207K Legal Terms Phrases & Maxims

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LL.B. Semester - III

SOFT SKILL 207 K Legal Terms, Phrases & Maxims
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Refer (not in any particular order) :
Google search is quick and the best source for this subject
http://dictionary.law.com/
https://en.wikipedia.org
http://www.duhaime.org/LegalDictionary.aspx
The Law Dictionary (Featuring Black's Law Dictionary Free Online Legal Dictionary 2 nd
Ed) - http://thelawdictionary.org/
Classic ---> A COLLECTION OF LATIN MAXIMS & PHRASES (3rd EDITION) BY - JOHN
N,COTTERELL, Cornell University Library, Digitized by Microsoft -
https://archive.org/stream/cu31924021688670/cu31924021688670_djvu.txt
https://adekunleadebajo.wordpress.com/2014/05/02/legal-maxims-and-their-short-
explanations/
https://www.scribd.com/document/237332568/LatinLegalMaxims
https://www.facebook.com/groups/LLB.GujUni/ http://duralex.bhatt.net.in/
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CONTENTS
Module - 1) Legal Terms and Phrases

Module - 2) Legal Maxims
Module - 3) Legal Maxims
Module - 1) Legal Terms and Phrases :

1.1) Meaning and use in sentence
1.2) Importance of Legal Terms
1.3) Use Equivalent Legal Terms
1.4) Examples of Legal Terms : Abandon, Abscond, Accord, Acquiescence, Ad
interim, Bona fide, Caveat Emptor, Capricious, Causus Omissus, Cypres,
Codicil, Coparcenery, Damage and damages, Damage Feascent, De hors,
De novo, Domicile, Double Jeopardy, Endowment, Frivolous and Vexatious,
Heridatory, Juvenile Delinquency, Legum Baccalaureus, Lunatic,
reciprocal, Onerous, Pro bono Publico, Quid Pro Quo, Ratification, Rescind
Contract, Rule absolute, Rule Discharged, Sub Judis, Submission,
Subrogation, Testamentary, Tenure, Undue Influence, Vakalatnama,
Valuable Security, Verdict, Vicarious Liability, Viva voce, Void and
voidable,
Note : Above Legal Terms should be taught in the classrooms by explaining

their meaning used in various laws and practically demonstrated by
framing appropriate sentences.
Go To Contents
Module-1 QUESTIONS :
"Command over Latin legal terms is sine qua non every lawyer" Discuss this statement
taking into consideration the importance of Latin Legal Terms. (Oct-2013)
Explain in detail the meaning and significance of legal terms and legal phrases in the
field of law. (Nov-2014)
A lawyer can not effectively develop the art of drafting and art of oral advocacy
without proper knowledge of legal phrases and legal maxims. Discuss. (Jan-2016)
In order to become good lawyer or Researcher in law, the knowledge of legal terms
and legal maxims is inevitable Discuss. (Dec-2016)
Discuss : Plain language movement.
Mr X a football player of team PQR sustains injury while playing a match against the
players of team ABC. He files a suit to recover compensation against all players of team
ABC. Will he succeed? Answer with reasons and application of appropriate maxims.
-------> This is the first time such a question is asked. Work on similar issues.
Explain and frame sentence : Abandon. (Nov-2014)
Explain and frame sentence thereof : Abscond. (Jan-2016)
Explain the legal term and frame the sentence : Accord. (Oct-2013)
Explain : Accord. (Dec-2016)
Explain : Acquiscence. (Dec-2016).
Explain and frame sentence thereof : Ad-interim. (Jan-2016)
Explain : Ad interim. (Dec-2016)
Explain and frame sentence : Bonafide. (Nov-2014)
Explain : Bonafide. (Dec-2016)
Explain the legal term and frame the sentence : Caveat Emptor. (Oct-2013, Jan-2016)
Explain the legal term and frame the sentence : Capricious. (Oct-2013)
Explain and frame sentence thereof : Causes omissus. (Jan-2016)
Explain : Cypres.
Explain : Codicil.
Explain the legal term and frame the sentence : Coparencery. (Oct-2013)
Explain and frame sentence : Damage and damages. (Nov-2014)
Explain : Damage and Damages. (Dec-2016)
Explain : Damage Feascent.
Explain and frame sentence : De hors. (Nov-2014, Jan-2016)
Explain and frame sentence : De novo. (Nov-2014)
Explain : De novo. (Dec-2016)
Explain : Domicile.
Explain and frame sentence : Double jeopardy. (Nov-2014)
Explain : Double Jeopardy. (Dec-2016)
Explain : Endowment.
Explain the legal term and frame the sentence : Frivolous and Vexatious. (Oct-2013)
Explain : Heridatory.
Explain : Juvenile Delinquency.
Explain and frame sentence : Legum Baccalaureus. (Nov-2014, Jan-2016)
Explain and frame sentence : Lunatic. (Nov-2014)
Explain : Reciprocal.
Explain the legal term and frame the sentence : Onerous. (Oct-2013)
Explain : Pro Bono Publico. (Dec-2016).
Explain and frame sentence thereof : Quid pro quo. (Jan-2016)
Explain : Quid Pro Quo. (Dec-2016)
Explain : Ratification.
Explain : Rescind Contract.

Explain the legal term and frame the sentence : Rule absolute. (Oct-2013)
Explain : Rule Discharged.
Explain the legal term and frame the sentence : Sub iudice. (Oct-2013, Jan-2016)
Explain : Submission.
Explain : Subrogation.
Explain the legal term and frame the sentence : Testamentary. (Oct-2013)
Explain : Tenure.
Explain : Undue Influence.
Explain : Vakalatnama.
Explain and frame sentence : Valuable security. (Nov-2014)
Explain and frame sentence thereof : Verdict. (Jan-2016)
Explain the legal term and frame the sentence : Vicarious Liability. (Oct-2013, Nov-
2014, Jan-2016)
Explain : Viva voce.
Explain : Void and Voidable. (Dec-2016).
Go To Contents
Module-1 ANSWERS :
"Command over Latin legal terms is sine qua non every lawyer" Discuss this statement
taking into consideration the importance of Latin Legal Terms. (Oct-2013)
Explain in detail the meaning and significance of legal terms and legal phrases in the
field of law. (Nov-2014)
A lawyer can not effectively develop the art of drafting and art of oral advocacy
without proper knowledge of legal phrases and legal maxims. Discuss. (Jan-2016)
In order to become good lawyer or Researcher in law, the knowledge of legal terms
and legal maxims is inevitable Discuss. (Dec-2016)
ANSWER :
Refer :
https://en.wikipedia.org/wiki/Indo-European_languages
http://www.caaa.in/Image/Interpretation%20of%20Statutes.pdf by CA. Rajkumar
S. Adukia
Latin in Legal Writing: An Inquiry into the Use of Latin in the Modern Legal World
By Peter R. Macleod - http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?
article=2089&context=bclr
Lexica iuridica in Juridica: Latin Terms as a Reflection of Europanisation of Estonian

