Legal Maxims in General Jurisprudence

1. Audi Alteram Partem (Hear the other side)
   • This maxim signifies the right of a person to a fair hearing. It embodies the principle of natural justice, which requires that both parties in a dispute be given an opportunity to present their case.
2. Nemo Judex in Causa Sua (No one should be a judge in their own cause)
   • This maxim prevents a person from acting as a judge in a matter in which they have a personal interest, ensuring impartiality in judicial proceedings.
3. Res Judicata (A matter judged)
   • This principle states that once a matter has been decided by a competent court, it cannot be reopened or re-litigated. This ensures finality in judicial decisions.
4. Stare Decisis (To stand by things decided)
   • The doctrine of stare decisis mandates that courts should follow precedents established by higher courts, ensuring consistency and predictability in the law.
5. Equity, like nature, is ever making for the good of the governed (Equitas, sicut natura, semper quaerit bonum civitatis)
   • This maxim implies that equity strives for fairness and justice, taking into account the facts and circumstances of each case to ensure that the decision benefits the society at large.

Maxims in Criminal Law

1. Actus Reus Non Facit Reum Nisi Mens Sit Rea (An act does not make a person guilty unless there is a guilty mind)
   • This fundamental principle of criminal law indicates that both the act (actus reus) and the intention (mens rea) must be present for a crime to be committed.
2. Ignorantia Juris Non Excusat (Ignorance of the law is no excuse)
   • This maxim asserts that a person cannot escape liability for their actions merely because they were unaware of the law. Everyone is presumed to know the law.
3. Caveat Emptor (Let the buyer beware)
   • Although not limited to criminal law, this maxim is important in fraud-related criminal cases. It means that the buyer is responsible for examining the goods and ensuring they are satisfactory before making a purchase.
4. Volenti Non Fit Injuria (To a willing person, no injury is done)
   • This principle in criminal law suggests that if an individual voluntarily consents to a risk, they cannot claim injury or seek legal remedies for harm suffered.
5. Nullum Crimen Sine Lege (No crime without law)
   • This principle emphasizes that an act cannot be considered a crime unless it has been defined as such by law. It safeguards individuals from arbitrary prosecution.

Maxims in Civil Law

1. Ubi Jus Ibi Remedium (Where there is a right, there is a remedy)
   • This maxim signifies that if a person’s right is violated, the law provides a remedy or compensation to the aggrieved party.
2. Ei incumbit probatio qui dicit, non qui negat (The burden of proof lies on the one who asserts, not on the one who denies)
   • This principle dictates that in civil cases, the party making an assertion must prove it, while the defendant is presumed innocent unless proven otherwise.
3. Injuria Sine Damno (Injury without damage)
   • This principle in civil law states that a person can claim compensation for an injury even if they have not suffered any tangible damage or loss, provided there has been an infringement of a right.
4. Falsus in Uno, Falsus in Omnibus (False in one thing, false in everything)
   • This maxim suggests that if a witness is proven to be false in one instance, their entire testimony may be regarded as unreliable or untrustworthy.
5. Pacta Sunt Servanda (Agreements must be kept)
   • This principle of civil law emphasizes the binding nature of contracts. If parties enter into an agreement voluntarily, they are bound to honor the terms and conditions.

Maxims in Contract Law

1. Consensus ad Idem (Agreement to the same thing)
   • This maxim highlights the requirement for mutual agreement between parties on the same subject matter in contract law. A contract is valid only when both parties have the same understanding and agreement.
2. Ex Turpi Causa Non Oritur Actio (An action does not arise from an immoral cause)
   • This maxim establishes that a person cannot claim a legal remedy if their claim is based on illegal or immoral activities.
3. Quod Semper Fiat (Let it be always done)
   • This principle suggests that in contract law, the execution of a contract should take place in accordance with established customs or rules, ensuring consistency and certainty in contractual obligations.
4. Nemo dat quod non habet (No one gives what they do not have)
   • This principle means that a person cannot transfer rights that they do not possess. In contract law, if a seller does not have title to the goods, they cannot transfer ownership to the buyer.
5. Lex Non Cogit Ad Impossibilia (The law does not compel the impossible)
   • This maxim implies that a contract cannot compel a party to perform an act that is impossible, either due to external factors or inherent impossibility.

Maxims in Constitutional Law

1. Sovereign Immunity
   • This principle holds that the sovereign or the state cannot be sued in its own courts without its consent. It protects government actions from judicial scrutiny unless waived by law.
2. Salus Reipublicae Suprema Lex (The welfare of the state is the supreme law)
   • This maxim prioritizes the interest of the public and the state over individual interests, ensuring that actions harmful to the state or society are regulated or prohibited.
3. Ejusdem Generis (Of the same kind or nature)
   • This rule of interpretation is applied in statutes where a general term follows a specific one, and the general term is interpreted to mean only things of the same kind as the specific term.
4. Ex Post Facto Law (After the fact)
   • This principle prohibits the retroactive application of laws. A person cannot be punished for an act that was not considered a crime at the time it was committed.
5. Republica est lex, quae omnes tangit (The republic is the law that touches all)
   • This maxim emphasizes that laws made by the state are applicable to everyone within its jurisdiction, regardless of status or position.

Maxims in Equity

1. He who comes to equity must come with clean hands
   • This maxim requires that a person seeking equitable relief must not have acted unfairly or unethically in the matter at hand. Equity favors those who approach it with integrity.
2. Equity will not suffer a wrong to be without a remedy
   • This principle ensures that equity provides a remedy when there is no adequate remedy at law, allowing courts to fill gaps and prevent injustice.
3. Delay defeats equity
   • Equity will not intervene if a party has unreasonably delayed in asserting their right, especially when the delay has caused prejudice to the opposing party.
4. Equity follows the law
   • Although equity is based on fairness and justice, it follows the principles of law. Where the law provides an adequate remedy, equity will not intervene.
5. Justice delayed is justice denied
   • This maxim highlights the importance of timely justice. The law requires that legal matters be resolved promptly to ensure justice is not compromised by delays.