One of the important topics for the CLAT exam is questions asked from the legal maxims. With the knowledge of important legal maxims, the candidate can score certain marks with very less time. Commonly the number of questions from the legal maxims is 4-5. If an aspirant preparing for CLAT exam should know the important legal maxims. It is not necessary that to study all the legal maxims, it is quite difficult. Note down the repeated legal maxims asked in the previous examinations. It will help you to trace the important ones. Most of the legal maxims that we used today is taking from the languages like Latin. There are certain sources for preparing the legal maxims; they are previous year papers, Coaching Modules, Test Series, using online sources. I don't think all the lawyers in India are aware of all the legal maxims.
– A friend of court or member of the Bar who is appointed to assist the Court
From the beginning.
Actionable per se: The very act is punishable and no proof of damage is required.
Ad idem: At the same point.
Animus possidendi: Intention to possess.
Bona vacantia: Property with no owner or which does not have an obvious owner and which usually passes to the crown.
Consensus ad idem: Agreement as to the same thing (Meeting of the minds)
Cy pres: As nearly as may be practicable / possible.
Champerty: Proceeding against a party, where the person giving help has a share in the damages to be recovered.
Del credre agent: Is a mercantile agent who in consideration of extra remuneration called a del credre commission undertakes to indemnify his principle against loss arising from the failure of persons with whom he enters a contract.
Dictum: Statement of law made by judge in the course of the decision but not necessary to the decision itself.
Denatio mortis causa: Gift because of death.
Bona fide – In good faith.
Caveat – A caution registered with the public court to indicate to the officials that they are not to act in the matter mentioned in the caveat without first giving notice to the caveator.
Certiorari – A writ by which orders passed by an inferior court is quashed.
Corpus – Body
De novo – To make something anew.
Dictum – Statement of law made by judge in the course of the decision but not necessary to the decision itself.
Doli incapax – Incapable of crime
Detinue – Tort of wrongfully holding goods which belong to someone else.
Estoppel – Prevented from denying.
Ex parte – Proceedings in the absence of the other party.
Ex gratia – As a favour.
Ex officio – Because of an office held.
Fatum – Beyond human foresight.
Mens rea – Guilty mind.
Misnomer – A wrong or inaccurate name or term.
Modus operandi – Way of working.
Modus Vivendi – Way of living.
Nemo bis punitur pro eodem delicto – Nobody can be twice punished for the same offence
Volenti non fit injuria Damage suffered by consent gives no cause of action.
Waiver Voluntarily giving up or removing the conditions.
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