Legal Culture - By Merike Ristikivi - http://www.juridicainternational.eu/?id=12680
Introduction :
Latin language (Lingua Latina) is an Italic language originally spoken in Latium
(modern Lazio, Rome). The Italic subfamily is a European language, which include,
Latin and the modern Romance languages (French etc.);
Germanic languages (English, German, Swedish etc.);
Slavic languages (Russian, Polish, Czech etc.);
Baltic languages of Latvian and Lithuanian;
Celtic languages (Welsh, Irish Gaelic etc.); and
Greek.
Latin has always had a special role to play in the Western legal tradition. In recent
decades, Latin juridical terminology has gradually been growing more important as
regards understanding and communication between lawyers representing different
languages and legal systems. It is also observed that the use of Latin expressions
facilitates unifying various judicial system and makes juridical literature
internationally understandable. However, in no way do such Latin words and
expressions minimise the importance of developing and using legal terminology in
our native language; on the contrary, these terms enrich the language of the law.
Evolution of Latin :
Latin is the language of the ancient romans. In the 5th century BC, Latin was just
one of many Italic languages spoken in central Italy.
Within Italy, Latin was the language of the area known as Latium (modern Lazio),
and Rome was one of the towns of Latium.
The earliest known inscriptions in Latin date from the 6th century BC and were
written using an alphabet adapted from the Etruscan alphabet.
Rome gradually expanded its influence over other parts of Italy and then over other
parts of Europe. Eventually the Roman Empire stretched across a wide swathe of
Europe, North Africa and the Middle East. Latin was used throughout the empire as
the language of law, administration and increasingly as the language of everyday
life.
Literacy was common among Roman citizens and the works of great Latin authors
were read by many.
Meanwhile in the eastern Mediterranean, Greek remained the lingua franca and
well-educated Romans were familiar with both languages.
The language used in much early Latin literature, classical Latin, differed in many
ways from colloquial spoken Latin, known as vulgar Latin.
Over the centuries the spoken varieties of Latin continued to move away from the
literary standard and eventually evolved into the modern Italic/ Romance
languages (Italian, French, Spanish, Portuguese, Romanian, Catalan, etc).
Even after the collapse of the western Roman Empire in 476 AD, Latin continued to
be used as a literary language throughout western and central Europe. An
enormous quantity of medieval Latin literature was produced in a variety of
different styles ranging from the scholarly works of Irish and Anglo-Saxon writers
to simple tales and sermons for a wider audience.
During the 15th century, Latin began to lose its dominant position as the main
language of scholarship and religion throughout Europe. It was largely replaced by
written versions of the vernacular languages of Europe, many of which are
descendants of Latin or have been heavily influenced by it.
Modern Latin was used by the Roman Catholic Church until the mid 20th century
and is still used to some extent, particularly in the Vatican City, where it is one of
the official languages. Latin terminology is still used extensively in Statutes.
Latin alphabet : The Romans used just 23 letters to write Latin: A B C D E F G H I
KLMNOPQRSTVXYZ.
There were no lower case letters, I and V could be used as both vowels and
consonants, and K, X, Y and Z were used only for writing words of Greek origin.
The letters J, U and W were added to the alphabet at a later stage to write
languages other than Latin. J is a variant of I. U is a variant of V. W was
originally a doubled v (vv) and was first used by scribes writing Old English
during the 7th century AD.
Desirable Characteristics of a Maxim :
Examining the contexts in which Latin terms occur in the writings of contemporary
lawyers, we must remember that denoting a legal concept is not so unconstrained
as is the case with other terms. Legal terms must be precise, effective, and clear.
Legal terms must derive from the legal context and constitute the vocabulary of
legal language. The terms in legal texts must convey accurately and wholly the
content and meaning of the notions they represent.
Importance of Latin legal Maxims : WHY Latin legal maxims ? : Absoluta sententia
expositorsnon indiget (When language of law is clear, no explanation of it is required).
Why does the legal community continue to use Latin, when the study of Latin (in
western countries) in schools is decreasing and when the Roman Catholic Church
has largely stopped using Latin ? The answer could lie in the special position that
legal language has in our society. Let us discuss some of the influences that make
language in the law different from language in other areas of society.
What has an influence on legal language, what causes it to change or remain
unchanged. Both internal and external influences affect the language people in the
legal community use. On the one hand, lawyers, judges and professors discuss
subjects that only exist in the legal world. On the other hand, Latin also creates a
barrier that prevents non-lawyers from easily entering the community. To enter the
legal world, non-lawyers must learn the language. Thus, both efficiency and
community identity influence the language of lawyers.
The Norman conquest in 1066 placed French-speaking Normans in virtually all
important positions in England; French thus became the language of power.
Virtually all English words relating to government are originally French. The
Normans initially used Latin rather than French as a written language of the law.
Throughout this period, Latin continued to be used as a legal language. It came to
be known as "Law Latin," and included various legal terms of French origin, as well
as English words when clerks did not know the Latin. Legal maxims, even today,
are often in Latin, which gives them a sense of heightened dignity and authority.
Names of writs (mandamus, certiorari) and terminology for case names (versus, ex
rel., etc.) are still in Latin, perhaps a reflection of the use of Latin for writs and
court records until the early 18th century.
Latin juridical terms are typically single words stem words or compound words.
In addition to nouns, also verbs, adjectives, pronouns, numerals, and adverbs are
used as terms. Latin terms are concise and economical, enabling one to convey a
notion that otherwise in ones native language might require a lengthy explanation.
One of the sources for enriching specialised vocabulary is borrowing words from
other languages. In law, Latin is a very useful source. In the course of time, the
bulk of Latin terms now used in the legal environment have developed on the basis
of Roman law. However, various important legal terms in Latin that are in current
usage also come from the Middle Ages or the modern age. Namely, the
development of law was based on Latin for centuries.
Substantive part of common law has its roots in "history" in the form of prior
decisions. A system based on precedent is by its nature backward-looking. The
legal community is thus constantly discussing ideas and concepts that began in the
past, sometimes in a different language. Some concepts in modern law began with
Anglo-Saxons, Romans or Normans, and the language of the law reflects these
influences. On the other hand conceptssuch as internet laware relatively new, a
product of later societies, and may bring new vocabulary to the law.
Thus, the language of the law may vary depending on where in legal history the
substantive subject originated.
In the late eighteenth and early nineteenth centuries, for example, "natural law"
played an important role in legal discourse. One major source of the principles of
natural law was Latin maxims because of their perceived ancient and durable
qualities. Members of the legal profession considered maxims to be the distilled
wisdom of law, stretching back to ancient times. The majority of legal maxims in
Common law were derived from the Romans. Thus, members of the legal
profession who believed in natural law used a language that reflected that belief.
The philosophical beliefs of a member of the legal profession may thus influence
that member's language.
The Latin phrases that judges continue to use are not just technical shorthand.
They are short phrases that often do not have a strong link to any area of law. The
influence of history on language may explain part of the continuing use of Latin.
Certainly, courts continue to rely on precedent in making decisions. Because the
courts use the reasoning of the prior courts in their decisions, they also sometimes
use their language.
The usage of Latin terms primarily depends on the historical development of the
particular area of law concerned. Latin terms often are used in articles on legal
theory, philosophy of law, criminal law, international law, succession, and the law
of obligations. In all of these areas, the body of terminology in use nowadays had
developed already in ancient times or evolved during the Middle Ages.
On the other hand, very few Latin terms or none at all are to be seen in articles
on labour law, family law, and business law. The development and study of
these fields has taken place mostly in the 20th century. Hence, there is very
little or no connection with Roman law, from which the greater part of Latin legal
terms originates.
A legal term might occur in legal language yet also be a word in the common
language, having a particular meaning. Expressions like ultima ratio, a priori, prima
facie, and de facto are of the kind used by lawyers in their general meaning but
also in a specific juridical sense.
Latin adds to the richness of writing. Using a Latin word is not necessarily more
accurate than using an English word. Neither is it necessarily redundant. Latin is a
symbol of legal profession. Latin adds to the mystery of the law. It adds to the
difficulty in accessing the law. It keeps the profession separate from other parts of
society, perhaps more now than it ever did.
Conclusions :
Law is a field where linguistic means of expression are of utmost importance. This
discipline operates directly through language; a word or expression acquires
juridical power in it.
The spread of Latin juridical terms in the contemporary world and the principles of
their usage depend on the conditions arising from historical development, the
linguistic economy of Latin terms, and their effectiveness in communication in the
field concerned. Occasionally, Latin expressions are also used for rhetorical and
illustrative purposes; in general, though, Latin terms as normative arguments
convey specific juridical information.
Go To Module-1 QUESTIONS
Go To Contents
Discuss : Plain language movement.

ANSWER :
<work on this>
Plain Language Association International (PLAIN)
Read full article at https://en.wikipedia.org/wiki/Plain_language
(This could be of interest to Sem-3 students in 207K Legal Terms Phrases & Maxims)
In North American industry, the plain language movement began in the 1970s when
First National City Bank (now Citibank ) launched the first plain language consumer
loan documents[citation needed]. Concerned about the large number of suits against
its customers to collect bad debts, the bank voluntarily made the decision to
implement plain language policies in 1973.[16] That same decade, the consumer-
rights movement won legislation that required plain language in contracts, insurance
policies, and government regulations. American law schools began requiring students
to take legal writing classes that encouraged them to use plain English as much as
possible and to avoid legal jargon, except when absolutely necessary. Public outrage
with the skyrocketing number of unreadable government forms led to the Paperwork
Reduction Act of 1980.
In 1972, the Plain Language Movement received practical political application, when
President Richard Nixon decreed that the "Federal Register be written in layman's
terms". On March 23, 1978, U.S. President Jimmy Carter signed Executive Order
12044, which said that federal officials must see that each regulation is "written in
plain English and understandable to those who must comply with it".[17] President
Ronald Reagan rescinded these orders in 1981, but many political agencies continued
to follow them. By 1991, eight states had also passed legislation related to plain
language. Plain Language Association International (PLAIN) was formed in 1993 as
the Plain Language Network. Its membership is international; it was incorporated as a
non-profit organization in Canada in 2008.[18][19] In June 1998, President Bill
Clinton issued a memorandum that called for executive departments and agencies to
use plain language in all government documents.[17] Vice President Al Gore
subsequently spearheaded a plain language initiative that formed a group called the
Plain Language Action Network (PLAIN) to provide plain language training to
government agencies.
21st century
PLAIN provided guidance to federal executive agencies when President Barack Obama
signed the Plain Writing Act of 2010, which required federal executive agencies to put
all new and revised covered documents into plain language.[27] The Act's sponsor,
U.S. Representative Bruce Braley, noted upon its passage that "The writing of
documents in the standard vernacular English language will bolster and increase the
accountability of government within America and will continue to more effectively
save time and money in this country.
Go To Contents
Mr X a football player of team PQR sustains injury while playing a match against the
players of team ABC. He files a suit to recover compensation against all players of team
ABC. Will he succeed? Answer with reasons and application of appropriate maxims. (Jan-
2016)
--> This is the first time such a question is asked. It gives an example and
expects student to identify+justify legal maxim. This is interesting.
ANSWER :
<work on this type of questions for all maxims>
Go To Contents
Explain and frame sentence : Abandon. (Nov-2014)

