Legal Maxims and Vocabulary Builder
| Term | Meaning |
|---|---|
| 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. Read under section 101 of the Indian Evidence Act. |
| Actus me invito factus non est mens actus | An act done by me against my will is not my act. Read with section 94 of IPC. |
| Actus non facit reum nisi mens sit rea | An act does not make one guilty unless it is accompanied by a guilty mind. |
| Actus reus | Guilty act. |
| 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 court or member of the Bar who is appointed to assist the court. |
| Ante Litem Motam | Before suit brought; before controversy instituted. |
| Assentio mentium | The meeting of minds, i. e. mutual assents. |
| Audi alteram partem | No man 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 to indicate to the officials that they are not to act without notice. |
| 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 is quashed. |
| Communis hostis omnium | The common enemy of everyone. Read with section 4(2) of IPC. |
| Corpus | Body. |
| Corpus delicti | Facts and circumstances constituting a crime; concrete evidence of a crime. |
| Crimen trahit personam | The crime carries the person. Read with section 2 of IPC. |
| Damnum sine injuria | Damages without injuries. |
| De facto | In fact. |
| De jure | By law. |
| De minimis | About minimal things. |
| De Minimis Non Curat Lex | The law does not govern trifles. |
| De novo | To make something anew. |
| Dictum | Statement of law made by the judge not necessary to the decision itself. |
| Doli capax | Capable of forming necessary intent to commit a crime. Read with section 83 of IPC. |
| Doli incapax | Incapable of forming the intent to commit a crime. Read with section 82 of IPC. |
| Detinue | Tort of wrongfully holding goods that belong to someone else. |
| Donatio mortis causa | Gift given in expectation of the donor’s imminent death and only delivered upon the donor’s 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. Retroactively changing legal consequences. |
| Falsus in uno falsus in omnibus | False in one thing, false in everything. Read under section 16 of the Indian Evidence Act. |
| Fatum | Beyond human foresight. |
| Factum probandum | The facts that need to be proved. Read under section 3 of the Indian Evidence Act. |
| Factum probans | Relevant fact; a fact offered in evidence as proof of another fact. Read under section 3 of the Indian Evidence Act. |
| 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 or contract. |
| Furious absentis loco est | A madman is like one who is absent. Read with section 84 of IPC. |
| Furiosis furore suo punier | A madman is best punished by his own madness. |
| Furiosis nulla voluntas est | A madman has no will. |
| Habeas corpus | A writ to have the body of a person brought before the judge. |
| Ignorantia facit doth excusat, Ignorantia juris non excusat | Ignorance of fact is an excuse, but ignorance of the law is no excuse. Read with sections 76 and 79 of IPC. |
| Ignorantia juris non excusat | Ignorance of law is not an excuse. |
| Injuria sine damnum | Injury without damage. |
| Ipso facto | By the mere fact. |
| In promptu | In readiness. |
| In lieu of | Instead of. |
| In personam | A proceeding in which relief is sought against a specific person. |
| Innuendo | Spoken words that are defamatory because they have a double meaning. |
| In status quo | In the present state. |
| Inter alia | Among other things. |
| Inter vivos | Between living people (especially of a gift as opposed to a legacy). |
| Interest Reipublicae Ut Sit Finis Litium | It is in the interest of the state that there should be an end to litigation. |
| Jus cogens or ius cogens | Compelling law. |
| Jus in personam | Right against a specific person. Read under section 43 of the Indian Evidence Act. |
| Jus in rem | Right against the world at large. Read under section 43 of the Indian Evidence Act. |
| Jus naturale | Natural law. |
| Jus Necessitatis | Right to do what is required. Comes under section 81 of IPC. |
| Jus non scriptum | Customary law. |
| Jus scriptum | Written law. |
| Jus | Law or right. |
| Justitia nemini neganda est | Justice is to be denied to nobody. |
| Jus soli | Right of soil. |
| Jus sanguinis | Right of blood or descent. |
| Lex Fori | The law of the country where court proceedings are taken. |
| Lex non a rege est violanda | The law must not be violated even by the king. |
| Locus standi | Right of a party to an action to appear and be heard by the court. |
| Mala fide | In bad faith. |
| Malum in se | Wrong or evil in itself. |
| Malum prohibitum | Crimes are criminal because they are prohibited by law. |
| Mandamus | ‘We command’. A writ of command issued to compel the performance of public duty. |
| Mens rea | Guilty mind. |
| Misnomer | A wrong or inaccurate name or term. |
| Modus operandi | Way of working or mode of operation. |
| Modus Vivendi | Way of living. |
| Mutatis Mutandis | With the necessary changes having been made. |
| Nemo bis punitur pro eodem delicto | Nobody can be twice punished for the same offence. |
| Nemo debet bis vexari pro una et eadem causa | No man shall be punished twice for the same offence. |
| Nemo debet esse judex in propria causa | Nobody can be the judge in his own case. |
| Nemo moriturus praesumitur mentire | No man at the point of death is presumed to lie. |
| Nemo Potest esse tenens et dominus | Nobody can be both a landlord and a tenant of the same property. |
| Nolle prosequi | A formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit. |
| Novation | Transaction in which a new contract replaces an existing one. |
| Nullum crimen sine lege, nulla poena sine lege | There must be no crime or punishment except in accordance with fixed law. |
| Nunc pro tunc | Now for then. A ruling that applies retroactively to correct an earlier ruling. |
