Legal Maxims Quiz
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Questions and Answers

What does the legal maxim 'Caveat emptor' signify?

  • Let the doer beware.
  • Let the seller beware.
  • A caution registered with the public court.
  • Let the buyer beware. (correct)

Which maxim indicates that a personal right of action ceases upon the death of an individual?

  • Actio personalis moritur cum persona. (correct)
  • Ab Initio.
  • Actus reus.
  • Audi alteram partem.

What is implied by the legal maxim 'Actus non facit reum nisi mens sit rea'?

  • The burden of proof lies with the defendant.
  • An act can be punished without evidence of wrongdoing.
  • An act must occur without intent to be deemed guilty.
  • A guilty mind is necessary for legal guilt. (correct)

Which of the following maxim pertains to the need for mutual agreement in a contract?

<p>Assentio mentium. (C)</p> Signup and view all the answers

What does 'Audi alteram partem' imply in legal proceedings?

<p>A person has the right to not be condemned unheard. (C)</p> Signup and view all the answers

Which maxim suggests that the act must have evidence to establish the occurrence of a crime?

<p>Corpus delicti. (D)</p> Signup and view all the answers

In the legal context, what does the term 'Bona vacantia' refer to?

<p>Goods that are abandoned and have no owner. (D)</p> Signup and view all the answers

Which legal maxim indicates that the burden of proof lies with the plaintiff?

<p>Actori incumbit onus probandi. (D)</p> Signup and view all the answers

What does the principle 'jus in rem' refer to?

<p>A right that applies to the world at large (A)</p> Signup and view all the answers

Which of the following phrases means 'justice is to be denied to nobody'?

<p>Justitia nemini neganda est (A)</p> Signup and view all the answers

What principle does 'mala in se' signify?

<p>Acts that are wrong regardless of a legal system (B)</p> Signup and view all the answers

What does the term 'Nullum crimen sine lege, nulla poena sine lege' imply?

<p>There can be no crime or punishment without established law. (A)</p> Signup and view all the answers

What does 'jus sangunis' refer to?

<p>The right of descent or blood (B)</p> Signup and view all the answers

What does 'lex fori' indicate?

<p>The law governing the location of the court proceedings (A)</p> Signup and view all the answers

What is the meaning of the legal principle 'Nemo judex in propria causa'?

<p>No one can judge in their own case. (B)</p> Signup and view all the answers

Which term refers to a person's ability to appear and be heard in court?

<p>Locus standi (D)</p> Signup and view all the answers

What is the essence of the term 'Mens rea'?

<p>A guilty mind or intention behind a crime. (D)</p> Signup and view all the answers

In legal terms, what does 'Nolle prosequi' signify?

<p>A formal withdrawal of charges by the prosecutor. (D)</p> Signup and view all the answers

What is the meaning of 'lex non a rege est violanda'?

<p>Even kings must not violate the law (A)</p> Signup and view all the answers

What does 'Obiter dictum' refer to in legal contexts?

<p>A statement made by a judge that is incidental and not binding as precedent. (B)</p> Signup and view all the answers

What does 'Mutatis Mutandis' mean in legal contexts?

<p>With necessary changes made or taking differences into account. (D)</p> Signup and view all the answers

Which principle does 'Nemo bis punitur pro eodem delicto' convey?

<p>No one should endure double jeopardy for the same offense. (D)</p> Signup and view all the answers

What does 'Mandamus' refer to in legal terminology?

<p>A writ to compel performance of a public duty by a government authority. (C)</p> Signup and view all the answers

What does the principle of 'De minimis non curat lex' imply about the law's concern for minor transgressions?

<p>The law is indifferent to trifling matters. (A)</p> Signup and view all the answers

In legal terms, what does 'doli incapax' refer to?

<p>Incapability of forming criminal intent. (D)</p> Signup and view all the answers

What does 'ex parte' signify in legal proceedings?

<p>Proceedings in the absence of one party. (A)</p> Signup and view all the answers

What is the meaning of 'falsus in uno falsus in omnibus'?

<p>One false statement undermines all. (C)</p> Signup and view all the answers

What does 'damnum sine injuria' mean in legal terminology?

<p>Non-actionable harm or damage. (C)</p> Signup and view all the answers

What is the implication of 'habeas corpus' in legal context?

<p>An order to bring a detained person before a judge. (C)</p> Signup and view all the answers

What does 'doli capax' express in terms of criminal law?