ANSWER :
v. to intentionally and permanently give up, surrender, leave, desert or relinquish
all interest or ownership in property, a home or other premises, a right of way, and
even a spouse, family, or children. The word is often used in situations to
determine whether a tenant has left his/her apartment and the property inside and
does not intend to come back. Thus, a landlord can take over an apparently
abandoned residence, but must store anything a tenant leaves behind and give
notice to the tenant before selling the possessions which are left. To abandon
children can mean to have no contact and give no support for a year or more.
Go To Contents
Explain and frame sentence thereof : Abscond. (Jan-2016)

ANSWER :
v. 1) traditionally to leave a jurisdiction (where the court, a process server or law
enforcement can find one) to avoid being served with legal papers or being
arrested. 2) a surprise leaving with funds or goods that have been stolen, as in "he
absconded with the loot."
Go To Contents
Explain the legal term and frame the sentence : Accord. (Oct-2013)
ANSWER :
n. an agreement to accept less than is legally due in order to wrap up the matter.
Once the accord and satisfaction is made and the amount paid (even though it is
less than owed) the debt is wiped out since the new agreement (accord) and
payment (the satisfaction) replaces the original obligation. It is often used by
creditors as "a bird in the hand is worth two in the bush" practicality.
Go To Contents
Explain : Acquiscence. (Dec-2016)

ANSWER :
n. an agreement to accept less than is legally due in order to wrap up the matter.
Once the accord and satisfaction is made and the amount paid (even though it is
less than owed) the debt is wiped out since the new agreement (accord) and
payment (the satisfaction) replaces the original obligation. It is often used by
creditors as "a bird in the hand is worth two in the bush" practicality.
Go To Contents
Explain and frame sentence thereof : Ad-interim. (Jan-2016)

Explain : Ad interim. (Dec-2016)
ANSWER :
The Latin phrase ad interim (abbr. ad int., literally "in the time between") means
"in the meantime" or "temporarily".
A diplomatic officer who acts in place of an ambassador is called charg d'affaires
ad interim.
Ad interim, if I may be pardoned that expression, I shall give you this betel-box,
which is highly valuable article and cost me two rupees only four years ago.
Kim by Rudyard Kipling
Go To Contents
Explain and frame sentence : Bonafide. (Nov-2014)

Explain : Bonafide. (Dec-2016)
ANSWER :
Good faith (Latin: bona fides) is fair and open dealing in human interactions. This is
often thought to require sincere, honest intentions or belief, regardless of the
outcome of an action. While some Latin phrases lose their literal meaning over
centuries, this is not the case with bona fides; it is still widely used and
interchangeable with its generally accepted modern day translation of good fait
Go To Contents
Explain the legal term and frame the sentence : Caveat Emptor. (Oct-2013, Jan-2016)
ANSWER :
(kah-vee-ott emptor) Latin for "let the buyer beware." The basic premise that the
buyer buys at his/her own risk and therefore should examine and test a product
himself/herself for obvious defects and imperfections. Caveat emptor still applies
even if the purchase is "as is" or when a defect is obvious upon reasonable
inspection before purchase. Since implied warranties (assumed quality of goods)
and consumer protections have come upon the legal landscape, the seller is held to
a higher standard of disclosure than "buyer beware" and has responsibility for
defects which could not be noted by casual inspection (particularly since modern
devices cannot be tested except by use and many products are pre-packaged).
Go To Contents
Explain the legal term and frame the sentence : Capricious. (Oct-2013)
ANSWER :
adjective, given to sudden and unaccountable changes of mood or behaviour. "a
capricious and often brutal administration"

synonyms: fickle, inconstant, changeable, variable, unstable, mercurial, volatile,
erratic, vacillating, irregular, inconsistent, fitful, arbitrary, impulsive,
temperamental, wild, ungovernable; whimsical, fanciful, flighty, wayward, quirky,
faddish, freakish; unpredictable, random, chance, haphazard
"the capricious workings of fate"
antonyms: stable, consistent
changing according to no discernible rules; unpredictable.
"a capricious climate"
Go To Contents
Explain and frame sentence thereof : Causes omissus. (Jan-2016)

ANSWER :
Latin. Case omitted. A legal issue or situation not governed by statutory or
administrative law or by the terms of a contract. The resolution of any legal dispute
arising from such an issue or situation is governed by the case law or, if it is a case
of first impression, by whatever guidance the court finds in the common law.
CASUS OMISSUS PRO OMISSO HABENDUS EST Words or phrases may be supplied
in a law to eliminate repugnancy, inconsistencies, to complete the sense, give
effect to the intention of the legislature, to supply omissions because of clerical
errors because of accident or inadvertence.
This rule is necessary to prevent the law from becoming a nullity. (Hazelrigg vs.
Penitentiary Comrs. 184 Ark. 154; Am. Jur., p. 233). But, in general, what has
been omitted is deemed to have been done so intentionally. The maxim can
operate only when the inadvertent omission has been clearly established.
Go To Contents
Explain : Cypres.
ANSWER :

Go To Contents
Explain : Codicil.
ANSWER :

Go To Contents
Explain the legal term and frame the sentence : Coparencery. (Oct-2013)
ANSWER :
noun. English Law. A person who shares equally with others in the inheritance of
an undivided estate or in the rights to it (in the UK now as equitable interests).
'The proposed amendment now attempts to make daughters coparceners at birth
in ancestral property.'
Go To Contents
Explain and frame sentence : Damage and damages. (Nov-2014)

Explain : Damage and Damages. (Dec-2016)
ANSWER :
Damage is defined as a loss or harm resulting from injury to a person, property or
reputation.
Damages, on the other hand, refers to compensation - such as a monetary
judgment - provided to a person who has suffered a loss or harm due to the
unlawful act or omission of another. The person at fault - the one who caused the
loss or harm - must compensate (or pay) the injured party for his or her losses, i.e.
he must pay his damages for the damage he caused.
Go To Contents
Explain : Damage Feascent.

ANSWER :
Go To Contents
Explain and frame sentence : De hors. (Nov-2014, Jan-2016)

ANSWER :
L. Fr. Out of; without; beyond ; foreign to; unconnected with. Dehors the record;
foreign to the record. 3 Bl. Comm. 387.
Out of; without. By this word is understood something out of the record,
agreement, will, or other thing spoken of; something foreign to the matter in
question.
Go To Contents
Explain and frame sentence : De novo. (Nov-2014)

Explain : De novo. (Dec-2016)
ANSWER :
From Latin, meaning from the new. When a court hears a case de novo, it is
deciding the issues without reference to the legal conclusions or assumptions made
by the previous court to hear the case. as if it had not been previously heard nor
decided.
An appeals court hearing a case de novo may refer to the trial courts record to
determine the facts, but will but rule on the evidence and matters of law without
giving deference to that courts findings. A trial court may also hear a case de novo
following the appeal of an arbitration decision
Go To Contents
Explain : Domicile.
ANSWER :

Go To Contents
Explain and frame sentence : Double jeopardy. (Nov-2014)

Explain : Double Jeopardy. (Dec-2016)
ANSWER :
Double jeopardy is a procedural defence that forbids a defendant from being tried
again on the same (or similar) charges in the same case following a legitimate
acquittal or conviction. In common law countries, a defendant may enter a
peremptory plea of autrefois acquit or autrefois convict (autrefois means "in the
past" in French), meaning the defendant has been acquitted or convicted of the
same offence and hence that they cannot be retried under the principle of double
jeopardy
Go To Contents
Explain : Endowment.
ANSWER :

Go To Contents
Explain the legal term and frame the sentence : Frivolous and Vexatious. (Oct-2013)
ANSWER :
frivolous - Of minimal importance; legally worthless.
A frivolous suit is one without any legal merit. In some cases, such an action
might be brought in bad faith for the purpose of harrassing the defendant. In
such a case, the individual bringing the frivolous suit might be liable for damages
for Malicious Prosecution.
A frivolous appeal is one that is completely lacking merit, since no review able
question has been raised therein.
An answer or plea is called frivolous when it is clearly insufficient on its face,
and does not controvert the material points of the opposite pleading, and is
presumably interposed for mere purposes of delay or to embarrass the plaintiff
Vexatious -
Causing or tending to cause annoyance, frustration, or worry.

Law Denoting an action or the bringer of an action that is brought without
sufficient grounds for winning, purely to cause annoyance to the defendant.
a frivolous or vexatious litigant
the vexatious questions posed by software copyrights
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Explain : Heridatory.
ANSWER :

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Explain : Juvenile Delinquency.

