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Most IMPORTANT LEGAL

MAXIMS EVERY LAWYER


SHOULD KNOW

ab initio-from the beginning.


actus reus- Part of what proves criminal liability
ad hominem-Attacking an opponent’s character rather than answering his argument.
affidavit-Oh we all know this one!
animus possidendi – It means intention to possess.
bona fide-Means in good faith.
Caveat- Basically means a warning.
sine qua non – Means an indispensable and essential action, condition, or ingredient.
dictum- A statement given some weight or consideration due to the respect given the person making it.
ejusdem generis-It is one the aids to interpretation of Statutes.
ex parte- A decision reached, or case brought, by or for one party without the other party being present.

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ibid. – Essen al for wri ng legal research papers.


in curia- In court
in loco paren s– Means In the place of a parent, basically a guardian.
in pari materia- In the same ma er
in re- Means in the ma er .
ipso facto-Means by the fact itself.
Audi alteram partem: Hear the other side.
Ignoran a fac excusat, ignoran a juris non excusat: Ignorance of fact
excuses, ignorance of law does not excuse.
De minimis lex non curat: The law does not no ce trifling ma ers.
lacunae-Oh well, everyone has those!
lis pendens- Suit pending
locus standi– Basically determines why a par cular person is coming to
court to seek relief.
male fide- Those inten ons!
modus operandi– You already know this one.
muta s mutandis- In simple words, having been changed that which
needed to be changed.
noscitur a sociis- An ambiguous word or term can be clarified by
considering the whole context in which it is used, without having to define
the term itself.
obiter dictum-Not the judgment but the observa ons made by the court.
Ubi jus ibi remedium: This translates as there is no right without remedy.
pacta sunt servanda – Also part of Interna onal Law . Basically means
agreements must be kept
ra o decidendi- The point in a legal proceeding, or the legal precedent so
involved, which led to the final decision being what it was.
res judicata- A ma er that has been finally adjudicated, meaning no
further appeals or legal ac ons by the involved par es is now possible
sui generis-When a special and unique interpreta on of a case or
authority is found to be necessary.
supra-Also used to increase the number of cita ons in a legal research
paper like Ibid
Volen non fit injuria: An injury is not done to one that consents to it.
Stare decisis: To stand by decisions.
Quod per me non possum, nec per alium: What a person cannot do by
himself, he cannot do through another person.

Pacta privata juri publico non derogare possunt: A private contract cannot
derogate from the law.

Nemo debet esse judex in propria causa: No one can be a judge in his own
cause.

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