A legal maxim is an established legal idea, proposition, or doctrine, usually expressed in Latin. Most of these Latin maxims date back to the Middle Ages in European states that used Latin as their official language. Just as in geometry, we have axioms; In law, we have legal maxims and idioms. Maxims are used in legal documents and are also required in legal exams such as CLAT, Justiz and semester exams. Questions of legal maxims are classified as legal knowledge. You can expect 3-4 questions on this topic in the CLAT entrance exam. This article contains the list of critical legal maxims for CLAT 2023 and the importance of legal maxims in law. To improve your exam preparation, try practicing these questions regularly. Here is the list of the 50 best legal maxims and phrases important for the CLAT exam. Follow expert advice to achieve a high score in CLAT Legal Fitness. Legal terms and maxims for clat are as follows: Legal maxims are established legal principles that are generally accepted, and people in the legal field are well aware of these words.
These are mainly Latin words or a combination of a few words. A list of important legal maxims and foreign words to help you accurately grasp aspects of legal adequacy. Legal maxims are one of the important topics of legal fitness. As a rule, two types of questions are asked under the legal adequacy to the CLAT exam 2023: In other words, a reasonable amount of money to be paid for services rendered or work performed if the amount due is not specified (specified, written) in a legally binding contract. Or leave the main answer. In other words, it means holding the employer or client legally liable for the illegal acts of an employee or representative in connection with an employment or agency. Read with IPC sections 154 and 155. Below are some of the most important legal maxims for the upcoming entrance exam. Daily practice of these maxims will help you improve your CLAT exam preparation and achieve good results in the area of legal skills.
I am glad that these legal maxims and their meaning have helped you. In the aptitude department of CLAT, about 35 to 29 questions are asked. To help you master this section, this article includes some important legal maxims that are often requested in the common law admission test. In the CLAT entrance examination, legal maxims are an integral part of the field of legal aptitude. 98. Pacta Sunt Servanda – Agreements must be respected. Or the agreements are legally binding. Here is the list of top 50 legal maxims and phrases for the CLAT 2023 exam. 68. Jus necessitatis – This is the right of a person to do what is required, for which no threat of legal sanction is a deterrent. According to Wikipedia, this is a law that retroactively changes the legal consequences (or status) of acts that were committed, or relationships that existed before the law was enacted.
In criminal law, it can criminalize acts that were lawful at the time they were committed; it can aggravate a crime by classifying it in a more serious category than it was when it was committed; it may amend the penalty for an offence by adding new penalties or extending sentences; Or it can change the rules of evidence to make a conviction for a crime more likely than it would have been when the crime was committed. Simply put, this is a fundamental legal maxim in agency law. This is a maxim that is often mentioned in the discussion of the employer`s liability for the employee`s actions in the sense of enforcement agents (indirectly, second-hand). 116. Ratio decidendi – principle or reason for a court decision. Or the rule of law, on which a judicial decision is based. 114. Quo warranto – By what authority. A document in which someone is asked to explain under what authority they hold or claim public office. 26. Crimen betray personam – Crime carries the person.
Read with Article 2 of the ICC. In other words, it means that wherever a person goes, and if he commits a crime there, he is covered by the provisions of the Indian Penal Code, i.e. interterritorial jurisdiction. Amicus Curiae – A friend of the court or a member of the Bar Association appointed to assist the court. 87. Nemo debet bis vexari pro una et eadem causa – This means that no one can be punished twice for the same offence. 93. Nullum crimen sine lege, nulla poena sine lege – There can be no crime or punishment except in accordance with a fixed and predetermined law. In other words, there can be no punishment without law. HERE YOU CAN REGISTER FOR OUR CORRESPONDENCE COURSES. 111.
Qui peccat ebrius luat sobrius – Those who do evil while intoxicated must be punished soberly. Read section 86 of the IPC. 128. Ubi jus ibi remedium – Where there is a right, there is a remedy. 31. De minimis Non Curat Lex – The law does not regulate trivialities (unimportant things). Or the law doesn`t deal with small or insignificant things. Read section 95 of the IPC.
