Ten Legal Maxims Every Judiciary Aspirant Should Know

Legal maxims are short Latin phrases that carry a whole rule inside them. Examiners like them because one phrase can open a full answer.

A note on the source: the Legal Service India glossary I used gives translations and no examples or cases, so this post gives meanings only. I picked the ten that appear most often in legal writing from the glossary. The meanings below are close paraphrases of the page.

Ten maxims in plain words

1. Actus non facit reum nisi mens sit rea. A wrongful act alone does not make a person guilty without a guilty mind. The short form, mens rea, means a guilty state of mind.

2. Audi alteram partem. Both sides should be heard.

3. Nemo debet esse judex in propria causa. No one should judge their own case.

4. Res judicata. A matter already decided is treated as settled.

5. Stare decisis. Follow existing precedents.

6. Prima facie. Accepted on first appearance unless disproved.

7. Ignorantia facti excusat, ignorantia juris non excusat. Ignorance of fact can excuse, but ignorance of law does not.

8. Actori incumbit onus probandi. The party bringing a claim must prove it.

9. Nemo bis punitur pro eodem delicto. No one can be punished twice for the same offence.

10. Ex parte. A proceeding brought by one party in the absence of the other.

Also Check: Is Coaching Necessary for Judiciary Exams? 

Other useful ones from the same glossary

·        Bona fide means in good faith, and mala fide means in bad faith.

·        De facto means in fact, whether or not formally recognised. De jure means by right, as recognised by law.

·        Ex post facto means based on a later event, that is, retroactive.

·        In camera means in private, not in open court.

·        Caveat emptor means the buyer is responsible for checking what they purchase.

·        Respondeat superior means the principal answers for the acts of an agent.

·        De minimis lex non curat means the law does not concern itself with trivial matters.

·        Corpus delicti means the essential facts showing that a crime has occurred.

How to learn them

Make a card for each maxim with the Latin on one side and the meaning on the other. Then attach one section, article or case from your own notes. Revise five a day. The goal is to use them naturally in answers, not to list them.

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FAQs

What is a legal maxim?

A short Latin phrase that states a rule of law.

What does mens rea mean?

A guilty state of mind.

What does audi alteram partem mean?

Both sides should be heard.

Which maxim stops a judge from deciding his own case?

Nemo debet esse judex in propria causa.

What does res judicata mean?

A matter already decided is treated as settled.

What does stare decisis mean?

Follow existing precedents.

Does ignorance of law excuse?

No. Ignorance of fact can excuse, but ignorance of law does not.

What does ex parte mean?

A proceeding brought by one party in the absence of the other.

Conclusion

Maxims are small, but they carry weight in short answers and MCQs. Learn the meaning, then attach one provision to each.

At Aashayein Judiciary, Nitesh Sir and the team add maxims to our Judiciary Notes along with the sections that use them. Join our Online Judiciary Coaching, Mock Test series and PYQ practice for the Civil Judge Exam, PCS J Exam and APO Exam.