Legal Words &
Maxims
Divyansha Vasishth
Assistant Professor
LEGAL WORDS
• Affidavit- A written statement sworn under oath, often used as evidence
in court proceedings.
• Accused- A person formally charged with an offense; presumed innocent
until proven guilty
• Appeal- A procedure to challenge a lower court’s decision in a higher
court.
• Arbitration- An alternative dispute resolution where parties settle
through a neutral third party.
• Bench – The panel of judges hearing a case (e.g., single judge, division
bench)
•Cognisable Offence – An offence where police can arrest without a warrant
and begin investigation.
• Contempt of Court – Willfully disobeying a court order or undermining judicial
authority.
• Sub Judice – A matter currently pending before a court.
• Suo Motu – When a court takes action on its own accord, without a formal
request.
•Vakalatnama – A formal document authorizing an advocate to represent a
party in court.
•Writ / Writ Petition – A formal judicial order issued by courts (e.g. Habeas Corpus,
Mandamus).
•Tort – A civil wrong, other than breach of contract, for which the law provides
remedy.
•Jurisdiction – The authority of a court to hear and decide a case, based on subject,
territory, or pecuniary limits.
•Res Judicata – A matter that has already been judged and cannot be tried again.
•Prima Facie – “At first sight”; evidence that is sufficient to establish a case unless rebutted.
Public Interest Litigation (PIL) – A lawsuit filed for the protection of public interest by any
individual or organization.
Mandamus – A court order directing a public authority to perform a duty it failed to carry out.
Habeas Corpus – A writ requiring someone under arrest to be brought before a judge, protecting
against unlawful detention.
Importance of Legal Maxims
• Legal maxims are concise, universal principles that have
been established over centuries of legal practice. They
serve as foundational guidelines or general truths in the
field of law. In essence, these law legal maxims offer a
brief picture of broader legal concepts, making them
easier to understand and apply. They not only provide a
quick reference to complex legal ideas but also aid in
developing a deeper understanding of legal reasoning and
judicial decision-making.
• 1. Accomplice – Person associated with a crime
• 2. Accused – Person charged with the offence
• 3. Actus reus – Guilty act
• 4. Actus non facit reum, nisi mens sit rea – An act does
not make a person guilty unless there is a guilty mind
• 5. Actionable per se – No proof of damage is required for
the action to be punishable
• 6. Ad hoc – For the specific purpose
• 7. Amicus curiae – Friend of the court
8.Audi alteram partem – Both the parties must be heard
9. Bonafide – Good faith
10. Causa proxima et non remota spectatur – The
immediate cause is to be considered and not the remote
cause.
11. Caveat emptor – Let the buyer beware
12. Child in conflict with law – It refers to a child who has
not completed 18 years of age on the date of commision
of offence and is alleged or found to have committed an
offence.
13. Consensus ad idem – Meeting Of Minds For The Same
Thing In The Same Sense
14. Injunction – Stay order
15. Injuria sine damnum – Injury without damages
16. Ispo facto – By the very fact
17. In rem – Against the whole world
18. Intestate – Dying without leaving a will
19. Judicial review – The process of review of executive actions by the court of
law
20. Jus Naturale – Natural Justice
21. Malafide – Bad faith
22. Mutatis Mutandis – All necessary changes having been made
23. Nemo judex in Causa sua – No person shall be judge in his own case
24. Novation – Substitution of an old contract by a new contract
25. Obiter Dictum – That which is said in passing, a judicial opinion
26. Pari passu – Equal footing
27. Pecuniary – According to money value
28. Pendente lite – During litigation
29. Per Incuriam – By mistake
30. Plea of Alibi – To be present at some other place
31. Pendente lite – During litigation
32. Per Incuriam – By mistake
33. Plea of Alibi – To be present at some other place
34. Quid Pro Quo – Something for something
35. Ratio Decidendi – The reason for the decision
36. Res Ipsa Loquitur – Thing speaks for itself
37. Volenti Non Fit Injuria – No injury is done to a willing person
38. Ubi Jus Ibi Remedium – When there is a right there is a remedy
39. Void ab initio – Void from the beginning.