Or a common law principle that judges do not rule on extremely minor violations (misdemeanors, misdemeanours) of the law. Palimonie – money that the court orders a man to pay regularly to a woman with whom he has lived and from whom he is separated. 52. Ignorantia facit doth excusat, Ignorance juris non-excusat – ignorance of the facts is an excuse, but ignorance of the law is not an excuse. Read with IPC Articles 76 and 79. CLAT 2023: Exam dates, application, admission criteria 2. Punishable in itself – The act itself is punishable and no proof of harm is required. Q.
What does the “sine qua non” rule mean in relation to causality? 8. Actus Reus Non Facit Reum Nisi Mens Sit Rea – Condemnation of a crime requires proof of criminal activity and intent. Or an act does not make an accused guilty without being guilty. Or an act does not constitute guilt unless it is committed with culpable intent. It also refers to the principle that “an offence must be proved before a person can be convicted of committing that offence”. (This definition is mainly used in Western law.) You may want to check out CLAT Legal Aptitude Preparation Tips 2023 109. Quantum meruit – What you deserve. Or the amount he earns. 95. Non Sequitur – A statement (e.g. an answer) that does not follow logically from something that has already been said or is not clearly related to something that has already been said. 89.
Nemo moriturus praesumitur mentire – A man will not meet his Creator (God) with a lie in his mouth. Or, in other words, “It is believed that no man lies at the moment of death.” This maxim refers to the declaration of death. 125. Sine qua non – “Without anything.” An essential condition. Something that is absolutely necessary. Basically, a component of an argument that, when debunked, causes the entire argument to collapse. 42. Ex post facto – Contiguous. Or retrospectively.
18. Reservation – A warning registered in the public court to tell officials not to act on the matter mentioned in the reservation without first informing the Caveator. 96. Obiter dictum – the things that are said, by the way. It is generally used in law to refer to an unnecessary opinion or remark made by a judge. This is not a precedent. 86. Nemo bis punitur pro eodem delicto – No one can be punished twice for the same crime. 94.
Nunc pro tunc – Now for then. A nunc pro tunc rule applies retroactively to the correction of a previous decision. Q. What is meant by the doctrine of superior impossibility? 83. Modus operandi – mode of operation. Or mode of operation. What are the best books for CLAT Legal Aptitude? 14. Audi alteram partem – No one can be convicted without being heard. 50.
Furiosis nulla voluntas est – A madman has no will. 129. Veto – prohibition or order not to let something become law, even if it has been passed by a parliament. 48. Furious absentis loco est – A fool is like someone who is absent. Read IPC Article 84. 23. Communis hostis omnium – These are the common enemies of all. The common enemy of all. See IPC, Section 4, paragraph 2.
78. Malum in se or Mala in se (plural) – Evil or evil in itself. Or mala in se is “a term that means crime that is considered bad in itself.” For example, most people believe that murder, rape and robbery are wrong, that a law regulates such behavior or where the behavior takes place and is therefore recognizable malum in se. Volenti non fit injuria – The prejudice suffered by consent does not give rise to a claim. 59. Allusions – Defamatory words because they have a double meaning. 82. Misuse of language – A false or inaccurate name or term. 13. Assentio mentium – The meeting of spirits, that is, mutual consent. Habeas Corpus – A warrant to bring a person`s body before the judge. 41.
Ex parte – proceedings in the absence of the other party. 27. Damnum sine injuria – damage without injury. 36. Detinue – The offence of unlawful possession of someone else`s property. 34. Doli capax – May constitute the necessary intent to commit a crime. Read with IPC section 83. Q. The doctrine of “stare decisis” underpins the common law system.
What is “stare decisis”?. 117. Answer Yourself Superior – Let the Master answer. For example, there are circumstances in which an employer is responsible for actions taken by employees in the course of their employment.