Hello everyone!!!
Today I will be telling about interesting concept of legal maxims which plays important role in law field.
Legal maxims are brief expression of principles used in courtroom debates in Latin language.Maxims states the principle on which the case is constructed. Here are some frequently used maxims.
1.Audi Alteram Partem-:
It means “ No one should be condemned unheard ”.It is fundamental principles of natural justice as both the parties must be heard before any order is passed. This maxim is not applied in situations like emergency and legislation functions.
2.Caveat Emptor -:
It means “Let the buyer beware”. It is basic principle in sales of good cases. Apart from fraud case, buyer is responsible for his transaction relaying upon his skills and judgment of quality goods. If buyer purchase goods not compiling his requirement, he has no one to blame but himself.
3.Ignotanta Facti Excusat, Ingnorantia Juris Non Excusat -:
It means “Ignorance of facts excuses, ignorance of law does not”.According to law, every person must be responsible for law of the land. One cannot escape from law on the ground of not being aware of rules and regulation. Foreigners are also not exception for native law system.
4.Nemo Dat Quod Non Habet -:
It means “on one gives what he does not possess”. If thief sells stolen property and buyer purchase it without knowing it is stolen, true owner of property can still claim it from purchaser.
5. Nemo Debet Esse Judex In Propria Sua Causa -:
It means “No man can be judge in his own case”. Impartial and neutral approach is essential for natural justice. So no person can be judge of case in which his or her pecuniary, personal interest is involved.
6.Nemo Tenetur Seipsum Accusare -:
It means “No man can be compelled to criminate himself”.Even a person is arrested as criminal, he/she is not obligates to give statement against himself/herself.
7.Noscicitur A Sociis -:
Sometimes a word in any Act, document or regulations creates confusion regarding meaning of it. In such case interpretation of such word must be done with the help of words association with it in respective Documents.
8.Ubi Jus Ibi Remedium -:
It means “there is no wrong without a remedy”. It is important maxim which implies, whenever the common law gives a right or prohibits an injury, it also gives remedy.
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