LEGAL MAXIMS WITH REFLECTIONS ON CASE LAW LEGAL MAXIMS A coelo usque ad centrumA contrario sensu A fortiort A morte testatoris A non domino A pari A mensa et thoro A verbis legis non est recondendum Ab ante Ab antiquo Ab intestato Ab solute sentential expositor non indigent Abundans cautela non nocet Acceptilatio Accsorium non ducit sed sequitur suum principale Accessorium principal sequitor Acquisita et acquirenda Acta exteriora indicant interiorg secreta Acta in uno judicio non probant in alio nisi inter easdem personas Actio Actio contra defunctum coepta, contnuatur in haeredes Actio personalis moritur cum persona Actioner penales Actions stricti juris Actor Actum et tractatum Actus animi Actus curiae neminem gravabit Actus dei nemini facit injuriam Actus legis nemini est daronosus Actus legis nemini facit injuriam Actus legitimus Actus me invite factus, non est meus actus Actus non facit reum, nisi mens sit rea Actus pronimus Ad consimiles casus Ad ea quae frequentium accident jura adaptantur – Ad infinitum Ad litem Ad proximum antecedens fiat relatio, nisi impediature sententia Ad quaestionem facti nonrespondent judices: Ad quaestionem legis non respondent juratores Ad rimandam veritatem Ad valorem Ad vindictam publicam Ad vitam out culpam Affirmanti incumbit probatio Alibi Alieni juris Alientio rei praefertur juri accresecendi Aliqualis probatio Aliunde Allegans contraria non est audiendus Ambigua responsio contra proferentem est accipienda Ambiguitas laten et ambiguitas patens Ambiguitas verborum latens verificatione suppletur Amicus curiae Animo defamandi Animo et facto Animo obligandi Animo ulciscendi Animus Ante omnia Approbans non reprobat Apud acta Argumentum ab inconvenient plurimum valet Armain inlege armator sumere jura simunt Arrestum juisdictionis fundandae causa Assignatus utitur jure acuctoris Auctore praetore Auctoritate judicis Audi alteram partem B astardus non potest habere haeredem nisi de corpore suo legitime procreatum Benedicta est exposition quanda res redimitur a destructione Benignae faciendae sunt interpretation propter simpliciatatem laicorum ut res magis valeat quam Benignior sententia in verbis generalibus seu dubiis est preferenda Bona fide possessor facit fructus consumptor suos Bona fides non patitur ut bis idem exigatur Bona gratia Bona vacantia Boni judicis est ampliare jurisdictionem Brevi manu Capan doli Casus insolitus Casus omissus et oblivioni datus dispositioni Communis juris relinquitor Causa causans Causa cause causantis Causa proxima et non remota spectatur Causa scientiae Caveat emptor Certum est quod certum reddi potest Cessante ratione legis cessat ipsa lex Chirowgraphum Citra causae congnitionem Civils ratio civilia jura corrumpere potest naturalia non vero utique Civiliter mortuns Civitas Civitatis amissio Clausulae inconsuetae semper inducunt suspicionem Cogitationis poenam nemo patitur Collegiums Commodum ex injuria sua nemo habere debet Communis error facit jus Conatus Confirmatio est nulla ubi donum praecedens est invalidum Conscientia illaesa Consensus facit jus Consensus, non concubitus facit matrimonium Consensus tollit errorem Consortium vitae Constructio legis non facit injuriam Consuetudo debet esse certa, nam incerta pro nullis habetur Consuetudo est optima legume interpres Contra bonos mores Contractus bone fidei, et strictijuris Convention privatorum non potest publico juri derogare Coram non judice Crassa negligentia Crimen magestatis Crimina morte extinguuntur Cuicunque aliquis quid concedit concedere videture et id sine quo res ipsa esse non potuit Cuilibet in sua arte perito est credendum Cujus est commodum ejus debet esse periculum Cujus est dare ejus est disponere Cujus est dominium ejus est periculum Cujus est solum ejus est usque ad coelum Culpa Culpa caret qui scit sed prohibere non potest Culpa lata do aequiparatur Cum aliquis renunciaverit societati, solvitur societas Cum duo inter se pugnantia reperiuntur in testamento ultimum ratum est Cum effectu Cum satis furore ispo puniatur Cum virginitas vel castitas corrupta restitui non possit Curator bonis Curiosus debet esse creditor quo vertatur Cursus curiae est lex curiae Damnum Damnum absque injuria Damnum fatale Damnum Injuria datum Damnum sine injuria De cause in causam De facto De fide et officio judicis non recipitur quaestio, sed de scientia sive sit error juris sive facti De integro De jure communi De minimis non curat lex De non apparentibus et non existentibus eadem est ratio De plana De praxi Debita fund Debitor non praesumitur donare Debitorum pactionibus creditorum petition nec tolli nec minui potest Debitum et contractus nullis sunt loci Delectus personae Dalegata potestas non potest delegari Derivative potestas non potest esse major primitive Dies Dominicus non est juridicus Sunday is a day for judicial or legal proceedings Dies inceptus pro complete habetur Dies non Diligentia media Dolo cirumventus Dolus Dolus circuita non purgatur Dolus praesumitur contra versantem in illicit o Domus sua cuique est tutissimum refugium Donatio mortis causa Donatio non praesumitur Donation velata Dubli juris Duo non possunt esse domini esjusdem rei in Duo non possunt in solido unam rem possidere Ejus est nole qui potest velle Ejus est periculum cujus est dominium -aut commodum Ejus nulla culpa est cui parere necesse sit Ejusdem generis Emptio vendito Enumeratio unius est exclusion alterius Eo instanti Eo ipeso Eodem modo quo quid constitutor, eodem modo disolvitur Ex aequitate Ex animo Ex antecedentibus et consequentibus fit optima interpretatio Ex auditu Ex bono et aequo Ex capite doli Ex capite lecti Ex capite metus Ex continenti Ex contractu Ex diuturnitate temporis omnia praesumuntur rite et solenniter esse acta Ex dolo malo non oritur actio Ex facie Ex instrumentis de novo repertis Ex justa cause Ex maleficio non oritur contractus Ex multitudine signorum colligitur identitas vera Ex nudo pacto non oritur action Ex parte Ex proposito Ex qua persona quis lucrum capit – ejus factum prestare debet Ex turpi causa non oritur actio Exceptio falsi est omnim ultima Executio juris non habet injuriam Expressio eorun quae tacite insunt nihil operatur Expressio falsi Expressio unius est ex clusio alterius Expressum facit cessare tacitum Extremis probatis praesumuntur media Factio testamenti Factum infectum fieri nequit Falsa demonstratio non nocet Falsa grammatica non vitiat chartam Falsum in uno falsum in omnibus Fatetur facinus qui judicium fugit Fiat ut petitur Fictio juris Flagranti crimine Fortior et potentior est disposito legis quam hominis Forum non competens Fraus auctoris non nocet successori Fraus est celare fraudem Frustra legis auxilium quaerit qui in legem committit Functus officio Fundo annexa Furiosi nulla voluntas est Furiosus absentis loco est Generalia specialibus non derogant Generalia verba sunt generaliter intelligenda Generalis clausula non porrigitur ad ca quae antea sunt comprehnsa Habeas corpus Habili modo Haeredtas Haereditas jacens Haereditas nunqum ascendit Homicidium, in rirca Id quod nostrum est, sine facto nostro, ad alium transferri non potest Id tantum possmus quod de jure possumus Idem agens et patiens non potest Idem est non esse ct non apparere Ignorantia eorum quae quis scire tenetur non excusat Ignorantia facti Ignorantia facti excusat – Ignorantia jurus non excusat Ignorantia juris – Ignorantia juris neminem excusat Impotentia excusat legem In acquali jure melior est conditio possidentis In ambigua voce legis ea potius accipienda est significatio quae vitio caret, preaesertim cum estiam voluntas legis ex hoc colligi possit In articulo mortis In claris non est locus conjectures In consimili casu consimile debet esse remedium In contractis tacite insunt quae sunt moris et consuetudinis In conventionibus contrahentium voluntas potius quam verba spectari placiut In criminalibus humanior interpretatio accipienda est In dubio pars mitior est sequenda In dubio pro innocentia respondendum est In fictione juris semper aequitas existit In jure non remota causa sed proxima spectator In litem In mala fide In modum poenae In modum probationis In omnibus poenalibus judiciis et actabi et imprudentiae – “succurritur” In praesentia majoris cessat potential minoris In publicam vindictam In rigore juris In stipulationibus cum quaeritur quod actum sit verba contra stipulatorem interpretanda sunt In suo In testamentis pleanius voluntatis testantium interpretantur In viridi observantia Infeudatio Inimicitia capitalis Injuria non excusat injuriam Injuria non praesumitur Inspectio corporis Interim dominus Interpretatio chartarum benigne facienda est ut rest magis valeat quam pereat Intuit mortis Inverso ordine Invito beneficium non datur Ipso jure Ipsum corpus Is qui dolo malo desiit possidere, pro possessore habetur Judex non reddit plus quam quod petens ipse requirit Judicia posteriora sunt in lege fortiora Judicis est jus dicere non jus dare Judicium a non suo judice mullis est moment Judicium