What is a Legal Maxim?
- A legal maxim is a firmly established legal concept, proposal, or doctrine, typically articulated in Latin. Many of these Latin maxims have their roots in the Medieval era of European states that utilized Latin as their official language.
- These principles play a crucial role in assisting courts worldwide in the equitable and just application of existing laws, facilitating the resolution of disputes before them. While these principles lack inherent legal authority, their utilization by courts in legal decisions or adoption by legislatures in enacting laws transforms them into legal norms, forming the basis for sound judgments.
Why is it Important to Learn Legal Maxims for CLAT?
Legal Maxims are a significant topic in the Legal Aptitude section. Under legal aptitude in CLAT, two types of questions are commonly asked: Legal Reasoning and Legal Knowledge. Legal maxims questions fall under the category of Legal Knowledge in the CLAT exam, where candidates can expect 3-4 questions on this topic.
List of Key Legal Maxims for CLAT 2025
Here is a compilation of the top 50 essential legal maxims and phrases for the CLAT examination in 2025.
- Ab Initio – From the beginning.
- Actionable per se – The very act is punishable, and no proof of damage is required.
- Actio personalis moritur cum persona – A personal right of action dies with the person.
- Actori incumbit onus probandi – The burden of proof is on the plaintiff.
- Actus Reus Non Facit Reum Nisi Mens Sit Rea – Conviction of a crime requires proof of a criminal act and intent.
- Ad hoc – For the particular end or case at hand.
- Alibi – At another place, elsewhere.
- Amicus Curiae – A friend of the court or a member of the Bar appointed to assist the Court.
- Ante Litem Motam – Before a suit is brought; before controversy is instituted.
- Assentio mentium – The meeting of minds, mutual assents.
- Audi alteram partem – No person shall be condemned unheard.
- Bona fide – In good faith.
- Bona vacantia – Goods without an owner.
- Boni judicis est ampliare jurisdictionem – It is the part of a good judge to enlarge his jurisdiction.
- Caveat – A caution registered with the public court.
- Caveat actor – Let the doer beware.
- Caveat emptor – Let the buyer beware.
- Caveat venditor – Let the seller beware.
- Certiorari – A writ by which orders passed by an inferior court are quashed.
- Corpus – Body.
- Corpus delicti – The facts and circumstances constituting a crime and concrete evidence of a crime, such as a corpse.
- Damnum sine injuria – Damage without injury.
- De facto – In fact.
- De jure – By law.
- De minimis – About minimal things.
- De Minimis Non Curat Lex – The law does not govern trifles or ignore insignificant details.
- De novo – To make something anew.
- Dictum – A statement of law made by a judge but not necessary to the decision itself.
- Doli incapax – Incapable of crime.
- Detinue – Tort of wrongfully holding goods that belong to someone else.
- Donatio mortis causa – Gift because of death.
- Estoppel – Prevented from denying.
- Ex gratia – As a favor.
- Ex officio – Because of an office held.
- Ex parte – Proceedings in the absence of the other party.
- Ex post facto – After the fact.
- Fatum – Beyond human foresight.
- Factum probans – Relevant fact.
- Fraus est celare fraudem – It is a fraud to conceal a fraud.
- Functus officio – No longer having power or jurisdiction.
- Furiosi nulla voluntas est – Mentally impaired persons cannot validly sign a will, contract, or form the frame of mind necessary to commit a crime.
- Habeas corpus – A writ to have the body of a person brought before the judge.
- Ignorantia juris non-excusat – Ignorance of the law excuses no one.
- Injuria sine damno – Injury without damage.
- Ipso facto – By the mere fact.
- In promptu – In readiness.
- In lieu of – Instead of.
- In personam – A proceeding seeking relief against a specific person.
- Innuendo – Spoken words that are defamatory due to a double meaning.
- In status quo – In the present state.