| Non Sequitur | A statement that does not logically follow from or is not clearly related to anything previously said. |
| Obiter dictum | Things said by the way; non-essential remarks by a judge. |
| Onus probandi | Burden of proof. Read under section 102 of the Indian Evidence Act. |
| Pacta Sunt Servanda | Agreements must be kept. |
| Pari passu | With an equal step. |
| Particeps criminis | A participator in the actual crime/partner in crime. |
| Per curiam (decision or opinion) | By the court. |
| Per se | By itself. |
| Persona non grata | A person who is unacceptable or unwelcome. |
| Potior est conditio possidentis | Better is the condition of the possessor. Read under section 110 of the Indian Evidence Act. |
| Prima facie | At first sight. |
| Alimony | A spouse’s provision after separation or divorce; maintenance. |
| Palimony | Money paid to a partner after separation. |
| Per curiam | By a court. |
| Per incuriam | Because of lack of care. |
| Quantum meruit | What one has earned or deserves. |
| Qui facit per alium, facit per se | He who acts through another acts himself. |
| Qui peccat ebrius luat sobrius | He who does wrong when drunk must be punished when sober. Read with section 86 of IPC. |
| Quid pro quo | Something for something. |
| Qui sentit commodum, sentire debet et onus | He who receives advantage must also bear the burden. |
| Quo warranto | By what authority. A writ calling upon one to show under what authority he holds or claims a public office. |
| Quod necessitas non habet legem | Necessity knows no law. Read with section 81 of IPC. |
| Ratio decidendi | Principle or reason underlying a court judgment. |
| Respondeat superior | Let the master answer; holding the employer or principal responsible for wrongful acts of an employee or agent. |
| Res ipsa loquitor | The thing speaks for itself. Read under section 106 of the Indian Evidence Act. |
| Res Judicata | A matter already judged. Read under section 40 of the Indian Evidence Act. |
| Res Judicata Pro Veritate Accipitur | A judicial decision must be accepted as correct. |
| Rex non protest peccare | The king can do no wrong. |
| Salus populi est suprema lex | The welfare of the people is the supreme law. Read under section 123 of Evidence Act. |
| Status quo | State of things as they are now. |
| Sine die | With no day (indefinitely). |
| Sine qua non | Without which nothing; an essential condition. |
| Suo Motu | On its own motion. |
| Uberrima fides | Utmost good faith. |
| Ubi jus ibi remedium | Where there is a right, there is a remedy. |
| Veto | Ban or order not to allow something to become law. |
| Vice versa | Reverse position. |
| Vis major | Act of God. |
| Volenti non fit injuria | Harm caused with consent cannot be considered an injury. Read with section 87 of IPC. |
| Vox populi | Voice of the people. |
| Waiver | Voluntarily giving up or removing the conditions. |
📚 How to Study Legal Maxims for CLAT
🎯 Study Strategy
Phase 1; Foundation Building (Week 1-2)
- Daily Target; Learn 10-15 maxims per day
- Focus Areas; Most frequently asked maxims in CLAT
- Method; Flashcards and repetition
- Time Allocation: 30 minutes daily
Phase 2; Contextual Understanding (Week 3-4)
- Daily Target: 8-10 maxims with legal context
- Focus Areas; Maxims related to Indian legal system
- Method; Case studies and examples
- Time Allocation: 45 minutes daily
Phase 3; Advanced Practice (Week 5-6)
- Daily Target; Mixed practice of all maxims
- Focus Areas; Application-based questions
- **Method; Mock tests and previous year questions
- Time Allocation: 60 minutes daily
📋 Most Important Maxims for CLAT
Must-Know Maxims (20 Most Important)
- Actus non facit reum nisi mens sit rea - Criminal law fundamental
- Audi alteram partem - Natural justice principle
- Ignorantia juris non excusat - Legal principle
- Nemo debet esse judex in propria causa - Bias principle
- Res judicata - Civil procedure
- Habeas corpus - Constitutional law
- Mandamus - Administrative law
- Certiorari - Judicial review
- Locus standi - Legal standing
- Stare decisis - Precedent system
- Ubi jus ibi remedium - Legal remedy
- Pacta sunt servanda - Contract law
- Bona fide - Good faith
- Mala fide - Bad faith
- Prima facie - Evidence law
- Ratio decidendi - Judicial reasoning
- Obiter dictum - Judicial observation
- Injuria sine damnum - Tort law
- Damnum sine injuria - Tort law
- Volenti non fit injuria - Consent defense
High-Frequency Maxims in CLAT Papers
- Appeared 3 + times: 12 maxims
- Appeared 2 + times: 25 maxims
- Appeared 1 + times: 48 maxims
🎮 Learning Techniques
Memory Tricks
- Word Association; Connect maxim with familiar terms
- Visual Learning; Create mental images
- Story Method; Create stories around maxims
- Grouping; Study similar maxims together
- Mnemonics; Create memory aids
Practice Methods
- Daily Revision: 15 minutes of quick review
- Weekly Tests; Practice 50 maxims per week
- Mock Analysis; Track frequently asked maxims
- Peer Learning; Study with friends
- Mobile Apps; Use legal learning apps
📊 Performance Tracking
Monthly Targets
- **Month 1 **: 75 basic maxims (80% accuracy)
- **Month 2 **: 75 intermediate maxims (70% accuracy)
- **Month 3 **: 75 advanced maxims (60% accuracy)
Accuracy Goals
- Easy Maxims: 90%+ accuracy
- Medium Maxims: 75%+ accuracy
- Hard Maxims: 60%+ accuracy
🏆 Success Tips
During Exam
- Quick Recognition; Identify maxim instantly
- Elimination Method; Rule out wrong options
- Context Clues; Use question context
- Time Management: 30 seconds per question
- No Guessing; Only answer when confident
Daily Practice Routine
- Morning: 15 new maxims with meanings
- Afternoon: 10 maxims with examples
- Evening: 20 maxims quick revision
- Night: 5 most difficult maxims
📈 Pro Tip; Focus on understanding the legal context rather than just memorizing. Questions in CLAT test application, not just knowledge of maxims.
BETA
