Legal Maxim
Legal Maxim
is a Latin legal maxim that means “the welfare of the people is the
supreme law”. It appears in Cicero's De Legibus. The maxim means
that the state should be administered according to the law, and that
laws should be made according to the welfare of the people.
The maxim also means that in the event of a conflict, individual
interests must yield to the community interest. The maxim aims to
provide justice to the people without bias.
The term “health” in the maxim refers to the overall prosperity of the
people. The maxim has a wider meaning that includes welfare,
justice, and the economy.
“Noscitur a sociis” is a Latin legal maxim that means “it is known by its
associates”. It is a rule of interpretation that states that the meaning of an
unclear word can be determined by considering the words it is associated with
in context. For example, if a law refers to automobiles, trucks, tractors, and
other motor-powered vehicles, “vehicles” would not include airplanes.
The maxim is also known as “the immediate context rule”. It is more
comprehensive than the rule of “ejusdem generis”.
Here is an example of the principle in action:
In the case of Commissioner of Income Tax v. Bharti cellular, the term
“technical services” used in section 194J of the Income Tax Act was unclear.
The word “technical” would take its meaning from the words “managerial” and
“consultancy” between which it is sandwiched.
Expressio unius est exclusio alterius
is a Latin phrase that means "to express or include one thing implies the
exclusion of the other". In law, this phrase means that if a law or contract
explicitly mentions one thing, it is assumed that other things are not included
or allowed.
The Latin phrase Nullus Commodum Capere Potest De Injuria Sua Propria
translates to "no one can derive an advantage from his own wrong". The
phrase is a legal maxim that is applied to the law of contracts. It means that the
law will not recognize or validate any profit a person derives from their own
wrongdoing.
The maxim is derived from the general principle of good faith. For example, if a
party has prevented another party from fulfilling a contractual obligation, they
cannot take advantage of the fact that the other party has not fulfilled the
obligation.
“Cessante ratione legis, cessat lex ipsa” is a Latin phrase that means “when the
reason for a law ceases, the law itself ceases”. It is a legal maxim that states
that a law cannot survive the reason it was founded on. It is one of the oldest
maxims in law and is often followed by courts.
The phrase is controversial because it can be difficult to agree on the rationale
of a law, especially in a case-based system. For example, the immunity of
advocates is a good example of this maxim.
Domus sua cuique est tutissimum refugium: “Domus sua cuique est
tutissimum refugium” is a Latin phrase that translates to “every man's house is
his safest refuge”. In legal contexts, this phrase illustrates that the law
recognizes the sanctity of one's home. It gives the person living in the home
the right to defend it and use it as a defense.
The phrase also means that everyone's house is a castle and fortress that
protects them from injury and violence.
“Nemo est haeres viventis” is a Latin legal maxim that means “no one is the
heir of a living person”. It means that a person becomes an heir only when
their ancestor dies.
The inheritance of an estate is decided only when the owner dies. Until then,
there is only an heir apparent or heir presumptive. For example, the eldest son
is the heir apparent.
The rules of “Nemo est haeres viventis” are followed in Muslim law. In Muslim
law, family property rights only arise after the property owner disappears.
Ignorantia facti excusat, ignorantia juris non excusat” is a Latin phrase that
means “ignorance of fact is an excuse, but ignorance of the law is no excuse”.
The phrase is used in both civil and criminal proceedings. For example, if
someone is accused of an offense, they can claim ignorance of the fact as an
excuse. The phrase is rooted in the Indian Penal Code (IPC), 1860. Section 76 of
the IPC states that a person who commits an offense under a misconception of
facts can claim ignorance of the fact as an excuse.
The phrase is also used in the Indian Contract Act, 1872. This act states that
parties to a contract cannot claim relief on the grounds of ignorance of Indian
law
LAW REPORTS:
Law reports are published records of judicial decisions that are used as precedents
in subsequent cases.
They are compiled, edited, and published by individuals called reporters.
The reports contain the title of the case, the facts of the case, and the history of the
case in the courts. Lawyers and judges cite law reports as precedents in subsequent
cases.
The objective of law reporting is to provide information about new precedents to
legal officials. The reports highlight the establishment of new precedents that may
support other cases with similar facts.
Law reports are structured as follows:
LEGAL CITATION:
A legal citation is a reference to a legal authority or precedent that supports or
contradicts a position. The citation can be to a primary legal authority, such as a
case or statute, or a secondary legal authority, such as a treatise or dictionary.
The basic format of a legal citation includes the volume number, abridged source
titles, and page or section numbers. For cases published on paper, the citation
usually contains the court that issued the decision, report title, and volume
number.
Legal citations are written in a standard language that allows writers to refer to
legal authorities with precision and generality. Because lawyers and judges rely on
these references, the language is full of abbreviations and special terms.
If you're having trouble deciphering an abbreviation in a journal citation, you can
try looking it up in the Cardiff Index to Legal Abbreviations.
Statutes are laws and regulations that are enacted by a legislative authority, such as
a parliament or other law-making body. When a statute is passed, it becomes law
and part of statutory law.
Statutes can be classified based on their duration, nature of operation, object, and
extent of application. For example, a consolidating statute collects all statutory
enactments on a specific subject and gives them the shape of one statute.
Some examples of statutes include: