LEGAL TERMINOLOGIES
-khushi
Legal Maxims
1. Obiter Dicta
• Translation: "Remarks made in passing."
• Meaning: These are observations or comments made by a judge in a legal
decision that are not essential to the decision and are not legally binding. They
are incidental remarks that may be persuasive but do not form the core
reasoning of the judgment.
• Example: A judge might comment on a case or issue that isn't central to the
case at hand, such as providing background or discussing hypothetical
scenarios.
2. Stare Decisis
• Translation: "To stand by things decided."
• Meaning: This principle holds that courts should follow previous judicial
decisions (precedent) when the same points arise again in litigation. It ensures
consistency and stability in the law.
• Example: If a higher court has ruled on an issue, lower courts must follow that
decision in future similar cases unless there is a strong reason to depart from
it.
3. Noscitur A Sociis
• Translation: "A word is known by the company it keeps."
• Meaning: This principle suggests that the meaning of an ambiguous word or
phrase can be understood by considering the words surrounding it in the
context.
• Example: If a statute uses the word “vehicles” in the context of “cars, trucks,
and buses,” it should be interpreted to mean land-based vehicles, rather than
something broader like aircraft.
4. Expressio Unius Est Exclusio Alterius
• Translation: "The express mention of one thing excludes all others."
• Meaning: If a law or contract explicitly mentions one thing, it implies the
exclusion of others that are not mentioned. This maxim is used in legal
interpretation.
• Example: If a law lists specific animals that cannot be kept as pets, it excludes
others that are not mentioned, even if they might logically be considered.
, LEGAL TERMINOLOGIES
-khushi
5. Contemporanea Expositio Est Optima Et Fortissima in Lege
• Translation: "A contemporaneous exposition is the best and strongest in law."
• Meaning: The best interpretation of a law is the one that was understood and
applied by those who were contemporaneous with its enactment. It emphasizes
the importance of the context in which a law was passed.
• Example: If a statute is ambiguous, courts may look at how the law was applied
at the time it was enacted to understand the legislative intent.
6. Ut Res Magis Valeat Quam Pareat
• Translation: "That the thing may rather have effect than be void."
• Meaning: A legal interpretation should aim to ensure that an action or law is
valid and effective, rather than void, whenever possible. Courts often prefer to
interpret a law or contract in a way that upholds its validity.
• Example: If a contract has a minor flaw in the wording, the court may interpret
it in a way that preserves its effect rather than declaring it void.
7. Damnum Sine Injuria
• Translation: "Damage without injury."
• Meaning: This maxim refers to situations where damage is caused, but no legal
injury occurs. In other words, a person may suffer harm, but if there is no legal
wrong or violation of rights, no legal remedy is available.
• Example: If a person is inconvenienced by the construction of a building next
door (e.g., noise), but no legal rights are violated, they may suffer damage
without injury.
8. Injuria Sine Damnum
• Translation: "Injury without damage."
• Meaning: This occurs when a person’s legal rights are violated, but no actual
damage (e.g., financial loss or physical harm) results from the violation. Even
without actual harm, the violation of rights can lead to a legal remedy.
• Example: A false defamation claim may cause injury to a person’s reputation
(a legal injury), even if no financial loss occurs.
9. Res Judicata
• Translation: "A matter judged."
• Meaning: This principle prevents the same issue from being litigated more than
once after it has already been judged. Once a final decision has been made,
the case cannot be reopened.
-khushi
Legal Maxims
1. Obiter Dicta
• Translation: "Remarks made in passing."
• Meaning: These are observations or comments made by a judge in a legal
decision that are not essential to the decision and are not legally binding. They
are incidental remarks that may be persuasive but do not form the core
reasoning of the judgment.
• Example: A judge might comment on a case or issue that isn't central to the
case at hand, such as providing background or discussing hypothetical
scenarios.
2. Stare Decisis
• Translation: "To stand by things decided."
• Meaning: This principle holds that courts should follow previous judicial
decisions (precedent) when the same points arise again in litigation. It ensures
consistency and stability in the law.
• Example: If a higher court has ruled on an issue, lower courts must follow that
decision in future similar cases unless there is a strong reason to depart from
it.
3. Noscitur A Sociis
• Translation: "A word is known by the company it keeps."
• Meaning: This principle suggests that the meaning of an ambiguous word or
phrase can be understood by considering the words surrounding it in the
context.
• Example: If a statute uses the word “vehicles” in the context of “cars, trucks,
and buses,” it should be interpreted to mean land-based vehicles, rather than
something broader like aircraft.
4. Expressio Unius Est Exclusio Alterius
• Translation: "The express mention of one thing excludes all others."
• Meaning: If a law or contract explicitly mentions one thing, it implies the
exclusion of others that are not mentioned. This maxim is used in legal
interpretation.
• Example: If a law lists specific animals that cannot be kept as pets, it excludes
others that are not mentioned, even if they might logically be considered.
, LEGAL TERMINOLOGIES
-khushi
5. Contemporanea Expositio Est Optima Et Fortissima in Lege
• Translation: "A contemporaneous exposition is the best and strongest in law."
• Meaning: The best interpretation of a law is the one that was understood and
applied by those who were contemporaneous with its enactment. It emphasizes
the importance of the context in which a law was passed.
• Example: If a statute is ambiguous, courts may look at how the law was applied
at the time it was enacted to understand the legislative intent.
6. Ut Res Magis Valeat Quam Pareat
• Translation: "That the thing may rather have effect than be void."
• Meaning: A legal interpretation should aim to ensure that an action or law is
valid and effective, rather than void, whenever possible. Courts often prefer to
interpret a law or contract in a way that upholds its validity.
• Example: If a contract has a minor flaw in the wording, the court may interpret
it in a way that preserves its effect rather than declaring it void.
7. Damnum Sine Injuria
• Translation: "Damage without injury."
• Meaning: This maxim refers to situations where damage is caused, but no legal
injury occurs. In other words, a person may suffer harm, but if there is no legal
wrong or violation of rights, no legal remedy is available.
• Example: If a person is inconvenienced by the construction of a building next
door (e.g., noise), but no legal rights are violated, they may suffer damage
without injury.
8. Injuria Sine Damnum
• Translation: "Injury without damage."
• Meaning: This occurs when a person’s legal rights are violated, but no actual
damage (e.g., financial loss or physical harm) results from the violation. Even
without actual harm, the violation of rights can lead to a legal remedy.
• Example: A false defamation claim may cause injury to a person’s reputation
(a legal injury), even if no financial loss occurs.
9. Res Judicata
• Translation: "A matter judged."
• Meaning: This principle prevents the same issue from being litigated more than
once after it has already been judged. Once a final decision has been made,
the case cannot be reopened.