simper pro veritate accipitur Jura fixa Jura eodem modo destituntur quo constituntur Jura sanguinis nullo jure civili dirimi possunt Juramento Jure devolutionis Juris divini Juris execution non habet injuriam Jus constitui oportet in his quae ut plurimum accidunt non quae ex inopinato Jus coronae Jus delatum Jus domino proximum Jus ex injuria non oritur Jus gentium Jus in re Jus incorporate Jus individuum Jus quaesitum Justo tempore Lata culpa acquiparatur dolo Lata sensu Legatum nominis Leges posteriors priores contrarias abrogant Legitima potestas Lex neminem cogit ad vana seu inutilia peragenda Lex neminem cogit ostendere quod nesciore praesumitur Lex non cogit ad impossibilia Lex non requirit verificari quod apparet curiae – Lex patriae Lex posterior derogate priori Lex rejicit superflua, pugnantia, incongrua Lex semper dabit remedium Lex semper intendit quod convenit rationi Lex spectal naturae ordinem Liberis nascituris Licet disposition de interesse futuro sit inutilis tamen fieri potest declaratio praecedens quae sortiatur effectum interveniente novo actu Lis alibi pendens Lis pendens Locus contractus Malum in se Malus animus Manifesta probatione non indigent Medio tempore Meliorem conditionem suam facere minor potest deteriorem nequaquam – Mens rea Metus casua Minor non tnetur placitare super heredilate paterna Minor tenetur in quantum locupletior factus Modus Modes et conventio vincunt legem Mora Morte legatarii perit legatum Mortis causa Mutatis Mutandis Nemo debet ex alieno damno lucrari Nemo est haeres vivents Nemo jus sibi dicere potest Nemo Patrian; In Qua Natus Est Exuere Nec Ligentiae Debitum Ejurare Possit Nemo plus juris ad alium transferre potest quam ipse habet Nemo ejusdem tenementi simul potest esse haeres et dominius Ne fictio plus valeat in casu ficto quam veritas in casu vero Nec cun sacco adire debet Necessitas facit licitum quod alias non est licitum Necessitas Inducit Privilegum Quoad Jura Privata Necessitate juris Nemo agit in seipsum Nemo contra factum suum veniore potest Nemo dat quod non habet Nemo debet bis puniri pro uno delicto Nemo debet bis vexari pro una et eadem causa Nemo potest nisi quod de jure potest Nemo potest renunciare juri publico Nemo potest sibi debere Nemo praesumitur ludere in extremis Nemo prasumitur malus Nemo tentur edere instrumenta contra se Nemo tenetur jurare in suam turpitudinem Nemo tenetur prodere seipsum Nemo tenetur seipsum accusare Nexus Nigrum nunquam excedere debet rubrum Nihil agitur si quid agendum superset Nihil novit Nihil tam conveniens est naturali aequitati quam unumquodque dissolvi eo ligamine quo ligatum est Non debet adduci exceptio ejusdem rei cujus petitur dissolutio Non debet alteri per alterum iniqua conditio inferri Non decipitur qui scit se decipi Non efficit affectus nisi sequatur effectus Non entia Non exemplis sed legibus judicandum Non jus ex regula sed regula ex jura Non obstante No omne quod licet honestum Non possessori incumbit necessitas probandi possessions ad se pertinere Non potest adduci exception ejusdem rei cujus petitur dissolutio Non potest rex gratiam, facere cum injuria et damno alorum Non quod dictum est sed quod factum est inspicitur Non remota sed proxima causa spectatur Non utendo Non valentia agenda Noscitur a sociis Nova constitutio futuris formam imponere debet, non preaeteritis Novatio Noxa caput sequitur Nuda Pactio obligationem non parit Nudum pactum Nudum pactum inefficax ad agendum Nulla pactione effici potest, ne dolus praestetur Nullum tempus occurrit regi Nullus commodum capere potest de injuria sua propria Nunquam crescit ex post facto „praeteriti delicti aestimatio‟ Nunquam praescribitur in falso Nuptias non concubitus sed consensus facit Ob poenam regligentiae Ob turpem causam Obiter dictum Obligatio literarum Obreptione Officium nemini debet esse damnosum omissio eorum que tacile insunt nihil operatusr Omne actum ab intentione agentis est judicandum Omine majus continent in se minus Omne quod solo inaedificatur cedit solo Omnia praesumuntur contra spoliatorem Omnia praesumuntur legitime facta donec probetur in contrarium Omnia praesumuntur rite et solenniter esse acta Omnia quae jure controhuntur contrario jure pereunt Omnio novatio plus novitiate perturbat quam utilitate prdest Omnis interpretation praeferenda est ut dicta testium reconcilientur Omnis ratihabitio retrotranitur et mandato priori aequiparatur Onus probandi Ope exceptionis Optima est legis interpres consuetudo Optima est lex quae minimum relinquil arbitrio judicis, optimus judex qui minimum sibi Optima fide Optimus interpres rerum usum Ore tenus Pactis privatorum non derogatur juri communi Pactum Pactum illicitum Par in parem non habet imperium Paraphernalia Pares curiae Pari passu Pars ejusdem negotii Pars fundii Pater est quem nuptiae demonstrant Pendent lite Pendente lite nihil innovandum Penuria testium Per ambages – Per expressum Per fas aut nefas Per incuriam Per modum exceptionis Per modum poenae Per modum sinplicis querelae Per se Per subsequencs matrimonium Per vim legis Per voluntalem hominis Persona conjuncta aequiparatur interesse pripria Persona standi in judicio Pignus practorium Pieno jure Poena arbitraria Possessio bona fide Praesumitur pro legitimatione Praesumptio cedit veritati Praesumptio juris Praesumtio opponitur probationi Prior possessio cum titulo posteriore melior est priore titulo sine possessione Prior tempore potior jure Privates pactionibus non dubium est non paedi jus caeterorum Privatorum convention juri publico non derogate Privilegiatus contra privilegiatum non utitur privilegio Probono publico Pro grauitate admissi Pro rata Pro tempore Probabilis causa litigandi Probandi necessitas incumbit illi qui agit Probatio probate Probatio prout de jure Probatis extremis praesumuntur media Proprio nomine Proxsimus pubertati Publica vindicta Punctum temporis Qua Quae ab initio non valent ex post facto convalescere non possunt Quae accessionum locum obtinent extinguuntur cum principales res peremptae fuerint Quae solum deum habent ultorem Quamprimum Quando aliquid conceditur, omnia concessa videntur sine quibus hoc explicari nequit Quando jus domini regis subdit concurrent jus regis pracferri debet Quando lex aliquid alicui concedit, conceditur et id sine quo res ipsa esse non potest Quasi feudem Qui acquirit sibi acquirit haeredibus Qui acquirit sibi acquirit haeredibus Qui approbat non reprobate Qui consulto dat quod non debebat presumitur donare Qui facit per alium facit per se Qui hearet in litera haeart in cortice Qui in utero est, pro jam nato habetur, quoties de ejus commod quaertur Qui jure suo utitur neminem laedit Qui jussu judici‟s aliquod fecerit non videtur dolo malo fecisse, quia parere necesse Qui nonest negat fatetur Qui non prohibit quod prohibere potest assentire videtur Qui per alium facit per seipsum facere videtur Qui prior est tempore potior est jure Qui sentit commodum sentire debet et onus Qui vult consequens velle videtur et antecedens Qui vult decipi decipiatur Quicquid plantatur solo solo cedit Quicquid solvitur, solvitur Secundum modum solventis Quid pro quo Quilibet est rei suae arbiter Quilibet potest renunciare juri pro se introducto Quisque renuntiare potest pro se introducto Quisque scire debet cuni quo contrahit Quod ab initio non valet in tractu temporis non convalescit Quod constat curiae operae testium non indigit Quod fieri debet facile preaesumitur Quod juris in toto idem in parte Quod naturaliter inesse debet praesumitur Quod non apparet non est Quod non in coetu nec vociferatione dicitur, id infamandi causa dictum Quod nullum est nullum producit effectum Quod remedio destituitur ipsa re valet si culpa absit Quod tibi fieri non vis alteri ne feceris Quota Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba fienda est Quum principalis causa non consisitit ne ea quidem quae se quntur locum habent Rapina Ratio decidendi Ratio scientiae Ratione originis Rebus sic stantibus Reipublicae interest, voluntates defunctorum effectum sortiri Reipublicae interest ut sit finis litium Relegatio Remedium extraordinarium Remissio injuriae Remotis testibus Reao absente Res gesta Res integra Res inter alios acta alteri nocere non debet Res ipsa loquitur (the thing speaks for itself) Res judicata Res nullis Res publicae Reservatio ut et rotestatio non facit jus sed tuetor Respondeat superior Retro Reus Rex non debet esse sub homine, sed sub deo et seb lege, quia lex facit regem Rex non potest peccare Rex nunquam moritur Roy iest lie per Ascun statute Si Il Ne Soit Expressement Nosme Salus populi est suprema lax Sanae mentis Secundum bonum et acquum Semper praesumitur pro negante Semper specialia generalibus insunt Sententia contra minorem indefensum lota nulla est Si duo in testamento pagnatia reperiuntur ultimum est ratum Si quidem in nomine cognomina praenomine legatarii testator erraverit cum de persona constat nihilominus valet legatum Sic utere tuo ut alienum non laedas Simplex commendatio