ANSWER :

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Explain and frame sentence : Legum Baccalaureus. (Nov-2014, Jan-2016)

ANSWER :
Refer :
http://latindictionary.wikidot.com/noun:lex
https://en.wikipedia.org/wiki/Bachelor's_degree
https://en.wikipedia.org/wiki/Bachelor_of_Laws
What is meant by LL.B. / L.L.B. - Legum Baccalaureus - Bachelor of Laws -
abbreviation - full form - meaning - acronym
correct - LL.B.
false - L.L.B.
LL.B. is Latin abbreviation for "Legum Baccalaureus".
"Bachelor of Laws" is the correct English translation

"Lex" in Latin is equivalent to "Law" in English
"Baccalaureus" in Latin is equivalent to "Bachelor's degree" in English
Genitive plural for 'Lex' in latin language is 'Legum'

In latin language plural term is often abbreviated by doubling the first letter of
singular term (e.g. "pp" for "pages"),
Thus "LL.B." stands for Legum Baccalaureus in Latin.

Other full forms of LL.B. like "Bachelor of Legal Letters" or "Bachelor of Legislative
Law" are incorrect.
In India, LL.B. is a first professional degree in law
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Explain and frame sentence : Lunatic. (Nov-2014)

ANSWER :
A now-disused term of the common law to refer to a person suffering from a
disabling mental disorder. The term lunacy comes form the French word for
moon, lune and is taken from the old belief that the moon was responsible for all
disorders of the mind.
One who has had an understanding, but who, by disease, grief, or other accident,
has lost the use of his reason. A lunatic is properly one who has had lucid intervals,
sometimes enjoying his senses, and sometimes not.
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Explain : Reciprocal.
ANSWER :

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Explain the legal term and frame the sentence : Onerous. (Oct-2013)
ANSWER :
A near synonym is burdensome. In legal usage, onerous describes a contract or
lease that has more obligations than advantages. Onerous derives from Middle
English, from Old French onereus, from Latin onersus, from onus "burden." In
English, an onus is a task or duty that is onerous, or very difficult.
A contract, lease, share, or other right is said to be onerous when the obligations
attaching to it counter-balance or exceed the advantage to be derived from it,
either absolutely or with reference to the particular possessor.
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Explain : Pro Bono Publico. (Dec-2016)

ANSWER :

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Explain and frame sentence thereof : Quid pro quo. (Jan-2016)

Explain : Quid Pro Quo. (Dec-2016)
ANSWER :
something in exchange for something else
[Latin, What for what or Something for something.] The mutual consideration that
passes between two parties to a contractual agreement, thereby rendering the
agreement valid and binding.
In common usage, quid pro quo refers to the giving of one valuable thing for
another. Quid pro quo has the same meaning in the law but with varying
implications in different contexts.
Quid pro quo, or the exchange of valuable consideration, is required for the
formation of a valid contract between individuals who are not merchants. This
requirement of mutual consideration, or the exchange of something of value,
indicates the sincerity of the parties' intent to adhere to the contract between
them.
Example of its use: "What is the quid pro quo for my entering into this deal?"
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Explain : Ratification.
ANSWER :

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Explain : Rescind Contract.

ANSWER :

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Explain the legal term and frame the sentence : Rule absolute. (Oct-2013)
ANSWER :
a rule that will enforce without delay, a peremptory rule. issued by a court when a
litigant fails to show sufficient cause why an order shouldn't be carried out.
decree nisi (rule nisi) : A decree nisi or rule nisi (from Latin nisi, meaning "unless")
is a court order that does NOT have any force unless a particular condition is met.
decree absolute (rule absolute) : However, once the condition is met, the ruling
becomes a decree absolute (rule absolute), and is binding.
Typically, the condition is that an adversely affected party fail to provide
satisfactory evidence or argument that the decree should not take effect (i.e. the
decree takes effect unless the party shows that it shouldn't).
For that reason, a decree nisi may also be called a rule, order or decree to show
cause.
Using the example of a divorce, the wording of such a decree is generally in the
form of "that the marriage, had and solemnized on (date) between AB and CD, be
dissolved by reason that (grounds) UNLESS sufficient cause be shown to the court
why this decree should not be made absolute within six weeks of the making
hereof". This allows time for any party who objects to the divorce to come forward
with those objections.
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Explain : Rule Discharged.

ANSWER :

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Explain the legal term and frame the sentence : Sub iudice. (Oct-2013, Jan-2016)
ANSWER :
Latin-under a judge. A matter or case that is before a judge or court for
determination.
In law, sub judice, Latin for "under judgment", means that a particular case or
matter is under trial or being considered by a judge or court. The term may be
used synonymously with "the present case" or "the case at bar" by some lawyers.
In UK, India, and other commonwealth countries it may be considered
inappropriate to comment publicly on cases sub judice, which can be an offence in
itself, leading to contempt of court proceedings. This is particularly true in criminal
cases, where publicly discussing cases sub judice may constitute interference with
due process.
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Explain : Submission.
ANSWER :

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Explain : Subrogation.
ANSWER :

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Explain the legal term and frame the sentence : Testamentary. (Oct-2013)
ANSWER :
Testamentary means related to a will. One appointed by will or testament may
receive letters testamentary, authorizing them to distribute the assets. A
testamentary trust is a trust created by the provisions in a will.
A person must have the mental competency to execute a will at the time the will
was signed and witnessed. In a will contest, the issue of the decedent's lack of
testamentary capacity is often argued. To have testamentary capacity, the author
of the will must understand the nature of making a will, have a general idea of
what he/she possesses, and know who are members of the immediate family or
other "natural objects of his/her bounty." A person lacking testamentary capacity
may be pressured into making a bequest by undue influence.
An individual is said to have testamentary capacity to make a will when that person
has sufficient mental ability to comprehend what he or she is doing, the nature and
extent of his or her property, the natural objects (which means appropriate persons
or recipients) of his or her bounty, and the interrelationships among these three
concepts.
Generally, a Letter of Testamentary, along with a legally binding death certificate,
are the two documents youll need to do the real estate transactions, banking, and
asset distribution you were appointed to do.
Often, youll need to take the official will, also known as a last will and testament,
and death certification to your city hall or a local court to obtain one. Also, know
that banks and other institutions will sometimes want to keep your Letter of
Testamentary, so make sure you get multiple certified copies, just in case.
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Explain : Tenure.
ANSWER :
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Explain : Undue Influence.

ANSWER :

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Explain : Vakalatnama.
ANSWER :

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Explain and frame sentence : Valuable security. (Nov-2014)

ANSWER :
Sec-30 of IPC Indian Penal Code
30. The words "valuable security" denote a document which is, or purports to
be, a document whereby any legal right is created, extended, transferred,
restricted, extinguished or released, or whereby any person acknowledges that
he lies under legal liability, or has not a certain legal right.
Illustration
A writes his name on the back of a bill of exchange. As the effect of this
endorsement is to transfer the right to the bill to any person who may become
the lawful holder of it, the endorsement is a "valuable security".
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Explain and frame sentence thereof : Verdict. (Jan-2016)
ANSWER :
The formal decision or finding made by a jury concerning the questions submitted
to it during a trial. The jury reports the verdict to the court, which generally
accepts it.
The decision of a jury is called a verdict. A jury is charged with hearing the
evidence presented by both sides in a trial, determining the facts of the case,
applying the relevant law to the facts, and voting on a final verdict. There are
different types of verdicts, and the votes required to render a verdict differ
depending on whether the jury hears a criminal or civil case.
Though most verdicts are upheld by the judge presiding at the trial, the judge has
the discretion to set aside a verdict in certain circumstances.
A judgment by a judge sitting without a jury is not a verdict.
A general verdict is the most common form of verdict. It is a comprehensive
decision on an issue. In civil cases the jury makes a decision in favor of the plaintiff
or the defendant, determining liability and the amount of money damages. In
criminal cases the jury decides "guilty" or "not guilty" on the charge or charges
against the defendant. In cases involving a major crime the verdict must be
unanimous. In minor criminal cases, however, some states allow either a majority
vote or a vote of 10 to 2. In civil cases many states have moved away from the
unanimity requirement and now allow votes of 10 to 2.
A "special verdict" is a decision by the jury on the factual questions in the case,
leaving the application of the law to those facts to the judge, who makes the final
judgment.
A "directed verdict" is a decision following an instruction by the judge that the
jury can only bring in a specific verdict ("based on the evidence you must bring in a
verdict of 'not guilty'").
A "chance verdict" (decided by lot or the flip of a coin),
A "compromise verdict" (based on some jurors voting against their beliefs to
break a deadlock), and
A "quotient verdict" (averaging the amount each juror wants to award) are all
improper and will result in a mistrial (having the verdict thrown out by the judge)
or is cause for reversal of the judgment on appeal.
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Explain the legal term and frame the sentence : Vicarious Liability. (Oct-2013, Nov-
2014, Jan-2016)
ANSWER :
Vicarious liability is a form of a strict, secondary liability that arises under the
common law doctrine of agency, respondeat superior, the responsibility of the
superior for the acts of their subordinate or, in a broader sense, the responsibility
of any third party that had the "right, ability or duty to control" the activities of a
violator. It can be distinguished from contributory liability, another form of
secondary liability, which is rooted in the tort theory of enterprise liability.
It is a tort doctrine that imposes responsibility upon one person for the failure of
another, with whom the person has a special relationship (such as Parent and
Child, employer and employee, or owner of vehicle and driver), to exercise such
care as a reasonably prudent person would use under similar circumstances.
The doctrine that assigns liability for an injury to a person who did not cause the
injury but who has a particular legal relationship to the person who did act
negligently. It is also referred to as imputed Negligence. Legal relationships that
can lead to imputed negligence include the relationship between parent and child,
Husband and Wife, owner of a vehicle and driver, and employer and employee.
Ordinarily the independent negligence of one person is not imputable to another
person.
Other theories of liability that are premised on imputed negligence include the
Respondeat Superior doctrine and the family car doctrine.
The doctrine of respondeat superior (Latin for "let the master answer") is based on
the employer-employee relationship. The doctrine makes the employer responsible
for a lack of care on the part of an employee in relation to those to whom the
employer owes a duty of care. For respondeat superior to apply, the employee's
negligence must occur within the scope of her employment.
The employer is charged with legal responsibility for the negligence of the
employee because the employee is held to be an agent of the employer. If a
negligent act is committed by an employee acting within the general scope of her
or his employment, the employer will be held liable for damages. For example, if
the driver of a gasoline delivery truck runs a red light on the way to a gas station
and strikes another car, causing injury, the gasoline delivery company will be
responsible for the damages if the driver is found to be negligent. Because the
company will automatically be found liable if the driver is negligent, respondeat
superior is a form of Strict Liability.
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Explain : Viva voce.
ANSWER :

