Legal Maxims Quiz

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Questions and Answers

Which language were most of the Latin maxims originated from?

  • English
  • Latin (correct)
  • Italian
  • French

What is a legal maxim?

  • An established principle or proposition of law (correct)
  • A type of aphorism
  • A general maxim
  • All of the above

What was the attitude of early English commentators towards legal maxims?

  • Adulation (correct)
  • Confusion
  • Indifference
  • Disapproval

What is the origin of the word 'maxim'?

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

What is the purpose of using maxims in legal matters?

<p>To decide doubt and help soundness of judgment (C)</p> Signup and view all the answers

Which of the following is NOT true about legal maxims?

<p>Roman jurists did not include maxims in their treatises (D)</p> Signup and view all the answers

What is the denotation of the word 'maxima' in extant texts of Roman law?

<p>None of the above (D)</p> Signup and view all the answers

According to Thomas Hobbes, how are legal maxims regarded in the law?

<p>As having the same strength and effect as statutes (A)</p> Signup and view all the answers

What was the attitude of early English commentators towards legal maxims?

<p>They praised and revered legal maxims (D)</p> Signup and view all the answers

What is the purpose of using maxims in legal matters according to Francis Bacon?

<p>To aid in gracing argument (D)</p> Signup and view all the answers

Flashcards

Latin Maxims' Origin

Most Latin maxims originated from the Latin language.

Legal Maxim Definition

A legal maxim is a well-established principle or rule of law.

Early English View on Maxims

Early English commentators greatly admired and respected legal maxims.

Origin of 'Maxim'

The word 'maxim' also originates from the Latin language.

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Purpose of Legal Maxims

Legal maxims are used to resolve legal disputes and improve the quality of legal judgments.

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Fact about Legal Maxims

Roman jurists did include maxims extensively in their legal writings.

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Denotation of 'Maxima' in Roman Law

The word 'maxima' is not used with a specific legal meaning in texts of Roman law.

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Hobbes' View on Legal Maxims

Thomas Hobbes believed that legal maxims are as authoritative and effective as written laws.

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English Commentators' Praise for Maxims

Early English commentators lauded and praised legal maxims.

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Bacon's View on Maxims' Purpose

According to Francis Bacon, legal maxims are useful for enhancing the persuasiveness of legal arguments.

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Study Notes

Origin of Maxims

  • Most Latin maxims originated from Roman law and Roman jurisprudence.
  • A legal maxim is a concise expression of a general principle or rule of law.

Attitude towards Maxims

  • Early English commentators viewed legal maxims with skepticism and mistrust.

Origin of the Word 'Maxim'

  • The word 'maxim' originates from the Latin word 'maxima', meaning 'greatest' or 'highest'.

Purpose of Maxims

  • The purpose of using maxims in legal matters is to provide concise and memorable statements of legal principles.

Characteristics of Maxims

  • Legal maxims are not laws themselves, but rather guidelines or principles that guide the application of laws.

Thomas Hobbes on Maxims

  • According to Thomas Hobbes, legal maxims are regarded as part of the law.

Francis Bacon on Maxims

  • According to Francis Bacon, the purpose of using maxims in legal matters is to provide a concise and memorable statement of legal principles to guide judges in their decisions.

Meaning of 'Maxima' in Roman Law

  • In extant texts of Roman law, the word 'maxima' denotes the highest or most important principles or rules.

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