non obligat Sine fraude Sine pacto Sine quo non Socius crimnis Sola superviventia Solatium Solertia Solo animo Specialia generalibus derogant Spondet peritiam artis, et imperitia culpae enumerator Stare decisis Stilus curiae Stricti juris Strictissimae interpretationis Subsequenta copula Sui juris Summa necessitate Summa ratio est quae pro religione facit Summo jure Suo nomine Super eisdem deductis Suppressio veri Surplusagium non nocet Surrogatum Surrogatum capit raturam rei surrogatae Tantum operatur fictio in casu ficto quantum veritas in casu vero Temporanea ad agendum sunt perpetau ad excipiendum Tempus ex suapte natura vim nullam effectricem habet Termini habiles Testibus non testimoniis credendum est Testimonia ponderand sunt, non numeranda Toto genere Traditionibus et usucapionibus, non nudis pactis, transferuntur rerum dominia Transit terra cum onere Uberior titulus Uberrima fides Ubi damna dantur victus victori in expensis condemnari debet Ubi dolus dedit causam contractui Ubi eadem est ratio ibi idem est jus Ubi eadem ratio ibi idem jus Ubi jus ibi remedium Ubi lex deest, praetor supplet Ultimo loco Ultmus haeres Ultra valorem Ultra vires Unico contextu Universitas Universum jus Unum quid Usura Ut supra Uti quisaque rei suae legassit, ita jus esto Utile per inutile non vitiatur Utiliter et equivalenter Unor non est sui juris sed sub potestate viri Valere seipsum Vel faciendovel delinquendo – Vel faciendovel delinquendo Venditio generis Verba accipienda sunt Secundum subjectam materiam Verba chartarum fortius accipiuntur contra proferentem Verba debent intelligi cum effectu ut res magis valeat quam pereat Verba generalia restringunter ad habilitatem rei vel personae Verba illata inesse videntur Verba jactantia Verba posteriora propter certitudinem addita ad Verba relata hoc maxime operantur per referentiam ut in eis inesse videntur Verbis standum ubi nulla ambiguitas Verborum obligatio Veredictum Veritas nominus tollit errorem demostrationis Vi aut clam aut precario Vi statuti Viafacti Via juris Vicarious non habet vicarium Vice versa Victus victori in expensis damnandeus est Vide infra Vide supra Vigilantibus, non dormientibus, jura subveniunt Vis major Vitium reale Viva voce Volenti non fit injuria Voluntatis non necessitatis MAXIMS WITH REFLECTIONS ON CASE LAW From the heavens to the Contre (of the earth). [Godson v. Richardson, LR 9 Ch Ap 221; Corbett v. Hill, LR 9 Eq 671; Glasgow C. and D. Ry. Co v. MacBrayne, 10 R 894; Wandsworth Board of Works, LR 13 QBD 904]. Literally, in the opposite sense or view; equivalent to the common expression, on the other hand. By a stronger argument. From the death of the testator. A legacy o9r bequest does not vest in the legatee or beneficiary until this event takes place, [Finlay v. Mackenzie, 2 R 909]. From one who is not the proprietor. Equally; in like manner. From bed and board. No departure is permitted from the words of a statute. Where the language of a statute is plain and unequivocal, it must read according to its necessary meaning, and so enforced. Before; previously. From ancient time; of old. From a person dying intestate. The property of any one dying without of it by a valid deed. An absolute (or unequivocal) sentence needs no expositor. Extreme caution does no harm. This maxim finds its application generally in cases where the granter of a deed, as, for example, A testator, adds words descriptive of the person or class of persons he means to favour, beyond what are necessary for the purpose of mere description, in order, to make his intention more clear, [Adam v. Farqutiarson, 2 D 1162]. A mode, under the Civil law, of extinguishing a verbal obligation. The incident shall pass by the grant of the principal, but not the principal by the grant of the incident. Parcel or of the essence of A thing passes by the grant of the thing itself, although at the time of the grant it were actually several from it; by the grant, therefore, of A mill, the mill-stone may pass, although temporarily severed from the mill, [Wyld v. Pickford, 8 M&W 443]. An accessory follows the principal to which it is an accessory. Things acquired, and to be acquired. Acts indicate the intention. Where several beasts are distrained damage feasant, the subsequent abuse of one does not invalidate the seizure of the others, [Dod v. Monger, 6 Mod 215]. Things done in one action cannot be taken as evidence in another unless it be between the same parties. An action. An action commenced against a person deceased transmits against his heirs. A personal right of action dies with the person. The personal representative could always sue, not only for the recovery of all debts due to the deceased by specialty or otherwise, but for all breaches of contract with him, except breaches which imported a mere personal injury, [Raymond v. Fitch, 2 CM&R 588]. Penal actions, or actions having penal conclusion. Action of strict law, where the judge could only regard the strict terms of the contract and decide according to the rules of law affecting it, without regarding the equity of the question at Issue. Pursuer or plaintiff. Done and transacted. An act of the mind; intention. An act of the court shall prejudice no man. And in one case statute has created a possibility of prejudice by delay of the court, [International Frozen Food Corpn. V. United India Assurance Co. Ltd., AIR 2007 (NOC) (Del) 2402]. The law holds no man responsible for the act of God, [Nugent v. Smith, 1 CP D 423; Forward v. Pittard, 1 TR 27]. An act in law shall prejudice no man. Where an advowson is owned by two patrons with the right of present in turn, the one loses his turn if he submit to a presentation usurped by the other, or by a stranger; but his turn is merely postponed to the next vacancy, if the Crown, having emptied the living, refill it by virtue of the prerogative; for this, being the act of law, [Keen v. Denny, (1894) 3 Ch 169; Calland v. Troward, 2 Black H 324]. The act or operation of the law does injury to no one. A legal act – i.e., an act requiring legal solemnity in its performance. An act done against my will is not my act. The act does not make (the performer of it) a criminal, unless there be also criminal intention. The direct or immediate act by which something has been done, or some crime committed, as distinguished from an act which was merely mediate or preparatory to the immediate Act. To similar or analogues cases. The laws are adapted to those cases which more frequently occur. Laws cannot be so worded as to include every case which may arise, but it is sufficient if they apply to those things which most frequently happen , [Maxted v. Paine, LR 6 EX 132]. Without limit. As regards the action. Relative words refer to the next antecedent, unless by such construction the meaning of the sentence would be impaired, [R. v. Wright, 1 A&E 445]. It is the officer of the judge to instruct the jury in points of law of the jury to decide on matters of fact , [Smith v. Thompson, 8 CB 44]. Judges do not answer questions of fact, nor juries questions of law, [Hamilton v. Lindsey – Bucknall, 8 Macp 323]. For the purpose of investigating the truth. According to value. For the maintenance and defence of the public interest. For like or till fault. The burden of proof lies with the party affirming. Nagatives cannot be proved; they are presumed and need no probation, but any one alleging a fact, is bound, when it is disputed to prove it. Elsewhere. Dependant upon or subject to the power of another. Alienation is favoured by the law rather than accumulation, [Taddy & Co. v. Sterious & Co., (1904) 1 Ch 354]. Any kind of proof whatever, although not strictly in accordance with legal rules, and not resorted to when any other better evidence can be adduced. Otherwise proof of the resting – owing of a debt falling under triennial prescription, can only be made by writ or oath of the party; an ordinary debt not falling under that prescription can be proved aliunde. He is not to be heard who alleges things contradictory to each other , [Ramsdan v. Dyson, LR 1 HL 129]. An ambiguous answer is to be taken (or interpreted) against the person making it. Latent and obvious ambiguity. Latent ambiguity may be explained by evidence. In every specific devise or bequest it is clearly competent and necessary to inquiry as to the thing specifically devised or bequeathed , [Shuttleworth v. Greaves 4 My&Cr 35]. Literally, a friend of the court. With the intention of defaming. By act and intention. In certain cases acts only take legal effect where they are induced or accompanied by positive intention. With the intention of entering into an obligation. With the intention or purpose of taking revenge. Will; intention. Before any other thing is done or considered; first of all. A preliminary defence objecting to the pursuer‟s title, or to the jurisdiction of the court, is discussed ante omnia, because, if sustained, all further procedure is barred. One aprobating