Commonly used maxims
LEGAL MAXIMS
A legal
maxim is an established principle or proposition.
Here are 20 selected and most commonly used legal maxims (compiled by Toheeb and Olaitan) ;
Res ipsa loquitur
The fact speak for itself.
When to use it: When after an abdominal
surgery, the surgeon leaves a scalpel in your tummy, his/her negligence would
be res ipsa loquitur
Ubi jus ibi remedium
This translates as there is no right without remedy.
This means that if there is any right for the violation of which the law has
not prescribed any remedy, than that right doesn't really amount to a real
right at all.
Stare decisis
To stand by decisions. This is a maxim
because of which past decisions are followed by subsequent tribunals ensuring that like treatment is meted out for similar case. There are limitations to this of course but as a general
principle, unless there is a significant reason for differing in the judgment,
the principles or ratio of an earlier decision on the same point by the same
court or a higher court should be followed.
Nemo debet esse judex in propria causa
No one can be a judge in his own
cause. This is an important limb of natural justice. This means that only a non
biased person should be the judge of a matter. If a judge is in any way conflicted,
he must stand down and let an unbiased and disinterested judge decide.
Audi alteram partem
Hear the other side.
This means that every person against whom a claim is made should be allowed to
make a representation for his cause. This would mean allowing him enough time
to prepare his case, serve him adequate notice and give him enough opportunity
to counter the claims
Facta non verba
actions speak louder than voice
Actus dei nemini facit injuriam
an act of god causes legal injury to no one.
‘The law holds no man responsible for the act of
God’ ~Herbert Broom
Supposing
a storm causes Mr A’s car to land on, thereby damaging Mr B’s house, Mr B
cannot claim damages from Mr A.See Omotayo v Arbuckie Smith & Co.
Ltd.
Actus non facit reum, nisi mens sit rea
an act does not make guilt, unless the mind be guilty.
The intent and the act must both concur to constitute
a crime. adeigun
v A.G. Oyo state
Ex parte
for one party only.
Or
Outside the awareness of a party.
It refers to the proceedings where one of the parties
has not received notice and, therefore is neither present nor represented.
However,
some jurisdictions expand it to mean any proceeding that goes undefended.
Ex turpi cause non oritur actio
out of a
base/disgraceful/illegal cause, an action does not arise.
Habeas corpus
may you have the body.
Judex non reddit plus quam quod potens ipse requirit
a judge does not give more than
that which the plaintiff asks.
Lex non cogit impossibilia
the law does not compel the doing of impossibilities.
Nemo dat quod habet
no one gives what he
does not have.
Sometimes called the ‘nemo dat’ rule.
It states that the purchase of a possession from
someone who has no ownership right to it also denies the purchaser any
ownership right to it also denies the purchaser any ownership title…..Section 27 of
Company Allied Matters Act.
Quid quid plantatur solo, solo cedit
whatever
is affixed to the soil, becomes part of it.
In Onuwaje v Ogbeide, the plaintiff warned
the defendant not to enter his land warning that it is his. The defendant went
ahead to erect a building on the real estate; and then the plaintiff claimed
title to it.
Volenti non fit injuria
that to which a man consents cannot be considered an
injury.
Expressly or impliedly assenting to an act makes it
not to be actionable as a tort.
In another sense, no one can enforce a legal right
which he has voluntarily waived/abandoned.
Caveat emptor
Buyer beware
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Equity like nature..........................
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