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Explain : Void and Voidable. (Dec-2016)

ANSWER :

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Module - 2) Legal Maxims :

2.1) Meaning and importance of Legal Maxims
2.2) Legal Maxims :
2.2.1) Actio Personalis Moritur cum Persona
2.2.2) Actus Non Facit, Reum, Nisi Mens Sit Sea
2.2.3) Delegates non potest delegare
2.2.4) Damnum Sine Injuria Esse Potest
2.2.5) Delegatus Non Potest Delegate
2.2.6) Ex Nudo Pacto Non Oritur Actio
2.2.7) Ex Turpi Causa Non Oritur Actio
2.2.8) Falsus In Uno Falsus In Omnibus
2.2.9) Ignorantia Facit Excusact Ignorantia Juris Non Excusat (Ignorance
Legis Neminem Excusant)
2.2.10) In Jure Non Remota Causa, Sed Proxima Spectatus
2.2.11) Injuria Sine Damno
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Discuss with relevant cases : Actio personalis moritur cum persona. (Nov-2014)
Discuss the Legal Maxims with relevant cases : Acto personalis Moritur cum persona.
(Oct-2013)
Discuss with relevant cases : Acto personalis moritur cum persona. (Dec-2016)
Discuss : Actus Non Facit, Reum, Nisi Mens Sit Sea.
Discuss : Delegates non potest delegare.
Discuss the Legal Maxims with relevant cases : Damnum sine Injuria Esse Potest.
(Oct-2013, Nov-2014, Jan-2016)
Discuss with relevant cases : Demnum sine injuria. (Dec-2016)
Discuss with relevant cases : Delegates non protest delegare. (Nov-2014)
Discuss with relevant cases : Delegatus non potest delegate. (Jan-2016)
Discuss the Legal Maxims with relevant cases : Ex Nudo Pacto non Oritur Actio. (Oct-
2013)
Discuss : Ex Turpi Causa Non Oritur Actio.
Discuss with relevant cases : Falsus in uno falsus in omnibus. (Jan-2016)
Discuss with relevant cases : Falsus in uno falsus in omnibus. (Dec-2016)
Discuss the Legal Maxims with relevant cases : Innoratia Facit Excusact, Ignoratia
juris Non Excusat. (Oct-2013, Nov-2014)
Discuss with relevant cases : Ignoratia facit excusact, Ignoratia juris non excusact.
(Dec-2016)
Discuss : In Jure Non Remota Causa, Sed Proxima Spectatus.
Explain the following legal maxim along With the relevant eases : Injuria sine
Demno". (Oct-2013)
Discuss with relevant cases : Injuria dine damno. (Jan-2016)
Discuss with relevant cases : Injuria sine demno. (Dec-2016)
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Module-2 ANSWERS :
Discuss with relevant cases : Actio personalis moritur cum persona. (Nov-2014)
Discuss the Legal Maxims with relevant cases : Acto personalis Moritur cum persona.
(Oct-2013)
Discuss with relevant cases : Acto personalis moritur cum persona. (Dec-2016)
ANSWER :
Actio personalis moritur cum persona is a Latin expression meaning a personal action
dies with the person. (Santos vs. Secretary of Labor, L-21624, 27 Feb. 1968; 22
SCRA 850).
Effect of the maxim :
Some legal causes of action can survive the death of the claimant or plaintiff, for
example actions founded in contract law. However, some actions are personal to
the plaintiff, defamation of character being one notable example. Therefore, such
an action, where it relates to the private character of the plaintiff, comes to an end
on his death, whereas an action for the publication of a false and malicious
statement which causes damage to the plaintiff's personal estate will survive to the
benefit of his or her personal representatives.
The principle also exists to protect the estate and executors from liability for strictly
personal acts of the deceased, such as charges for fraud.
Origins of the maxim :
It has been argued by academics and acknowledged by the Courts that
notwithstanding the Latinate form in which the proposition is expressed its origins
are less antiquated. It has been described by one Lord Chancellor (Viscount Simon)
as :
...not in fact the source from which a body of law has been deduced, but a
confusing expression, framed in the solemnity of the Latin tongue, in which the
effect of death upon certain personal torts was inaccurately generalised.
The general rule of the common law is that if an injury were done either to the person
or to the property of another for which unliquidated damages only could be recovered
in satisfaction, the action died with the person to whom, or by whom, the wrong was
done."
The effect of the maxim was described by Justice Brewer of the Supreme Court of the
United States in the 1897 case, Stewart v Baltimore and Ohio Railroad Company :
"A negligent act causing death is in itself a tort, and, were it not for the rule
founded on the maxim actio personalis moritur cum persona, damages therefor
could have been recovered in an action at common law."
A maxim stating that actions of tort or contract are destroyed by the death of either
the injured or the injuring party. Modern statutes mean that this is rarely the
case. ie in contemporary world, ONLY such actions, which relates to the private
character of the plaintiff, comes to an end on his death. Other actions survive the
death.
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Discuss : Actus Non Facit, Reum, Nisi Mens Sit Sea.

ANSWER :

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Discuss : Delegates non potest delegare.

ANSWER :

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Discuss the Legal Maxims with relevant cases : Damnum sine Injuria Esse Potest.
(Oct-2013, Nov-2014, Jan-2016)
Discuss with relevant cases : Demnum sine injuria. (Dec-2016)

ANSWER :
"Damnum sine Injuria Esse Potest" is a Latin maxim which, in simple language
means, "there may be damage or injury inflicted without any wrong being done"
The principle that a claimant who has suffered damage in consequence of the act of
another may not be entitled to recover compensation because the defendant's act
was not in law wrongful.
"Damnum sine injuria" is a Latin maxim which means damage without (sine) legal
injury.
When there is an actual damage caused to the plaintiff without an infringement of
his legal right, no action lies against the defendant.
In order to make someone liable in tort, plaintiff must prove that he has sustained
legal injury, because damage without injury is not actionable in the law of torts.
Example :
A sets up a rival school opposite to Bs school with a low fee structure as a result
of which students from Bs school flocked to As school thereby causing a huge
financial loss to A. This act of A is not actionable in law of torts since it did not
lead to the violation of any legal right of the plaintiff although he has sustained
financial loss.
In Mayor of Bradford v Pickles [1895] AC 587 (HL) the House of Lords refused to
intervene against a landowner who, annoyed by the refusal of a municipal
authority to purchase his plot in connection with a water-supply scheme,
intercepted underground water percolating in undefined channels through his
land to an area owned by the corporation. The landowner committed no breach
of the law in acting as he did so; although the municipal authority suffered
damage (to their water supply) they did not suffer a wrong in law.
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Discuss with relevant cases : Delegates non protest delegare. (Nov-2014)

Discuss with relevant cases : Delegatus non potest delegate. (Jan-2016)
ANSWER :
Delegata potestas non potest delegari is a principle in constitutional and
administrative law that means that "no delegated powers can be further
delegated", UNLESS there is an explicit authorization for sub-delegation in the
original delegation.
Alternatively, it can be stated delegatus non potest delegare ("one to whom
power is delegated cannot himself further delegate that power").