cannot reprobate. Literally among the acts; in the course of procedure. An argument drawn from inconvenience is forcible in law. [Pike v. Hoare, 2 Edn., 182]. The laws permit arms to be used against the armed; or to resist violence by violence. An arrestment used for the purpose of founding jurisdiction. An assignee is clothed with the right of his principal. [Mitcalfe v. Westaway, 17 CB NS 658]. With the sanction of the Judge; at the sight of the court. By judicial authority. No man shall be condemned unheard. [See Bessell v. Wilson, 1 E&B 489]. A bastard can have no heir except one lawfully begotten of his own body. That exposition (or construction) is to be commended by which the matter is rescued from destruction. A liberal construction should be put upon written instruments, so as to uphold them, if possible, and carry into effect the intention of the parties. [See Fussell v. Daniel, 10 Exch 581]. Of general or doubtful words, the more liberal opinion or interpretation is to be preferred. A possessor in good faith makes the fruits consumed his own. Good faith (honesty or fair dealing) does not allow the same thing to be exacted twice. Out of god will, voluntarily. The goods of persons dying without successors. It is the duty of a judge to extent this jurisdiction. Summarily, without a legal warrant. Capable of wrongdoing; able to commit fraud. An unusual circumstance orevent. A case omitted and forgotten is left to be disposed of according to the rules of the common law. The immediate cause; that which directly produces the effect. A proximate but not an immediate cause. The near and not remote cause is regarded, [Livie v. Jansen, 12 East 648; Inman Stemship Co. v. Bischoff, LR 7 App 670]. Cause or means of knowledge. Let a purchaser beware, a purchaser will not be compelled to accept and underlease, if it was misdescribed in the vendor‟s particulars of sale as A lease, and was bought as such, [Ridley v. Oster, (1939) 1 All ER 618]. That is sufficiently certain which can be made certain. Reasons is the soul of the law, and when the reason of any particular law ceases, so does the law itself. A bond, bill, or other written document of debt. Without investigating the cause. Civil or legal rights, obligations, or laws, may be abrogated for a civil or legal reason, but never natural ones. Civilly dead; dead to civil rights. An outlaw is said to be in this position. A state having power to make and enforce laws for the government of its subjects. Loss of citizenship. Unusual clauses always excite suspicion. No one suffers (or is punished) for his thought. A corporate body, Such as a guild of a trade. No one should take advantage by his own wrongful act, [Carter v. M’Laren. 8 Macp 64, revd. 9 Macp (HL) 49]. Common error sometimes passes current as law. Common error makes a rule or law, [Anderson v. M’Call, 4 Macp 765; O’Connell v. Regina, 11 CI SF 372]. An endeavour or attempt. Confirmation is of no avail where the original gift or grant is invalid. Literally, an unhurt or unviolated conscience, but in legal phraseology, synonymous with bona fides. Consent makes law. This maxim must be read in the limited sense, that the parties have made that to be law for themselves to which they have agreed to be bound, [Buchanan v. Andrews, 9 Macp 554 revd HL 11 Macp 13]. It is the consent of the parties, not their cohabitation, which constitutes a valid marriage. The acquiescence of a party who might take advantage of an error obviates its effect. Cohabitation. Legal construction inflicts no wrong. Custom ought to be fixed (or settled), for if variable, it is held as of no account. Custom or usage is the best interpreter of laws. Against morality. All contracts or obligations which are given for an immoral consideration or which arise out of an immoral transaction, are ineffectual, and cannot be enforced. Contracts of good faith and of strict law. A private agreement cannot derogate from public law. Before one who is not A competent judge, which is in effect the same as if the question had not been brought before A judge at all. Gross negligence. Crime committed against the Crown; Treason. Crimes are extinguished by the death of the criminal. whoever grants a thing is deemed also to grant that without which the grant itself would be of no effect. Credence should be given to one skilled in his peculiar profession. He who reaps the advantage should bear the risk. The bestower of a gift has a right to regulate its disposal. No man can attach any condition to his property which is against the public good, [Egerton v. Brownlaw, 4 HL Cas 1, p. 241]. The risk lies upon the owner of the subject. He who possesses land possesses also that which is above it. Fault; negligence. He is free from fault who knows but cannot prevent. Gross fault is equivalent to bad intention or fraud. When any partner renounces the partnership, the partnership is dissolved. When two clauses (or provisions) are found in a Will, contradictory of, or inconsistent with each other, the last is confirmed. With effect. Since he is sufficiently punished by the insanity itself. Since chastity once violated cannot be restored. The name given to an officer, appointed by the court on application to that effect, for the preservation or management of an estate, the owner of which at the time is unable to manage or superintend it. The creditor should inquire how (the money) is applied. The practice of the court is the law of the court, Insane Criminal‟s case, 8 Scott NR 595. Harm, injury, loss. Damage inflicted without legal wrong Loss arising from inevitable accident, which human means or prudence could not prevent. Damage or injury culpably inflicted. Damage or injury inflicted without any wrong being done. From one cause to another. According to the fact; in point fact. The honestly and integrity of a judge cannot be questioned, but his decision may be impugned for error either of law or of fact. [See Smith v. Boucher, Cas T.H. 69; Hamilton v. Anderson, 3 Macq 363]. As regards the whole; entirely. According to the provision of the Common law. The law does not concern itself about trifles. [See Pinder v. Wadsworth, 2 East 154]. That which does not appear will not be presumed to exist. Immediately, summarily, without attention to forms. According to practice. Debts attaching to the soil; such as feuduties, ground-annuals, debts heritably secured. A debtor is non presumed to make a gift to his creditor. A creditor‟s claim (or right to recover) can neither be taken away nor diminished by bargain among his debtors. Debt and contract are not of any particular place – i.e., neither debt non contract is limited to any particular locality, but may be sued for or enforced before any court which has jurisdiction over the debtor. Choice of person to the exclusion of others. A delegated power cannot be delegated; that is, a delegated power cannot be conferred by the delegate upon another. A derived right cannot be greater than that from which it springs. But the judges cannot sit, nor can any judicial act be done on a Sunday, [Asmole v. Goodwin, 2 Salk 624]. A day commenced is held as completed. A day which is regarded by the law as one on which no judicial act can be performed, or legal diligence used. The middle degree of diligence or care, being that which a man of ordinary prudence usually bestous upon his own affairs. Overreached by fraud. Any one fraudulently taken advantage of will not be bound by the contract to which the fraud gave rise. Fraud. Fraud is not purged by circuitry or indirect procedure. Fraud is presumed against one engaged in an illegal act or transaction. Every man‟s house is his castle. A donation made in the view of, and to take effect after, the donor‟s death. Donation is not presumed. A veiled gift; a gift under pretence of being something else. Of doubtful law; an unsettled point. Two person cannot have the full property of the same thing at the same time. Two persons cannot each have the entire right to one thing. There cannot co-exist titled to the same subject or right in two persons at the same time. He who can consent may object. His is the risk to whom the property belongs, or who reaper the advantage. No one incurs fault or blame through the performance of an act which he is under the necessity of performing. Of the same class, or kind. Purchase, sale. The special mention of one thing implies the exclusion of another. At that moment; the very moment. By the thing itself. A deed by a minor disposing of his heritage, or diverting the course of his succession, is „co ipso‟ null, and requires no reduction. Any obligation is solved on extinguished in the same manner as that by which it was constituted. On the ground of equity. Willingly; intentionally. A passage is best interpreted by reference to what preceds and what follows it. By hearsay, or report. As a general rule, evidence founded upon hearsay, that is something which the witness was told, and of which