Legal Maxims
Timeless principles of law expressed in Latin. Search in Latin or English to find any maxim, then click to see its meaning, usage, and related concepts.
Natural JusticeAudi Alteram Partem
Hear the other side
Meaning
No person should be condemned unheard. Every party to a dispute has the right to be given notice of the allegations against them and a fair opportunity to present their case before a decision is made.
Usage in Law
Fundamental principle of natural justice. Applied in administrative law, disciplinary proceedings, and every court hearing.
Natural JusticeNemo Judex In Causa Sua
No one should be a judge in their own cause
Meaning
A person cannot preside over a matter in which they have a personal interest. This rule prevents bias and ensures impartial adjudication.
Usage in Law
Basis for judicial disqualification whenever a decision-maker has an interest in the outcome.
Criminal LawActus Non Facit Reum Nisi Mens Sit Rea
An act does not make a person guilty unless the mind is also guilty
Meaning
For a crime to be established, two elements must be present: the physical act (actus reus) and the guilty mental state (mens rea). Both must coincide.
Usage in Law
Foundation of criminal liability. Applied in every penal code analysis from Pakistan to the UK.
General PrinciplesIgnorantia Juris Non Excusat
Ignorance of the law is no excuse
Meaning
A person cannot avoid liability by claiming they did not know the law existed. Once a law is duly published, every citizen is presumed to know it.
Usage in Law
Justifies enforcement of statutes against all persons regardless of their subjective knowledge.
Civil LawUbi Jus Ibi Remedium
Where there is a right, there is a remedy
Meaning
Every legal right has a corresponding remedy. If a right is violated, the law provides a means of redress — no wrong should go unaddressed.
Usage in Law
Foundation of equitable relief and constitutional writ jurisdiction.
Tort LawRes Ipsa Loquitur
The thing speaks for itself
Meaning
A rule of evidence in negligence cases. Where an accident would not normally happen without negligence, the accident itself is prima facie evidence of negligence.
Usage in Law
Shifts the burden of proof to the defendant in tort claims.
Contract LawPacta Sunt Servanda
Agreements must be kept
Meaning
Parties to a contract are bound by its terms and must perform their obligations in good faith. This principle underlies the entire law of contracts and international treaties.
Usage in Law
Cited in every breach of contract analysis and in international law.
Commercial LawCaveat Emptor
Let the buyer beware
Meaning
The buyer is responsible for checking the quality and suitability of goods before purchase. The seller is not liable for defects the buyer could have discovered.
Usage in Law
Foundational in sale of goods. Now modified by consumer protection statutes in most jurisdictions.
Tort LawVolenti Non Fit Injuria
To a willing person, no injury is done
Meaning
A person who voluntarily accepts a known risk cannot later claim damages for any harm suffered. Consent is a complete defence to tortious liability.
Usage in Law
Applied in sports, dangerous activities, and employment contexts.
JurisprudenceStare Decisis
To stand by things decided
Meaning
Courts should follow the precedents set by higher courts in earlier similar cases. This ensures consistency, predictability, and fairness in the law.
Usage in Law
Foundational principle of common law. Explains why court hierarchy matters.
JurisprudenceRatio Decidendi
The reason for deciding
Meaning
The legal reasoning or principle upon which a court’s decision is based. Only the ratio decidendi is binding on lower courts — not the obiter dicta.
Usage in Law
Distinguishes the binding part of a judgment from persuasive commentary.
JurisprudenceObiter Dictum
A thing said by the way
Meaning
A judge’s incidental or passing remarks which are not essential to the decision. Such remarks are persuasive but not binding on future courts.
Usage in Law
Explains why some judicial comments influence future cases more than others.
Constitutional LawEx Post Facto
After the fact
Meaning
A law that retroactively changes the legal consequences of actions committed before the law was enacted. Such laws are prohibited in most constitutions, especially in criminal matters.
Usage in Law
Article 12 of Pakistan’s Constitution prohibits ex post facto criminal laws.
