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Legal maxims are
concise expressions of general principles or rules of law that have been
established through court decisions or legal writings. Here are
some important legal maxims along with their meanings:
1. Ignorantia
juris non excusat: Ignorance of the law is not an excuse.
Individuals are expected to know and comply with the law, regardless of whether
they are aware of it.
2. Actus
reus non facit reum nisi mens sit rea: An act is not guilty
unless there is a guilty mind. In criminal law, both a wrongful act and a
criminal intent are usually required for an offense.
3. In
dubio pro reo: When in doubt, favor the accused. This
principle underscores the idea that, in case of uncertainty or ambiguity, the
decision should be in favor of the defendant.
4. Res
ipsa loquitur: The thing speaks for itself. This maxim
is often used in tort law to shift the burden of proof to the defendant when
the nature of the injury or accident implies negligence.
5. Nemo
dat quod non habet: No one can give what they do not have.
This maxim highlights the principle that a person cannot transfer a better
title to property than they themselves possess.
6. Caveat
emptor: Let the buyer beware. This principle places the
responsibility on the buyer to assess the quality and condition of goods before
purchase.
7. Ubi
jus ibi remedium: Where there is a right, there is a
remedy. This maxim emphasizes that for every legal wrong, there should be a
legal remedy.
8. Actio
personalis moritur cum persona: A personal action dies
with the person. Certain legal claims or causes of action may not survive the
death of the person involved.
9. Doli
incapax: Incapable of crime. This maxim is often applied in
juvenile law, recognizing that children may be incapable of forming criminal
intent to the same degree as adults.
10. Ex
turpi causa non oritur actio: No action arises from
an immoral or illegal cause. Courts may refuse to enforce agreements or grant
remedies if they arise from illegal or immoral conduct.
