30/06/2021
*IMPORTANT LEGAL MAXIMS*
1.Ubi jus ibi remedium β Where there is a right, there is a remedy.
2.Volenti non fit injuria β Damage suffered by consent gives no cause of action.
3.Alibi β At another place, elsewhere
4.Audi alteram partem β No man shall be condemned unheard.
5.Locus standi β Right of a party to an action to appear and be heard by the court and be heard by the court
6.Ratio decidendi β Principle or reason underlying a court judgement.
7.Nemo debet esse judex in propria causa β Nobody can be judge in his own case.
8.Nemo bis punitur pro eodem delicto β Nobody can be twice punished for the same offence.
9.Actionable per se β The very act is punishable and no proof of damage is required
10.Quo warranto β By what authority. A writ calling upon one to show under what authority he holds or claims a public office
11.Mandamus β βWe commandβ. A writ of command issued by a Higher Court to Government/Public Authority, to compel the performance of a public duty
12.Estoppel β Prevented from denying.
13.Ex parte β Proceedings in the absence of the other party.
14.Ex gratia β As a favour.
15.Ex officio β Because of an office held.
16.Justitia nemini neganda est β Justice is to be denied to nobody.
17.Lex non a rege est violanda β The law must not be violated even by the king.
18.Amicus Curiae β A friend of court or member of the Bar who is appointed to assist the Court
19.Mala fide β In bad faith.
20.Mens rea β Guilty mind.
21.Modus operandi β Way of working.
22.Modus Vivendi β Way of living.
23.Fatum β Beyond human foresight.
24.Detinue β Tort of wrongfully holding goods which belong to someone else.
25.Assentio mentium β The meeting of minds, i.e mutual assents
26.Nolle prosequi β a formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit.
27.Novation β Transaction in which a new contact is agreed by all parties to replace an existing contract.
28.Doli incapax β Incapable of crime
29.Res ipsa loquitor β The thing