<p>Capacity to form intent to commit a crime. (D)</p> Signup and view all the answers

The term 'estoppel' in law refers to which of the following?

<p>The prevention of denying facts or claims. (A)</p> Signup and view all the answers

What does 'respondeat superior' imply in legal terms?

<p>An employer may be held responsible for acts of employees during their employment. (A)</p> Signup and view all the answers

Which of the following best describes 'res ipsa loquitor'?

<p>The situation speaks for itself, implying negligence without direct evidence. (B)</p> Signup and view all the answers

What does 'sine qua non' refer to in legal contexts?

<p>An indispensable condition or element of an argument. (B)</p> Signup and view all the answers

What principle does 'ubi jus ibi remedium' convey?

<p>Where there is a right, a remedy should exist. (D)</p> Signup and view all the answers

Which statement accurately captures the meaning of 'veto'?

<p>An official prohibition against a law, even if initially approved. (A)</p> Signup and view all the answers

What does the term 'volenti non fit injuria' imply?

<p>A person consent to an activity cannot claim for injuries sustained in that activity. (D)</p> Signup and view all the answers

What principle does 'salus populi est suprema lex' highlight?

<p>The collective welfare of the people is paramount. (D)</p> Signup and view all the answers

How can 'res judicata' best be defined?

<p>A principle stating a previously decided case is now final. (C)</p> Signup and view all the answers

What does the term 'onus probandi' refer to in legal context?

<p>The burden of proof. (C)</p> Signup and view all the answers

Which term describes a statement in a judicial opinion that is not essential for the case decision?

<p>Dicta. (C)</p> Signup and view all the answers

What does 'pacta sunt servanda' signify in international law?

<p>Treaties must be performed in good faith. (D)</p> Signup and view all the answers

In legal terms, what does 'per se' mean?

<p>By itself. (D)</p> Signup and view all the answers

What does 'quantum meruit' imply in legal agreements?

<p>A reasonable amount is due for services rendered. (B)</p> Signup and view all the answers

What term describes the principle that a foreign person can be declared unacceptable in a country?

<p>Persona non grata. (A)</p> Signup and view all the answers

Which of the following best describes 'qui sentit commodum, sentire debet et onus'?

<p>One who gains must also shoulder the corresponding burden. (D)</p> Signup and view all the answers

What does the legal term 'quo warranto' challenge?

<p>The authority under which someone claims public office. (C)</p> Signup and view all the answers

Flashcards

Ab Initio

From the beginning.

Actionable per se

An act that is punishable without proof of damage.

Audi alteram partem

No man shall be condemned unheard.

Bona fide

In good faith.

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Caveat emptor

Let the buyer beware.

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Certiorari

A writ that can overturn a lower court's decision.

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Corpus delicti

The evidence that a crime occurred.

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Crimen trahit personam

The crime carries the person, meaning someone can be charged where the crime took place.

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Damnum sine injuria

Damages caused without a legal wrong or injury.

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De facto

In fact, in reality, even if not officially recognized.

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De jure

By law, legally recognized.

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De minimis non curat lex

The law doesn't concern itself with trivial matters.

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Detinue

Wrongfully keeping goods that belong to someone else.

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Estoppel

Being barred from denying something you previously asserted.

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Ex parte

Legal proceedings conducted in the absence of one party.

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Habeas corpus

A writ demanding a person be brought before a judge to determine if their detention is lawful.

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Mala Prohibita

An act is criminal solely because it is prohibited by law, not because it is inherently wrong.

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Mandamus

A court order commanding a public authority to perform a legal duty.

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Mens Rea

The guilty mind, the mental state required for a crime.

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Modus Operandi

A criminal's characteristic way of working.

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Nemo Bis Punitur Pro Eodem Delicto

No one can be punished twice for the same crime.

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Nemo Debet Esse Judex In Propria Causa

No one can be a judge in their own case.

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Nemo Moriturus Praesumitur Mentire

A person is presumed not to lie when facing death.

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Nullum Crimen Sine Lege, Nulla Poena Sine Lege

No crime or punishment without law.

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Injuria sine damnum

An act that causes harm but no financial loss. It's a legal concept where harm is not enough for a claim, you also need demonstrable damage.

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Ipso facto

Something that is true by the very fact itself, automatically or by its own nature. No other evidence needed to prove it.

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In personam

A legal action targeting a specific person. Their personal involvement is key.

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Innuendo

Words that are defamatory through their hidden meaning, like a double meaning that harms someone's reputation.