he had no other knowledge, is not admissible. According to what is right and just. On the ground of dole or fraud. On the ground of death-bed. On the ground of fear. At once, without interval of time. If any one be violently dispossessed of that which is his, he may recover it by violence if done at the time; but if an interval of time elapses, possession can only be legally recovered by an application to the proper authority. Arising from a contract; this may either refer to a right or an obligation so arising. All things are, on account of the length of time which has elapsed, presumed to have been performed rightly and in the usual manner or with the necessary solemnities. A right of action cannot arise out of fraud. On the face of it evidently. On account of documents newly or recently found. For A just cause or sufficient reason. No contract arises from crime, or from an act which is contrary to law. From a number of marks the identity of the subject is gathered or ascertained. No cause of action arises from a bare promise. From one side, one-sided. Intentionally, of design. He who derives advantage from any one should bear that person‟s obligations, or make good his deeds. No right of action arises from a disgraceful or immoral consideration. The exception of falsehold is the last of all. Legal process, if regular, does not afford a cause of action. The expression of what is tacitly implied is inoperative. A false statement. The express mention of one thing implies the exclusion of another. A thing expressed puts an end to tacit implication. Extremes being proved, those things which fall within or between them are presumed. The power of making a testament, or of acquiring under a testament made by another. A thing done cannot be undone. Mere false description does not vitiate, if there be sufficient certainly as to the object. False or bad grammar does not vitiate a deed. False in one thing, false in all. He confesses the crime who flees from trial. Let it be done as prayed for. A fiction of law. In the act of committing the crime, or immediately after the commission. The disposition of the law is stronger and more efficacious than that of the man. Literally, an incompetent court. The fraud of the author or ancestor does not injure his successor. It is fraud to conceal fraud. He seeks the aid of the law in vain who is himself acting contrary to the law. Having discharge his official duty. Things annexed or attaced to the soil. There may be either corporeal or incorporeal. An insane person has no Will, [see Borrodaile v. hunter, LJ 12 CP 225]. An insane person is regarded as an absent person. General statement or provisions do not derogate from special statement or provisions. General words are to be understood in their general sense. A general clause is not extended to those things which have been previously narrated or described. The name given to a certain writ. In the manner competent. Succession; inheritance. A succession which the heir has not entered upon or taken up, which still lying in the right of the deceased, liable to be attached by the diligence of creditors for the deceased‟s debts. The right of inheritance never lineally ascends. Manslaughter committed in a quarrel or brawl. That which is ours cannot be transferred to another, without our act. We can do that only which we can lawfully do. The same persons cannot be both the pursuer and the defender of an action. That which does not appear is the same as that which does not exist. Ignorance affords no excuse in reference to those things which one is bound to know. Ignorance of a fact. Ignorance of fact excuses – Ignorance of the law does not excuse. Ignorance of law. Ignorance of the law excuses no one. Every one is presumed to know the law. Inability excuses the non-observance of the law. Where the right is equal, the claim of the party in actual possession shall prevail. Where the language of a statute is ambiguous, that interpretation is to be preferred which involves no injustice or in equity, especially when this can be gathered from the statute to have been the intention of the law. At the point of death; on death bed. Things that are clear (unambiguous) do not admit of conjecture or construction. In similar cases the remedy ought to be similar. Contracts are held as containing, although not expressed, those conditions which practice and custom have imported into such contracts. In contracts, the intention of the contracting parties is to be regarded rather than the words in which the contract is expressed. In criminal matters the more benevolent (or human) interpretation is to be received. In a doubtful case, the most favourable i.e., the most equitable view, is to be followed. In a doubtful case, the answer or decision should be in favour of innocence. Equity is the life of a legal fiction. In law the immediate, not the remote, cause of any event is regarded. In the suit. In bad faith deceitfully, dishonestly By way of fine or penalty. Interest may almost be said to be exacted from A debtor ex lege as a fine or penality, when he is “in mora” in the payment of his debt. In the form, or, by way, of proof. In all cases involving penal sentence, both the age and want of experience of the offender are taken into account in favour of the offender. In presence of the greater the power of the inferior ceases. For vindicating public right, or public justice. According to strict law. In stipulations (or obligation), when any question arises as to the obligation undertaken, the words of the stipulation are to be interpreted against the creditor in the obligation. In reference to one‟s own affairs. Wills are to be interpreted according to the purpose and intention of the testators. A practice, custom, or law which is still in full observance. Infeltment, investiture. Deadly enmity: Strong and deep rolled hostility. A wrong does not excuse a wrong. Wrong is not presumed. An inspection of the person. Proprietor in the meantime. A widow is interim domina of terce lands after her service, and in virtue thereof may either possess them herself, or let them out to tenants. Charters or deeds are to be interpreted liberally, so as rather to valiadate than nullify the transaction. In the prospect of death. Contrary to rule; erroneously. A benefit is not given, or conferred, on one who is unwilling (to receive it). By the law itself. The thing itself. He who has frequently ceased to possess is still held to be the possessor. A judge cannot give more than the petitioner or suitor himself ask. Later judgments are stronger in law. It is the part of the judge to enunciate, not to give or make law. A judgment is always accepted as true. A judgment is always accepted as true. Immovable (i.e., heritable) rights. Rights are abandoned or discharged in the same manner as that by which they are constituted. Rights of blood cannot be destroyed by the provision of the civil law. By oath. By right of devolution. Of divine right, consecrated to God. The execution of the law inflicts no wrong. The law ought to be established to meet those cases which most frequently happen, not those which arise unexpectedly. The right of the crown, under which the sovereign is entitled to claim those things which are regarded as „inter regalia‟. A transferred right. A right very near, or nearly equal to, that of absolute property. No right arises from wrongful act. The law of nation; International law. A right in thing; real right. An incorporeal right. An indivisible right. Such rights are those which can only be exercised by one person, as the right of superiority. An acquired or vested right. At the right time; in due time. Gross fault is held as equivalent to fraud. In a wide sense; in a more comprehensive sense. Legacy of a debt. Such a legacy gives the legatee the full right to the debt so bequeathed, and carries with it the right to enforce payment. Later laws repeal earlier laws inconsistent therewith. The lawful power. The law compels no man to do that which is fultile or fruitless, [see Bell v. Mid. Ry. Co., 30 LJ CP 280]. The law compels no one to disclose (or make known) what he is presumed not to know. The law does not compel a man to do that which he cannot possible perform. The law does not compel the performance of what is impossible, [see Lloyd v. Guibert, LR 1 QB 121]. The law does not require that to be proved which is apparent to the court. If there is difficulty in determing whether there has been an erasure, the court may order a proof; but if the erasure is apparent, no proof is necessary, [see Hamilton v. Lindsay – Bucknall, 8 Macp. 323)]. The law of one‟s country. A later statute derogates from a prior. What is superfluous, repugnant, incongruous, the law rejects. The law will always afford a remedy. The intendment of a law is always in accordance with reason. Law regards the order or course of nature. The children yet to be born. Although the grant of a future interest is