The principle is present in several jurisdictions such as that of the United States,
the United Kingdom and India as well as in Catholic canon law. In India, the law
was first stated in A K ROY v. State Of Punjab, (1986) 4 SCC 326, that sub
delegation of delegated power is ultra vires to the Enabling Act.
An agent cannot delegate his authority. A principal (except by his own assent) is
not bound by the acts or contracts of subagents unless they be of necessity, or in
accordance with the usual custom of trade.
The maxim is an administrative tool to prevent the circle of excessive delegation of
powers.
Example : If power to conduct elections has been delegated to Election
Commission, the Election Commission can not delegated such power to other
agencies. EC can not even make a committee within itself and delegate power to
conduct election to such a committee, UNLESS there is explicit authorization in
original delegation.
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Discuss the Legal Maxims with relevant cases : Ex Nudo Pacto non Oritur Actio. (Oct-
2013)
ANSWER :
http://lex-warrier.in/2015/04/ex-nudo-pacto-non-oritur-actio/
The maxim "ex nudo pacto non oritur actio" means, No action arises from a nude
contract (ie a contract without consideration). Since consideration is the founding
platform to a contract, a contract without consideration is void.
The concept of consideration is the most basic and essential feature of a valid
contract. Consideration is based on the phrase, quid pro quo. Consideration
basically means something in return for the promise made by the offeror. A
valuable consideration in the sense of the law may consist of some right, interest,
forbearance, detriment, loss or responsibility, given, suffered or undertaken by the
other.
Exceptions :
As per Section 25 of Indian Contract Act, an agreement without any
consideration is declared to be void, BUT there are some exceptions in this rule,
in which an agreement is enforceable even though they are made without
consideration. For instance, contracts made out of love and affection is one
instance wherein consideration is not required. Thus with regard to contracts
based on love and affection, the maxim does not hold valid.
Even in cases involving promises to pay time barred debts since no consideration
is required, the maxim ex nudo pacto non oritur actio does not stand validated.
Though these exceptions are present, consideration is still the very basis on which
a contract is formed. Without consideration, a contract becomes naked. It is the
concept of consideration that brings life to a contract and makes it actionable
before the court of law.
Thus, the maxim ex nudo pacto non oritur actio is one of the key elements looked
by the court while deciding cases pertaining to contracts.
Example : In the case of S. Parameswari vs. Balasubramanian2, the court held that
in this case there was no breach of contract by the defendant , since the plaintiff
could not prove consideration from her side. Since, there was no consideration
from the side of the plaintiff, the contract was declared void.
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Discuss : Ex Turpi Causa Non Oritur Actio.

ANSWER :

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Discuss with relevant cases : Falsus in uno falsus in omnibus. (Jan-2016)

Discuss with relevant cases : Falsus in uno falsus in omnibus. (Dec-2016)
ANSWER :
http://www.legalblog.in/2010/11/trustworthy-evidence-doctrine-of-falsus.html
Latin maxim Falsus in uno falsus in omnibus means, False in one thing false in
all. Once a knave (dishonest or unscrupulous man) always a knave.
It is the legal principle that a witness who testifies falsely about one matter is not
credible to testify about any matter. Although many common law jurisdictions have
rejected a categorical application of the rule, the doctrine has survived in some
American courts
Criticism : Many legal scholars have criticized the continued use of the "discredited
doctrine" because witnesses "are prone to fudge, to fumble, to misspeak, to
misstate, to exaggerate," few trials would reach a judgment if "any such pratfall
warranted disbelieving a witness's entire testimony.
Indian case-law : The maxim is not strictly applicable to India. In Ugar Ahir & Ors.
v. State of Bihar, AIR 1965 SC 277, Hon Supreme Court held as under :- "The
maxim falsus in uno, falsus in omnibus (false in one thing, false in every thing) is
neither a sound rule of law nor a rule of practice. Hardly one comes across a
witness whose evidence does not contain a grain of untruth or at any rate
exaggerations, embroideries or embellishments. It is, therefore, the duty of the
court to scrutinise the evidence carefully and, in terms of the felicitous metaphor,
separate the grain from the chaff. But, it cannot obviously disbelieve the
substratum of the prosecution case or the material parts of the evidence and
reconstruct a story of its own out of the rest."
Justice B S Chauhan of the Supreme Court has also recently dealt with the maxim
'Falsus in Uno, Falsus in Omnibus', and held that the said maxim is not applicable
to India.
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Discuss the Legal Maxims with relevant cases : Ignoratia Facit Excusact, Ignoratia
juris Non Excusat. (Oct-2013, Nov-2014)
Discuss with relevant cases : Ignoratia facit excusact, Ignoratia juris non excusact.
(Dec-2016)
ANSWER :
Latin maxim "Ignorantia Facti Excusat, Ignorantia juris Non Excusat" means
"Ignorance of fact excuses, ignorance of law does not excuse". Ignorance of law is
not a bliss, because the law says "you do know what you don't know"!
Ignorantia juris non excusat (ignorance of the law does not excuse) --- A legal
principle whereby ignorance of a law does not allow one to escape liability. All
citizens are required to know the law.
Note : "Laws are instituted when they are promulgated". The doctrine assumes that
the law in question has been properly promulgatedpublished and distributed, for
example, by being printed in a government gazette, made available over the
internet, or printed in volumes available for sale to the public at affordable prices.
Rational : The rationale of the doctrine is that if ignorance were an excuse, a
person charged with criminal offenses or a subject of a civil lawsuit would merely
claim that he or she is unaware of the law in question to avoid liability, even if that
person really does know what the law in question is. Thus, the law imputes
knowledge of all laws to all persons within the jurisdiction no matter how
transiently. Even though it would be impossible, even for someone with substantial
legal training, to be aware of every law in operation in every aspect of a state's
activities, this is the price paid to ensure that willful blindness cannot become the
basis of exculpation.
In criminal jurisprudence, it is not required to prove that the accused knew that he
was committing a criminal offence. It has always been accepted as an axiomatic
principle that ignorance of the law is no excuse. A person who is unaware of a law
may not escape liability for violating that law merely because he or she was
unaware of its content.
Ignorantia Facti Excusat : In India as well as many other jurisdictions, courts tend
not to adversely conclude on the basis of ignorance of facts. However, here also
outcome is critically dependent upon specific case details.
Case-law : In the criminal law, although ignorance may not clear a defendant of
guilt, it can be a consideration in sentencing, particularly where the law is unclear
or the defendant sought advice from law enforcement or regulatory officials. For
example, in one Canadian case, a person was charged with being in possession of
gambling devices after they had been advised by customs officials that it was legal
to import such devices into Canada.[4] Although the defendant was convicted, the
sentence was an absolute discharge.
Go To Contents
Discuss : In Jure Non Remota Causa, Sed Proxima Spectatus.

ANSWER :

Go To Contents
Explain the following legal maxim along With the relevant eases : Injuria sine
Demno". (Oct-2013)
Discuss with relevant cases : Injuria dine damno. (Jan-2016)
Discuss with relevant cases : Injuria sine demno. (Dec-2016)
ANSWER :
http://lex-warrier.in/2015/04/injuria-sine-damno/
"Injuria Sine Damno" is used in law of torts and is related to damages. This maxim
says that in the law of torts the infringement of right is itself considered as damage
and there is no need to prove that an actual damage is caused.
The meaning of the above maxim is infringement of an absolute private right

without any actual loss or damage. Here the actual damage means physical loss in
terms of money, comfort, health, etc.
Actions lies against a defendant who causes legal injury even when there is no
actual damage. This implies an infringement of the legal rights of a person without
any actual loss. Since there is an infringement of legal right of a person, right to
sue for a remedy is available against the wrongdoer regardless of the fact whether
any actual loss is sustained or not.
To make it clear whenever a person has sustained what the law calls as injury he
may bring an action without being under the necessity of proving actual physical
loss or damage, because the injury itself is taken to imply damage.
Example :
1. We can take many examples regarding this maxim. If a person comes to your
home without your permission and roams all around in your home and leaves
your home, here there is no actual damage caused but your private legal right
has been infringed.
2. Ashby v. White : In this case the defendant, the returning officer, wrongfully
refused to register a duly tendered vote of plaintiff, a legally qualified voter, at a
parliamentary election and the candidate for whom the vote was tendered was
elected, and no actual/ physical loss was suffered by the rejection of the vote.
Here the defendant (returning officer) had maliciously refused to register the
vote of the plaintiff. However, action of Returning Officer was considered as legal
damage caused to plaintiff as it is infringement of the fundamental rights of a
person who has right to vote. The court held that the action, against Returning
Officer, was allowed on the ground that the violation of plaintiffs statutory right
was an injury for which he must have a remedy and was actionable without
proof of any pecuniary damage.
Go To Contents
Module - 3) Legal Maxims :

