Legal idioms and maxims
1. Actus reus -Guilty act
(A fundamental element of a crime.)
(A fundamental element of a crime.)
2. Mens rea- Guilty mind
(The intention has to be present with actus reus (guilty act) to constitute a criminal act.)
(The intention has to be present with actus reus (guilty act) to constitute a criminal act.)
3. De jure-By law
(It refers to things that happen according to law.)
(It refers to things that happen according to law.)
4.De facto- In fact
(It's commonly used to refer to what happens in practice.)
(It's commonly used to refer to what happens in practice.)
5. Prima facie- At first sight
(Based on what seems to be the truth when first seen or heard.)
(Based on what seems to be the truth when first seen or heard.)
6. Bona fide -With good faith
(Genuine /real /সরল বিশ্বাস)
(Genuine /real /সরল বিশ্বাস)
7. Ultra vires- Beyond the powers
8. Intra vires- Within the powers
(Judicial Riview)
(Judicial Riview)
9. Ipso facto- By the fact itself
(If there is a crime,then there must be a person who has committed the crime.)
(If there is a crime,then there must be a person who has committed the crime.)
10. Qui facit per alium facit per se- He who acts through another,does the act himself.
( It is a fundamental legal maxim of the law of agency. It is a maxim often stated in discussing the liability of employer for the act of employee in terms of vicarious liability.)
( It is a fundamental legal maxim of the law of agency. It is a maxim often stated in discussing the liability of employer for the act of employee in terms of vicarious liability.)
11. Res ipsa loquitur- The thing speaks for itself
(It's a doctrine or rule of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring the plaintiff on the basis of circumstantial evidence if the accident was of a kind that does not ordinarily occur in the absence of negligence.)
(It's a doctrine or rule of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring the plaintiff on the basis of circumstantial evidence if the accident was of a kind that does not ordinarily occur in the absence of negligence.)
12. Volenti non fit injuria- To a willing person,no injury is done.
(It's a doctrine or rule of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring the plaintiff on the basis of circumstantial evidence if the accident was of a kind that does not ordinarily occur in the absence of negligence.)
(It's a doctrine or rule of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring the plaintiff on the basis of circumstantial evidence if the accident was of a kind that does not ordinarily occur in the absence of negligence.)
13. Uberrima fides- Utmost good faith
(It's the name of a legal doctrine which governs insurance contracts. This means that all parties to an insurance contract must deal in good faith, making a full declaration of all material facts in the insurance proposal.)
(It's the name of a legal doctrine which governs insurance contracts. This means that all parties to an insurance contract must deal in good faith, making a full declaration of all material facts in the insurance proposal.)
14. Novus actus interveniens- Breaking the chain
( It's a Latin term for an intervening unforeseeable event that occurs after the defendant's negligent act and operates to precipitate or worsen the plaintiff's loss. The defendant is not liable for the loss precipitated or aggravated by such an event.)
( It's a Latin term for an intervening unforeseeable event that occurs after the defendant's negligent act and operates to precipitate or worsen the plaintiff's loss. The defendant is not liable for the loss precipitated or aggravated by such an event.)
15. Inter alia- Among other things
( This phrase is often found in legal pleadings and writings to specify one example out of many possibilities. Example: "The judge said, inter alia, that the time to file the action had passed.)
( This phrase is often found in legal pleadings and writings to specify one example out of many possibilities. Example: "The judge said, inter alia, that the time to file the action had passed.)
16. Obitur dictum- Things said by the way
(a judge's expression of opinion uttered in court or in a written judgement, but not essential to the decision and therefore not legally binding as a precedent.
•an incidental remark.)
(a judge's expression of opinion uttered in court or in a written judgement, but not essential to the decision and therefore not legally binding as a precedent.
•an incidental remark.)
17. Per se- By or in itself.
(It has the sense of "intrinsically," or "in and of itself." In everyday speech, it's commonly used to distinguish between two related ideas, as in, "He's not a sports fan per se, but he likes going to basketball games.")
(It has the sense of "intrinsically," or "in and of itself." In everyday speech, it's commonly used to distinguish between two related ideas, as in, "He's not a sports fan per se, but he likes going to basketball games.")
18. Ubi jus ibi remedium- Where there is a right, there is a remedy.
(The word ‘Jus’ means the legal authority to do or demand something, and the word ‘remedium’ means the right of action in a Court of law. It also expresses that there is no wrong without a remedy.
(The word ‘Jus’ means the legal authority to do or demand something, and the word ‘remedium’ means the right of action in a Court of law. It also expresses that there is no wrong without a remedy.
The principle that where one's right is invaded or destroyed, the law gives a remedy to protect it or damages for its loss. Further, where one's right is denied the law affords the remedy of an action for its enforcement. This right to a remedy therefore includes more than is usually meant in English law by the term “remedy”, as it includes a right of action. Wherever, therefore, a right exists there is also a remedy. Ashby v White (1703) 14 St Tr 695, 92 ER 126 (or rather the classic judgment of Lord Chief Justice Holt in that case) is usually cited to exemplify the maxim. This principle, which has at all times been considered so valuable, gave occasion to the first invention of that form of action called an action on the case. Such actions played a major part in the development of the law of tort.)
Writer
K.H.Srotoshini Lamesha
3rd Batch , Department of Law and Land Administration
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