inoperative, yet it may become a declaration precedent, taking effect upon the intervention of some new act. A suit elsewhere depending. It is a good preliminary defence to any action, that there is already depending before competent court another lawsuit between the same parties regarding the same subject or dispute. A depending process of suit; an action in the course of being litigated; litis contestation. The place of contract. Bad or wrong in itself. Bad intention: which along with the overt act to carry the bad intention into effect constitutes crime. what is manifest needs no proof. In the meantime. A minor can make his condition better, never worse. A minor entering into a contract which is to his advantage, can be restored against it; he is not bound by obligations which would have the effect of diminishing his estate. Guilty purpose, criminal intention. Through fear. A minor is not bound to defend at law this right to his ancestor‟s heritage; when the right is challenged by one who claims the heritage on a title preferable to that which existed in the minor‟s ancestor. A minor is bound to the extent to which he has been enriched or benefited. Manner or mode. The modus of an indictment is that part of it which contains the narrative of the commission of the crime; the statement of the mode or manner in which the offence was committed. The form of agreement and the convention of parties overrule the law. Delay. This word signifies technically undue or culpable delay, and subjects the person against whom it can be charged to the consequences which arise from it. By the death of the legatee, the legacy perishes or lapses; that is, the death of the legatee during the life time of the granter of the legacy. Deeds made in contemplation of death one so-called; because the prospect of death is the cause which induces their execution. Things being changed which are to be changed. No one should be enriched out of the loss or damage sustained by another. No one can be heir during the life of his ancestor. No one can declare the law for himself; no one is entitled to take the law into his own hands. A man cannot abjure his native country nor the allegiance which he owes to his sovereign. For this natural allegiance was intrinsic and primitive, and antecedent to the other, and cannot be devested without the concurrent act of the prince to whom it was first due, [Wilson v. Marryat, 1 B&P 430]. No one can transfer to another a greater right than he has himself. No one can, at the same time be heir to and proprietor of the same subject. A legal fiction cannot avail more in the fictitious case than the truth would if the case really happened. A debtor cannot be expected to carry with him as much money as will meet his obligations, and that therefore a reasonable time for paying his debt must be allowed to him after requisition has been made. Necessity makes that lawful which otherwise would not be lawful. Killing a person in self-defence, and as the only means of protecting one‟s own life, falls within the rule of this maxim. Necessity give A privilege as to private rights. By necessity of law: arising necessarily from the nature or effect of legal rules. No one acts against himself; no one can pursue an action against himself. No one can go against his own act. when an act has once been performed which is binding on the actor, he cannot at Will depart from that act or lawfully do anything contrary to it. No one can give what he has not got; one who has no title cannot confer A title. No one should be punished twice for the same offence. Punishment once suffered, the crime is extinguished, and a second punishment cannot follow. It is A rule of law that a man shall not be twice vexed for one and the same cause. No man can do anything except what he can do lawfully: or, that is not considered to be within the power of any one which he cannot lawful perform. No one can renounce a public right. No one can be his own debtor. No one is presumed to trifle, or make sport, at the point of death. No one is presumed to be bad – i.e guilty of any particular offence with which he may have charged. no one is bound to produce writings against himself. No one can be compelled to answer a question in the course of his disposition as a witness in a civil suit if the answer will or may involve him in a criminal prosecution. No one is bound to appear against himself. No man can be compelled to criminate himself. If the prosecution to which the witness might be exposed or his liability to a penalty or forfeiture is barred by lapse of time, or if the ofence has been pardoned or the penalty or forfeiture waived, [R. v. Boyees, 1 B&S 311]. A bond, tie, or fetter. The text of a statute should never be read in a sense more comprehensive than the rubric or title. But where a clause in a statute is ambiguous, and open to construction, the title and Preamble of the Act may be read as throwing light upon the intention of the legislature, and to serve to clear away the ambiguity. Nothing is done if anything still remains to be done, or, in other words, an incomplete proceeding is equivalent to none at all. He knows nothing. Under a reference to oath a defender may swear that he knows nothing of the matter referred. Nothing is so consonant to nature equity as that every contract should be dissolved by the means which rendered it binding. That cannot be pleaded as exception defence in bar which is itself in question; an exception or defence in bar cannot be based upon that right which the action is brought to question or set aside. No one ought to be put in an unfair or injurious position by the act of another. He is not deceived who knows that he is being deceived. The intention is of no avail unless some effect follows. Things having nor existence; non-entities. Things are to be judged of (or rights determined), not by examples, but by laws. The law does not arise from the rule (or maxim) but the rule from the law. Rules or maxims are convenient modes of stating briefly and forcibly what the law is, and are only of weight or value in so far as they accurately express the law. Notwithstanding; or not opposing. Not everything which is permitted is honourable, or morally right, that is, there are some things permitted, or rather not prohibited, by the law which are not honourable or moral in themselves. There is no necessity laid upon a possessor of proving that his possessions belong to him. It lies upon the person challenging the right of possession, whether the subject be heritable or movable, to show that the possessor has no title. A matter, the validity of which is at issue in legal proceedings, cannot be set-up as a bar thereto. The king cannot confer a favour on one subject to the injury and damage of others. Not what has been said, but what has been done, is regarded. No the remote but the near (or immediate) cause is regarded. By non-usage. Want of ability to act. The meaning of A doubtful word may be ascertained by reference to the meaning of words associated with it. A new law ought to be prospective, not retrospective, in its operations. novation, which is a mode of extinguishing an obligation already existing by the substitution of a new engagement or obligation by the same debtor to the same creditor in its place. punishment follows the person guilty of the crime; punishment is personal. A bare bargain gives birth to no obligation. A mere pact; or engagement amounting merely to a promise. A mere agreement is ineffectual to maintain action. No contract can effectually stipulate that fraud or dole is not to be answered for: or, no one can effectually stipulate that he is not to be responsible for his own dole or fraud. Lapse of time does not bar the right of the Crown. No man can take advantage of his own wrong. The extent of A past delict is never uincreased by a subsequent act. A prescriptive right can never be founded upon a falsehood; prescription never ruins in favour or in support of that which is criminally false. Not cohabitation but consent makes marriage. As punishment for negligence. The laws aid those who are careful of their own interests, not those who neglect them. On account of a dishonourable cause, or immoral consideration. An obligation which has been granted on account of an immoral consideration, as, for example, a bond or bill granted as the price of prostitution, cannot be enforced. An opinion given incidentally. In the course of pronouncing their decision in a case before them, Judges sometimes give opinions incidentally or points which may have been raised, but not being essential to the case, have not been fully discussed or weighed. An obligation constituted by writing; A written contract. By surprise; by deceit; clandestinely. No one should be subjected to loss by the discharge of an officer or duty. The omission of those things which are tacitly implied operates nothing; that is, their omission does not operate against their