3.1.1) In bonam partem
3.1.2) Nemo Dat Quod Non Habet
3.1.3) Novus Actus (Or Causa) Interveniens
3.1.4) Qui Facit Per Alium Facit Per Se
3.1.5) Res Ipsa Loquitur
3.1.6) Respondeat Superior
3.1.7) Re Non Potest Peceare
3.1.8) Salus Populi Supreme Lex
3.1.9) Sic Utero Tuo Ut Alienum Non Leadas
3.1.10) Ubi Jus Ibi Idem Remedium (or) Ubi Jus Ibi Remedium
3.1.11) Ut Res Magis Valeat Quam Pereat
3.1.12) Volenti Non Fit Injuria
Note : Above Maxims should be taught taking into consideration the

relevant decided cases as well as the illustrative Examples.
Go To Contents
Explain in detail with decided cases : In bonam partem. (Nov-2014)
Discuss with relevant cases : In bona partem. (Dec-2016)
Discuss : Nemo Dat Quod Non Habet.
Discuss : Novus Actus (Or Causa) Interveniens.
Discuss the Legal Maxims with relevant cases : Qui Facit Per Alium Facit Per Se.
(Oct-2013, Jan-2016)
Discuss the Legal Maxims with relevant cases : Res Ipsa Loquitur. (Oct-2013, Nov-
2014, Jan-2016)
Explain with illustration and relevant cases following legal maxim : Res Ipsa
Loquitur. (Dec-2016)
Discuss : Respondeat Superior.
Discuss : Re Non Potest Peceare.
Discuss the Legal Maxims with relevant cases : Salus Populi Supreme Lex. (Oct-2013,
Jan-2016)
Discuss : Sic Utero Tuo Ut Alienum Non Leadas.
Discuss the Legal Maxims with relevant cases : Ubi jus ibi remedium. (Oct-2013, Nov-
2014, Jan-2016)
Discuss with relevant cases : Ubi jus ibi remedium. (Dec-2016)
Discuss : Ut Res Magis Valeat Quam Pereat.
Define and explain with relevant cases and illustrations the following legal maxim
Volenti non fit injuria. (Nov-2014)
Explain in detail with decided cases : Volenti non fit injuruia. (Nov-2014)
Discuss with relevant cases : Volenti noon fit injuria. (Dec-2016)
Go To Contents
Module-3 ANSWERS :
Explain in detail with decided cases : In bonam partem. (Nov-2014)
Discuss with relevant cases : In bona partem. (Dec-2016)
ANSWER :
http://studylib.net/doc/6795368/%E2%80%9Cin-bonam-partem%E2%80%9D---
conceptualization--history-and
The maxim "In bonam partem", means that things must be interpreted in their
better sense.
The core premise of this principle is the acceptation of ambiguity as a grounds for
the presumption of innocence. It is also in accordance with the judiciarys
traditional reluctance to label a statement as being defamatory or derogatory when
it can have a plausible innocent intention.
Tracing the etymology of the term would bring us to the conclusion that Bonam
Partem would literally mean The good side or part.
From the mid-sixteenth to the mid-seventeeth century, English defamation law
operated with the hermeneutic rule of Bonam partem which stipulated that if a
statement can be construed both in a defamatory and an innocent sense, the latter
must be considered as the true meaning. Where the words are general or
ambiguous, the more favourable reading must take precedence.
Thus, to take up a standard textbook case, to accuse someone of having the
French pox (Syphilis) would be actionable, but since pox taken alone, could refer
either to French pox or Small pox, if a person was charged with defamation for
having called someone a poxy knave, the court would dismiss the charge by
interpreting poxy in Bonam partem as a reference to Small pox, which was not an
actionable insult.
Abuse of the rule : The rule of Bonam partem could, however, authorize what
would seem to be the radically different strategy of creative hyper literalism. To

rebut a defamation charge, the defendant usually found it sufficient to show that
their words, even if strictly construed, would have an innocent sense, regardless of
what the context indicated the speakers intention to have been.
Interpretation of the rule : Interpretation of law depends on distinction between
malice and good will, truth and deceit, words uttered in Bonam Partem and Malam
Partem. Interpretation in words is decided by general or particular social context,
by accompanying signs such as laughter or gestures, by the application of
jurisprudential norms (like the prior presumption of innocence or guilt). The office
of all judges is always to make such construction as shall suppress subtle
inventions and evasions for the continuance of mischief, and to add cure and
remedy, according to the true intent of the makers of the disputed act.
Conversely, if the words did not refer unambiguously to specific persons, or did
not explicitly allege an actionable offence, then they will be interpreted in Bonam
partem.
The most notorious (and oft-cited) example is of one Astgriggs allegation that Sir
Thomas Holt struck his cooks head with a cleaver, and cleaved it in half.
Holt sued in Kings Bench, but the jury decided for the defendant on the grounds
that Astgrigg had not said that the cook died, and since he had not accused Holt
of killing his cook, the words were not actionable.
However implausible the verdict in this instance, it rested on legal principles of
far-reaching importance. It was held that for the law to consider words as
defamatory, two things were requisite :
1) That the person who is scandalized is certain
2) That the scandal is apparent from the words themselves
Go To Contents
Discuss : Nemo Dat Quod Non Habet.

ANSWER :

Go To Contents
Discuss : Novus Actus (Or Causa) Interveniens.
ANSWER :

Go To Contents
Discuss the Legal Maxims with relevant cases : Qui Facit Per Alium Facit Per Se.
(Oct-2013, Jan-2016)
ANSWER :
http://www.duhaime.org/LegalDictionary/Q/QuiFacitPerAliumFacitPerSe.aspx
Qui facit per alium facit per se. He who acts through another acts through himself.
The maxim often stated in discussing the liability of employer for the act of
employee, or principal for an agent. A contract made by an agent is looked upon in
law as the contract of the principal, so agents need not be "sui juris" and infants,
married women, and others are competent to act as such. The agent must,
however, act within the scope of his authority.
According to this maxim, if in the nature of things, the master is obliged to perform
the duties by employing servants, he is responsible for their act in the same way
that he is responsible for his own acts.
NOTE : Maxims (i) Respondeat superior and (ii) Vicarious Liability, are BOTH
based on this maxim of Qui facit per alium facit per se. He who acts through
another acts through himself.
Example :
In Scott v. Shepherd, 2 Black. 892, an action was held to lie against the person
who originally threw a squib which, after being knocked about by other persons
in self-defence, ultimately hit and put out the plaintiff's eye.
In Pennsylvania v International Union of Operating Engineers at 469 F. Supp.
329, the US District Court wrote (1978), in reference to the related term
respondent superior :
"Respondeat superior, a doctrine centuries old, is predicated on the
assumption that a master, employer, or principal will be held responsible for
the acts of a servant, employee, or agent respectively. The rationale for this
view is succinctly expressed by the maxim qui facit per alium facit per se."
In Butler v Bunge Corporation (1971), the US District Court adopted these
words:
"Qui facit per alium facit per se, that is, that the authorized acts of an agent
are, in legal contemplation, the same as the principal's acts; and that a
principal's tort liability is based, not on an agency relation, but on the
relationship of master and servant and is expressed by the maxim.
Go To Contents
Discuss the Legal Maxims with relevant cases : Res Ipsa Loquitur. (Oct-2013, Nov-
2014, Jan-2016)
Explain with illustration and relevant cases following legal maxim : Res Ipsa
Loquitur. (Dec-2016)
ANSWER :
Res Ipsa Loquitur --- Res ipse loquitur --- The thing speaks for itself {without
proof). Frequently quoted in actions for damages for negligence.
The doctrine provides that in some circumstances, the mere fact of an accidents
occurrence raises an inference of negligence that establishes a prima facie case.
Res Ipsa Loquitor more often than not operates against the defendant and puts the
plaintiff in a slightly elevated position.
The application of this doctrine induces strict liability.
Elements : The following elements need to be proved in order to establish the claim
of Res Ipsa Loquitor :
- The defendent owed the plaintiff a duty of care
- The injury was caused to the plaintiff due to the defendent's negligence in
observing such duty
- The negligence is more attributable to the act or ommission on the part of
defendent, than the plaintiff or a 3rd party.
Comparison with tort of negligence :
Negligence is a tort which is committed when a person is injured due to the
irresponsibility of another. The damage so caused must be an immediate cause
of the act of negligence and not a remote cause. Essential elements of
negligence are as follows :
Duty to take care
Beach of such a duty
Legal damage caused to the complainant due to a breach of duty
Reasonable foresee-ability is the basic principle on which the tort of negligence is
based. When a person before or at the time of committing an act can reasonably
foresee that his act is likely to cause a damage to the other person and he still
continues to do it, he is said to have committed a tort of negligence
The burden of proof falls on the plaintiff that he has sustained legal damage due
to a breach of duty on the part of the defendant.

However, in certain cases the plaintiff doesnt have to prove negligence on the
defendants part. Such cases fall under the principle of res ipsa loquitor which
means things speak for itself where it is evident from the facts of the case that
there has been negligence on the side of the defendant.
Res Ipsa Loquitor is a crucial tool for determination in medical and traffic cases.
Examples of Res Ipsa Loquitor :
- A doctor while performing an operation leaves a pair of scissor inside the
stomach of the patient.
- Ravi is rashly driving on wrong side of the road, hits Annie and injures her.
Ravi's action is in itself is wrongful and speaks for itself.
Go To Contents
Discuss : Respondeat Superior.