Constitutional LawHabeas Corpus
You shall have the body
Meaning
A writ requiring a person detained by the state to be brought before a court, so the legality of detention can be examined. It is the most powerful safeguard of personal liberty.
Usage in Law
Available under Article 199 of Pakistan’s Constitution as a fundamental right.
Constitutional LawMandamus
We command
Meaning
A writ issued by a superior court commanding a public authority to perform a duty it has failed or refused to perform. It enforces public duties.
Usage in Law
Common in administrative law to compel government action.
Constitutional LawCertiorari
To be more fully informed
Meaning
A writ by which a superior court reviews and quashes a decision of an inferior court or tribunal that has exceeded its jurisdiction or erred in law.
Usage in Law
Used to correct judicial and quasi-judicial errors.
Constitutional LawQuo Warranto
By what authority
Meaning
A writ questioning the legal authority of a person holding a public office. It asks by what right the person claims the position.
Usage in Law
Challenges unlawful appointments to public office.
Administrative LawUltra Vires
Beyond the powers
Meaning
An act done beyond the legal authority granted. Any action taken without proper authority is void and of no legal effect.
Usage in Law
Ground for judicial review of administrative decisions.
Civil ProcedureRes Judicata
A matter already judged
Meaning
Once a final judgment has been given by a competent court on a matter, neither party can re-litigate the same issue. It prevents endless litigation.
Usage in Law
Section 11 of the Code of Civil Procedure, 1908.
Constitutional LawLocus Standi
A place to stand
Meaning
The legal right to bring an action or be heard in a court. A person must have sufficient interest or be directly affected by the matter to have locus standi.
Usage in Law
Relaxed in Public Interest Litigation (PIL) cases.
Criminal LawMens Rea
Guilty mind
Meaning
The mental element of a crime — the intention, knowledge, or recklessness of the accused at the time of committing the act. Essential for most criminal offences.
Usage in Law
Distinguishes murder from manslaughter, theft from innocent taking.
Criminal LawActus Reus
Guilty act
Meaning
The physical element of a crime — the actual act or conduct that constitutes the offence. It can also include an omission where there is a legal duty to act.
Usage in Law
Must be proved alongside mens rea for criminal liability.
General PrinciplesIpso Facto
By the fact itself
Meaning
Something that is self-evident from the fact or act itself, without needing further proof or explanation.
Usage in Law
Common in contract clauses — “the contract terminates ipso facto.”
EvidencePrima Facie
At first sight
Meaning
Based on the first impression; accepted as correct until proved otherwise. A prima facie case is one where the evidence at first glance supports the claim.
Usage in Law
Determines whether a case should proceed to full trial.
General PrinciplesBona Fide
In good faith
Meaning
Done honestly, sincerely, and without deceit or fraud. A bona fide belief or action is one held genuinely, even if mistaken.
Usage in Law
Protects honest actors in contract, property, and administrative contexts.
General PrinciplesMala Fide
In bad faith
Meaning
Done with dishonest intent, fraud, or ulterior motive. A mala fide exercise of power is subject to judicial review.
Usage in Law
Ground for challenging administrative decisions and disqualifying actors.
Legal WritingInter Alia
Among other things
Meaning
Used in legal writing to indicate that the list being given is not exhaustive — there are other items as well.
Usage in Law
Frequently used in judgments and legal opinions.
General PrinciplesSui Generis
Of its own kind
Meaning
Unique; in a class by itself. Something so distinctive that it cannot be compared to other members of a category.
Usage in Law
Used for legal systems, institutions, or rights that are one of a kind.
General PrinciplesDe Facto
In fact
Meaning
Something that exists in reality or practice, even if not officially or legally recognised. Contrasted with de jure.
Usage in Law
A “de facto government” holds power in fact though possibly not by legal right.
General PrinciplesDe Jure
By law
Meaning
Something that exists by legal right or entitlement, even if not realised in practice.