being held, by implication, as expressed. Every act is to be Judged of by the intention of the doer. The greater contains the less. Everything that is built upon the ground belongs to the ground. Every presumption is made against A wrongdoer. All things are presumed to have been done according to law until the contrary is proved. All acts are presumed to have been done rightly and regularly. All obligations contracted or imposed by law perish through a contrary law. Every innovation occasions more harm by its novelty, than benefit by its utility. Every interpretation is to be preferred by which the statements of witnesses are reconciled; that is where statements of witnesses are reconciled. A subsequent ratification has retrospective effect, and is equivalent to a prior command. The burden of proving. By force of exception. An exception is A kind of defence, but the distinction between defences and exeptions is practically disregarded in the practice of law. Custom or usage is the best interpreter of law. That is the best law which leaves least to the discretion of the judge; he is the best Judge who takes least upon himself. In the best faith. Usage is the best interpreter of things. By word of mouth. The common law is not derogated from by the private contract of individuals. A bargain, agreement, or paction. A paction is, in civil law, defined to be “the consent and agreement of two or more persons in the same matter, or regarding the same thing. An illegal agreement or contract. An equal has no power over an equal. The name given to those movables which were properly personal to a wife, and remained her own property, notwithstanding of her marriage, even when the marriage operated as an assignation of the wife‟s whole movable estate to her husband. Literally, the peers of the court. In equal grade; equally. A part of the same business or transaction. Part of the ground or soil. All those things which are in the soil, as well as those growing upon it or immovably fixed to it, are reckoned parts of the soil itself. He is the father whom the marriage indicates to be so. During the dependence of the suit. Nothing is to be changed during the dependence of a suit. When a subject once become litigious, neither of the parties can affect or prejudice the other‟s rights by any act done by him in reference to the subject of the suit; all such acts are ineffectual in so far as his opponent is concerned. A scaricity of witnesses, [see Surtes v. Wotherspoon, 10 Macp 866]. In a round-about way; indirectly; or by evasion. Expressly; in direct terms. By lawful or unlawful means. Through negliegence, mistake, or error. By way of exception. By way of punishment or penalty. By way of simple complaint. By himself, or itself. By subsequent marriage. Chidren who, at their birth, were illegitimate, become legitimate by the subsequent marriage of their parents. By force of law. The succession to the estate left by an intestate is regulated by legal rules; and persons who succeed ab intestato are said to succeed „per vim legis‟ in contradistinction to those who succeed under the terms of the „testator‟s Will. By Will of man i.e. the Will or purpose of the testator. The interest of a connection is sometimes regarded in law as that of the individual himself. A person or character entitling one to appear in a law suit to vindicate his right, and that whether in the character of pursuer or defender. A legal pledge; A pledge given by the law, or the Magistrate who administers it. With full right. A conveyance or presentation pleno jure carries the full right with the profits or advantages pertaining to it. Arbitrary punishment, or punishments the extent of which is left to the discretion of the Judge and not fined by rule. Possession in good faith. Legitimacy is presumed. This rule does not apply to chidren born within six months after the marriage has been entered into, or ten months after the marriage has been dissolved, [see King v. Luffe, 8 East 207; Jobson v. Reid, 8 S 343]. A presumption yields to the truth. Presumption of law, being merely suppositions of what may be true, and what is held to be true in the absence of proof to the contrary, are overcome or redargued by proof that what is supposed or presumed is not consistent with the real fact. A legal presumption. This is a presumption fixed by statue, decisions, or customs in favour of a certain argument case, but which admits of being redargued by contrary proof. Presumption is set against proof; or is opposed to proof, by way of antithesis. Prior possession with a subsequent tile is better than a prior title without possession. Prior in date, preferable in right. It is not doubtful that the private bargains or arrangements of certain persons cannot injure the right of others. An agreement or bargain between individuals does not derogate from the public law. A privileged person cannot plead his privilege against another privileged person. For the public good. According to the gravity of the offence. Proportionally. For the time being; temporary. A probable or plausible ground of action. The necessity of proving lies on him who sues. Literally, a proved proof; that is a proof which is not permitted to be impugned or redargued. A proof according to law. It includes all legal means of probation, parole, documentary, and oath of party. The extremes being proved, those things which fall within or between them are presumed. In one‟s own name. Near puberty; having nearly attained the years of puberty, but still in pupilarity. The defence or protection of the public interest; the legal punishment by which the public safety and interest are protected. Point of time. As; in the character of. Things invalid from the beginning cannot be made better or valid by subsequent act. Those things which hold the place of accessories are extinguished when the principal has been destroyed. Crimes or wrongs which can only be punished by God. As soon as possible; forthwith. When anything is granted or conferred, all things necessary for the explication (i.e. treatment, development, use) of that thing appear also to be granted. Where the title of the king and the title of a subject concur, the king‟s title must be preferred. When the law confers right on any one. It also confers that without which the right conferred cannot exist (or be enjoyed). A kind of fee or heritable right; and generally, that kind of heritable right which arises in money when heritably secured. He who acquires for himself acquires for his heirs. He who acquires for himself acquires for his heirs. One who approbates cannot reprobate. A person is said to approbate and reprobate a deed when he seeks to take an advantage or benefit conferred upon him by one portion of it, while he seeks to disregard or dispute the validity of another portion which imposes some restriction upon the benefit, or burdens it with a One who gives deliberately to another what he does not owe, is presumed to give it as a donation. Where one does a thing through the instrumentality of another, he is held as having done it himself. He who considers merely the letter of an instrument goes but skin-deep into its meaning. A child in the womb (yet unborn) is held as already born in any question which may arise touching its rights or interest. He who uses his own rights does wrong to no one. A person who does an act by command of a judge is not considered to act from a wrongful motive, because it is his duty to obey. [See Taylor v. Clemson, 2 QB 978]. He who does not deny, admits. He who does not prevent or prohibit what he can prevent is regarded as assenting. He who does an act through another is deemed in law to do it himself. He has the better title who was first in point of time. He who derives the advantage ought to sustain the burden. He who desires the consequences seems also to desire what preceded it: one who desires, or seeks, the effect must be regarded as consenting to the cause. Let him be deceived who wishes or is willing to be deceived. Whatever is affixed to the soil belongs thereto. Money paid is to be applied according to the intention of the party paying it. Something given in return for something else. Every one is the judge of his own affairs. Any one may, at his pleasure, renounce the benefit of a stipulation or other right introduced entirely in his own favour. Every person can renounce a benefit or right introduced for his own advantage. Every one ought to know with whom he contracts: every one ought to know about the person he deals with. That which was originally void, does not by lapse of time become valid. What is clear to the court does not need the aid of witnesses. The law always presumes that any act has been propertly and effectually done, performance of which is required by law. That which is law as regards the whole, is so regards a part; the law which governs or prevails in reference to the whole right, applies to every part of that right. That