ANSWER :

Go To Contents
Discuss : Re Non Potest Peceare.

ANSWER :

Go To Contents
Discuss the Legal Maxims with relevant cases : Salus Populi Supreme Lex. (Oct-2013,
Jan-2016)
ANSWER :
http://www.duhaime.org/LegalDictionary/S/SalusPopuliEstSupremaLex.aspx
Latin maxim "Salus Populi Est Supreme Lex", translated literally means, "The
health, safety or welfare of the public is the supreme law".
Salus populi est suprema lex. The public safety {welfare) is the supreme law.
The prosperity of its people, and the proper maintenance of order and security, as
also the diffusion of domestic and social happiness, should be the first and main
object of every government.
The good of the individual ought to yield to that of the community.
"This phrase is based on the implied agreement of every member of society that
his own individual welfare shall, in cases of necessity, yield to that of the
community; and that his property, liberty and life shall, under certain
circumstances, be placed in jeopardy or even sacrificed for the public good"
Judges ought above all to remember salus populi est supreme lex ... and to know
that laws, except they be in order to that end, are but things captious and oracles
not well inspired."
This Latin maxim has been used to justify damages for the tort of nuisance as
including the legal requirement that one not use his/her property as unreasonably
to injure others.
Go To Contents
Discuss : Sic Utero Tuo Ut Alienum Non Leadas.

ANSWER :

Go To Contents
Discuss the Legal Maxims with relevant cases : Ubi jus ibi remedium. (Oct-2013, Nov-
2014, Jan-2016)
Discuss with relevant cases : Ubi jus ibi remedium. (Dec-2016)
ANSWER :
http://www.duhaime.org/LegalDictionary/U/UbiJusIbiRemedium.aspx
"Ubi Jus Ibi Remedium" is a latin phrase which means "There is no wrong without a
remedy, or, Where there is a legal right there is a remedy". In other words,
"whenever the law gives a right or prohibits an injury, it also gives a remedy".
If a man has a right, he must also have a means to vindicate and maintain it, and a
remedy if he is injured in the exercise and enjoyment of it, and, indeed, it is a vain
thing to imagine a right without a remedy.
Want of right and want of remedy are reciprocal.

It is an elementary maxim of equity jurisprudence that there is no wrong without a
remedy. An action will lie for an injury although no actual damage be sustained. It
is an integral and intrinsic equity principle highlighting the duty of court.
Right violated : Where a right has been violated, a proportional and equitable
remedy shall be provided,
Right infringed : Where a right has been infringed, the affected party has a right to
enforce enjoyment of right through court.
Example : In the case of Ashby v. White is a foundational case in UK constitutional
law and English tort law. It concerns the right to vote and misfeasance of a public
officer who prevented Ashby from voting at an election on the apparent pretext
that Ashby was not a settled inhabitant. Held that, it is not relevant that "Ashby's
vote would not have made any material difference on outcome of election". It was
decided that an action lay against a returning officer for tortious act.
Go To Contents
Discuss : Ut Res Magis Valeat Quam Pereat.

ANSWER :

Go To Contents
Define and explain with relevant cases and illustrations the following legal maxim
Volenti non fit injuria. (Nov-2014)
Explain in detail with decided cases : Volenti non fit injuruia. (Nov-2014)
Discuss with relevant cases : Volenti noon fit injuria. (Dec-2016)
ANSWER :
http://blog.ipleaders.in/10-principles-of-tort-law-every-indian-should-know/
The Latin maxim "volenti non fit injuria" literally means to the one who volunteers,
no harm is done. It is a common law doctrine which states that if someone
willingly places him/herself in a position where harm might result, knowing that
some degree of harm might result, they are not able to bring a claim against the
other party in tort or derelict.
Essential elements constituting volenti non fit injuria are as follows :
plaintiff having complete knowledge of the risk

plaintiff consented to such an activity/ process
consent was voluntary and not induced or forced
A person who after knowing the risks and circumstances willingly and voluntarily
consents to take the risk cannot ask for compensation for the injury resulting from
it.
A person who voluntarily abandons his rights cannot sue for any damage caused to
him. The maxim is used as a complete affirmative defence in the law of torts
liberating the defendant from all kinds of liability.
Volenti only applies to the risk which a reasonable person would consider them as
having assumed by their actions;
However, the action causing harm must not go beyond the limit of what has been
consented.
Contrast with comparative negligence : It is not easy for a defendant to show both
elements and therefore comparative negligence usually constitutes a better
defence in many cases. Note however that comparative negligence is a partial
defence, i.e. it usually leads to a reduction of payable damages rather than a full
exclusion of liability. However, the person consenting to an act may not always be
negligent: a bungee jumper may take the greatest possible care not to be injured,
and if he is, the defence available to the organiser of the event will be volenti, not
comparative negligence.
Often, consent to medical treatment or consent to risky sports on the part of the
claimant excludes liability in tort where that consent is informed consent.
Example :
A boxer consents to being hit by hand, and to the injuries that might be
expected from being hit by hand, but he does not consent to his opponent
striking him with an iron bar.
By participating in a football match, the player willingly consents to bear the risk
that may arise in the normal course of the game.
Go To Contents
*** End-of-Compilation ***

Source : Public domain print/ internet contents.
URLs of some such resources are listed herein above.
Credits/ copyrights duly acknowledged.
Suggested Reading :
P. Ramaswami Aiyar, Law Laxicon, Wadhwa and Co.
Ramanathan Aiyer P., The Law Lexicon
Dr. Amit Sen : Text book of Legal Language
Gary Slapper and David Kelley : Lectures on Language System
Brayan Garner : A Dictionary of Modern Legal Usage
John Gibbons : Language and the Law
Peter M. Tiersma : Nature of Legal Language
Wikipedia: Legal English

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LL.B. Semester - III

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Module - 1) Legal Terms and Phrases

Module - 1) Legal Terms and Phrases :

Note : Above Legal Terms should be taught in the classrooms by explaining

Explain : Rescind Contract.

Lexica iuridica in Juridica: Latin Terms as a Reflection of Europanisation of Estonian

Discuss : Plain language movement.

Explain and frame sentence : Abandon. (Nov-2014)

Explain and frame sentence thereof : Abscond. (Jan-2016)

Explain : Acquiscence. (Dec-2016)

Explain and frame sentence thereof : Ad-interim. (Jan-2016)

Explain and frame sentence : Bonafide. (Nov-2014)

capricious and often brutal administration"

Explain and frame sentence thereof : Causes omissus. (Jan-2016)

Explain and frame sentence : Damage and damages. (Nov-2014)

Explain : Damage Feascent.

Explain and frame sentence : De hors. (Nov-2014, Jan-2016)

Explain and frame sentence : De novo. (Nov-2014)

Explain and frame sentence : Double jeopardy. (Nov-2014)

Causing or tending to cause annoyance, frustration, or worry.

Explain : Juvenile Delinquency.

Explain and frame sentence : Legum Baccalaureus. (Nov-2014, Jan-2016)

Explain and frame sentence : Lunatic. (Nov-2014)

Explain : Pro Bono Publico. (Dec-2016)

Explain and frame sentence thereof : Quid pro quo. (Jan-2016)

Explain : Rescind Contract.

with those objections.

Explain : Rule Discharged.

Explain : Undue Influence.

Explain and frame sentence : Valuable security. (Nov-2014)

Explain and frame sentence thereof : Verdict. (Jan-2016)

Explain : Viva voce.

Explain : Void and Voidable. (Dec-2016)

Module - 2) Legal Maxims :

Discuss : Actus Non Facit, Reum, Nisi Mens Sit Sea.

Discuss : Delegates non potest delegare.

Discuss with relevant cases : Demnum sine injuria. (Dec-2016)

Discuss with relevant cases : Delegates non protest delegare. (Nov-2014)

power is delegated cannot himself further delegate that power").

Discuss : Ex Turpi Causa Non Oritur Actio.

Discuss with relevant cases : Falsus in uno falsus in omnibus. (Jan-2016)

Discuss : In Jure Non Remota Causa, Sed Proxima Spectatus.

The meaning of the above maxim is infringement of an absolute private right

Module - 3) Legal Maxims :

Note : Above Maxims should be taught taking into consideration the

would seem to be the radically different strategy of creative hyper literalism. To

Discuss : Nemo Dat Quod Non Habet.

Discuss : Novus Actus (Or Causa) Interveniens.

relationship of master and servant and is expressed by the maxim.

to a breach of duty on the part of the defendant.

Discuss : Respondeat Superior.

Discuss : Re Non Potest Peceare.

Discuss : Sic Utero Tuo Ut Alienum Non Leadas.

Want of right and want of remedy are reciprocal.

Discuss : Ut Res Magis Valeat Quam Pereat.

plaintiff having complete knowledge of the risk

*** End-of-Compilation ***

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