy but recourse is never made to the extraordinary where the ordinary is sufficient.
Ubi Damna Dantur Victus Victori In Expensis Condemnari Debet Where damages are awarded, the unsuccessful party ought to be condemned in costs to the successful party.
Ubi Eadem Ratio Ibi Eadem Lex, De Similibus Idem Est Judicium Where the same reason exists, there the, same law prevails ; and of things similar, the judgment is similar.
Ubi Jus, Ibi Remedium Where there is a right, there is a remedy.
Ubi Lex Est Specialis, Et Ratio Ejus Generalis Generaliter Accipienda Est Where the law is special and the reason of it is general, it ought to be taken as being general.
Ubi Non Est Directa Lex, Standum Est Arbitrio Judicis, Vel Procedendum Ad Similia Where there is no direct law, the opinion of the Judge is to be taken or references to be made to similar cases.
Ubi Non Est Principalis Non Potest Esse Accessorius Where there is no principal, there cannot be an accessory.
Ubi Quid Generaliter Conceditur Inest Hoec Exceptio, Si Non Aliqud Sit Contra Jus Fasque Where a thing is conceded generally this exception arises that there shall be nothing contrary to law and right.
Una Persona Vix Potest Supplere Vices Duarum One person can scarcely supply the places of two.
Universalia Sunt Notoria Singularibus Things universal are better known than things particular.
Unumquodque Est In Quod Est Principalius In Ipso That which is the principal part of a thing is the thing itself.
Unumquodque Principiorum Est Sibiment Ipsi Fides ; Et Prespicum Vera non Sunt Probanda Every principle is its own evidence and plain truths are not to be proved.
Usucapio Constituta Est Ut Aliquis Litium Finis Esset The object of title by possession (usucapia) is to put an end to litigation.
Usues Est Dominium Fiduciarium Use is a fiduciary dominion.
Ut Poena Ad Paucos, Metus Ad Omnes Perveniat So that punishment may fall on few, the fear of it on all.
Ut res Magis Valeat Quam pereat That it may rather become operative than null. To uphold the constitutionality of statutes whenever it can rationally be done.
Utiie Per Inutile Non Vitiatur The useful is not vitiated by the useless.
Uxor Non Est Sui Juris, Sed Sub Potestate Viri, Cui in Vita Contradicere Non Potest A wife has no power of her own but is under the government of her husband, whom in his lifetime she cannot contradict
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Verba Accipienda Sunt Secundum Subjectum Materiem Words are to be understood with reference to the subject-matter.
Veritas Demonstrationis Tollit Errorem Nominis The truth of the demonstration removes the error of the name.
Via Trita Est Tutissima The trodden path is the safest.
Vicarius Non Habet Vicarium A delegate cannot have a delegate.
Vicini Viciniora Praesumuntur Scire Persons living in the neighbourhood are presumed to know the neighbourhood.
Vigilantibus Et Non Dormientibus Jura Subveniunt Laws come to the assistance of vigilant, not of the sleepy.
Vir Et Uxor Consentur In Lege Una Persona Husband and wife are considered one person in law.
Vis Legibus Est Inimica Violence is inimical to the laws.
Vix Ulla Fieri Potest Quae Omnibus Commoda Sit Sed Si Majori Parti Prospiciat Utilis Est Scarcely any law can be made which is beneficial to all ; but it is useful if it benefits the greater majority.
Volenti Non Fit Injuria Where the sufferer is willing there is no injury done.
Voluntas Donatoris In Charta Doni Sui Manifeste Expressa Observetur The will of the donor manifestly expressed in his deed of gift a to be observed.
Voluntas Facit Quod In Testamento Scriptum Valeat It is intention which gives effect to the wording of a will.
Voluntas in Delictis Non Exitus Spectatur In crimes, the will, and not the consequence, is looked to.
Voluntas Reputatur Pro Facto The intention is to be taken for the deed.
Voluntas Testatoris Est Ambulatoria Usque Ad Ex'remum Vatae Exitum The will of a testator is ambulatory (revocable) until the moment of life.
Vox Emissa Volet, Litera Scripta Manet The spoken word flies away ; the written one remains.