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Old 24th February 2020, 09:10 PM
Default Re: Important Legal Terms For CLAT

Can you list me some Legal Maxims and Phrases for preparation for Common Law Admission Test (CLAT) Exams for admission BA LLB Program?
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Old 24th February 2020, 09:10 PM
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Default Re: Important Legal Terms For CLAT

Some Legal Maxims and Phrases for preparation for Common Law Admission Test (CLAT) Exams are as follows:

1. Ab Initio – From the beginning.

2. Actionable per se – The very act is punishable and no proof of damage is required.

3. Actio personalis moritur cum persona – A personal right of action dies with the person. In other sense, if he dies the right to sue is gone.

4. Actori incumbit onus probandi – The burden of proof is on the plaintiff.

5. Actus Reus Non Facit Reum Nisi Mens Sit Rea – Conviction of a crime requires proof of a criminal act and intent. or an act does not make a defendant guilty without a guilty mind. or an act does not constitute guilt unless done with a guilty intention.

6. Ad hoc – For the particular end or case at hand.

7. Alibi – At another place, elsewhere.

8. Amicus Curiae – A friend of court or member of the Bar who is appointed to assist the Court.

9. Ante Litem Motam – Before suit brought; before controversy instituted OR spoken before a lawsuit is brought.

10. Assentio mentium – The meeting of minds, i.e mutual assents.

11. Audi alteram partem – No man shall be condemned unheard.

12. Bona fide – In good faith.

13. Bona vacantia – Goods without an owner.

14. Boni judicis est ampliare jurisdictionem – It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority.

15. Caveat – A caution registered with the public court to indicate to the officials that they are not to act in the matter mentioned in the caveat without first giving notice to the caveator.

16. Caveat actor – Let the doer beware.

17. Caveat emptor – Let the buyer beware.

18. Caveat venditor -Let the seller beware.

19. Certiorari – A writ by which orders passed by an inferior court is quashed.

20. Corpus – Body.

21. Corpus delicti – The facts and circumstances constituting a crime and Concrete evidence of a crime, such as a corpse (dead body).

22. Damnum sine injuria – Damage without injury.

23. De facto – In fact.

24. De jure – By law.

25. De minimis – About minimal things.

26. De Minimis Non Curat Lex – The law does not govern trifles (unimportant things) or law ignores insignificant details.
A common law principle whereby judges will not sit in judgment of extremely minor transgressions (offence, wrongdoings) of the law.

27. De novo – To make something anew.

28. Dictum – Statement of law made by judge in the course of the decision but not necessary to the decision itself.

29. Doli incapax – Incapable of crime.

30. Detinue – Tort of wrongfully holding goods which belong to someone else.

31. Donatio mortis causa – Gift because of death. (or a future gift given in expectation of the donor’s imminent death and only delivered upon the donor’s death.)

32. Estoppel – Prevented from denying.

33. Ex gratia – As favour.

34. Ex officio – Because of an office held.

35. Ex parte – Proceedings in the absence of the other party.

36. Ex post facto – Out of the aftermath. or After the fact.
37. Fatum – Beyond human foresight.

38. Factum probans – Relevant fact.

39. Fraus est celare fraudem – It is a fraud to conceal a fraud.

40. Functus officio – No longer having power or jurisdiction.

41. Furiosi nulla voluntas est – Mentally impaired or mentally incapable persons cannot validly sign a will, contract or form the frame of mind necessary to commit a crime. or a person with mental illness has no free will.

42. Habeas corpus – A writ to have the body of a person to be brought in before the judge.

43. Ignorantia juris non excusat – Ignorance of the law excuses not or Ignorance of the law excuses no one.
In other words,
A person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content.

44. Injuria sine damno – Injury without damage.

45. Ipso facto – By the mere fact.

46. In promptu – In readiness.

47. In lieu of – Instead of.

48. In personam – A proceeding in which relief I sought against a specific person.

49. Innuendo – Spoken words which are defamatory because they have a double meaning.

50. In status quo – In the present state.

51. Inter alia – Among other things.

52. Inter vivos – (especially of a gift as opposed to a legacy) between living people.

53. Interest Reipublicae Ut Sit Finis Litium – It means it is in the interest of the state that there should be an end to litigation.

54. Jus cogens (or ius cogens) – Compelling law.

55. Jus in personam – Right against a specific person.

56. Jus in rem – Right against the world at large.

57. Jus naturale – Natural law.
Or in other words,
A system of law based on fundamental ideas of right and wrong that is Natural Law.

58. Jus Necessitatis – It means a person’s right to do what is required for which no threat of legal punishment is a dissuasion.
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