Maxim

“Of law”, “Legitimate”

The word “De Jure” is of Latin origin, it means “of law”, “legitimate”. It describes the total adherence of the law. It also means that having a right or existence as stated by law. De Jure is commonly paired with De Facto which means “in fact” and the term is superfluous. De Jure complies all requirements imposed by law.

“In deed”, “In fact” or “Actually”.

The literal meaning of “De Facto” is “in deed”, “in fact” or “Actually”. The word “De Facto” is of Latin origin, actually referring to something which does exist in fact, whether it may be recognized by lawful authority or not.

Naked promise

A promise not having any consideration, and hence not enforceable by the law. In Latin it means “naked promise” as it is not covered adequately by the aspect of consideration.

administrative action of judicial review.

It is an administrative law, which technically means administrative action of judicial review. In a way, in which the court determines who may be an applicant for judicial review. the applicant has a sufficient interest in the matter to which the application relates.

place of crime

The “place of crime” is the location where injury, harm, crime, or tort is committed. In civil matters, it is the place where an alleged act of crime was done.

A Defendant's Mental State

This maxim refers to the state of mind of the defendant who is proved to be having ulterior motives when having committed a crime. Mens réa is defined in a statute which establishes the crime or sets a precedent from time to time. The teaching of Mens rea was applied in India by courts, now that mens rea is the most important component of an offence, as firmly settled by law. In addition, the offenses resulting from the Prevention of Food Adulteration Act, Drug Acts and Weights and Measurements Act are prohibited without any evidence of guilt and the criminal shall not be liable for the offense without the proof of any guilty knowledge or intention, as it also decided by the Hon’ble Supreme Court in the case of Sarjoo Prasad v/s State of U.P

Hear the other side

The maxim denotes the meaning “hear the other side”, which means no person should be unheard and both parties will be provided the opportunity of being heard. Justice will be given to both parties. Audi alteram partem is derived from the Latin phrase “audiatur et altera pars”. It also denotes the same meaning. The maxim aims to ensure fair play and justice to the person who is affected. The maxim also promotes the concept of “Natural Justice”.

Spoken before Lawsuit is brought

• Not merely before the commencement of legal proceedings, but before even the existence of any actual controversy, concerning the subject matter of the declarations. • Brought before suit, before controversy moved. • At the time when declarant had no motive to distort the truth. Brought before suit, before controversy instituted. Also, before the controversy arose.

“The person who consents cannot complain.”

It is a Latin maxim, which means that the person who voluntarily gives consent for any harm to suffer would not be liable to claim any damages for the same. This consent could be used as a good defence against the plaintiff. Hence, the person who himself waived or abandoned his right voluntarily, cannot have any claim over it.

Where there is a right, there is a remedy.

This is a legal maxim, which means that where there is a right, there is a remedy. To get a legal remedy, a person should possess a legal right. Whenever the law gives a right to a person or prohibits an injury, then it also provides a remedy. So to sue in the court of law, one should establish his right and its violation.

Not by violence, stealth or entreaty

Nec, Vi, Nec Clam, Nec Precario is a Latin legal maxim which means that, “not by violence, stealth or entreaty”. In other words it means that, ‘not by force, nor stealth, nor the license of the owner’. It is often referred in the context of adverse possession and other land law issues.

The scene of the event

Locus in quo is a Latin maxim, which means “the scene of the event” or “the place in which”. In general sense it means the place where the cause of action arose, i.e. the place where something is alleged to have occurred.

The judges do not answer to a question of fact

These legal maxims means that, ‘The judges do not answer to a question of fact; the jury do not answer to a question of Law’. In simple words, the question of law is for the judge to decide whereas question of fact are for the jury to decide. Question of law are the questions that are decided by taking the help of law. Question of fact are the questions that are decided on the basis of evidence given by both the parties in proof or disproof of a fact.

Ignorance of law is no excuse.

It is a Latin maxim, which means ignorance of fact can be excused but the ignorance of law cannot be excused. Every person should know the laws of the country where he lives. He cannot plead ignorance of it. Even the foreigner has to abide with the laws of the land as long as he happens to be in that country. This maxim is often used in Criminal Law.

A delegate cannot further delegate.

This Latin maxim means that a person to whom a power is delegated cannot further delegate that power. That person cannot sub-delegate that power to someone else. No sub-delegation can be done in a contract of principle-agent without the knowledge and consent of the principle. This principle is often used in administrative or constitutional law.

Elsewhere

Alibi is a Latin word that means elsewhere. It is basically referred to a plea of absence of an accused from the place of occurrence of an offence at the time of its commission is called the plea of Alibi. It is generally used when the accused takes the plea that when the occurrence of an act took place and he was elsewhere. If the plea of Alibi is raised by the accused, the burden to prove it lies on him, which he could do by leading evidence in trial.