is presumed which ought naturally to be. That which does not appear does not exist; that which does not appear or is not proved is regarded as not existing. That which has been said not in a public assembly nor by way of violent outcry or abuse, is held to have been spoken for the purpose of defaming. That which is nothing produces no effect; that which is regarded as null, and in itself equivalent to nothing, can legally have no effect whatever. That which is without remedy avails of itself if there be no fault in the party seeking to enforce it. Do not that to another which you would not that another should do to you. A share or proportion. In the absence of ambiguity, no exposition shall be made which is opposed to the express words of the instrument. When the principal no longer exists those things which follow it cease also to have place. Robery; theft committed by violence. The reasons of a decision; the ground on which decision proceeds. The reason or ground of knowledge. On account of one‟s origin or birth. Matters so standing; in the existing state of matters. It is for the public interest that the Wills of deceased persons should receive effect. It is for public interest that there should be a known termination of pleas; a termination beyong or after which the decision in A suit should be final and unquestionable. Banishment. An extraordinary remedy: one out of the usual order of legal remedes, and not resorted to except in cases of great necessity, and where ordinary remedies cannot be resorted to. Forgiveness of the offence; condonation. The witness being absent. The defender being absent. The thing done; the whole transation or circumstance. The matter is entire or complete. A transaction between two parties ought not to operate to the disadvantage of a third. A master is not criminally responsible for acts done by his servant without his knowledge, and the condition of the servant‟s mind is not to be imputed to the master, [Chisholm v. Doulton, 22 QBD 736]. A case or matter decided; a final judgment. A subject which is the property of no one. Subjects belonging to the public; property of public right. Reservation and protest do not make a right, but protect it. Let the principal be held responsible. Backward. Some acts have, as regards their legal consequences a retrospective effect. Defender on defendant. The king is under no man, yet he is under God and the law, for the law makes the king. The king can do no wrong. The king never dies. That the kind never dies; the demise is immediately followed by the succession; there is no interval. The king is not bound by any statute, if he be not expressly named to be so bound. Regard for the public welfare is the highest law, [R. v. Darligton (Inhabitants), 4 TR 797]. Of sound mind. According to that which is good and equitable. The presumption is always in favour of the person denying. Special things are always included in general. A general conveyance by a testator of his whole estate includes every special or individual asset of which he is possessed or to which he is entitled. A decision pronounced against an undefended minor is null. If two clauses or provisions are found in a Will in consistent with each other, the last is sustained. If a testator has made an error in the name or title of the legatee, the legacy will nevertheless be valid if it appear clearly who was the person meant. Enjoy your own property in such a manner as not to injure that of another person. A mere recommendation does not bind i.e. does not infer an obligation. Without fraud; honestly; in good faith. Without a bargain or agreement. Without whom nothing can be effectually done. An associate or accomplice in the commission of a crime. By mere survivance. There are some rights which require no legal process to confer them upon those who succed to them but which vest by mere survivance. Compensation; indemnification. Shewdness; craftiness. By a mere act of the mind; by mere intention or design. Special provisions derogate from general. He is responsible for skill in his profession, and want of such skill is regarded as a fault. To stand upon decisions; to abide by precedents. The form of court; a matter of legal form, and not essential. According to strict right. Some rights with which the law has to deal are regarded strictly and the exercise of them limited to that alone which the express terms of their Constitution warrants. According to the strictest possible interpretation. Carnal intercourse having followed; with subsequent carnal intercourse. Persons who are independent of the control of others as regards their legal acts, and who can validly contract and bind themselves by legal obligation, without the consent of another. In external necessity. The best rule is that which advances religion. In the highest right. In one‟s own name. Upon the same grounds or arguments. The suppression or concealment of the truth. Surplusage does not harm. A thing substituted for another. A thing substituted takes the nature or character of that for which is substituted. A legal fiction operates to the same extent and effect in the supposed case as the truth does in a real case. Things which at a certain time (or, for a limited time) afford a ground of action may be used by way of exception at any time. Time, in its own nature, has no effectual force; time, taken by itself, has no force, or produced no effect. Sufficient grounds. Credence is given to the witnesses, not to their testimony; that is, the weight to be attributed to evidence depends upon the probability improbability of his statements. Testimonies are to be weighed not numbered. In their whole character; in every respect; entirely. Rights of property are transferred by delivery, and by prescription founded on lengthened possession, by A mere agreement or paction. The land passes with its burdens. The fuller or more unlimited title. Good faith. Where damages are awarded, the unsuccessful party ought to be sound liable in expenses to the successful party. Where fraud gave rise to the contract. Where there is the same reason, there is the same law. Like reason doth make like law. There is no wrong without a remedy. Where the law is wanting or deficient, the praetor supplies the deficiency. In the last place. Last heir. Beyond the value. Beyond the power; in excess of the authority. In one connection; that is to say, by one and the same act; or by an act performed in connection with another, and at the same time. Literally, the whole. The entire right. One thing. Interest; usury. As above. A common mode of reference to a preceding passage. As any one disposes of his own property by testament, so let the law be. Surplusage does not vitiate that which in other respects is good and valid. Duly, and with equal effect. A wife is not in her own right (that is she cannot act independently), but is under the power of her husband. To be its own value. Either by doing something or by leaving something undone; either by act or omission. Either by doing something or by leaving something undone; either by act or omission. A sale of goods of class or kind. Words are to be accepted or understood according to the subject-matter with which they deal. The words of an instrument shall be taken most strongly against the party employing them. Words ought to be read or, understood as of some effect, so that the matter (deed, contract, etc., in which words are used) may rather be of avail than perish. General words may be aptly restrained according to the matter or person to which they relate. Words brought in (by reference) are regarded as present: or, words imported by reference are held as incorporated. Empty, vain, bragging words; words not seriously spoken nor with the intention of binding the person using them to their truth. Words subsequently added for the purpose of giving certainlty or clearness are to be referred to those previous words which (through their own ambiguity) require to made clear or certain. Words to which reference is made in an instrument have the same operation as if they were inserted in the clause referring to them. One must abide by the words where there is no ambiguity. An obligation constituted verbis; a verbal obligation. Verdict. Truth in the name takes away (or destroy the effect of) error in description. By force, by stealth or other clandestine means, or by importunate entreaty. By force of statute. By means of an act. By means of law or legal process. A substitute has no substitute. Conversely. The unsuccessful party is to be found liable in expenses to the successful party. The civil law rule regarding the expenses of a law suit. See below. See above. The laws assist those who are vigilant, not those who sleep over their rights. A greater or superior power. A real defect. Orally. Damage suffered by consent is not a cause of action. A matter of choice, and not of necessity.
Report "Legal Maxims With Reflections on Case Law - Copy"