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. In other sense, if he dies the right to sue is gone.
Actori incumbit onus probandi
The burden of proof is on the plaintiff.
Amicus Curiae
A friend of court or member of the Bar who is appointed to assist the Court.
Argumentum Ad Ignorantiam (Argument From Ignorance)
Concluding that something is true since you can't prove it is false
Audi alteram partem
No man shall be condemned unheard.
Bona vacantia
Goods without an owner.
A caution registered with the public court to indicate to the officials that they are not to act in the matter mentioned in the caveat without first giving notice to the caveator.
A writ by which orders passed by an inferior court is quashed.
Consensus, non concubitus, facit matrimonium
The acquiescence of a party who might take advantage of an error obviates its effect
Cuilibet in sua, arte perito est credendum
Credence should be given to one skilled in his peculiar profession.
Damnum sine injuria
Damage without injury.
Statement of law made by judge in the course of the decision but not necessary to the decision itself.
Dies Dominicus non est juridicus
Sunday is not a day for judicial or legal proceedings.
Doli incapax
Incapable of crime.
Tort of wrongfully holding goods which belong to someone else.
Ex parte
Proceedings in the absence of the other party.
Functus officio
No longer having power or jurisdiction.
Furiosi nulla voluntas est
Mentally impaired or mentally incapable persons cannot validly sign a will, contract or form the frame of mind necessary to commit a crime. or a person with mental illness has no free will.
Furiosi nulla voluntas est
Mentally impaired or mentally incapable persons cannot validly sign a will, contract or form the frame of mind necessary to commit a crime. or a person with mental illness has no free will.
Habeas corpus
A writ to have the body of a person to be brought in before the judge.
Haeres legitimus est quem nuptiae demonstrant
The common law takes him only to be a son whom the marriage proves to be so.
Ignorantia juris non excusat
Ignorance of the law excuses not or Ignorance of the law excuses no one. In other words, a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content.
Injuria sine damno
Injury without damage.
Ipso facto
By the mere fact.
In promptu
In readiness.
In personam
A proceeding in which relief is sought against a specific person.
Interest Reipublicae Ut Sit Finis Litium
It means it is in the interest of the state that there should be an end to litigation.
Jus in rem
Right against the world at large
Justitia nemini neganda est
Justice is to be denied to nobody
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 and be heard by the court.
Malum in se or Mala in se (plural)
Wrong or evil in itself. Or, Mala in se is ‘A term that signifies crime that is considered wrong in and of itself.
‘We command’. A writ of command issued by a Higher Court to Government/Public Authority, to compel the performance of a public duty.
A wrong or inaccurate name or term.
Mutatis Mutandis
with the necessary changes having been made or with the respective differences having been considered.
Necessitas inducit privilegium quod jura privata
With respect to private rights, necessity privileges a person acting under its influence.
Nemo bis punitur pro eodem delicto
Nobody can be twice punished for the same offence.
Nemo tenetur seipsum accusare
No man can he compelled to criminate himself.
Nemo moriturus praesumitur mentire
A man will not meet his maker (God) with a lie in his mouth or in other words ‘No man at the point of death is presumed to lie.’ (This maxim is related to DYING DECLARATION)
Nemo Potest esse tenens et dominus
Nobody can be both a landlord and a tenant of the same property.
Omnia praesumuntur contra spoliatorem
Every presumption is made against a wrong-doer.
Omnia praesumuntur rite et solemniter esse acta
All acts are presumed to have been rightly and regularly done.
Salus populi suprema Lex
That regard he had to the public welfare, is the highest law.
Qui haeret in litera secret in cortice
He who considers merely the letter of an instrument goes hut skin-deep into its meaning.
Res inter alios acta alteri nocere non debet
A transaction between two parties ought not to operate to the disadvantage of a third.
Summa ratio est quae pro religione facit
That rule of conduct is to be deemed binding which religion dictates.
Ubi jus ibi remedium
There is no wrong without a remedy.
Vigilantibus et non dormientibus jura subveniunt
The laws assist those who are vigilant, not those who sleep over their rights.