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Inter alia

Means "among other things", used to list out several points, indicating there are others not mentioned.

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Jus cogens

A fundamental principle of international law that overrides any national law. It's like a global rulebook.

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Jus in rem

A right against the world at large. It's a general right, not specific to one person. Think of public space.

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Malum in se

A crime considered wrong in itself, regardless of the law. It's morally wrong, like murder, even if no law against it.

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Obiter Dictum

A statement in a judicial opinion that is not necessary for the decision of the case. It lacks the force of precedent but can still be significant.

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Onus Probandi

The burden of proof; the responsibility to prove a claim in court.

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Pacta Sunt Servanda

Agreements must be kept. International agreements should be performed in good faith.

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Pari Passu

With an equal step; proportionally or equally.

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Particeps Criminis

A participant in a crime; partner in the crime.

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Per Curiam

By the court; a decision made by the court acting collectively.

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Per Se

By itself; inherently or automatically.

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Persona Non Grata

A person who is unacceptable or unwelcome. In diplomacy, this person is prohibited from entering or staying in a country.

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Quod Necessitas Non Habet Legem

A legal principle that states that necessity knows no law. This means that in extreme circumstances, people may be justified in breaking the law to save themselves or others.

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Ratio Decidendi

The legal principle or reason underlying a court judgment or decision.

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Respondeat Superior

A legal doctrine that holds an employer responsible for the wrongful acts of their employees committed within the scope of their employment.

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Res Ipsa Loquitor

A legal doctrine that means "the thing speaks for itself." This applies when the cause of an accident is obvious and the defendant is responsible.

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Res Judicata

A legal doctrine that prevents a case from being retried once it has been decided by a court.

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Salus Populi Est Suprema Lex

A legal principle that states that the welfare of the people is the supreme law. This means that the government should prioritize the well-being of its citizens.

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Ubi Jus Ibi Remedium

A legal principle that states that where there is a right, there is a remedy. This means that if someone's rights are violated, they have the right to seek a remedy.

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Volenti Non Fit Injuria

A legal principle that states that no harm is done to a person who consents to it. This means that if someone willingly puts themselves in a dangerous situation, they cannot sue for injuries.

