Top 10 Legal Maxims Used by Judges and Advocates
Actus non facit reum nisi mens sit rea. (An act does not make a person guilty unless there is a guilty mind.) This maxim is a fundamental principle of criminal law, and it means that a person cannot be convicted of a crime unless they had the intention to commit the crime.
Ex turpi causa non oritur actio. (No right arises from a base cause.) This maxim means that a person cannot sue someone for damages if their own actions were also wrongful. For example, if you are injured in a car accident while you are driving drunk, you cannot sue the other driver for damages.
Ignorantia juris non excusat. (Ignorance of the law does not excuse.) This maxim means that everyone is presumed to know the law, and that ignorance of the law is not a defense to a crime. However, there are some exceptions to this rule, such as if the law is very obscure or if the person was misled by someone in authority.
Nemo debet bis vexari pro una et eadem causa. (No one should be vexed twice for the same cause.) This maxim means that a person cannot be tried twice for the same crime. This is a fundamental principle of due process, and it helps to ensure that people are not punished twice for the same offense.
Salus populi suprema lex esto. (The welfare of the people is the supreme law.) This maxim is a principle of public policy, and it means that the government can sometimes restrict individual rights in order to protect the public interest. For example, the government can restrict freedom of speech in order to prevent the spread of harmful information.
Audi alteram partem. (Hear the other side.) This maxim means that everyone has the right to be heard before they are punished.
Celerity facit justitiam. (Speed makes justice.) This maxim means that it is important to resolve legal disputes quickly and efficiently.
Equity follows the law. (Equity is based on the law.) This maxim means that the principles of equity are derived from the law, but they can sometimes be used to fill in gaps in the law or to provide a more just outcome.
In dubio pro reo. (In doubt, for the accused.) This maxim means that when there is doubt about a person's guilt, the benefit of the doubt should go to the accused.
Jurisprudence is the art of the just. (Jurisprudence is the study of law and justice.) This maxim highlights the importance of justice in the legal system.