Usage in Law
A “de jure government” is the legally recognised authority.
Administrative LawFunctus Officio
Having discharged one’s duty
Meaning
A tribunal or official who has made a final decision has no further authority to reconsider or amend that decision, unless the power to review is expressly granted.
Usage in Law
Prevents administrative bodies from reopening settled decisions.
InterpretationNoscitur A Sociis
A word is known by the company it keeps
Meaning
A rule of statutory interpretation: the meaning of an ambiguous word can be determined from the words surrounding it in the same context.
Usage in Law
Used to interpret lists in statutes where one word is unclear.
InterpretationEjusdem Generis
Of the same kind or class
Meaning
A rule of statutory interpretation: where general words follow specific words, the general words are limited to things of the same class as those specifically listed.
Usage in Law
Interpretation of phrases like “cars, buses, trucks, and other vehicles.”
InterpretationExpressio Unius Est Exclusio Alterius
The express mention of one excludes others
Meaning
A rule of interpretation: when a statute explicitly mentions certain items, it is presumed to exclude those not mentioned.
Usage in Law
Applied to determine the intended scope of statutory provisions.
Contract LawContra Proferentem
Against the one who offers
Meaning
An ambiguous term in a contract is interpreted against the party who drafted it. This protects the weaker party who did not author the terms.
Usage in Law
Common in consumer contracts and insurance policies.
Criminal LawNovus Actus Interveniens
A new intervening act
Meaning
An event that breaks the chain of causation between a defendant’s act and the harm that follows. The defendant may not be liable for harm caused by a supervening event.
Usage in Law
Critical in homicide and personal injury cases to assess causation.
Tort LawVicarious Liability
Liability of a superior for acts of a subordinate
Meaning
A legal doctrine holding one party responsible for the actions of another, typically an employer for the torts committed by an employee in the course of employment.
Usage in Law
Used in employment law, tort claims, and respondeat superior.
JurisprudenceFiat Justitia Ruat Caelum
Let justice be done though the heavens fall
Meaning
A maxim expressing that justice should be administered without fear or favour, regardless of the consequences. It asserts the primacy of justice over expediency.
Usage in Law
A guiding ideal for judges and advocates.
Property LawSic Utere Tuo Ut Alienum Non Laedas
Use your own property so as not to harm others
Meaning
A fundamental principle of property and environmental law: one may use their own property freely, but not in a way that injures the rights or property of others.
Usage in Law
Foundation of nuisance claims and environmental regulation.
Agency LawQui Facit Per Alium Facit Per Se
He who acts through another acts himself
Meaning
A person who authorises another to act on their behalf is legally responsible for those acts as if they had done them personally.
Usage in Law
Foundation of agency, representation, and vicarious liability.
Criminal ProcedureAlibi
Elsewhere
Meaning
A defence claiming the accused was somewhere else when the crime was committed. If proven, it negates the possibility of involvement.
Usage in Law
Common in criminal defence — must be raised early in proceedings.
Constitutional LawAmicus Curiae
Friend of the court
Meaning
A person or organisation that is not a party to a case but offers information, expertise, or insight to assist the court in deciding a matter.
Usage in Law
Common in landmark constitutional cases where public interest is involved.
Legal WritingMutatis Mutandis
With the necessary changes having been made
Meaning
Used in legal writing to indicate that a provision or rule applies with the necessary modifications. It signals that minor changes are implied.
Usage in Law
Common when one statute borrows procedures from another.
Property LawInter Vivos
Between the living
Meaning
A transfer of property made during the lifetime of the transferor, as opposed to a testamentary transfer through a will.
Usage in Law
Distinguishes gift deeds from inheritance and wills.
Criminal LawNon Compos Mentis
Not of sound mind
Meaning
A person who is not of sound mind, and therefore may not be legally responsible for their actions. Forms the basis of the insanity defence.
Usage in Law
Section 84 of the Pakistan Penal Code — act of a person of unsound mind.