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Study Notes

  • Ab Initio: From the beginning.
  • Actionable per se: The act itself is punishable; damage proof isn't needed.
  • Actio personalis moritur cum persona: A personal right of action dies with the person.
  • Actori incumbit onus probandi: The burden of proof rests on the plaintiff.
  • Actus me invito factus non est meus actus: An act against one's will isn't their act.
  • Actus non facit reum nisi mens sit rea: A guilty act isn't a crime without a guilty mind.
  • Actus reus: Guilty act.
  • Actus Reus Non Facit Reum Nisi Mens Sit Rea: A criminal act and intent need to be proven for conviction.
  • Ad hoc: For a particular case or objective.
  • Alibi: At another place, elsewhere.
  • Amicus Curiae: A friend of the court; a bar member assisting the court.
  • Ante Litem Motam: Before the start of a dispute or legal process.
  • Assentio Mentium: Meeting of the minds; mutual agreement.
  • Audi alteram partem: No one should be condemned unheard.
  • Bona fide: In good faith.
  • Bona vacantia: Goods without an owner.
  • Boni judicis est ampliare jurisdictionem: A good judge should broaden their jurisdiction.
  • Caveat actor: Let the doer beware.
  • Caveat emptor: Let the buyer beware.
  • Caveat venditor: Let the seller beware.
  • Certiorari: A legal order to review an inferior court's decision.
  • Communis hostis omnium: A common enemy of all.
  • Corpus: Body.
  • Corpus delicti: The facts and evidence of a crime.
  • Crimen trahit personam: The crime follows the person.
  • Damnum sine injuria: Damage without wrong.
  • De facto: In fact.
  • De jure: By law.
  • De minimis: Trivial matters, not worth legal concern.
  • De Minimis Non Curat Lex: The law does not concern itself with trifles.
  • De novo: Again, starting anew.
  • Dictum: A judge's statement in a legal decision that isn't essential to the ruling.
  • Doli capax: Capable of committing a crime.
  • Doli incapax: Incapable of committing a crime.
  • Detinue: Wrongfully withholding another's property.
  • Donatio mortis causa: A gift made in anticipation of death.
  • Estoppel: Prevents someone from denying a previous statement or action.
  • Ex gratia: As a favour.
  • Ex officio: By virtue of office.
  • Ex parte: In the absence of the other party.
  • Ex post facto: From a later period in time.
  • Falsus in uno falsus in omnibus: False in one thing, false in all things.
  • Fatum: Beyond human control.
  • Factum probandum: The facts that need to be proven.
  • Factum probans: Proof of a fact.
  • Fraus est celare fraudem: It is a fraud to conceal a fraud.
  • Functus officio: Having completed their duty or role.
  • Furiosi nulla voluntas est: A madman has no will.
  • Habeas corpus: A legal action to produce a person in court.
  • Ignorantia facit excusat; Ignorantia juris non excusat: Ignorance of fact can be an excuse, but ignorance of the law is not.
  • Ignorantia juris non excusat. Ignorance of the law is no excuse.
  • In personam: Criminal proceedings against a specific person.
  • In promptu: Ready.
  • In lieu of: Instead of.
  • Innuendo: Implication.
  • In status quo: In the present state.
  • Inter alia: Among other things.
  • Interest Reipublicae Ut Sit Finis Litium: It is in the state's interest to end litigation.
  • Inter vivos: Between living persons (especially for gifts), not inheritances.
  • Jus cogens: Compelling law that cannot be set aside.
  • Jus in personam: A right against a specific person.
  • Jus in rem: A right against the world.
  • Jus naturale: Natural law.
  • Jus Necessitatis: Right based on necessity.
  • Jus non scriptum: Customary law.
  • Jus scriptum: Written law.
  • Jus soli: Right by place of birth.
  • Jus sanguinis: Right by bloodline.
  • Lex Fori: Law of the court's jurisdiction.
  • Lex non a rege est violanda: The law must not be violated, even by the king.
  • Locus standi: Right to be heard in court.
  • Mala fide: In bad faith.
  • Malum in se: Evil in itself.
  • Malum prohibitum: Criminal due to a law/statute, not inherent nature.
  • Mandamus: A court order compelling action.
  • Mens rea: Guilty mind.
  • Misnomer: Wrong or inaccurate name or title.
  • Modus operandi: Method of operation.
  • Modus vivendi: Way of living.
  • Mutatis mutandis: With the necessary changes made.
  • Nemo bis punitur pro eodem delicto: No one should be punished twice for the same crime.
  • Nemo debet esse judex in propria causa.: No one should be a judge in their own case.
  • Nemo moriturus praesumitur mentire: No one is presumed to lie when facing death.
  • Nemo potest esse tenens et dominus: No one can be at the same time tenant and landlord.
  • Nolle prosequi: A prosecutor dropping legal action.
  • Novation: Replacement of a contract with a new one.
  • Nullum crimen sine lege, nulla poena sine lege: No crime without law, no punishment without law.
  • Nunc pro tunc: Now for then; effective from an earlier date.
  • Obiter dictum: A judge's non-essential statement in a decision.
  • Onus probandi: Burden of proof.
  • Pacta sunt servanda: Agreements must be kept.
  • Pari passu: Equally.
  • Particeps criminis: Participant in a crime.
  • Per curiam: By the court.
  • Per se: By itself.
  • Persona non grata: An unwelcome person; a diplomatic rejection.
  • Potior est conditio possidentis: The possessor's condition is stronger.
  • Prima facie: At first glance.
  • Qui facit per alium facit per se: He who acts through another, acts through himself.
  • Qui peccat ebrius luat soberius: He who wrongs while drunk shall be punished when sober.
  • Quid pro quo: Something for something.
  • Quo warranto: By what authority.
  • Quod necessitas non habet legem: Necessity knows no law.
  • Ratio decidendi: The reason for a court's decision.
  • Res ipsa loquitur: The thing speaks for itself.
  • Res Judicata: A matter already decided by a court.
  • Res judicata pro veritate accipitur: A decided matter is considered true.
  • Respondeat superior: Let the master answer.
  • Rex non protest peccare: The king can do no wrong.
  • Salus populi est suprema lex: The safety of the people is the supreme law.
  • Sine die: Indefinitely.
  • Sine qua non: Absolutely essential.
  • Status quo: Existing situation.
  • Suo Motu: On its own motion.
  • Suum cuique: To each their due.
  • Ubi jus ibi remedium: Where there's a right, there's a remedy.
  • Ultra vires: Beyond the powers or legal authority.
  • Veto: Ban or objection to a decision.
  • Vice versa: The reverse.
  • Vis major (force majeure): A superior force.
  • Vox populi: Voice of the people.
  • Waiver: Voluntary giving up of a right or claim.

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